Terms of Service

CredCompare Terms of Service

CredCompare USA Inc. ("CredCompare", "us", "our", or "we") is the creator and owner of a platform that assists patients finding loans and other financing solutions (“Loan”) for payment of treatment provided by medical clinics ("Platform" and "Clinics", respectively). These Terms of Service ("Terms") govern your access and use of the Platform and/or services available thereon ("Services"). Our Privacy Notice, available at https://credcompare.landen.co/Privacy-Policy ("Privacy Notice") governs our collection, processing and transfer of any personal information, including any protected health information (as such terms are defined in the Privacy Notice). "You" means any patient of a Clinic, or parent or legal guardian thereof, using the Services, as detailed herein.

Prior to accessing the Platform and/or Services on your behalf, the Clinic shall request that you verbally assent to these Terms and instruct the Clinic's representative to accept these Terms on your behalf. Please read these Terms carefully. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not direct the Clinic to use the Platform and/or Services on your behalf.

Use of Services

Subject to these Terms, CredCompare allows the Clinic to access and use the Platform and Services on your behalf, on a non-exclusive basis, in order to request Loans from participating lenders ("Lenders") in connection with the medical treatment provided to you or any Third-Party Patient by the Clinic. Subject to applicable law, CredCompare may, at its sole discretion and at any time, modify or discontinue providing the Services or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the Services.

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) any and all Application Information (as defined below) you submit (including through the Clinic's representative) is truthful and accurate; (b) you have the legal right and ability to provide all Application Information to CredCompare for the purposes set forth herein and shall not provide CredCompare with any Application Information relating to any third-party without notifying such third party and/or obtaining the consent of such third-party, all as required by applicable law; (c) in the event you are the parent or legal guardian of the patient receiving the treatment from the Clinic in respect of which you are submitting an Application (as defined below) ("Third-Party Patient"), you have the legal right and ability in accordance with applicable law, to (i) request on behalf of or for such Third-Party Patient the treatment thereof by the Clinic, and (ii) provide all Application Information relating to such Third-Party Patient to CredCompare for the purposes set forth herein (d) you will maintain the accuracy of all Application Information; (e) you are 18 years of age or older and have the ability to form a binding contract; (f) you are a U.S. citizen or permanent resident and have a valid social security number or have the legal right to provide the social security number of a Third-Party Patient if and to the extent required; (g) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; (h) by submitting an Application (as defined below), you thereby (i) authorize and direct the Clinic to disclose to CredCompare certain information about you in connection with your Application, including, your name, the type of treatment you, or any Third-Party Patient, as applicable, are receiving from the Clinic and the cost and status of such treatment, (ii) authorize and direct CredCompare to disclose to the Clinic certain information including Application Information and the status of your Application, (iii) authorize and direct the Clinic to disclose to any Lender the Application Information, (iv) authorize and direct any Lender to disclose to CredCompare certain information in respect of your Application, and (v) authorize and provide written instructions under the Fair Credit Reporting Act to any Lenders to obtain your credit report and other credit information about you from consumer reporting agencies; (i) the Clinic has notified you of the collection, use and disclosure of your personal and protected health information as set forth in the Privacy Notice; and (j) you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.

You hereby consent to receive notices, disclosures and other communications from us in an electric form in accordance with applicable law. You may request any document in a non-electronic form or withdraw your consent to conduct this transaction electronically by use of electronic disclosures and documents at any time by contacting us as at contact@credcompare.com. You agree to maintain the accuracy of the contact information provided by you to CredCompare and inform us of any change thereto. To update your contact information please contact us at contact@credcompare.com.

Subject to applicable law, CredCompare may refuse to allow the Clinic to access the Platform and/or Services and search for a Loan thereon on your behalf, at its sole discretion.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services, all in accordance with applicable law.

Loan Application

In order to search for a Loan through the Platform and/or Services, you must submit an application through the Platform containing certain information, including personal and protected health information, such as your name, the name of any Third-Party Patient, your date of birth, phone number, email address, social security number, income, mailing address, housing status, the cost of the applicable treatment and desired terms for the requested Loan (respectively "Application Information" and "Application"). We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with improved Services.

CredCompare is a platform that assists patients of Clinics locating Loans offered by Lenders for payment of any treatment received from Clinic/s. CredCompare is not a lender or creditor and does not provide lending services. CredCompare does not make any loans or credit decisions and is not your or the Lender's agent. All credit decisions and loan determinations are made solely by the applicable Lender in its sole discretion and subject to its own terms and conditions. Any Application or Loan request you submit through the Platform and/or Services is not an application for credit and merely serves as request to receive conditional loan offers from Lenders. Receipt of any Loan, credit or other products or services of Lenders is subject to the terms and conditions of the applicable Lender ("Lender Terms"), as determined in such Lender's sole discretion.

The Lenders currently participating in the Platform, as well as their applicable Lender Terms:

• Allegro Credit ("Allegro"): Allegro's Terms of Use and Privacy Policy are available at https://allegrocredit.com/legal/terms-of-use/ and https://allegrocredit.com/legal/privacy-policy/

• Splitit USA Inc. ("Splitit"): Splitit's Terms and Conditions and Privacy Policy are available at https://www.splitit.com/legals/splitit-shopper-terms-conditions/united-states/ and https://www.splitit.com/legals/splitit-privacy-cookies-policy/english/

The Lenders and related Lender Terms specified above are provided herein solely for your convenience. CredCompare makes no representation of any kind, whether express or implied, with respect to the accuracy, validity or quality of the Lender Terms. Nothing in these Terms shall be construed as an undertaking, or as obligating CredCompare in any manner whatsoever, to notify or advise you of any changes to the Lender Terms or to the Lenders participating in the Platform and/or Services.

CredCompare does not endorse or recommend the Loans, products or services of any Lender, including any applicable Lender Terms in connection therewith. You must exercise your own judgement in deciding whether to accept any Loan, products or services of any Lender offered to you in connection with the Platform and/or Services. The applicable Lender is solely responsible for all Loans or other services it provides to you. You hereby acknowledge and agree that CredCompare shall not be liable to you or any third-party for any damages arising out of or in connection with your use and/or receipt of any loan, credit, products or services provided by any Lender. We do not guarantee that you will qualify for any Loans or other product offered by any Lender in connection with your use of the Platform and/or Services. Nothing in these Terms or on the Platform and/or Services should be construed as a guarantee of any Loan, credit or any Lender Terms or other specific terms or conditions thereof.

Intellectual Property

CredCompare or its licensors, as the case may be, have all right, title and interest in the Platform, Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Platform or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform and/or Services, if any. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of CredCompare or any third party. If you provide CredCompare with any feedback regarding any content on the Platform and/or Services, CredCompare may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

You have all right, title and interest in the Application Information you submit. By submitting any Application Information, you grant CredCompare and its successors and assignees a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, and display such Application Information for the purposes of provision of the Platform and Services, including transmitting such information to Lenders offering Loans through the Platform and/or Services.

Disclaimers and Disclaimer of Warranty

All information and content posted on the Platform and/or Services is for informational purposes only and CredCompare provides no guarantees with respect thereto. Your use of the Platform and/or Services is at your sole discretion and risk. The Platform, Services, content thereon, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services or any Loans or other services offered by Lenders will be of good quality or useful for your needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES, ANY CONTENT THEREON, OR ANY LOAN OR MEDICAL TREATMENT OBTAINED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE PLATFORM AND/OR SERVICES; (II) THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM AND/OR SERVICES.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Platform, Services or any content thereon. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer online systems or equipment, servers or providers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death and any injury or damage to any person's mobile device or computer, resulting from use of the Platform, Services, or any content thereon. In addition, we assume no responsibility for any incorrect data, provided by you or on your behalf, including, without limitation, any Application Information, and you hereby represent and warrant that you are solely responsible for any and all data provided to CredCompare, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

IN NO EVENT SHALL CREDCOMPARE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CREDCOMPARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT WE HAVE RECEIVED IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.

Indemnification

You agree to indemnify, defend, and hold harmless CredCompare and its respective employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone on your behalf; (b) any claim, loss or damage experienced from your, or Clinic's, use or attempted use of (or inability to use) the Platform and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; (e) any claim arising out or in connection with your Application, including any claim from any Clinic and/or Lender; and (f) any other matter for which you are responsible hereunder or under applicable law.

Third-Party Services

The Platform and/or Services may provide you and/or the Clinic with third-party links to websites, applications, and services of third parties, including, without limitation, those of Lenders. We make no promises regarding any content, goods or services provided by such third parties and all use of third-party websites and applications is at your own risk. Additionally, we do not accept responsibility for any payments processed or submitted through third-party websites and services, or for the privacy policies of such third parties. We do not endorse any products and/or services (including Loans and/or credit) offered by third parties (including Lenders) and we urge you to exercise caution in using third-party websites or services.

Miscellaneous

These Terms shall be governed by the laws of the State of Delaware exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in Delaware shall have exclusive jurisdiction to hear any disputes arising hereunder. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against CredCompare must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and CredCompare or enables you to act on behalf of CredCompare. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the contact details you provided upon registration.

Last updated: January 2020.