CredCompare USA Inc. ("CredCompare", "us", "our", or "we") is the creator and owner of a platform that assists customers of participating merchants, such as patients of participating clinics, (collectively, "Merchants") in finding financing solutions, such as loans (collectively, "Financing Solutions") and offers additional benefits for Financing Solutions used in connection with payment for services provided by the applicable Merchant ("Platform"). 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://www.credcompare.com/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 individual or parent or legal guardian thereof, using the Platform or Services, as detailed herein.
Please read these Terms carefully. By clicking on the button marked "I agree" you signify your assent to these Terms. Changes may be made to these Terms from time to time. If you do not agree to any of these Terms, please do not click the button marked "I agree" and do not use the Platform and/or Services.
1.1 Subject to these Terms, CredCompare allows you to access and use the Platform and Services, on a non-exclusive basis, in order to request Financing Solutions from participating financial institutions ("Financing Institutions") in connection with services (such as medical treatments) provided to you or a Third-Party (as defined below). 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.
1.2 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 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 individual receiving treatment or services from the Merchant in respect of which you are submitting an Application (as defined below) ("Third-Party"), you have the legal right and ability in accordance with applicable law, to (i) request the treatment or services on behalf of or for such Third-Party, and (ii) provide all Application Information relating to such Third-Party 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 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; and you shall comply with applicable laws, regulations, guidelines, and these Terms throughout your use of the Platform and/or Services.
1.3 By submitting an Application (as defined below), you thereby (i) authorize and direct CredCompare to disclose to the Financing Institutions certain information including Application Information; (ii) authorize and direct any Financing Institution to disclose to CredCompare certain information in respect of your Application, (iii) authorize and direct CredCompare to disclose to the applicable Merchant certain information about you, the status of the Applications you have submitted and Financing Solutions you have received and (iii) authorize and provide written instructions under the Fair Credit Reporting Act to CredCompare and to any Financing Institutions to obtain your credit report and other credit information about you from consumer reporting agencies.
1.4 You hereby consent to receive notices, disclosures and other communications from us in an electric form in accordance with applicable law and as more fully described in the Consent for Electronic Signatures available at [CC: Please include a link to the e-consent]. As described therein, 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 email@example.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 firstname.lastname@example.org.
1.5 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.
2.1 In order to search for a Financing Solution through the Platform, the Merchant will provide you with a dedicated link or may allow you to access the Platform through its computers. You will then be required to submit an application through the Platform containing certain information, including personal and, in some cases, protected health information, such as your name, the name of any Third-Party (if applicable), your date of birth, phone number, email address, social security number, income, mailing address, housing status, the cost of the treatment (if applicable) or service and desired terms for the requested Financing Solution (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. The dedicated link provided by the Merchant will expire after 30 days.
2.2 We will send you an SMS to verify your identity. Following your initial use of the Platform, the Merchant may take further actions on the Platform on your behalf and as directed by you. You will be fully responsible for any actions taken by the Merchant on your behalf.
3.1 CredCompare is a platform that assists patients or customers of Merchants locating Financing Solutions offered by Financing Institutions, including for payment of any treatment or services received from participating Merchant/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 yours or the Financing Institution's agent. All credit decisions and loan determinations are made solely by the applicable Financing Institution at its sole discretion and subject to its own terms and conditions. Any Application or Financing Solution request you submit through the Platform and/or Services is not an application for credit and merely serves as request to receive conditional offers for Financing Solutions from Financing Institutions. Receipt of any Financing Solutions, including any loan, credit or other products or services of Financing Institutions is subject to the terms and conditions of the applicable Financing Institution ("Financing Institution Terms"), as determined in such Financing Institution's sole discretion.
3.2 You will be required to accept the applicable Financing Institution Terms for each Financing Institution to which you submit an Application in accordance with the requirements of each Financing Institution.
3.3 CredCompare makes no representation of any kind, whether express or implied, with respect to the accuracy, validity or quality of the Financing Institution Terms. Similarly, no guarantee is provided with respect to rates, or fees listed on the Platform and these may be subject to change at each Financing Institution's discretion. 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 Financing Institution Terms or to the Financing Institutions participating in the Platform and/or Services.
3.4 Further, we do not represent that the rates listed on the Platform reflect the lowest rates available in the market or all potential financial services providers with whom you may engage.
3.5 CredCompare does not endorse or recommend the Financing Solutions, products or services of any Financing Institution, including any applicable Financing Institution Terms in connection therewith. You must exercise your own judgement in deciding whether to accept any Financing Solution, products or services of any Financing Institution offered to you in connection with the Platform and/or Services. The applicable Financing Institution is solely responsible for all Financing Solutions 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 Financing Institution provided in connection with the Platform. We do not guarantee that you will qualify for any Financing Solutions or other product offered by any Financing Institution 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 Financing Solution, credit, or any Financing Institution Terms or other specific terms or conditions thereof.
3.6 You are solely responsible for any financial decisions you make and it is therefore your responsible to review the information provided, together with a qualified financial advisor if needed, prior to making any financial decisions.
4.1 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.
4.2 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 Financing Institutions offering Financing Solutions through the Platform and/or Services.
5.1 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 Financing Solutions or other services offered by Financing Institutions will be of good quality or useful for your needs.
5.2 WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PLATFORM AND/OR SERVICES, ANY CONTENT THEREON, OR ANY FINANCING SOLUTION OR SERVICE (INCLUDING ANY 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.
5.3 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.
6.1 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.
6.2 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.
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, 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 Merchant and/or Financing Institution; and (f) any other matter for which you are responsible hereunder or under applicable law.
The Platform and/or Services may provide you with third-party links to websites, applications, and services of third parties, including, without limitation, those of Financing Institutions. 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 Financing Solutions, credit) offered by third parties (including Financing Institutions) and we urge you to exercise caution in using third-party websites or services.
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.