PatientFi’s Services may be used to apply for, service, or obtain information about closed-end installment loan products or open-end revolving loan products offered by a Funding Partner. Loans may be offered by a Funding Partner through our technology platform or by us directly through our technology platform or through a third-party website. Loan term options may vary based on purchase price and merchant and may not be available in all states. PatientFi’s Services allow you to buy goods or services offered by merchants (“Merchants”) for personal use.
Your Account; Security: We will require that you create and maintain an account with us, before you will be allowed to access certain parts of the Website and use certain Services. When you create an account, you will be required to select a username and password. You may not disclose the username or password to any third party. If you learn of any unauthorized use of your username, password or account, please contact us immediately.
You agree: (i) to maintain the security of your username and password; (ii) to maintain and promptly update any information you provide to us in connection with your account and to keep it accurate, current, and complete; and (iii) to be fully responsible for all use of your account and for any actions that take place using your account.
Mobile Participants: You understand and agree that various entities, unaffiliated with us, make up the “mobile ecosystem” that allows you to access, visit, and/or use the Services through your computer or mobile device, including but not limited to the equipment, hardware and software manufacturers and providers, the telephone, mobile, wireless, and Internet network providers and carriers, and the sellers or providers of content for use with the Services (collectively, the “Mobile Participants”). We do not represent, warrant, or guarantee that all of the Services can be accessed by all computers or mobile devices, or that all Services can be accessed through all carriers and service plans, or that all Services are available in all geographic locations.
Consent to Electronic Signatures: You agree that by using our Website or Services, you agree to the terms and conditions of our Electronic Signature Consent Agreement. Your affirmative actions when using this Website and our Services, such as clicking “I Accept,” “Submit” and the like and uploading of data to us, signify that you agree to adopt and execute the action or electronic record with the intention to be legally bound. Such affirmative actions will have the same legal force, effect, validity and enforceability as if you affixed a written signature to the electronic record, and such electronic signature and electronic record shall be deemed to satisfy the writing and delivery requirements of any applicable law.
Communications Consent: To the extent required by applicable state or federal law, we will provide you with the appropriate disclosures and obtain your consent when collecting your contact information. You agree that PatientFi may provide you communications about your account electronically or through phone calls or in writing to any contact information we have on file for you. Standard mobile, message, or data rates may apply. Any electronic communications will be considered received by you at the time we email it to you or otherwise send it to your attention (such as via text message or other online or mobile notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or email including, but not limited to: 1) a mobile phone or landline you provide to us, use to contact us, or at which we believe we can reach you; 2) any email address you provide to us, one of our Funding Partners, service providers, or one of our Merchants. You specifically authorize PatientFi to send communications using an automatic telephone dialing system or an artificial or prerecorded voice system. By providing consent to receive telemarketing communications, you have also provided authorization to be contacted by us in any manner for the specific telephone number that you provided. You understand and agree that PatientFi may monitor or record telephone conversations you have with PatientFi or its agents for quality control and training purposes or for its own protection.
Acceptable Use: You accept sole responsibility for all of your activities using the Website and Services. You may not use the Website in a manner that:
- Uses technology or other means not authorized by us to access the Website information or our Services and systems;
- Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (i) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Website information or our Services and systems, (ii) reproduce or circumvent the navigational structure or presentation of the Website, or (iii) otherwise harvest or collect information about users of the Website;
- Reverse engineers, decompiles or disassembles any portion of the Website, except where such restriction is expressly permitted by applicable law;
- Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any software, hardware, or telecommunications equipment;
- Attempts to gain unauthorized access to our computer networks or user accounts;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- Harasses, abuses, threatens, defames, or otherwise infringes or violates the rights of use or any other party (including rights of publicity or other proprietary rights);
- Is unlawful, fraudulent, or deceptive;
- Attempts to damage, disable, overburden, or impair our services or networks;
- Fails to comply with applicable third-party terms; or
Trademarks: Nothing on this Website should be construed as granting you or any User a license or right to use any trademark, whether owned by PatientFi or a third party, displayed on the Website, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any trademark contained on the Website without the prior express written consent of the Trademark owner.
Copyright Complaints: If you believe any material on the Website infringes on any copyright you own or control, you may send a written notification to us by email addressed to [insert email address] or by U.S. Mail addressed to [insert mailing address]. In your notification, please: (1) confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed; (2) identify the copyrighted work or works you claim have been infringed; (3) identify the material you claim is infringing, or is the subject of infringing activity, and that is to be removed (including enough information to allow us to locate the material); (4) provide your contact details, including an email address; and (5) include your statement that the information you provided is accurate and you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Links to Third-Party: Our Website may link to third party services or apps that we don’t control, including social medial sites (collectively “Third Party Sites”). You should be aware that the privacy practices and security of the Third Party Sites may be different from our privacy practices and provide less security than this Website. The choice to access a Third Party Site is yours, in your sole discretion.
Disclaimer of Warranties: PATIENTFI PROVIDES THE WEBSITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, PATIENTFI MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR WEBSITE CONTENT.
Limitation of Liabilities: IN NO EVENT WILL PATIENFI OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF PATIENFI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, PATIENTFI’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION, REGARDLESS OF FORM, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU HAVE PAID TO PATIENTFI, IF ANY, AND IN NO CASE SHALL PATIENTFI’S LIABILITY TO YOU EXCEED ONE THOUSAND DOLLARS ($1,000.00).
Termination: Subject to applicable law and the terms of any Services, we reserve the right, in our reasonable discretion, to terminate your license, your use of the Website, your user account or any Service provided to you, and to assert our legal rights with respect to content or use of the Website that we reasonably believe is, or might be, in violation of these terms or the terms of any Service.
Governing Law: The terms of this Contract shall be governed by California law and by federal law without regard of applicable choice of law principles.
Last Updated: 12/27/21
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