TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This web site (the “Site”) is provided by Hearvest LLC dba SunHealth Loans (“SunHealth Loans”) which, in conjunction with third-party lenders, has established a consumer healthcare finance program (the “Program”) for current and prospective clients and applicants of health care professionals. Under the Program, clients may finance the purchase of goods and services provided by healthcare professionals who have applied to SunHealth Loans and been approved for participation in the Program.

The Site may only be used for purposes of the Program.

By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from the Site.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with SunHealth Loans.

Restrictions on Use

In order to use the Site, you must be at least 18 years old, and a resident of the United States. If you do not satisfy the above restrictions on use, please do not use the Site or download materials from the Site.

Limited License

Subject to the terms and conditions set forth in these Terms of Use, SunHealth Loans grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon. SunHealth Loans authorizes you to view and download the information (“Materials”) at the Site only for your use in connection with the Program. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

  • you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;

  • you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and

  • you must not transfer the Materials to any other person.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SunHealth Loans does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

User Conduct

In using the Site, you agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, servers or networks connected to or accessible through the Site or affiliated or linked web sites;

  • not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;

  • not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

  • not to use or attempt to use or access another person’s personal information, or create or use a false identity on the Site;

  • not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and

  • not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted by you, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.

Access To Your Bank Account

When you apply for a loan using the Site (the “Loan”), you warrant that the sole purpose of the Loan for which you are applying is to finance the purchase of goods and/or services provided by a healthcare professional approved by SunHealth Loans for participation in the Program. If you are approved for the Loan, on or around the deposit of the funds by the lender into your bank account, SunHealth Loans will withdraw an amount equal to the deposited proceeds (the “Loaned Funds”) directly from your account and transmit the funds to the healthcare professional (less a service fee charged to such professional). By applying for the Loan, you authorize SunHealth Loans to initiate a debit entry to your account for the Loaned Funds. You agree to maintain a balance in your account sufficient for SunHealth Loans to withdraw the Loaned Funds. In the event that SunHealth Loans is unable to withdraw the Loaned Funds from your account due to an insufficient balance, you will not be able to purchase the goods and services from the healthcare provider, but you will still be responsible for the Loan pursuant to its terms. You further agree that, in such event, you will reimburse SunHealth Loans for any fees imposed on it by your bank.

By using the Site to apply for a loan (the “Loan”), you expressly authorize SunHealth Loans, on your behalf as your agent, to access your account information maintained by your bank. SunHealth Loans will submit such information, including the username and password you provide, to log you into your bank account. You hereby authorize and permit SunHealth Loans to use and store such information (i.e., your bank account username and password) for the purposes set forth in these Terms of Use. Solely for such purposes, you grant SunHealth Loans a limited power of attorney and appoint SunHealth Loans as your attorney-in-fact and agent, with full power and authority to access your account and perform each thing necessary in connection with these Terms of Use, as you could do in person. YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN SUNHEALTH LOANS IS ACCESSING AND RETRIEVING YOUR BANK ACCOUNT INFORMATION, SUNHEALTH LOANS IS ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF THE BANK.

You represent and warrant that you have the right to authorize us to periodically access your account to determine when the Loaned Funds have been deposited therein and upon such deposit, to withdraw the Loaned Funds and transmit them to the healthcare provider. You will indemnify and hold SunHealth Loans harmless from any claims by any other owner of the account. SunHealth Loans is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that you incur in connection with the withdrawal of the Loaned Funds from your account.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SUNHEALTH LOANS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SUNHEALTH LOANS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SUNHEALTH LOANS MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

SUNHEALTH LOANS DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SUNHEALTH LOANS ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NON-DELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF SUNHEALTH LOANS, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third-Party Sites

As a convenience to you, SunHealth Loans may provide, on the Site, links to web sites operated by lenders and/or other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SunHealth Loans makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SunHealth Loans or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SunHealth Loans or any of its affiliates or subsidiaries.

Information Provided By You

SunHealth Loans does not want you to, and you should not, send any confidential or proprietary information to SunHealth Loans via the Site, except for certain information requested in our online application form or in connection with customer service. You agree that, except as provided in SunHealth Loans’ Internet Privacy Policy, any information or materials that you or individuals acting on your behalf provide to SunHealth Loans will not be considered confidential or proprietary. By providing any such information or materials to SunHealth Loans, you grant to SunHealth Loans an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, except as limited by SunHealth Loans’ Internet Privacy Policy, and you further agree that SunHealth Loans is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SunHealth Loans. You further recognize that SunHealth Loans does not want you to, and you warrant that you shall not, provide any information or materials to SunHealth Loans that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Limitations of Damages/Waiver

IN NO EVENT SHALL SUNHEALTH LOANS OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF SUNHEALTH LOANS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You release, discharge and hold harmless SunHealth Loans and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by SunHealth Loans. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.

Telephone and Communication Charges and Equipment

You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and SunHealth Loans will not be responsible for any communications line failure, equipment or systems failure or other such occurrence.

Changes

SunHealth Loans reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

SunHealth Loans may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. SunHealth Loans may remove, modify or otherwise change any content, including that of third parties, on or from the Site. SunHealth Loans also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. SunHealth Loans may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. SunHealth Loans may terminate your use of the Site at any time in its sole discretion.

International Use and Choice of Law

The Site is controlled, operated and administered by SunHealth Loans from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. These Terms of Use shall be governed by the laws of the State of New York, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York.

These Terms of Use constitutes the entire agreement between SunHealth Loans and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder these Terms of Use shall continue in full force and effect.

Privacy Policy

SunHealth Loans has a Privacy Policy that describes the types of information that it collects when you visit the Site and how it uses that information.

Copyright Notice

Except as otherwise noted on this web site, the contents of this web site are copyrighted by SunHealth Loans. All rights are reserved. No part of the materials on this web site, including web site text, graphics and html code, may be reproduced or transmitted in any form by any means without the express written consent of SunHealth Loans.