Patient Terms and Conditions
READ THESE TERMS AND CONDITIONS CAREFULLY.
This Patient Terms and Conditions Agreement (the “Patient Terms”) govern your use of this Site (defined below) to, among other things, apply for extensions of credit to cover your medical expenses. The HFA Privacy Notice describes our practices for information collected about you when you visit the Site.
The Patient Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
HFA (defined below) offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices contained within the Patient Terms. Any new pages, features, or tools that are added to the Site shall also be subject to the Patient Terms. You can review the most current version of the Patient Terms at any time on this page.
By using the Site, you agree to the Patient Terms as well as the HFA Privacy Notice.
By using the Site, you represent that you are of legal age to assent to the Patient Terms, and you agree to be bound by the Patient Terms. Additionally, by using the Site, you represent that all information provided to HFA through the Site is true and accurate, and you understand that HFA is relying on the accuracy of such information. Finally, by using the Site, you confirm that, should you receive an extension of credit, you have the intention to repay it when it is due.
NOTE: THE PATIENT TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS – SEE BELOW.
“We,” “us,” “our,” or “HFA,” as used on this Site, mean Healthcare Financing of America, LLC, and its affiliates, agents, and assigns.
“You” or “your” mean you as an individual and, if you are an employee or representative of another person or entity, such person or entity.
“Site” means all websites, including www.hfloan.com, as well as interactive features, widgets, plug-ins, applications, content, downloads, mobile applications, and other electronic services maintained by HFA.
HFA will never charge you a fee for any of its services. The creditor, however, may charge you fees related to the extension of credit that you receive. Additionally, you may be assessed other fees by your bank, credit union, credit card issuer, or other financial institution, related to your payment of the extension of credit.
You acknowledge that HFA may serve as the loan servicer on behalf of your creditor and/or its successors or assigns. This means that HFA will administer your extension of credit and may collect payments from you, on behalf of your creditor and/or its successors or assigns.
Disclaimer of Warranties
You expressly agree that use of the Site, including browsing, downloading, and otherwise obtaining content from the Site, is at your sole risk. The Site and its content are provided on an “as is” and “as available” basis and “with all faults.” We do not guarantee, represent, or warrant that your use of this Site will be uninterrupted, timely, secure, or error-free. You agree that, from time to time, we may take down the Site for indefinite periods of time as necessary or restrict access to the Site at any time, for any reason, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.
ALL INFORMATION OFFERED ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO CASE SHALL HFA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INTERNS, CONTRACTORS, THIRD-PARTY VENDORS, SUPPLIERS, SERVICES PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER THIRD PARTY ON YOUR BEHALF FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY ARISING OUT OF YOUR USE OR ANY THIRD PARTY ON YOUR BEHALF’S USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE BY THE SITE, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Accuracy, Completeness, and Timeliness of Information
The information on the Site may contain inadvertent or unintentional errors or inaccuracies and may not be complete or current. We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
The terms of any promissory note(s), credit agreement(s), or other agreement(s) between: (a) you, and (b) HFA or any other creditor, control, to the exclusion of information on the Site, in the event of any discrepancy between the two.
Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Void Where Prohibited
We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product, or service of the Site to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited.
Intellectual Property Rights
Unless otherwise noted, all content on the Site is subject to intellectual property rights, including copyrights and trademarks, held or licensed by HFA and its affiliates. Subject to the Patient Terms, HFA grants you a non-exclusive, non-transferable, limited right to access, use, and view this Site and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the “Website Content”), solely for your own personal use; provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify, or attempt to modify or create derivative works from, the Website Content in any way, or reproduce or publicly display, perform, transmit, distribute, or otherwise use the Website Content for any public or commercial purpose, including, without limitation, use of the Website Content on any other website or in any environment of networked computers, or transfer the Website Content to any other person without the prior written explicit consent of HFA. Except as expressly provided herein, no license to use or reproduce the Website Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Website Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from HFA is prohibited.
Suspected Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to us pursuant to the requirements below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We may terminate the Patient Terms and your access to the Site at any time if we determine that any of your representations to HFA, in the Patient Terms or otherwise, were false, misleading, or deceptive, or if HFA determines that you omitted material facts from HFA.
You may not use the Site in any way that violates applicable state, federal, or international laws or regulations including, without limitation, the CAN-SPAM Act of 2003, or other government requirements.
The Patient Terms apply in conjunction with, and do not supersede, any promissory note(s), loan agreement(s), or other agreement(s) between: (a) you; and (b) HFA or any other creditor.
Amendments, Updates, and Revisions
The Patient Terms are subject to change by us without written notice at any time in our sole discretion. Any changes to the Patient Terms will be in effect as of the “Last Updated Date” referenced on the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
If any part of the Patient Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
We will not be deemed to have waived any of our rights by delaying the enforcement of any of our rights, whether those rights be in the Patient Terms or in any other agreement with you. If we waive any of our rights in writing on one occasion, that waiver does not constitute a waiver by us of our rights on any future occasion.
Disputes Relating to HFA
If you have any complaint or dispute relating to or arising out of your experience with HFA or use of this Site, you should contact us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, Attention: Disputes, or by calling 1-888-889-7033. You may also email us at firstname.lastname@example.org. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
Disputes Relating to Healthcare Services
Any dispute relating to the underlying healthcare services for which HFA facilitates any extension of credit is obtained must be managed directly by you with your medical provider, and you will continue to make all payments when due.
Disputes Relating to Inaccurate Information
If you believe that we have information about you that is inaccurate or that we have reported or may report inaccurate information about you to a credit bureau, please notify us of the specific information that you believe is inaccurate by writing to us at 1000 Corporate Centre Drive, Suite 100, Franklin, TN 37067, Attention: Disputes. In doing so, please identify the inaccurate information and tell us why you believe it is incorrect. If you have a copy of the credit report that includes the inaccurate information, please send a copy of that report to us as well.
ARBITRATION AND JURY TRIAL WAIVER
NOTE: If you are a Covered Borrower under the Military Lending Act Regulations, you are not required to submit to arbitration in the case of a dispute. If you were a Covered Borrower under the Military Lending Act Regulations with regard to any prior agreement, this arbitration clause does not cover any claims related to that prior agreement.
You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this the Patient Terms or your relationship with HFA (individually and collectively, a “Claim”). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply:
- NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES.
- Arbitration only will decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR AS A PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
- The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed.
- Other rights that you would have if you went to court might also not be available in arbitration.
If arbitration is elected, any claim will be resolved pursuant to this provision and the American Arbitration Association (“AAA”) rules and procedures (“Rules”) in effect at the time the claim is filed. If for any reason the AAA is unable or unwilling or ceases to serve as arbitration administrator, another nationally recognized arbitration organization utilizing similar rules and procedures will be substituted by us. If the AAA is selected, the arbitration will be handled according to its Consumer Arbitration Rules.
This provision is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U. S. C. §§ 1 et seq., as amended (“FAA”). The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA and except that, if the amount in controversy exceeds $100,000, any party can appeal the award to a three-arbitrator panel administered by the AAA, which will reconsider de novo any aspect of the initial award requested by the appealing party. The decision of the panel will be by majority vote. The costs of such an appeal will be borne by the appealing party regardless of the outcome of the appeal.
You may obtain rules and forms for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org.
Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request, we will temporarily advance your filing and hearing fees for any Claim you may file against us. At the conclusion of the arbitration, the arbitrator will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration. Unless inconsistent with applicable law, each party will bear the expense of that party’s attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration. We will also pay any fees or expenses that applicable law requires us to pay.
This provision will survive termination of your relationship with HFA, as well as the repayment of all outstanding amounts incurred in connection with any extension of credit you receive. If any portion of this provision is deemed invalid or unenforceable under any law or statute consistent with the FAA, it will not invalidate the remaining portions of this arbitration provision or the Patient Terms. In the event of a conflict or inconsistency between the AAA Rules and this arbitration provision, this provision will govern.
Choice of Law
All matters relating to the Site and the Patient Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Tennessee, without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee, and you hereby consent to the exclusive jurisdiction and venue of courts in the state of Tennessee in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Patient Terms, including, without limitation, this section.
For California Residents: This agreement is made pursuant to a California Finance Lenders Law license, # 60DBO-109407. FOR INFORMATION CONTACT THE DEPARTMENT OF BUSINESS OVERSIGHT, STATE OF CALIFORNIA. As required by California law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations. A married applicant may apply for a separate account. If Originator takes any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis.
For Maryland Residents: This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For North Dakota Residents: NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER’S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
For Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit-worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with the law.
For South Dakota customers: If there are any improprieties in the making of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1601 N. Harrison Ave, Suite 1, Pierre, South Dakota 57501; (605) 773-3421.
Last Updated Date: December 14, 2022