BridgeCare Terms of Use

Last Updated: July 28, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITE.

These Site Terms of Use (“Terms”) apply to your access to, and use of, any website, including BridgeCareFinance.com, or any other online or mobile application (collectively, the “Site”) of BridgeCare Finance, Inc. (“BridgeCare,” “we,” “us,” or “our” ). These Terms do not alter in any way the terms or conditions of any other agreement you may have with BridgeCare for financial products and services or otherwise. If there is a conflict between these Terms and any other agreement you may have with BridgeCare, then the terms of the other agreement will control. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to BridgeCare if you violate these Terms.

By accessing, browsing or using the Site, you acknowledge that you have read, understood and agree to be bound by the Terms and to comply with all applicable laws and regulations. The Terms form an essential basis of the bargain between you and we. As noted below (in “Amendments”), we reserve the right to amend the Terms at any time and will notify you of any changes by posting the revised Terms on the Site with a revised “LAST UPDATED” date. You should check these Terms and the site periodically for changes.

  • Eligibility
  • Privacy Policies
  • Your Customer Account
  • Copyright and Limited License
  • Trademarks
  • User Content and Conduct
  • Submissions
  • Repeat Infringer Policy
  • Copyright Complaints
  • Users in Other States or Countries
  • Links to the Site and Other Websites
  • Call Recording and Monitoring
  • Disclaimers and Limitation of Liability
  • Indemnification
  • Governing Law; Arbitration
  • Miscellaneous
  • Questions & Contact Information

1. Eligibility

The Site is not targeted towards, nor intended for use by, anyone under the age of 18 or the age of legal majority under applicable law. If you are under such age, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Privacy Policies

Please refer to our Privacy Policies for information about how BridgeCare collects, uses and discloses your information.

3. Your Customer Account

Access to certain services and features of the Site may require you to create and use a customer account. You must: (a) provide accurate, truthful, current and complete information with respect to your customer account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others, restricting access to your account and not authorizing any other person to access or use the Site through your account; (d) promptly notify us if you discover or suspect any unauthorized access to your customer account or any other security breach related to the Site; and (e) take sole responsibility for all authorized and unauthorized activity that takes place with or through your customer account.

4. Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials made available on or through the Site, including, without limitation, the BRIDGECARE Logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “BridgeCare Materials”) are the proprietary property of BridgeCare or our licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Site and the BridgeCare Materials for personal use only; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the BridgeCare Materials, unless authorized by BridgeCare; (b) the distribution, public performance or public display of any BridgeCare Materials; (c) modifying or otherwise making any derivative uses of the Site and the BridgeCare Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the BridgeCare Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the BridgeCare Materials other than for their intended purposes.

Any use of the Site or the BridgeCare Materials other than as specifically authorized herein, without the prior written permission of BridgeCare, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Trademarks

“BRIDGECARE ,” “BRIDGECARE FINANCE,” “BRIDGECAREFINANCE.COM,” and any other BridgeCare product or service names or slogans contained on the Site are registered or common law trademarks of BridgeCare, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BridgeCare or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing “BridgeCare” or any other name, trademark or product or service name of BridgeCare without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BridgeCare and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6. User Content and Conduct

The Site may include interactive areas where you or other users can create, post or store content, messages, materials, data, graphics, information or other items or materials on the Site (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, rule or regulation;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in the sole judgment of BridgeCare, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose BridgeCare or our users to any harm or liability of any type.

If you post User Content to the Site, you grant BridgeCare a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt and publish such User Content. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

You further agree that you are solely responsible for your conduct while using the Site, and you agree that you will not do any of the following in connection with the Site or our users:

  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Impersonate, or otherwise misrepresent your affiliation with, a person or entity;
  • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
  • Send any unsolicited commercial messages;
  • Use the Site for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms; or
  • Circumvent or attempt to circumvent any filtering, security measures or }{}}}}other features.

BridgeCare takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is BridgeCare liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at BridgeCare’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Although BridgeCare has no obligation to screen, edit or monitor User Content, BridgeCare reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

7. Submissions

Any questions, comments, suggestions, materials or other information that you submit about BridgeCare, our financial products and services or our Site (collectively, “Submissions”), are non-confidential and shall become the sole property of BridgeCare. BridgeCare shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, BridgeCare has adopted a policy of terminating, in appropriate circumstances and at BridgeCare's sole discretion, users or account holders who are deemed to be repeat infringers. BridgeCare may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement:
BridgeCare Copyright Agent

Full Address of Designated Agent to Which Notification Should be Sent:
P.O. Box 610926, San Jose, CA 95161-0926

E-Mail Address of Designated Agent:
copyrightagent@Bridgecare.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

10. Users in Other States or Countries

Offers and services advertised on the Site may be void in some states. We maintain this Site from our corporate offices in Seattle, Washington, U.S.A., and make no representation that the Site or the BridgeCare Materials are appropriate or available for use in any other state or country.

11. Links to the Site and Other Websites

You may link to the Site, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You may not establish a link to the Site in a way that suggests any form of association, endorsement or approval on the part of BridgeCare where none exists, or link from any website that you do not own, or frame the Site on another site. We reserve the right to withdraw linking permission at any time in our sole discretion.

The Site may contain links to websites maintained by third parties (“Linked Sites”). We are not responsible for the content or privacy policies of any Linked Sites, and the existence of such links should not be considered an endorsement or recommendation by BridgeCare of those websites, any product or service offered on or through those websites or persons associated with those websites. Your use of any Linked Site, including payment for and the delivery of goods or services from a Linked Site, is based solely on the agreement (if any) between you and the Linked Site provider.

12. Call Recording and Monitoring

You consent to the recording and monitoring, for purposes including but not limited to quality assurance, training, risk management and/or collection purposes, of any call that you place with BridgeCare (or our agents, representatives, third parties, or anyone calling on our behalf) or that BridgeCare (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) places to you.

13. Disclaimers and Limitation of Liability

BRIDGECARE PROVIDES THE SITE ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION BY LAW. YOU ACKNOWLEDGE THAT NEITHER BRIDGECARE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE. BRIDGECARE DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.

EXCEPT WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT BRIDGECARE WILL NOT BE LIABLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BRIDGECARE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE BRIDGECARE MATERIALS OR THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BRIDGECARE ’S RECORDS, PROGRAMS OR SERVICES.

14. Indemnication

You will defend, indemnify and hold harmless BridgeCare, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, costs, liabilities and expenses, including but not limited to attorneys' fees, arising out of your: (a) use of the Site; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.

15. Governing Law; Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH BRIDGECARE AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and BridgeCare agree to submit any controversy, dispute or claim arising out of or relating in any way to these Terms or the Site to final and binding arbitration, except that you and BridgeCare are not required to arbitrate: (i) any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents, and (ii) any claim within the jurisdictional limits of small claims court, provided that you or BridgeCare bring such claim in small claims court. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and BridgeCare agree that any arbitration will occur in Seattle, Washington and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and BridgeCare also agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND BRIDGECARE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. IN NO EVENT WILL THE ARBITRATOR HAVE ANY AUTHORITY TO ARBITRATE CLAIMS ON A CLASS BASIS, AND CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON. IF THIS CLASS WAIVER IS DETERMINED TO BE INVALID OR UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION WILL BE VOID AND OF NO FORCE OR EFFECT TO ANY CLASS ACTIONS.

16. Miscellaneous

  • Amendments. We may amend these Terms by providing you with notice of any such amendments. We will provide you with notice by posting the amended Terms to the Site and by revising the “Last Updated” date at the top of these Terms. In our sole discretion, we may also provide you with more prominent notice of any amendments, such as via the homepage of our Site or via email. If you find any amended Terms unacceptable at any time, you must discontinue your use of the Site. By continuing to access or otherwise use the Site after any amended Terms have been posted to the Site, you agree to be bound by such amended Terms. For the avoidance of doubt, any amendment to these Terms will apply prospectively only.

  • Termination. BridgeCare reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to, and use of, the Site for any or no reason.

  • Assignment and Transfer. We may assign, transfer, or otherwise dispose our rights and obligations under these Terms or any additional terms, in whole or in part, at any time without notice. You may not assign your rights or obligations under these Terms or transfer any rights to use the Site to any third party without the prior written consent of BridgeCare. Also, these Terms are solely for your and our benefit, and not for the benefit of any other person, except for permitted successors.
  • Waiver and Severability. If we fail to assert or waive any term or condition of these Terms on occasion, that action may not be interpreted as a further or continuing waiver of the same term or condition or any other term or condition in the future. Similarly, if any provision of these Terms is held by a court with competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision will be deleted or limited to the minimum extent such that the remaining provisions of the contract will continue in full force and effect.

  • Entire Agreement. These Terms constitute the sole and entire agreement between you and us with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.

17. Questions & Contact Information

Questions or comments about the Site may be directed to: BridgeCare Finance, Inc., P.O. Box 610926, San Jose, CA 95161-0926, or support@bridgecarefinance.com.

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