Terms and Conditions

TERMS AND CONDITIONS

Our Service(s)

We offer financial products and services to healthcare practices and community. We are on a mission to offer, in collaboration with our Contracted affiliate Institutions, a fully integrated suite of financial products and services that make starting and running a healthcare practice that much more efficient and cost effective

Use of Site and Services

Subject to your compliance with this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Site or Services for your legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of ours. As a user of the Site or a user registered to use any of the Services (a “Registered User”), you agree to the following:

  1. Account Use. You do not need to register with us to visit and view the website; however, to make use of certain of our Services, you must register for an account. Your account is to be used only for your business needs. You are solely responsible for the confidentiality of your password, as well as for any use of the Site or Services made using your password. You agree to monitor your account and accept full responsibility for any unauthorized use of your account. You agree to (i) notify us immediately of any unauthorized use of your password or any other breach of security and (ii) exit from your account at the end of each session. You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your username and passwords. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to our benefit.
  2. Business Purpose. You will only use the Site or Services for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
  3. Age. You must be eighteen (18) years of age or older and capable of entering into legally binding contracts under applicable law to use the Site or Services.

Your failure to comply with the provisions of this Section may result in the termination of your access to the Services and may expose you to civil and/or criminal liability.

ProMed Financial reserves the right to take any action it deems necessary to protect the personal safety of users of the Services and the public; however, we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Proprietary Rights

Ownership of Proprietary Information. You hereby acknowledge and agree that ProMed Financial and or its licensors is the owner of all rights in and to the Site and Services, including all information, software, text, displays, images, audio, design, selection and arrangement thereof (“Content”). These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, modify, reproduce, distribute or create derivative works, republish, publicly display or perform, store, transmit, reverse-engineer or reverse-compile any of the Site or Services or technology except to: (i) store copies of such materials temporarily in RAM, (ii) store files that are automatically cached by your web browser for display enhancement purposes, and (iii) print a reasonable number of pages of the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to the Site, Services, or any Content are transferred to you, but remain with ProMed Financial or the applicable owner of such content. Except as expressly authorized by ProMed Financial in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Services, (ii) access to the Services, or (iii) use of the Services or Content.

By working with us Applicant warrants all credit and financial information submitted to ProMed Financial and or ProMed Financial and/or its assignee’s to be true and accurate. 

You hereby authorize ProMed Financial and or its affiliates to obtain all necessary information from credit reporting agencies and or 3rd parties as is necessary in determining an extension of credit as described herein. Information exchanged via telephone, mail, internet, or facsimile that is required for the purposes of making a credit decision is hereby deemed appropriate and or true to the best of Applicants knowledge. By the signing of an Application and or Credit Authorization, Applicant specifically authorizes ProMed Financial and/or its assigns to obtain personal credit bureau reports for the mailing, extension, or renewal of this decision or collection of information for the resulting account.

This is a legal agreement (“Agreement”) between you and ProMed Financial, a California Corporation, all rights reserved.  By accessing this website, currently located at www.promed-financial.com (the “Site”) and using any of the Services (as defined below) accessible through the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. 

This Agreement is subject to change by ProMed Financial in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.

Defined Terms

As used in this Agreement, the following words shall have the following meanings. ProMed Financial or ProMed Financial includes “we,” “us” and variations such as “our” or “our company”. “Service” includes the products, services, and software that you order, receive or access as part of the “our” service(s).

Privacy Policy

Our Privacy Policy outlines the collection and possible use of personal information you provide. Our Privacy Policy can be viewed on our website here.

Third-Party Content. Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE OR SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ProMed Financial. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES OR TRANSMITTED TO OR BY ANY USERS.

Limitation of Liability

  1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL ProMed Financial BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE, CONTENT, OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES OR CONTENT, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL PROMED FINANCIAL’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, CONTENT, OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID PROMED FINANCIAL FOR THE USE OF ANY SERVICES, THE AMOUNT OF US $25.00 OR ITS EQUIVALENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE PROMED FINANCIAL VISITOR OFFERINGS AND/OR ANY OTHER PROMED FINANCIAL PRODUCTS AND/OR THE SITE, CONTENT, OR SERVICES MAY BE BROUGHT BY YOU OR PROMED FINANCIAL MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION.
  2. No Liability for ProMed Financial TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CONTENT, OR SERVICES.
  3. Information Verification. ProMed Financial and or its contractors or affiliates may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that we and our affiliates, contractors will have no liability to you arising from any incorrectly verified information.
  4. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site, Content, or Services (including any interactions with, or act or omission of third-party sites).

If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

In addition, you acknowledge that:

Waiver of Jury Trial and Class Actions

BY ENTERING INTO THIS AGREEMENT, YOU and ProMed Financial ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.

Indemnification

You agree to indemnify, defend and hold harmless our company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your use of or inability to use the Site or Services, (ii) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (iii) your violation of any applicable laws, rules or regulations. PROMED FINANCIAL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PROMED FINANCIAL in asserting any available defenses.

Consent to Electronic Communications

We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls, please refer to our Privacy Policy to review your options.

Because We operates on the Internet, it is necessary for you to consent to transact business with us electronically. We also need you to consent to us giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Agreement, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site and Services, including any loans you may request or receive, your registration as a borrower, your use of the Services, and the servicing of your loan, if funded, (each, a “Disclosure”), from us or our bank partners.

  1. Opt-Out: You can revoke your consent by contacting us via Text at (714) 844-8853 and leaving a full name and a wording of ‘Opt OUT’ or by calling us at 888-277-6633. You may also reach us by writing to us at the following address: ProMed Financial 711 W. 17th St J5, Costa Mesa CA 92627
  2. Call Recording and Monitoring: You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.
  3. Scope of Consent: Your consent to receive Disclosures and transact business electronically, and our agreement to do so applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a Registered User and, if you are no longer a Registered User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a Registered User have been made.
  4. Term and Termination

This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or ‘we’ may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Termination of your access to the Our Services will not excuse you from any criminal or other civil liability that may result from your actions. You may terminate your account by following the steps in the applicable section under “Cancellations” below.

Survival

The provisions of the Agreement entitled “Disclaimer of Warranty,” “Indemnification,” “Limitation of Liability,” “Release,” “Waiver of Jury Trial and Class Actions,” “General Provisions,” and any of the licenses granted by you to us in Agreement will survive the termination of this Agreement.

Cancellations

You may cancel your profile at any time by emailing us at info@promed-financial.com by calling us at (888) 277-6633.

  1. General Provisions
  2. Controlling Law and Jurisdiction; Injunctive Relief. You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the District of Delaware. You acknowledge and agree that any violation of this Agreement may cause PROMED FINANCIAL irreparable harm, and therefore agree that PROMED FINANCIAL will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that PROMED FINANCIAL may have for a breach of this Agreement.
  3. Miscellaneous. This Agreement, which you accept upon registration for the Services, the Privacy Policy located on the Site, and any applicable payment, renewal, or additional Services terms, comprise the entire agreement between you and Loan regarding the use of this Service, superseding any prior agreements between you and PROMED FINANCIAL related to your use of this Site or Services (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Agreement will survive termination of your registration to the Service. The failure of PROMED FINANCIAL to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. The user’s access to and use of the Website, and the terms of this disclaimer are governed by the laws of the State of Delaware. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

Securities Statements. WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor.