Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES OF THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS SITE OR ANY PAGES OF THIS SITE.

These terms and conditions of use are an agreement between you and Centaur Health, Inc. ("CHI," “Company,” “we,” or “us”). These terms and conditions of use, together with any documents they expressly incorporate by reference including the Site Privacy Policy and Financial Policy (see Section 6), (collectively, the "Terms of Use") contained in this document shall govern your use of any website or webpage operated by CHI (the "Site"). The Site is the property of CHI and its licensors. These Terms of Use apply to the website located at www.centaurhealth.org and all sites linked thereto by CHI.

CHI OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS OF USE. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (SEE SECTIONS 9 AND 10) AND A DISPUTE RESOLUTION CLAUSE (SEE SECTION 13). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

CHI reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 13 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically so you are aware of any changes, as they are binding on you. As long as you comply with these Terms of Use, CHI grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

By using the Site, you represent and warrant that any transactions you enter into on this site are conducted for non-commercial personal, family, or household purposes and that you are not a business user.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to CHI and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without CHI’s express prior written consent.

You may use information on CHI products and services (such as brochures, fact sheets, marketing, and similar materials) purposely made available by CHI for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial, informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. CHI reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CHI server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of CHI, including any CHI account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CHI’s systems or networks, or any systems or networks connected to the Site or to CHI. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CHI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CHI or others.

Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those penalties provided by the Computer Fraud and Abuse Act (18 U.S.C. §§ 1030 et seq.).

Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify CHI immediately of any unauthorized use of your account or password, or any other breach of security, including suspected or actual account "phishing" incidents. However, you may be held liable for losses incurred by CHI or any other user of or visitor to the Site due to someone else using your username, password, or account. You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password or account. CHI cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

This website privacy policy (“Site Privacy Policy”) describes how CHI collects, uses, and shares personal information of consumer users On the Site, In email, text or other electronic messages between you and the Site, and Through the mobile applications you download from an “app store” compatible with your mobile device, which provide dedicated non-browser-based interaction between you and the Site.

This Site Privacy Policy is in addition to but is different from the Financial Privacy Policy available at www.centaurhealth.org/financial-privacy-policy.

1. Personally-identifiable information that you provide. This Site collects personally- identifiable information from you that you choose to provide to us. Personally identifiable information collected with your consent may include, but not necessarily be limited to, name, mailing address, email address, telephone number, social security number, date of birth, user id and password, other information that you may supply in connection with applying for a loan with us, any responses you choose to provide to survey questions, and/or any inquires you may make through the Site.
2. Cookies. “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. This Site uses first and third party cookies (session and persistent), however, personally identifiable information is not collected through the use of cookies. Cookies are used to determine whether a visitor is unique or whether a visitor has viewed the Site before. Cookies are used in sections of this Site which require user log-in to authenticate and validate users and to determine whether a user’s session is active or has timed-out. While most browsers are set to accept cookies by default, you can set your browser to refuse cookies or to alert you before accepting them. You may check with your browser manufacturer regarding information on changing the default setting for your specific browser.
3. Non personally-identifiable information automatically collected. This Site collects non personally-identifiable information. For example, as you browse this Site we may collect information about your visit. For example, we may monitor statistics such as: the number of people that visit the Site, which page(s) are visited on the Site, from which domain visitors come, and which browsers people use to visit the site.

1. Business or asset transfer or sale. CHI might sell or buy businesses or assets of businesses, or CHI might merge with another business. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that CHI, a line of business of CHI, or substantially all the assets of CHI are transferred, customer information may well be one of the transferred assets. CHI will make reasonable efforts to provide notice on the Site and to notify you via email to the most recent email address that you have provided to CHI of any such change in ownership or control of your personal information.
2. Release of information for legal reasons. CHI may release information concerning your use of the Site (including, but not limited to, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order), to protect against fraudulent, abusive or unlawful use of the Site, to protect CHI’s rights or property, enforce any contract between you and CHI, or if CHI reasonably believes that a situation involving danger of death or injury to any person requires disclosure.
3. Except as provided above and as may be otherwise provided in the Financial Privacy Policy, the information collected by this Site is used only for responding to your inquiries and otherwise corresponding with you, for processing transactions you request, for maintaining your account, and for the administration, review, and/or the improvement the content of the Site. CHI may contact you in response to your comments or inquiries, as part of the maintenance of your account or in order to complete a transaction that you requested. CHI may also contact you to inform you of other products or services CHI believes may be of interest to you, but CHI will offer you an opportunity to discontinue receiving such communications.

If CHI decides to change its Site Privacy Policy, CHI will post such changes on the Site so users can remain aware of what information CHI collects, how CHI uses it, and under what circumstances, if any, CHI discloses it.

How You May Obtain Additional Information.

If you have questions, you may contact CHI using the information below. CHI may ask you for additional information to verify your identity. CHI reserves the right to limit or deny your request if you have failed to provide sufficient information to verify your identity or to satisfy our legal and business requirements.

Contact Information

CENTAUR HEALTH INC

C/O FKKS 28 LIBERTY STREET

NEW YORK, NY 10005

[email protected]

CHI has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although CHI does its best to protect your personal information, CHI cannot guarantee the security of your personal information transmitted to us on the Site or through the loan application or your access or use of your loan account. Any transmission of personal information is at your own risk. CHI is not responsible for circumvention of any privacy settings or security measures contained on the Site, through the loan application, or accessing or using your account.

Our Site is not designed, directed or marketed to individuals under the age of thirteen (13). Children under the age of thirteen (13) are not permitted to register on this Site or use any functionality for which the submission of information is required. Consequently, our policy is that we do not knowingly collect personal information provided by children under the age of thirteen (13).

CHI DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CHI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CHI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. CHI DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO AMOUNT, INC., IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CHI SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CHI FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. CHI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CHI BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF CHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE SUCH LIMITATIONS OF LIABILITY ARE PROHIBITED BY LAW, THE MAXIMUM AMOUNT THAT CHI MAY BE LIABLE FOR SUCH DAMAGES SHALL BE [INCLUDE NOMINAL AMOUNT].

CHI may provide hyperlinks to other websites that are owned or operated by other companies, that are not otherwise affiliates of CHI ("third-party website"). Hyperlinks will automatically move you from and out of CHI websites to a third-party website. When you follow a hyperlink from a CHI website to a third-party website, the linked third-party website will appear in a new browser window or an alert will appear to notify you that you are leaving the CHI website. You agree that we may share your information with such third- parties when needed to effectuate the transactions between you and CHI.

Because CHI does not control third-party websites, we may not always know when information on a linked third-party website changes. Therefore, CHI is not responsible for the content or accuracy of any third-party website and, except as may be otherwise required by law, CHI will not be responsible for any loss or damage of any sort resulting from the use of a hyperlink on its website nor will it be liable for any failure of products or services advertised or provided on these linked third-party websites.

CHI offers hyperlinks to you on an "as is" basis. When you visit a third-party website by using a hyperlink on a CHI website, you will no longer be subject to CHI'S Site Privacy Policy or covered by CHI’S security practices, as well as other policies. The data collection, use, and protection practices (“Practices”) of the linked third-party website may differ from the Practices of CHI websites and you are responsible for ensuring you understand and agree to such third-party Practices. You should familiarize yourself with the privacy policy and security practices of the linked third-party website before providing personal information. Those are the policies and practices that will apply to your use of the linked third-party website, NOT CHI's policies and practices.

Below are some tips to help you tell if you have left or think that you may have left the CHI website:

• Instead of a CHI Internet address, the URL of the linked third-party website appears in the location box (or address field) of your web browser.
• The linked third-party website is shown in a new browser window. The appearance of the linked third-party website, including its colors and graphic design, may be significantly different from the CHI website. The linked third-party website or webpage does not appear in a new browser, but you may find one or more of the following:
  • The logo of a different company in the upper right hand corner or other prominent location on the linked third-party website.
  • The layout and content of the navigation tools of the new webpage are different from CHI's navigation.
  • A third party's privacy policy and terms of use statement are identified instead of CHI's.

If you find any information on any CHI website that you believe to be inaccurate or if you have concerns about a hyperlink to a third-party website, please e-mail us at [email protected].

CHI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) CHI's rights or property, or the rights or property of visitors to or users of the Site, including CHI's customers. CHI reserves the right at all times to disclose any information that CHI deems necessary to comply with any applicable law, regulation, legal process, or governmental request. CHI also may disclose your information when CHI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that CHI may preserve any transmittal or communication by you with CHI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if CHI determines that such preservation or disclosure is reasonably necessary (1) to comply with legal process, (2) to enforce these Terms of Use, (3) to respond to claims that any such data violates the rights of others, or (4) to protect the rights, property or personal safety of CHI its employees, users of or visitors to the Site, or the public. You agree that CHI may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if CHI determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site or for other cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions as may be allowable by law), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

THE PARTIES AGREE THAT ANY CONTROVERSY OR CLAIM BETWEEN THEM OR AGAINST ANY AGENT, EMPLOYEE, SUCCESSOR, OR ASSIGN OF THE OTHER, WHETHER RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR OTHERWISE, AND ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR DUTIES CONTEMPLATED UNDER THESE TERMS OF USE, INCLUDING THE VALIDITY OF THIS ARBITRATION CLAUSE (THE "CLAIM"), WILL BE SETTLED ON AN INDIVIDUAL BASIS BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (“FAA”). JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. ANY DISPUTE REGARDING WHETHER A PARTICULAR CONTROVERSY IS SUBJECT TO ARBITRATION WILL BE DECIDED BY THE ARBITRATOR(S). IF ANY PART OF THE DAMAGES OR OTHER RELIEF REQUESTED IS NOT EXPRESSLY STATED AS A DOLLAR AMOUNT, THE CONTROVERSY WILL BE A CLAIM THAT IS SUBJECT TO ARBITRATION. YOU AND WE ACKNOWLEDGE AND AGREE THAT THE TRANSACTIONS CONTEMPLATED BY THE USE OF THIS SITE INVOLVE “COMMERCE” AS THAT TERM IS DEFINED AND USED IN THE FAA.

THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) UNDER ITS CONSUMER ARBITRATION RULES (THE “ARBITRATION RULES”). WE WILL TELL YOU HOW TO CONTACT THE AAA AND HOW TO GET A COPY OF THE ARBITRATION RULES WITHOUT COST IF YOU ASK US IN WRITING TO DO SO. THE ARBITRATION RULES PERMIT YOU TO REQUEST DEFERRAL OR REDUCTION OF THE ADMINISTRATIVE FEES OF ARBITRATION IF PAYING THEM WOULD CAUSE YOU A HARDSHIP. ANY IN-PERSON ARBITRATION HEARING WILL BE HELD IN [INSERT JURISDICTION], WHERE OUR EMPLOYEES AND RECORDS ARE LOCATED.

THE ARBITRATION AWARD SHALL AWARD ONLY SUCH RELIEF AS A COURT OF COMPETENT JURISDICTION COULD PROPERLY AWARD UNDER APPLICABLE LAW, INCLUDING ATTORNEYS’ FEES IF ALLOWED BY APPLICABLE LAW OR AGREEMENT, AND MAY AWARD TO THE PREVAILING PARTY ALL PRE- AND POST-AWARD EXPENSES OF ARBITRATION. ALL STATUTES OF LIMITATION, DEFENSES, AND ATTORNEY-CLIENT AND OTHER PRIVILEGES THAT WOULD APPLY IN A COURT PROCEEDING WILL APPLY IN THE ARBITRATION. THE FILING OF A DEMAND FOR ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES WILL BE DEEMED THE COMMENCEMENT OF AN ACTION FOR PURPOSES OF ANY APPLICABLE STATUTE OF LIMITATIONS.

THERE WILL BE NO CLASS CLAIMS—CLAIMS BY OR ON BEHALF OF OTHER PERSONS WILL NOT BE CONSIDERED IN OR CONSOLIDATED WITH THE ARBITRATION PROCEEDINGS BETWEEN YOU AND US.

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT LIMITS OR WAIVES CERTAIN OF YOUR RIGHTS. WITH RESPECT TO CLAIMS THAT YOU ARE AGREEING TO ARBITRATE, YOU ARE WAIVING YOUR RIGHT TO BRING A COURT ACTION AND TO HAVE A JURY TRIAL. THERE WILL BE NO CLASS CLAIMS IN ARBITRATION. DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN A COURT PROCEEDING, AND THE RIGHT AND GROUNDS TO APPEAL FROM AN ARBITRATOR’S AWARD ARE MORE LIMITED THAN IN AN APPEAL FROM A COURT JUDGMENT. CERTAIN OTHER RIGHTS YOU HAVE IN A COURT PROCEEDING ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Important information about procedures for opening a new account: To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: When you apply for a loan, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

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