Legal

Terms of Use

These terms and conditions of use (“Terms of Use”) govern your use ofour online interfaces and properties (e.g., websites and mobile applications) owned and controlled by CSI Financial Services, LLC (“ClearBalance HealthCare®,” “ClearBalance”, “we, “us, or “our”), including the ClearBalance.org and MyClearBalance.com websites (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site.

By accessing, browsing, and/or using the Site, you acknowledge that you have read and agree to be bound by these Terms of Use. If you do not agree to be bound by the Terms of Use, do not use or access the Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.

If you access or use the Site or register an account on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this agreement and that it is fully binding on them. In such case, the term “you,” as used in this Terms of Use, will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Site or create an account.

Be advised that these Terms of Use contain disclaimers of warranties, indemnification, and limitations of liability that may be applicable to you.

Binding Arbitration. These Terms of Use contain provisions that govern all disputes between you and ClearBalance. Unless you opt-out you will only be permitted to pursue claims against ClearBalance via binding arbitration. Accordingly, you agree to give up your right to go to court (including in a class action proceeding) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Please review the section below entitled dispute resolution; arbitration agreement for the details regarding your agreement to arbitrate any disputes with ClearBalance.

Intellectual Property

Your Rights

Subject to the terms and conditions of these Terms of Use, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Site solely for your own internal use. ClearBalance reserves all rights not expressly granted herein in the Site. Except as expressly set forth herein, no rights or licenses are granted to you under these Terms of Use, whether by implication, estoppel or otherwise.

Proprietary Rights

All pages within this Site and any material made available for download are the property of ClearBalance HealthCare, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws, and you acknowledge that these rights are valid and enforceable. The contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may only be used for purposes authorized by these Terms of Use or otherwise approved in writing by ClearBalance. Your use of the Site for any other reasons is strictly prohibited. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of ClearBalance without our express written consent. You acknowledge that you do not acquire any ownership rights by using the Site. The trademarks, trade names, service marks, brands, logos, and trade dress displayed on the Site (collectively, the “ClearBalance Trademarks”) are the registered and unregistered intellectual and proprietary property of ClearBalance and/or others. Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any ClearBalance Trademark(s) without the express written permission of ClearBalance or the third-party owner of any such ClearBalance Trademark.

User Content

You are solely responsible for all information, data, materials, and content you provide to ClearBalance (collectively, the User Content”) that you submit, post, or display on or via the Site. You represent and warrant that: (a) you own the User Content or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (b) the use of your User Content does not and will not violate, misappropriate or infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (c) the User Content does and will comply with applicable law, and the User Content is accurate, complete, and truthful. You acknowledge and agree that your relationship with ClearBalance is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place ClearBalance in a position that is any different from the position held by members of the general public, including with regard to your User Content.

Site Access and Accounts

We reserve the right to decline to provide access to the Site to any person, or restrict access to any portion of the Site, for any or no reason. By accessing or using the Site, you represent and warrant that you have the full right, power, and authority to enter into and perform these Terms of Use without the consent or approval of any third party.

Access to certain portions of the Site may be limited and require that you register with us and create an account to access such portions of the Site (“Protected Areas”). You agree to access Protected Areas using only your account information. You agree to protect the confidentiality of your account (including user ID and password) as well as any other access information, and not to share or disclose your account information to any third party. You agree that you are fully responsible for all activity occurring under your account. You must immediately notify ClearBalance of any breach or suspected breach of security or unauthorized use of your account. Your access to the Site and/or your account may be revoked by ClearBalance at any time with or without cause. ClearBalance will not be liable for any losses caused by any unauthorized use of your account.

Restrictions on the Use of the Site

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
• Use the Site in a manner inconsistent with any applicable laws or regulations;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
• Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
• Engage in unauthorized framing of or linking to the Site;
• Make improper use of our support services or submit false reports;
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
• Use any information obtained from the Site in order to harass, abuse, or harm another person;
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
• Delete the copyright or other proprietary rights notice from any Content;
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Use a buying agent or purchasing agent to make purchases on the Site;
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords;
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
• Attempt to impersonate another user or person or use the username of another user;
• Sell or otherwise transfer your profile;
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); and
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or customers of the Site, or expose them to liability.

Violations of these restrictions may result in civil or criminal liability. ClearBalance will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Accuracy and Integrity of Information

Although ClearBalance attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ClearBalance so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, ClearBalance shall have no responsibility or liability for information or Content posted to the Site from any non-ClearBalance affiliated third party.

Links to Third Party Websites

ClearBalance makes no representations whatsoever about any non-ClearBalance website that you may access through this Site. When you access a non-ClearBalance site, please understand that it is independent from ClearBalance, and that ClearBalance has no control over the content on that website. In addition, a link to a non-ClearBalance website does not mean that ClearBalance endorses or accepts any responsibility for the content, or the use, of the linked site. Non-ClearBalance websites may have their own terms of use and/or privacy policy and may have different practices and requirements than ClearBalance. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these external website, which you use at your own risk. You are advised to make reasonable inquiries before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any external site.

It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk and you hereby irrevocably waive any claim against ClearBalance with respect to the content or operation of any external site.

Third Party Charges and Mobile Alerts

You are solely responsible for any fees or charges incurred to access the Site through an internet service provider or other third party, including without limitation data charges incurred if you are not connected to WiFi access, charges to receive SMS messages or other mobile access, which may be billed to you by your mobile provider. You agree that ClearBalance is not liable in any way for any third-party charges.

User Generated Content, Reviews, Feedback and other Postings to the Site

The Site may have other interactive features which permit you to submit, upload, or post any comments, ideas, suggestions, information, files, images, or other materials to other users or persons on the or through the Site (“User Generated Content”). You agree not to provide any User Generated Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings, or any other method of communication. ClearBalance shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however ClearBalance desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. ClearBalance is and shall be under no obligation (i) to maintain any User Generated Content in confidence; (ii) to pay to you any compensation for any User Generated Content; or (iii) to respond to any User Generated Content.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS CLEARBALANCE AND ITS SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

ClearBalance does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant ClearBalance the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. ClearBalance and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

Competency

You hereby affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

Your use of the Site shall be subject to ClearBalance Privacy Policy (the “Privacy Policy”), which can be accessed at: https://clearbalance.org/privacy-policy/. You expressly consent to the practices described in the Privacy Policy. ClearBalance reserves the right to modify the Privacy Policy in its discretion from time to time. Access to or use of the Service after any such changes shall constitute your agreement to such changes.

Claims of Copyright Infringement

ClearBalance respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), if you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

Notices and counter-notices with respect to the Site must meet the then-current statutory requirements imposed by the DMCA (see http://copyright.gov/title17/92appb.html) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

We disclaim any responsibility or liability for copyrighted materials posted by a user or third party on our Site.

Please note that It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Notices of Alleged Infringement for Content Made Available through the ClearBalance Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Copyright Notice“) complying with the following requirements:

Identify the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Copyright Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.
Deliver this Copyright Notice, with all items completed, to our Copyright Agent.

We will review your Copyright Notice once we receive it. Please be advised that ClearBalance will not respond to complaints that do not meet the above requirements. If ClearBalance determines that the materials alleged to infringe your copyright or trademark rights do not require removal, ClearBalance will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

Counter-Notices of Alleged Infringement for Content Made Available through the ClearBalance Site

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice (“Copyright Counter-Notice”), which must include the following requirements:

Your name, address, and telephone number.
The source of the content that was removed.
A statement under penalty of perjury that you have a good-faith belief that the content was removed in error.
One of two statements
If you are located within the U.S.: “I consent to the jurisdiction of the United States federal district court for the judicial district in which my address is located and will accept service of process from the person who provided the notice set forth above or their agent.”
If you are located outside of the U.S.: “I consent to the jurisdiction of any United States federal district court where ClearBalance is located and will accept service of process from the person who provided the notice set forth above or their agent.”
A physical or electronic signature (for example, typing your full name).
Deliver this Copyright Counter-Notice, with all items completed, to our Copyright Agent.
We will review your Copyright Counter-Notice once we receive it. If your Copyright Counter-Notice is complete and valid, we will forward the information you provided to the person who filed the complaint. If they do not notify us within 10-14 business days that they have filed a lawsuit against you, we will take steps to restore the content that we’ve removed or disabled.

Disclaimer of Warranties

CLEARBALANCE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CLEARBALANCE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. CLEARBALANCE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. ALL OF THE FOREGOING WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY CLEARBALANCE ON THE SITE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE

Limitation of Liability Regarding Use of Site

CLEARBALANCE AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF CLEARBALANCE TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Geographic Restrictions

We are based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnification

You agree to fully indemnify, defend (at ClearBalance’s request), and hold harmless ClearBalance, our agents, successors, and assigns, and our and their directors, officers, employees, consultants and other representatives (collectively, the “ClearBalance Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your actual or alleged breach of these Terms of Use; (b) any allegation that any User Content, User Generated Content, or other materials you submit to us or transmit to the Site infringe, misappropriate, or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party; (c) your activities in connection with the Site or any other website to which the Site is linked; (d) your negligence or willful misconduct; (e) your use of the results, content, products, services, software, data, or information provided via the Site; (f) any service or product offered by you in connection with or related to your use of the Site; and/or (g) your violation of any applicable law.

Dispute Resolution; Arbitration Agreement.

We will try work in good faith to resolve any issue you have with Site, including payments made through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

Unless you opt out (as described below), you and ClearBalance agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Site, including payments made, and any products and services order or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and ClearBalance are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and ClearBalance.

Notice Process
If you desire to assert a claim against ClearBalance, and you therefore elect to seek arbitration, you must first send to ClearBalance, by certified mail, a written notice of your claim (” Arbitration Notice“). The Arbitration Notice to ClearBalance should be addressed to: ClearBalance, P.O. Box 927830 San Diego, CA 92192-7830, Attention Legal Dept. (“Notice Address“). If ClearBalance desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Arbitration Notice to the most recent address we have on file or otherwise in our records for you. An Arbitration Notice, whether sent by you or by ClearBalance, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand“). If ClearBalance and you do not reach an agreement to resolve the claim within 30 days after the Arbitration Notice is received, you or ClearBalance may commence an arbitration proceeding or file a claim in small claims court.