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CARECREDIT LLC
WEB SITE USAGE AGREEMENT
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

This online credit services web site (the "Site") is provided by CareCredit LLC ("CareCredit") in connection with the CareCredit credit card program (the “Program”).

The Site may be used only for informational purposes and in connection with your professional arrangement with CareCredit and/or its affiliate:

By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site or download materials from the Site.

These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with CareCredit and/or its affiliate.

Limited License

Subject to the terms and conditions set forth in this Agreement, CareCredit grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon.

CareCredit authorizes you to view and download the information ("Materials") at the Site only for the purposes of supporting or promoting the Program as agreed between you and CareCredit and/or its affiliate. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:

• you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
• you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose other than as expressly agreed with CareCredit or its affiliate; and
• you must not transfer the Materials to any other person other than as expressly agreed with CareCredit or its affiliate.

You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, CareCredit does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Disclaimer

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CARECREDIT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. CARECREDIT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. CARECREDIT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

CARECREDIT DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. CARECREDIT ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CARECREDIT, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Third-Party Sites

As a convenience to you, CareCredit may provide, on the Site, links to web sites operated by other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. CareCredit makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that CareCredit or the Site sponsor, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CareCredit or any of its affiliates or subsidiaries.

Limitations of Damages/Waiver

IN NO EVENT SHALL CARECREDIT OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF CARECREDIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You release, discharge and hold harmless CareCredit and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by CareCredit. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.

Changes

CareCredit reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.

CareCredit may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. CareCredit may remove, modify or otherwise change any content, including that of third parties, on or from the Site. CareCredit also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. CareCredit may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. CareCredit may terminate your use of the Site at any time in its sole discretion.

International Use and Choice of Law

The Site is controlled, operated and administered by CareCredit from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This Web Site Usage Agreement shall be governed by the laws of the State of New York and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York.

This Agreement constitutes the entire agreement between CareCredit and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.