Last modified February 15, 2013

INTRODUCTION

These terms of use (“TOU”) are an agreement between the users (“you” or “your”) of the websites identified below on the one hand  and Bonded Collection Corporation, BCC Collection Services and/or BCC Financial Services (“Company”, “we”, “us”, “our”) on the other hand.  These TOU apply to such sites as may be owned and/or operated by Company, including, without limitation, www.bcc-chicago.com (collectively, the “Sites”) however accessed and/or used, whether via personal computers, mobile devices or otherwise. These TOU govern your use of the Sites and the services and/or content, including, without limitation, any information, text, software, scripts, graphics, photographs, audio and/or visual materials (individually or in combination), features and other materials uploaded, downloaded or appearing on or available through the Sites (collectively, “Content”).

Each Company and you shall be a “Party” or, collectively, “Parties.” The Sites are intended for a general audience aged eighteen (18) years and older.  If you are under the age of 18, you are prohibited from using the Sites.

For Debtors: Any interaction with us is an attempt to collect a debt and information provided by you to us may be used for such purposes.  That said, there are valuable resources available on the Sites that may assist you in settling your debts should you wish to use them understanding the above.

Acceptance of Terms

Your access to and use of the Sites, Content and related services are offered to you conditioned on your acceptance, without modification, of these TOU, the Privacy Policy, and the other policies posted here. Your use of the Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Sites may also be subject to additional terms as set forth in such section (“Additional Terms”).

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Sites or with any terms included with any product purchased from us, then these terms shall control.

Site Licenses and Access

Company grants you a limited license to access and make personal use of this Site and not to download or modify their, or any portion of their, proprietary information, or any portion of the Sites or the Content, except with the express written consent of Company. This license does not include any derivative use of this Sites or the Content or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and/or third parties or Company affiliates without express written consent of Company (or in the case of third parties, the appropriate third party owner/licensee of any materials (including Content)). You may not use any Company tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates any permission or license granted by Company.

No Unlawful or Prohibited Use

As an express condition of your use of the Sites, you agree, represent and warrant that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems or networks connected to the Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites.

Company complies with all applicable laws and regulations, including without limitation, the Gramm-Leach Bliley Act (“GLB”), Regulation P, The Fair Credit Reporting Act (“FCRA”) and the Fair Debt Collection Practices Act (“FDCPA”).

Personal Non-Commercial Use Limitation

Unless otherwise specified, the Sites is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content, information, software, products or services obtained from the Sites.

Creditor’s/Clients

When contracting for debt collection services, Creditors/Clients will be required to agree to additional terms at the time they purchase the services.  As general information, in the event that a Creditor/Client retains Company to provide debt collection services, Creditor/Client and Company (each a “party” or,  collectively, “parties”) the parties agree to conduct themselves in accordance with all applicable laws including, without limitation, the FCRA and the FDCPA.

By placing a claim for collection, Creditor/Client grants to Company full discretion and authority to proceed with all collection efforts it deems necessary, including the right to accept partial payments and endorse for deposit funds payable to Customer/Client, except that Company shall not institute legal proceedings nor compromise or settle any claims without written authorization of the Customer/Client.

Once Creditor/Client has retained the services of Company to collect a debt, in accordance with applicable laws and regulations, all communication with the debtor(s) will be conducted by and through the offices of Company and Creditor/Client agrees to cease all communication with the debtor(s) or to have the claim handled by any other institution, collection agent, or representative. Creditor/Client shall promptly and thoroughly inform Company of all attempts by debtor(s) to contact Creditor/Client directly. Claims settled directly by the Creditor/Client or by a third-party agent of Creditor/Client shall be subject to fees to Company as set forth in additional terms agreed upon at the time of ordering services.  When ordering services, it is important that you read the additional terms carefully.

Additional Services – Underwriting Program: As an optional service to clients, Company, on behalf of Connexus Credit Union (“CCU”), provides a “portal” for medical professionals to use to contact CCU.  Specifically, Company provides a mechanism through the Sites for medical professionals to directly transmit through the Sites application materials for insurance underwriting for medical and/or dental service insurance/credit.  MEDICAL PROFESSIONALS USING THE UNDERWRITING PROGRAM REPRESENT AND WARRANT THAT THEY SHALL ABIDE BY ALL APPLICABLE LAWS, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, THE HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”).  COMPANY DOES NOT STORE, FRAME OR OTHERWISE UTILIZE ANY SUCH INFORMATION TRANSMITTED EXCEPT FOR THE LIMITED PURPOSE OF FACILITATION COMMUNICATION AND COMPANY RETAINS NONE OF YOUR PERSONAL OR HEALTH INFORMATION IN CONNECTION WITH THESE TRANSACTIONS EXCEPT SECURELY AND ONLY TO THE LIMITED EXTENT REQUIRED BY LAW OR REGULATION.

For purposes of clarity, medical professionals will have the opportunity to offer “financing” or “credit” to patients through CCU.  Such professionals will provide their patients with underwriting materials and/or questionnaires.  Patients will be solely responsible for providing accurate information to their providers.  Providers, on their own behalf and on behalf of their employees, agents and contractors, shall be solely responsible for the accurate transmission of that information as well as strictly protecting the privacy and integrity of such information.  Company acts solely as a third party facilitator and by using the Underwriting Services, whether as a professional or a patient, you hereby understand and agree that your SOLE remedy for any disputes arising out of your use of the services shall be between patients, providers and/or CCP only and never Company. Patients and providers hereby forever RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY against any and all loses, claims, damages and liabilities arising out of use of the Underwriting services. 

PATIENTS ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT YOU MAY SHARE WITH YOUR MEDICAL PROVIDER OR OTHERS FOR PURPOSES OF USING THESE SERVICES.

Your use of the Underwriting Program may be subject to Additional Terms at the time you engage such services.

Modification of these TOU

Company reserves the right to change the terms, conditions, and notices concerning use of the Sites without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Sites. We will always post the latest revised date for your review. Your continued use of the Sites constitutes your agreement to all such terms, conditions, and notices.

Termination of Access

Company reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Sites or any portion thereof at any time, without notice.

You must be at least 18 years of age to use the Sites or to submit any personal information to Company. As such, if you transact or attempt to transact any business with Company or submit or attempt to submit any personal information to Company, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to ensure compliance herewith.

Copyrights and Trademarks

All of the materials and the Content appearing on the Sites are either owned or controlled by Company in accordance with applicable law.  You may not copy, distribute or otherwise disseminate any materials or Content (including any logos, images, or data), from the Sites unless you are the owner of said materials or content or have express written permission from the owner of said materials or content to do so.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITES AND TO THE INFORMATION THEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.

COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS BY YOU OR BY A THIRD PARTY. YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.

IN NO EVENT SHALL COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR UNKNOWN CLAIMS, DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, COMPANY’S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR USE OF THE SITES IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST COMPANY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Indemnification

You agree to indemnify and hold Company, its affiliates, and their respective officers, directors, employees, agents, successors and assigns harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Sites and/or any information (text or graphical), software, or products obtained through the Sites and/or from Company.

Applicable Law/Arbitration/Dispute Resolution

The Parties agree that the services provided by Company shall be deemed solely based in Illinois.  The Parties agree that all disputes against Company, including but not limited to disputes as to these TOU; the Sites license; Sites access restriction and/or termination; Company’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; member accounts; privacy; Underwriting Program, and disclaimer of warranties shall be governed by the internal laws of the State of Illinois, U.S.A. without regard to choice of law principles and you and Company both expressly agree that any and all disputes that may arise out of these TOU or out of each Party’s relationship with the other shall be submitted for final and binding resolution to the American Arbitration Association’s (“AAA”) Chicago, Illinois office, pursuant to their procedures (including filing and notification procedures). The award rendered by the arbitrator shall be final and binding and may be entered in the Circuit Court of Cook County, Illinois and you irrevocably consent to exclusive jurisdiction and venue in AAA and such courts.

No waiver of any of the terms of these TOU will be valid unless in writing and designated as such. No failure or delay in enforcing a Party’s rights shall be construed as a waiver.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English.  In the event these TOU are translated into another language or otherwise reprinted, this (and future amended) English language version of the TOU shall govern as to any inconsistencies.

Entire Agreement

Unless otherwise specified herein or in a writing executed by both parties, these TOU constitute the entire agreement between you (the user) and Company with respect to the use of the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Sites.

Errors, Omissions, and Changes

While Company makes every effort to ensure the accuracy of materials presented, you, the user is warned that this service could include typographical errors and/or technical inaccuracies. Company reserves the right to make improvements and/or changes to these TOU and/or to the products and services described on the Sites at any time.

Customer Service

If you have any questions, comments, or concerns, please contact our customer service department, Monday through Friday by Contacting Us or by telephone at 1-800-326-6333 or by email at customerservice@bccfs.com; or (2) by postal mail to ATTN: Customer Service, Bonded Collection Corporation, 2400 E. Devon Avenue, Suite 257, Des Plaines, IL 60018

Member Account, Password, and Security

Certain users and affiliates of Company may receive a password from Company to access certain information on the Sites. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder and Company.

Links to Third Party Sites 

The Sites may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Company responsible if the Linked Site is not working appropriately. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Linked Sites or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers) included within the Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Company shall not be responsible or liable for any part of any such dealings or promotions.

This website is provided for information purposes only. It is intended only to help you understand some of your legal rights and obligations and to facilitate certain communication and transactions. It is not intended as legal advice and should not be relied upon as legal advice. Nothing transmitted from this web site establishes an attorney-client relationship between you and Company. Company is not a law firm. Should you have legal questions, Company recommends you consult an attorney.

Company takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential. If you are transmitting confidential information, you are doing so at your own risk.