Creditor Advocates Terms of Use
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Creditor Advocates Inc (“Creditor Advocates”), including, but not limited to, creditoradvocates.com and capayonline.com websites (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies. You may print a hard-copy of this agreement by clicking the “Print” button in your web browser.
Prevailing Language.
Translations into languages other than English may be available on the Site. In case of any inconsistencies, disputes, or confusion with the translated versions, the English translated version shall prevail.
Your Privacy.
Protecting your privacy is very important to us. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Your Health Information.
You hereby authorize the receipt, use, and disclosure of your Protected Health Information (PHI) from you to Creditor Advocates. You further authorize the disclosure of PHI to any health plan, physician, health care professional, hospital, clinic, laboratory, pharmacy, medical facility, or other health care provider that has provided payment, treatment, or services to you or on your behalf, by Creditor Advocates in accordance with this agreement and our Privacy Policy. You understand that the purpose of Creditor Advocate’s use and disclosure of your health information is solely to provide you with the services described in this agreement. You understand that this data may contain sensitive information relating to HIV/AIDS diagnoses, mental illness or any other mental health condition, alcohol or substance abuse, sexually transmitted diseases, pregnancy, abortion or other family planning, genetic tests and/or diseases. Unless you expressly revoke it, your authorization shall remain in effect until December 31st, 2040.
Fees.
There is no charge to use Creditor Advocate’s Site.
Your Account.
You must provide accurate and complete information when you use our Service. By providing your email address, you are 1) confirming that your email address is valid and correct, and 2) you are authorizing us to send account related correspondence such as, but not limited to, eStatements, payment receipts, refund information, new charge notifications, and new feature notifications to the provided email address. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
Electronic Communications.
With regard to your consent to receive electronic communications:By choosing to provide your email address, you acknowledge that this is your personal, secure email address and you are the only one that has access to your email so as to prevent third party disclosures. Your consent applies to all future communications with Creditor Advocates. You have the option to Opt-Out of future email communications at anytime by contacting Creditor Advocates at (866) 357-7522 and speaking with a representative. Opt-Out requests may take up two business days to process. By choosing to Opt-Out, you acknowledge that future communications will not be sent via email unless you choose to Opt-In at a later date. To receive and view electronic communications from Creditor Advocates, you must meet the following software and hardware requirements: (1) Hardware Requirements: You will need access to the Internet and a valid email account. (2) Software Requirements: You will need Adobe Acrobat Reader Version 4.0 or greater to view paperless documents. The email message and its contents are for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, copying, or distribution of this email is prohibited. If you have received this e-mail in error, please immediately: 1) Notify the sender by return e-mail and 2) delete this copy from your computer system. If you suspect fraudulent activity due to the receipt of this email, please contact (866) 357-7522.
Accuracy and Integrity of Information
Although Creditor Advocates 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 Creditor Advocates so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Creditor Advocates shall have no responsibility or liability for information or Content posted to the Site from any non-Creditor Advocates affiliated third party.
eStatement Notification via Email or Text Message (SMS) or other electronic communications.
eStatement notification is an optional feature of Creditor Advocates that is disabled until you modify your notification settings in the “Profile Tab” or on the registration page. By enabling eStatement Notifications, you are giving Creditor Advocates permission to periodically email you or send you text message (SMS) notices about new bills or reminders about bills with pending due dates. Standard message rates and data charges from your carrier may apply to sending and/or receiving text messages (SMS). You may choose to enable or disable this feature at any time, but changes may take up to 48 hours to become effective. Creditor Advocates reserves the right to discontinue eStatement notifications at any time, in our sole discretion. Your Protected Health Information (PHI) will not be contained in any emails or text messages (SMS).
Payments.
Each time you initiate a transaction, you authorize us, or our agent, to charge your credit/debit card or to initiate an automated clearing house (ACH) debit to your checking account at the specified financial institution for the specified amount on or after the scheduled date. You agree that submitting the payment constitutes an explicit authorization for us, or our agent, to complete the electronic charge/transfer. Once you have authorized the payment, you will not be able to cancel the transaction on or after the scheduled date. You acknowledge that this authorization shall remain in full force and effect until we have received written notification of its termination. By choosing to pay with an eCheck, you give Creditor Advocates the right to resubmit any ACH debit you authorized that is returned for any reason, including by not limited to insufficient or uncollected funds, and to collect up to a $30.00 administrative fee. Creditor Advocates reserves the right to refuse to process a transaction for any reason or without reason. If you enroll to make recurring payments automatically, all charges and fees will be billed to the Account you designate. If you want to designate a different Account or if there is a change in your Account, you must contact Creditor Advocates. This may temporarily delay your ability to make online payments while we verify your new payment information.To stop a preauthorized recurring payment, notify us at 866-357-7522 at least two banking business days before your payment due date. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If your bank or credit card issuer fails to pay the amount that you authorized us to charge to your Account on the payment date for any reason, we will reverse the credit to your Creditor Advocates account and we may charge you a returned payment fee, as disclosed in the Creditor Advocates.
Refund Policy.
Any overpayments of $5.00 or more over the total debt amount will be refunded to the Account guarantor within 30 days of discovery or notification and confirmation by Creditor Advocates accounting department. Refunds may be requested for any overpayments. If approved, a refund will be issued within 30 days and may take the form of a credit card statement credit, ACH credit, or a separate refund check. Regardless of the overpayment’s balance, any and all overpayments or uncashed overpayment checks not sufficiently resolved will follow the MN Unclaimed Funds program and such funds will be remitted to Minnesota’s Department of Commerce.
Chargebacks and Payment Disputes.
If a dispute or question arises about a transaction between you and Creditor Advocates, please contact Creditor Advocates first before contacting your card issuer and/or filing a dispute/chargeback with your bank. In most cases, you will receive your money faster. By initiating a retrieval or chargeback request with your card issuer, you are implicitly authorizing Creditor Advocates to release the necessary information to comply with the card brands’/financial institutions’ information request; in some cases, this can include your Personally Identifiable Information (PII) and Protected Health Information (PHI). As our goal is to learn about and address your concerns as quickly as possible while securely maintaining your personal information, all questions and concerns should be directed to our Customer Care line at 866-357-7522 between 8AM-5pm CST Monday through Friday.
ESign Disclosure and Consent.
ESign Digital Signature allows Creditor Advocates to provide you with an electronic means to complete a signature. When proving your Electronic Signature, you acknowledge that you read and consent to Creditor Advocates ESign Disclosure and Consent.
Important Disclosures.
By visiting Creditor Advocate’s Site, you acknowledge that you have read these important Disclosures and have received only those disclosures applicable to your specific situation. Although Creditor Advocates attempts to ensure the integrity and accurateness of these disclosures, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the disclosures. It is possible that the disclosures could include typographical errors, inaccuracies or other errors, and unexpected or unannounced changes to statutory requirements could be made by local, state, and/or federal governments at any time. In the event that an inaccuracy arises, please (1) inform Creditor Advocates, (2) allow 30 days from receipt of your concerns to fix, address, and/or cure such disclosures, (3) refer to mailed correspondence(s) for the proper disclosures that are applicable to your specific situation, and (4) promptly exit the Site. Disclosures may be changed or updated without notice.
Intellectual Property.
“Creditor Advocates”, Creditor Advocate’s Site, and all related logos, products and services described in our website are either trademarks or registered trademarks of Creditor Advocates or its licensors. You may not copy, imitate or use them without Creditor Advocate’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Creditor Advocates. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Creditor Advocates website and any content thereon is the exclusive property of Creditor Advocates and its licensors.
Licenses and Site Access.
Creditor Advocates grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Creditor Advocates. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Creditor Advocates. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Creditor Advocates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Creditor Advocate’s name or trademarks without the express written consent of Creditor Advocates. Any unauthorized use terminates the permission or license granted by Creditor Advocates.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CREDITOR ADVOCATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CREDITOR ADVOCATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CREDITOR ADVOCATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CREDITOR ADVOCATES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM CREDITOR ADVOCATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREDITOR ADVOCATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law.
By visiting Creditor Advocates Site, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Creditor Advocates.
Disputes.
By using this site you consent to exclusive jurisdiction and venue of Dakota County, Minnesota. Any dispute relating to your use of Creditor Advocate’s Site shall be adjudicated in such jurisdiction.
Modification.
We may amend our Terms of Use at any time by posting a revised version on our website. The revised version will be effective at the time we post it, unless otherwise indicated. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using our site.
Version 20200315 – Updated on 3/15/2020