Terms of Service
TERMS, CONSENT AND NOTICE REGARDING ELECTRONIC PAYMENTS AND COMMUNICATIONS
1. You hereby authorize Evergreen Professional Recoveries, to initiate withdrawals according to the payment schedule you have selected.
2. Electronic Signature Agreement. By selecting the 'I Accept' button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting 'I Accept' you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Evergreen Professional Recoveries or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as 'E-Signature'), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your E-Signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Evergreen Professional Recoveries. You also represent that you are authorized to enter into this Agreement for all persons who own or are authorized to access any of your accounts and that such persons will be bound by the terms of this Agreement.
3. Consent to Electronic Delivery. You specifically agree to receive and/or obtain any and all Evergreen Professional Recoveries online services and related 'Electronic Communications' (defined below) via Evergreen Professional Recoveries online services. The term 'Electronic Communications' includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Evergreen Professional Recoveries. You acknowledge that, for your records, you are able to use Evergreen Professional Recoveries online services to retain Electronic Communications by printing and/or downloading and saving this Agreement and any other agreements and Electronic Communications, documents, or records that you agree to use your E-Signature. You accept Electronic Communications provided via Evergreen Professional Recoveries online services as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
4. Revocation of Electronic Delivery and Payment Plan. You have the right to withdraw your consent to automatic payments at any time. You acknowledge that Evergreen Professional Recoveries reserves the right to restrict or terminate your access to Evergreen Professional Recoveries online services if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, you may contact us at (800) 241-1305 opt 2. Your revocation of consent will become effective three days after we receive it. If you revoke your consent by phone, it will be effective for 14 days unless we also receive a written revocation of consent. We will not process an automatic payment so long as you withdraw your consent at least three banking days before the scheduled payment.
5. Valid and Current E-mail Address, Notification and Updates. Your current valid personal email address is required in order for you to obtain Evergreen Professional Recoveries online services. If you use a business email address, you waive any claims that you may have for third party disclosure of your account information. Specifically, you waive any claim that might otherwise exist under 15 U.S.C. 1692c, 15 U.S.C. 1692e and 15 U.S.C. 1692f. You agree to keep Evergreen Professional Recoveries informed of any changes in your email address. You may modify your email address by submitting a written request to Evergreen Professional Recoveries or calling (800) 241-1305 option 2. Evergreen Professional Recoveries may notify you through email when an Electronic Communication or updated agreement pertaining to Evergreen Professional Recoveries online services is available. Evergreen Professional Recoveries may also use Evergreen Professional Recoveries online services for Electronic Communications. It is your responsibility to use Evergreen Professional Recoveries online services regularly to check for Electronic Communications and to check for updates to this Agreement. If you desire to communicate with Evergreen Professional Recoveries through e-mail, you agree as follows: (a) you will not use any email address that is accessible by any third party (such as an employer, co-worker or other family member); (b) it is your responsibility to protect the privacy of these communications and (c) you waive any claim that might otherwise exist under 15 U.S.C. 1692c, 15 U.S.C. 1692e and 15 U.S.C. 1692f for third party disclosures.
6. Hardware, Software and Operating System. You are responsible for installation, maintenance, and operation of your computer, browser, and software. Evergreen Professional Recoveries is not responsible for errors or failures from any malfunction of your computer, browser, or software. Evergreen Professional Recoveries is also not responsible for computer viruses or related problems associated with use of an online system. The following are the minimum hardware, software, and operating system requirements necessary to use Evergreen Professional Recoveries online services and receive Electronic Communications:2 Processor - IBM compatible Pentium PC running Windows 2000 Memory - 4MB RAM Disc Space - 50 MB's Free Space Monitor - 800 x 600 resolution Browser - Microsoft Internet Explorer 6.0 or higher Internet access - 28.8 modem or better.
7. Release, Hold Harmless & Indemnification. You agree that in exchange for the ability to access Evergreen Professional Recoveries online services you release and hold Evergreen Professional Recoveries harmless for any perceived or alleged harm that you may assert against Evergreen Professional Recoveries, its agents or assigns, resulting from your use of Evergreen Professional Recoveries online services. You further agree to Indemnify Evergreen Professional Recoveries for any damage Evergreen Professional Recoveries may suffer as a direct result of your use of Evergreen Professional Recoveries online services, whether intentional or not, which may result from your actions in utilizing these services.
8. Privacy Policy. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up to date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
9. Controlling Agreement. This Agreement supplements and modifies other agreements that you may have with Evergreen Professional Recoveries. To the extent that this Agreement and another agreement contain conflicting provisions, the provisions in this agreement will control (with the exception of provisions in another agreement for an electronic service which provisions specify the necessary hardware, software and operating system, in which such other provision controls). All other obligations of the parties remain subject to the terms and conditions of any other agreement. To obtain electronic services and communications, indicate your consent to the terms and conditions of this Agreement by clicking on the 'I Accept' button. It is recommended that you print a copy of this Agreement for future reference.
10. Refunds and overpayments with be processed within 30 days.
California:
Our license number is 10257-99.
The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 am or after 9 pm They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you many not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.
Colorado:
FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SEE www.coag.gov. A consumer has the right to request in writing that a debt collector or collection agency cease further communication with the consumer. A written request to cease communication will not prohibit the debt collector or collection agency from taking any other action authorized by law to collect the debt. Our Colorado location is 7200 S Alton Way #B180 Centennial, CO 80112 and phone number is (303) 309-3839.
MEDICAL ASSISTANT STATEMENT: Medical Financial Assistance may be available for qualifying patients who need help paying for medically necessary care received. If it is available patients must meet the eligibility requirements set by the provider. Pursuant to Colorado law, discounts for hospital services are available for qualified individuals. Please go to hcpf.colorado.gov for written explanation of your rights.
Minnesota:
This collection agency is licensed by the Minnesota Department of Commerce.
New York:
This collection agency is licensed by the New York City Department of Consumer Affairs License No. 1228878-DCA.
Buffalo Department of Economic Development License #CAG11-563406.
State of New York license #2884671
A translation and description of commonly-used debt collection terms is available in multiple languages on the Department of Consumer Affairs website, www.nyc.gov/dca. If you have limited-English proficiency or prefer to speak in a language other than English on telephone calls with our office, please provide your language preference and we will record it in our files.
Please call 1-800-241-1305 to request a copy of this notice in a large print format. This notice can be sent via USPS or EMAIL.
Nevada:
This pertains to medical collection accounts only:
If the consumer pays or agrees to pay the debt or any portion of the debt, the payment or agreement to pay may be construed as an acknowledgment of the debt by the consumer and or a waiver by the consumer of any applicable statute of limitations set forth in NRS 11.190 that otherwise precludes the collection of the debt; and if the consumer doesn’t understand or has questions concerning his/her legal rights or obligations related to the debt, the consumer should seek legal advise.
North Carolina:
This collection agency is licensed by the North Carolina Department of Insurance under permit number 119500896.
Tennessee:
This collection agency is licensed by the Collection Services Board of the Department of Commerce and Insurance.