Terms of Service

1. Definitions

"Company," "we," "us," or "our" refers to Arbor Claims and its affiliates. "User," "you," or "your" refers to any individual or entity accessing our website or services. "Services" refers to the evaluation, appraisal, and potential acquisition of Independent Dispute Resolution (IDR) claims and related healthcare receivables. "Claims" or "IDR Claims" refers to pending or awarded claims arising from the Independent Dispute Resolution process under the No Surprises Act (Public Law 116-260).

2. Nature of Services

Arbor Claims provides liquidity solutions for healthcare providers holding pending IDR claims. We evaluate claim portfolios and, at our sole discretion, may offer to purchase the rights to such claims in exchange for immediate capital. Our services constitute the purchase of accounts receivable and do not constitute a loan, credit facility, or extension of credit.

The submission of an appraisal request through our website does not create any obligation on our part to make an offer, nor does it constitute an agreement to purchase any claims. All transactions are subject to our underwriting criteria, due diligence review, and execution of definitive purchase documentation.

3. Eligibility

Our services are available only to healthcare providers, medical practices, physician groups, hospitals, and other eligible entities that hold valid IDR claims arising under the No Surprises Act. By using our services, you represent and warrant that: (a) you are a duly organized entity authorized to conduct business; (b) you have the legal authority to enter into binding agreements regarding the claims you submit; (c) you are not subject to any bankruptcy, insolvency, or similar proceedings that would impair your ability to assign claims; and (d) you are in compliance with all applicable federal and state healthcare regulations.

4. Representations and Warranties

By submitting information through our website, you represent and warrant that:

• All information provided is true, accurate, complete, and not misleading;
• You have valid ownership of and clear title to any claims submitted for evaluation;
• The claims have not been previously sold, assigned, pledged, or encumbered;
• The claims arose from legitimate healthcare services rendered in compliance with applicable law;
• You have obtained all necessary patient authorizations and consents required under HIPAA and applicable state law;
• The claims are not subject to any pending investigation, audit, or enforcement action by any governmental authority;
• You will promptly notify us of any material changes to the status of any claims under evaluation.

5. No Guarantee; Discretionary Offers

We make no guarantee that we will make an offer to purchase any claims submitted for evaluation. All purchase decisions are made at our sole and absolute discretion based on our proprietary underwriting criteria. Factors that may affect our decision include, but are not limited to: claim type and value, payer history, arbitration status, documentation quality, regulatory considerations, and portfolio concentration. We reserve the right to decline any transaction for any reason or no reason.

6. Confidentiality and Data Protection

We treat all information submitted through our website as confidential business information. We will not disclose your information to third parties except: (a) as necessary to evaluate your claims, including to our attorneys, accountants, and advisors bound by confidentiality obligations; (b) as required by law, regulation, or legal process; (c) in connection with a merger, acquisition, or sale of our business; or (d) with your prior written consent.

To the extent you submit Protected Health Information ("PHI") as defined under HIPAA, we will handle such information in accordance with applicable privacy and security regulations. Prior to the exchange of PHI, we will execute a Business Associate Agreement as required by 45 CFR § 164.502(e).

7. Intellectual Property

All content, trademarks, logos, and intellectual property displayed on this website are the property of Arbor Claims or our licensors. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent. Your use of our website does not grant you any ownership rights in our intellectual property.

8. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBOR CLAIMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Arbor Claims and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our website or services; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; (d) any misrepresentation or breach of warranty by you; (e) your infringement of any third-party rights; or (f) any dispute between you and any third party regarding the claims you submit.

11. Dispute Resolution and Arbitration

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator with experience in financial services. The seat of arbitration shall be New York, New York. The language of arbitration shall be English.

Class Action Waiver: YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. To the extent litigation is permitted under these Terms, you consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.

13. Regulatory Disclosures

Arbor Claims is not a bank, credit union, or licensed lender. Our purchase of accounts receivable is structured as a true sale of assets and does not constitute a loan or extension of credit. We are not required to hold a lending license to conduct our business operations. However, certain state laws may impose registration, licensing, or disclosure requirements on accounts receivable purchasers. We comply with all applicable federal and state regulations governing our business.

Nothing on this website or in our communications constitutes financial, legal, tax, or investment advice. You should consult with qualified professionals before making any financial decisions regarding your claims.

14. Modification of Terms

We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of our website or services after such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

16. Entire Agreement

These Terms, together with our Privacy Policy and any definitive purchase agreements executed between the parties, constitute the entire agreement between you and Arbor Claims regarding the subject matter hereof and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.

17. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

18. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Arbor Claims.

19. Contact Information

For questions regarding these Terms of Service, please contact:

Arbor Claims
Email: inquiries@arborclaims.com
New York, NY