TERMS AND CONDITIONS – USE OF SITE

These Terms and Conditions were last updated October 1, 2019.

These Terms and Conditions of Use (“Terms; “Terms and Conditions”) govern your use of this site, which is provided by Encore Holdings, Inc, dba IGR Mortgage Services (“us”; “we”; “our”; “IGR Mortgage Services”). By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use are subject to change by IGR Mortgage Services, at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Condition of Use prior to every use for any changes. By accessing or using this Site you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not use the site.

ACCESS TO THIS SITE

You must be eighteen (18) years or older to access this website. Any person under eighteen years of age is not permitted to access this website for any reason. It is our policy to comply with all applicable laws related to children’s privacy. No information obtained by this web site falls within the Child Online Privacy Act (COPA) due to the age restrictions for use and is not monitored as doing so. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If IGR Mortgage Services believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

LINKS TO OTHER WEBSITES

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. IGR Mortgage Services has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Orchard Funding, and you acknowledge that Orchard Funding is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by IGR Mortgage Services and or its subsidiaries herein referred to as IGR Mortgage Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from IGR Mortgage Services is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Condition of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of IGR Mortgage Services. Permission is granted only when certain limited criteria are met.

DISCLAIMER OF WARRANTIES

All materials, Information, Software, Products, and Services included in or available through this site (THE “CONTENT”) are provided as is and as available for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, Fitness for a particular purpose, or noninfringement. IGR Mortgage Services and its licensors do not warrant that the content is accurate, Reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances shall IGR Mortgage Services or its licensors be liable for any direct, indirect, punitive, incidental, Special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if an IGR Mortgage Services representative has been advised of the possibility of such damage. Because some IGR Mortgage Services jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, IGR Mortgage Services’ liability in such jurisdictions shall be limited to the extent permitted by law.

INDEMNIFICATION

Upon a request by IGR Mortgage Services, you agree to defend, indemnify, and hold
IGR Mortgage Services harmless and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. IGR Mortgage Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.

GOVERNING LAW; VENUE AND JURISDICTION; ARBITRATION

By visiting or using this site, you agree that the laws of the State of Oregon, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these terms. By agreeing to the terms and using the Services, you agree to submit to personal jurisdiction in Oregon for all purposes, and you agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. Unless otherwise agreed in writing by you and us, any dispute arising out of or relating to the terms, or any breach thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, or such arbitration body as required by law, rule or regulation, and final judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language before a single arbitrator in Oregon. Such arbitration must be commenced within one year after the claim or cause of action arises. Notwithstanding the foregoing, either we or you may apply to any court of competent jurisdiction for injunctive relief without breach of this arbitration provision.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and IGR Mortgage Services with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and IGR Mortgage Services with respect to this site. If any part of these Terms and Condition of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

YOUR PRIVACY

IGR Mortgage Services follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information.

Information We Collect:
Generally, you control the amount and type of information you provide to us when using our Website. As a Visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personally Identifiable Information as a Visitor.

Computer Information Collected:
When you use our Website, we automatically collect certain computer information by the interaction of your mobile phone or web browser with our Website. Such information is typically considered Non Personal Information. We also collect the following:

Cookies:
Our Website uses “Cookies” to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Identifiable Information in Cookies.

Automatic Information:
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our Website, if any, as well as the name of the website to which you’re headed when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet Website provider name, web browser type, type of mobile device, and computer operating system. We use all of this information to analyze trends among our Users to help improve our Website.

How We Use Your Information:
We may use the Personally Identifiable information you provide to us along with any computer information we receive to customize our Website. We retain the right to collect and use any Non Personal Information collected from your use of our Website and aggregate such data for internal analytics that improve our Website and Service as well as for use or resale to others. At no time is your Personally Identifiable Information included in such data aggregations.

Legally Required Releases of Information:
We may be legally required to disclose your Personally Identifiable Information, if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties; and/or (e) necessary to protect the legal rights, personal/real property, or personal safety of IGR Mortgage Services, a division of Encore Holdings, Inc. an Oregon corporation, our officers, employees, and affiliates.

Questions About Our Terms and Conditions, Privacy Policy or other site content please contact us:

IGR Mortgage Services, a division of Encore Holdings, Inc.
52 Galen St
Lake Oswego OR 97035
Phone: 503-504-2660
email: [email protected]
Scott E. Shankland, President-Owner.