You represent and warrant that you are at least 18 years of age and you possess the legal capacity to agree to these Terms.
Gregory Funding, its affiliates and successors (together, "Gregory Funding") reserves the right, in its sole discretion, to change these Terms at any time by updating this posting. You agree to be bound by the changed Terms through your continued use of this Site. Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to be bound by the amended Terms.
To use or access certain features or functions of this Site, you may be required to register with Gregory Funding. In return for your use of this Site, you agree to (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and promptly update the registration information to keep it true, accurate, current and complete.
Please read this Electronic Communications Disclosure and Consent Agreement (“Disclosure”) thoroughly – It contains important information about your legal rights.
This Disclosure covers all of your accounts, products, and services with Gregory Funding LLC (“Gregory”) and its affiliates (collectively, “we”, “us”, and “our”) accessible, either currently or in the future, through our websites, or other electronic means (“Online Services”). The words “I”, “you” and “your” mean each account holder, product owner and/or service user identified on an account, product or service.
1. Your Legal Rights
Certain laws and regulations require us to provide specific information to you in writing, which means you have a right to receive that information on paper. We may provide such information to you electronically if we first present this Disclosure and obtain your consent to receive the information electronically. Your consent will also apply to any other person named on your account, product or service, subject to applicable law. By providing your consent to receive communications electronically from us, you confirm that you have the hardware and software needed to receive and access this information.
2. Types of Electronic Communications You Will Receive
You understand and agree that we may provide to you in electronic format only, by posting the information on Gregory’s secure website where you access your account(s), through e-mail (if applicable and if you have provided a valid e-mail address), or other electronic means, agreements, disclosures, statements, notices, and other information and communications regarding your accounts, services and products, the use of our websites or our other electronic services, your relationship with us, and/or other programs, products or services that are or may be in the future made available to you (collectively, “Communications”). Such Communications may include, but are not limited to:
· This Disclosure and any updates;
· The service or user agreements for access to our websites or other electronic services, all updates to these agreements and all disclosures, notices and other communications regarding transactions you make through websites or our other electronic services;
· Disclosures, agreements, notices and other information related to the opening or initiation of an account, product or service including, but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm Leach Bliley Act, the Real Estate Settlement Procedures Act or other applicable federal or state laws and regulations;
· Periodic, annual, monthly or other statements, disclosures and notices relating to the maintenance or operation of an account including, but not limited to, account information, account activity, account inactivity, payments made or due, or other statements, disclosures or notices that may be required by the Electronic Fund Transfer Act, Truth in Lending Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act, the Real Estate Settlement Procedures Act (“RESPA”) or other applicable federal or state laws and regulations;
· Any notice or disclosure regarding an account, product or service fee, such as a late fee, a fee for a draft, check or electronic debit returned for any reason, such as insufficient funds fee or a fee as a result of a stop payment order;
· Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to accounts, products or services you obtain from us;
· Certain tax statements or notices that we are legally required to provide to you, such as annual IRS interest statements; and
· Certain information or forms that we request from you and ask you to submit electronically.
3. Types of Communications You Will Receive in Paper
This Disclosure does not apply to any communications that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. Such communications shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
4. Hardware and Software Requirements
Most Communications provided electronically are either in HTML and/or PDF format.
In certain circumstances, some Communications may be provided by e-mail. You are responsible for providing us with a valid e-mail address to accept delivery of Communications. At our option, we may also post the emailed Communications within our websites. In this situation, you agree that once we email the Communications to you and post them within our websites, that we have delivered the Communications to you in a form that you can retain.
To print or download Communications you must have a printer connected to your device or sufficient hard-drive or other storage space to store the Communications.
5. How to Withdraw Your Consent
Subject to applicable law, you may withdraw your consent to this Disclosure by contacting us in writing at Gregory Funding LLC, PO Box 230579, Tigard, OR 97281-0579, Attn: Compliance Counsel. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. You will not be charged a fee to process the withdrawal of your consent to receive electronic Communications, however your access and use of the Online Services may be terminated. Any withdrawal of your consent is effective only after Gregory has had a reasonable period of time to process your withdrawal.
Consent Coverage; Certain Notices from You Are Not Covered. Applicable law or contracts sometimes require you to give us “written” notices. You must still provide these notices to us on paper. Your consent here does not relate to those notices.
6. Obtaining Copies of Electronic Communications
You may print or make a copy of Communications by using the “Print” button (or otherwise using your printing functionality) or saving a copy – do this when you first review the Communications because after submission we do not necessarily keep them all in a place that you can access.
Upon request, we will provide you with a paper copy of any Communications provided electronically by us to you pursuant to this Disclosure, provided we receive your request within 12 months after the date the Communication was first made available to you electronically. You may request a paper copy of these Communications by calling us at 866-712-5698.
Be sure to specify your account number, the specific Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of the Communications.
7. Updating Your Contact Information
It is your responsibility to provide us with true, accurate, and complete information. In the event that your e-mail address or other contact information is changed, you must notify us of such changes immediately through one of the following methods:
· Access your online account and click on the Account Profile tab where you can update your contact information.
· Call us at 866.712.5698 and communicate the contact information changes.
If you fail to update or change an incorrect or invalid e-mail address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you if they were made available to you in electronic form on our websites, e-mailed to the e-mail address we have for you in our records, or delivered through other electronic means.
8. Retain Copies for Your Records
9. Termination / Changes
We reserve the right, at any time and at our sole discretion, to discontinue your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Everything you see, hear, or otherwise receive from or on this Site (the "Content"), except User Submissions as defined below, is copyrighted, trademarked, or otherwise protected as intellectual property owned or licensed by Gregory Funding or its licensors and is protected under U.S. and international law and treaties. Content includes, without limitation, text, images, graphics, artwork, illustrations, designs, icons, audio clips, video clips, sounds, photographs, trademarks, logos, documents, software, and the Site as a whole, and the selection, coordination, and arrangement of the Content. Except as expressly stated in these Terms, you may not use, reproduce, perform, display, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any Content without Gregory Funding’s prior written permission.
Most trademarks and service marks appearing on this Site, including, among others, GREGORY FUNDING and associated logos, banners, and page headers (the "Marks"), are owned by Gregory Funding. Other trademarks appearing on this Site are the property of their respective owners. Except as expressly set forth in these Terms, the use of any Gregory Funding trademark is prohibited without Gregory Funding’s prior written permission.
You may use or download Content solely for personal, noncommercial purposes, provided you do not alter any copyright, trademark, or other protected materials. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. Any change to the Content, or any part thereof, or use of the Content for any other purpose, is an infringement of Gregory Funding’s intellectual property rights. Use of the Content or the Marks on any other site or networked computer environments, whether by copying or framing the content of this Site or by other means, is prohibited without Gregory Funding’s prior written permission. The downloading or export of software or technical data from this Site to any jurisdiction in violation of U.S. export laws is prohibited. Gregory Funding may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service, or Content.
You promise to make only lawful use of the Site. You promise to make no use of the Site that violates anyone else’s rights, including copyright, trademark, trade secret, privacy or other rights. You agree that you will not: (a) use any spider, robot, scraper, avatar, intelligent agent or other automated data mining techniques to access the Site, extract, copy, download, store, reproduce, distribute or post Content; (b) interfere or attempt to interfere with the proper working of the Site or any other user’s use of the Site, including, without limitation, overloading, "flooding", "mailbombing" or "crashing" the Site; (c) insert any code or product or manipulate the Content in any way that affects any user’s experience or operation of the Site; (d) take any action that imposes or may impose, in Gregory Funding’s sole discretion, an unreasonable or disproportionately large burden on Gregory Funding’s electronic infrastructure; or (e) bypass other measures Gregory Funding may use to prevent or restrict access to this Site.
The Site may contain links to sites operated by third parties. Even if the third party is affiliated with Gregory Funding, Gregory Funding has no control over these linked sites. Any outside links are provided only as a convenience, and use of outside links is at your sole risk. Links from the Site do not constitute Gregory Funding’s endorsement of any third party, its website, or its goods or services. Gregory Funding is not responsible for any outside sites, services or other materials linked to or from the Site and disclaims all liability for any injury you may experience by using such materials.
Gregory Funding, in its sole discretion, may terminate or suspend your access to all or part of this Site, immediately and without prior notice or liability, for any reason or for no reason. Your failure to comply with these Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. If your access to this Site is terminated, the restrictions and obligations of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, licenses and restrictions regarding the Content, warranty disclaimers, and limitations of liability. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
You agree to defend, indemnify and hold harmless Gregory Funding and its officers, directors, owners, agents, employees affiliates, licensees and licensors from and against any and all claims, demands, liabilities, losses, damages, costs or expenses, including reasonable attorneys’ fees, due to or arising from or related to your use of the Site in violation of any of the Terms.
Limitation of Liability. GREGORY FUNDING SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF GREGORY FUNDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You understand that Gregory Funding does not commit that all Site functionality will be available at all times or that all consumers will be eligible to process payments at the Site or access the Site. You are responsible for allowing sufficient time to access the Site so that you can determine your eligibility to process a payment in advance and can process a payment timely using the Site payment functions.
If you are dissatisfied with the Site, any Contents, or any of the Terms, you may contact us at the following address:
ATTN: Errors & Inquiries
P.O. Box 230668
Tigard, OR 97281-0668
However, your only legal remedy is to stop using the Site.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. GREGORY FUNDING PROVIDES THIS SITE, ALL CONTENT, AND ALL SERVICES OFFERED THROUGH OR FROM THIS SITE ON AN "AS IS" BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, GREGORY FUNDING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT INCLUDED ON THIS SITE. TO THE FULL EXTENT ALLOWED BY LAW, GREGORY FUNDING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Some states do not allow certain limitations on implied warranties or on damages, so some of the above exclusions may not apply to you. Gregory Funding does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements. Gregory Funding does not warrant the availability and functionality of the Site on the wide range of browsers, devices, operating systems and other platforms that a consumer may wish to use.
Jurisdiction, Venue, Limitation Period. Gregory Funding displays this Site and the Content solely to market and promote Gregory Funding’s services in the U.S. Gregory Funding makes no representations that the Site is appropriate or available for use in other locations. Gregory Funding controls this Site from its offices in Portland, Oregon. The Terms shall be construed according to Oregon law, without regard to its conflicts of laws provisions. Any dispute arising under or relating to the Terms, Contents, your use of the Site, and the services offered on the Site, shall be resolved exclusively by the state and federal courts of the State of Oregon. By using the Site, you consent to the jurisdiction and venue of Oregon courts with respect to any such dispute. You and Gregory Funding hereby agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
If any provision of these Terms, or any portion thereof, is found to be void, unlawful or otherwise unenforceable for any reason, it shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. No waiver of any past or present right arising from any breach or failure to perform shall be deemed to be a waiver of any future right arising under these Terms. These Terms are the entire agreement between you and Gregory Funding concerning your use of this Site. These Terms supersede and cancel any prior written or oral agreement between you and Gregory Funding relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved. If you have any questions in connection with this Agreement, please send a written inquiry to Gregory Funding at:
ATTN: Errors & Inquiries
P.O. Box 230668
Tigard, OR 97281-0668