PRIVACY AND SECURITY

OHCS respects your privacy and permits you to control the treatment of your personal information. OHCS’ privacy policy is set forth below and is expressly incorporated into these Terms by reference. When you open an account to use or access certain portions of this Website or utilize the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify OHCS immediately of any unauthorized use of your account, username, or password. OHCS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by OHCS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

Ownership - This Website is owned and operated by or on behalf of OHCS. All rights, title, and interest in and to the materials provided on this Website, including but not limited to information, documents, logos, graphics, sounds, and images (the Materials) are owned either by OHCS or by its respective third party authors, developers, or vendors (Third Party Providers).Subject to the limited permissions granted below, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Website shall be construed to confer any license under any of OHCS’ intellectual property rights, whether by estoppel, implication, or otherwise. OHCS does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by or on behalf of OHCS. Any rights not expressly granted herein are reserved by OHCS.

Limited Permission - OHCS hereby grants you permission to download, view, copy, and print the Materials on any single, stand-alone computer solely for your personal or internal business purposes, provided that (i) the Materials are not used on any other website or in a networked computer environment and (ii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials except as may be required to comply with your internal business processes or as may otherwise be required by applicable law. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Third Party Sites - This Site may contain links to w websites controlled by parties other than OHCS (Third Party Sites). OHCS works with a number of third parties (Third Parties) in order to provide all of the Services OHCS is not responsible for, and does not endorse or accept any responsibility for, the availability, the contents, the products, the services or the use of the Third Party Sites or any other website accessed from a Third Party Site, or any changes or updates to such Sites. OHCS makes no guarantees about the content or quality of the products or services provided by such Sites. OHCS is not responsible for webcasting or any other form of transmission received from any Third Party Site. OHCS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OHCS of and of the Third Party Sites. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that OHCS is not responsible for any loss or damage of any sort you may incur from dealing with or using any Third Party Sites. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

LIMITATION OF LIABILITY - IN NO EVENT SHALLOHCS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF OHCS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ANY LIABILITY OHCS MAY HAVE UNDER THESE TERMS IS LIMITED BY ARTICLE XI, SECTION 7 OF THE OREGON CONSTITUTION AND THE OREGON TORT CLAIMS ACT, ORS 30.260 THROUGH 30.300.

Indemnification - You agree to defend, indemnify and hold harmless OHCS, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website and the Materials.

Compliance with Intellectual Property Laws - When accessing OHCS or using OHCS documents, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. OHCS has adopted a policy that provides for the immediate removal of any content, article, or materials that have infringed upon the rights of OHCS or of a third party or that violate intellectual property rights generally OHCS policy is to remove such infringing content or materials and investigate such allegations immediately. If you believe that your copyright has been infringed, and you would like OHCS to remove the material in question, please contact us immediately at __housinginfo@oregon.gov

Inappropriate Content - When accessing the OHCS Website or using the Services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (a) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. OHCS reserves the right, in its sole discretion, to terminate or delete such material from its servers. OHCS will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

Compliance with Export Restrictions - You may not access, download, use or export the Website or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.

Governing Law - By using this Website and any of the Services, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Oregon, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be conducted exclusively within the Circuit Court of Marion County, Oregon or, if necessary, the United States District Court for the District of Oregon. IN NO EVENT SHALL THIS PROVISION BE CONSTRUED AS A WAIVER BY THE STATE OF OREGON OR OHCS OF ANY FORM OF DEFENSE OR IMMUNITY, WHETHER IT IS SOVEREIGN IMMUNITY, GOVERNMENTAL IMMUNITY, IMMUNITY BASED ON THE ELEVENTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES OR OTHERWISE, FROM ANY CLAIM OR FROM THE JURISDICTION OF ANY COURT. YOU AND OHCS AGREE EXCLUSIVELY AND IRREVOCABLY TO SUBMIT TO THE IN PERSONAM JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.

Copyrights & Trademarks - All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2020 - 2021, OHCS ALL RIGHTS RESERVED.OHCS, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of OHCS. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Authorization to Share Information - OHCS agrees to maintain the confidentiality of your information; however, you authorize OHCS and its Affiliates to release/exchange information from your records in order to assist you with Program implementation and administration. This information will be released only to those institutions, companies and agencies with which OHCS has contractually agreed to assist in Program implementation and administration and has similar contractual confidentiality requirements This authorization will remain valid until revoked in writing by the user. In addition, by submitting an LCF Application for the Funds, you expressly authorized OHCS to share tenant related information with the applicable tenant for purposes of confirming the accuracy of the information provided by you

WARRANTY - THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OHCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OHCS MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. OHCS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Acknowledgement - BY USING OHCS’ SERVICES OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

Oregon Housing Community Services ©2020 — 2021.