Portfolio Escrow: Terms of Use

Last updated Aug 27, 2024

Our Contract (E-SIGN)

You are entering a binding contract with Portfolio Escrow, and their parents, subsidiaries, and affiliates (the "Company," "us," "we," and "our"). By (1) using this website www.PortfolioEscrow.com ("browsewrap"), and (2) by submitting your information and clicking to agree to these Terms of Use and Privacy Policy ("clickwrap"), you agree that you are giving your express written consent to all the terms below, as well as our Privacy Policy, both of which contain an Arbitration Agreement and Class Action Waiver. You agree that your doing so constitutes your electronic signature and is equivalent to a written signature. You may choose to receive this contract on paper by calling us at (808) 261-0616 or emailing us at [email address]. You may withdraw this consent by using the opt-out procedures described in the "Our Communications With You" section below.

By accessing www.PortfolioEscrow.com, you are consenting to the information collection and use practices described in the Privacy Policy.

Our Communications With You (TCPA Consent for United States Residents)

Express Written Consent. By submitting your contact information, you are providing your express written consent to receive communications from us at the email address and telephone numbers you entered into our contact form, or that you later provide to us or enter into your contact page.

E-mails, Calls, and Texts. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including SMS and MMS).

Autodialing. We may use an automatic telephone dialing system (or "auto-dialer"), which may employ an artificial or pre-recorded voice or "robotexts." Your carrier's standard rates and charges may apply.

No Purchase Necessary. Agreeing to these communications is not a condition of purchasing any property, goods, or services from us.

Revoking Consent and Opting Out. You may revoke your consent to receive communications at any time by replying "stop" to any of our texts or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out, but reply "stop" will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply "stop." You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the "unsubscribe" link in an email or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but "unsubscribe" will automatically revoke your consent to further email communications, and we recommend that method. We may take up to 30 days to stop email communications if you use a method other than "unsubscribe."

Communication Frequency. How often we send you communications will vary because the individual salesperson who communicates with you will determine it.

Your consent here also serves as your express written consent to electronic communications from us in the past.

You represent and warrant that:

You are at least 18 years old.
You live in the United States (or Canada, in which case the Canadian consents below apply).
You have not registered on a national or statewide Do Not Call list.
You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent.
The email addresses and phone numbers you provided are accurate, and you will let us know if you release them to another person or individual.
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Additional Communications Provisions (For Residents of Canada)

READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS DESCRIBED BELOW. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general, or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court, and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms of Use and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his, or her respective rights to a trial before a jury in connection with the Claim. It can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms "we," "us," and "our" mean "us" as defined above, our parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns, and any of their employees, officers, and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or services in connection with the Terms of Use and Privacy Policy if such third party is named as a party by you in any lawsuit between you and us.

Your Right to Reject Arbitration: You may reject this Agreement by mailing a rejection notice to 12 Corporate Plaza Drive, Suite 120, Newport Beach, California 92660, Attn. Terms of Use and Privacy Policy Arbitration Rejection, within 30 days after you agree to these terms of use. Any rejection notice must include your name, address, and telephone number; the date you agreed to the Terms of Use that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the Terms of Use and Privacy Policy but will not affect any term of any other contract between you and us (including, without limitation, any prior or subsequent agreement), nor will it change your obligation to arbitrate claims or matters covered by any prior or subsequent agreement to arbitrate, including each agreement to arbitrate that arises pursuant to the Terms of Use on the Company's website, which is not the subject of a valid rejection notice.
What Claims Are Covered: "Claim" means any claim, dispute, or controversy between you and us, whether preexisting, present, or future, that in any way arises from or relates to the Terms of Use or Privacy Policy, your use of this website, your Account, any transaction in your Account, the events leading up to the Terms of Use or Privacy Policy (for example, any disclosures, advertisements, promotions, or oral or written statements, warranties, or representations made by us), communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms of Use or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of any and all of the obligations a party hereto may have to another party, compliance with applicable laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing. "Claim" has the broadest possible meaning and includes initial claims, counterclaims, cross-claims, and third-party claims and federal, state, local, and administrative claims and claims that arose before the effective date of this Arbitration Agreement. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity, and claims for money damages and injunctive or declaratory relief. However, "Claim" does not include: (i) any dispute or controversy about the validity, enforceability, coverage, or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below, subparts (A) and (B) of the part (k) set forth below titled "Rules of Interpretation" and/or this sentence); all such disputes or controversies are for a court and not an arbitrator to decide; but disputes about the validity or enforceability of the Terms of Use or Privacy Policy as a whole are for the arbitrator and not a court to decide; (ii) seeking and obtaining from a court of competent jurisdiction (notwithstanding ongoing arbitration and without waiver of rights under this Arbitration Agreement) provisional or ancillary remedies, including but not limited to injunctive relief, temporary restraining orders, property preservation orders, foreclosure, sequestration, eviction, attachment, replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising of any self-help or non-judicial remedies by you or us; (iv) any individual action in court by one party that is limited to preventing the other party from using a self-help remedy and that does not involve a request for damages or monetary relief of any kind; or (v) any individual action brought by you against us in small claims court or your state's equivalent court, if any. But if that action is transferred, removed, or appealed to a different court, we then have the right to choose arbitration. Moreover, this Arbitration Agreement will not apply to any Claims that are the subject of a class action filed in court that is pending as of the effective date of this Arbitration Agreement in which you are alleged to be a member of the putative or certified class.
Electing Arbitration; Starting an Arbitration Proceeding: Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration of the Claim. This notice may be given before or after a lawsuit has been filed concerning the Claim or with respect to other Claims brought later in the lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to compel arbitration. Each of the arbitration administrators listed below has specific rules for starting an arbitration proceeding. Regardless of who elected arbitration or how arbitration was elected, the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) is responsible for starting the arbitration proceeding. Thus, if you assert a Claim against us in court, and we elect to arbitrate that Claim by filing a motion to compel arbitration, which is granted by the court, you will be responsible for starting the arbitration proceeding. Similarly, if we assert a Claim against you in court, and you elect to arbitrate that Claim by filing a motion to compel arbitration, which is granted by the court, you will be responsible for starting the arbitration proceeding. You may choose from any of the following arbitration administrators: (i) American Arbitration Association Website: www.adr.org Telephone: 800-778-7879 | (ii) JAMS Website: www.jamsadr.com Telephone: 800-352-5267
Arbitration Costs and Fees: The arbitration administrator will charge the party asserting the Claim (i.e., the party seeking money damages or other relief from a court or an arbitrator) an initial filing fee and, if applicable, the arbitrator's compensation, if any. If under the applicable rules we are obligated to pay the initial filing fee and/or the arbitrator's compensation, and you demonstrate to us that you cannot pay the initial filing fee or the arbitrator's compensation, we will consider advancing or paying that fee or compensation on your behalf. Similarly, if you assert a Claim against us in court, and we elect to arbitrate that Claim and you demonstrate to the court that you cannot pay the initial filing fee or the arbitrator's compensation, the court will consider advancing or paying that fee or compensation on your behalf.
Location and Manner of Arbitration Hearings: If you and we elect to arbitrate a Claim, you may choose one of the following locations as the place of the arbitration hearing: (i) the federal judicial district where you reside; (ii) the federal judicial district in which the Claim arose; (iii) the federal judicial district in which the property in dispute is located, if any; or (iv) any other location agreed to by you and us. Regardless of which party elects arbitration, we will ensure that any hearing takes place at a location that is reasonable for you. We may choose one of the following locations as the place of the arbitration hearing: (i) the federal judicial district where we reside; (ii) the federal judicial district in which the Claim arose; (iii) the federal judicial district in which the property in dispute is located, if any; or (iv) any other location agreed to by you and us.
Selection of Arbitrator: If you and we elect to arbitrate a Claim, you and we will jointly select a single neutral arbitrator. If you and we cannot agree on the selection of a single arbitrator within 30 days after the election to arbitrate, each of us will propose a single arbitrator, and the two arbitrators proposed by you and us will select the neutral arbitrator. If the two arbitrators selected by you and us cannot agree on the selection of a neutral arbitrator within 30 days after their selection, the selection will be made by the arbitration administrator. Once selected, the arbitrator will have the authority to decide the Claim.
Arbitration Procedures: The arbitration will be conducted in accordance with the administrator's rules in effect at the time the Claim is filed, except to the extent those rules conflict with this Arbitration Agreement. If there is a conflict between the administrator's rules and this Arbitration Agreement, this Arbitration Agreement will control. All issues are for the arbitrator to decide, except as expressly stated herein. The arbitrator may order a motion to be filed and decided before the arbitration hearing, either orally at a pre-hearing conference or in writing. If you and we agree in writing, the arbitrator may decide the Claim by a summary disposition procedure, which may include the making of findings of fact and conclusions of law. Regardless of how the arbitration proceeds, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment of attorneys' fees and costs, in addition to any damages, award, or other remedy.
Appeal: Either party may appeal a final award to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider any aspect of the initial award objected to by the appealing party. The decision of the panel must be by a majority vote and will be final and binding, except for any appellate right that exists under the FAA.
Limited Time to File Claims: TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A CLAIM AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY FILING A LAWSUIT OR A CLAIM IN ACCORDANCE WITH THIS SECTION) WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE; OTHERWISE, IT WILL BE FOREVER BARRED.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Rules of Interpretation:
1. If any part of this Arbitration Agreement, other than the waiver of class action rights, is deemed or found to be unenforceable for any reason, the remainder of this Arbitration Agreement shall remain in full force and effect and shall be construed as if such unenforceable part or parts were not contained herein. However, if the waiver of class action rights is deemed or found to be unenforceable for any reason in a case in which class action allegations have been made, then this entire Arbitration Agreement shall be deemed unenforceable as to that case and the class action allegations alone.
2. Notwithstanding any other term of this Arbitration Agreement or the rules of the arbitration administrator, a party may litigate in small claims court any Claim that is within the court's jurisdiction and proceeds on an individual (non-class) basis.
Notice of Claim; Right to Resolve; Special Payment: Prior to initiating, joining or participating in any judicial or arbitration proceeding regarding any Claim, the Claimant (the party who asserts or seeks to assert a Claim in a lawsuit or arbitration proceeding) shall give the other party written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice you send must include your name, address, telephone number and loan or account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any arbitration fees and attorneys' fees and costs to which you may be entitled under this Arbitration Agreement or applicable law). We encourage you to address all Claims you have in a single Claim Notice and/or a single arbitration. Accordingly, this $7,500 minimum award is a single award that applies to all Claims you have asserted or could have asserted in the arbitration, and multiple awards of $7,500 are not contemplated by this Section.

Governing Law

We agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and the Company or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Portfolio Escrow ON AN "AS IS" AND "AS AVAILABLE" BASIS. Portfolio Escrow MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Portfolio Escrow DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Portfolio Escrow DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Portfolio Escrow WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF Portfolio Escrow HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Purpose of Our Website

The purpose of www.PortfolioEscrow.com is to allow our users to gain access to our company and products. To gain access to this network, you must submit certain personal information. This information will be used by www.PortfolioEscrow.com to assist you in developing your business. To assure the value of the services to be provided to you, you agree that you will provide accurate and complete information.

Copyright

Portfolio Escrow authorizes you to copy documents published by Portfolio Escrow on the World Wide Web for personal or non-commercial use only, provided any copy of these documents that you make shall retain all copyright and other proprietary notices contained herein. Except as expressly provided, nothing contained in this paragraph shall be construed as conferring any license or right under any Portfolio Escrow copyright. No materials available on the Portfolio Escrow Web site may be stored, transmitted by any means (including but not limited to electronic, mechanical, scanning, photocopying or recording) without prior written permission Portfolio Escrow.

Trademarks and Intellectual Property Disclaimer

Portfolio Escrow, the Portfolio Escrow logo, and all product names appearing on our Web sites are among the trademarks and/or service marks owned by Portfolio Escrow, or its subsidiaries or affiliates, and no trademark or service mark or other license is granted in connection with the materials contained on any Portfolio Escrow Web site.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of Portfolio Escrow or any third party. Portfolio Escrow makes no representations or warranties that any use of the information contained on this Web site will not infringe any such patent, trademark or other intellectual property right of Portfolio Escrow or any third party.

Should you view the Portfolio Escrow Web site and respond with information (excluding personal information, which is addressed under the Privacy Policy) including questions, comments or suggestions regarding the content of the Portfolio Escrow Web site, such information shall be deemed to be non-confidential and Portfolio Escrow shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Portfolio Escrow shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

License

Portfolio Escrow grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with the express written consent of Portfolio Escrow. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Portfolio Escrow.

Links to Other Sites

From time to time, Portfolio Escrow may include on its site third party service providers. Portfolio Escrow may post information about, or links to, these companies as a service to its users who may be interested in such services. Portfolio Escrow is not responsible for the contents of any link to or from this site. We do not endorse the policies or practices of, or opinions expressed on, other websites linked to or from this site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization.

Your Consent to Future Changes

You agree that we may change the website, these Terms of Use, and our Privacy Policy at any time. If we change these Terms of Service or some part of them, they will become effective immediately on posting of the updated or revised Privacy Policy on this web page regardless of whether or not you have actual notice of the changes. You should review our Terms of Use and Privacy Policy periodically for changes. Additionally, you agree that any use of the website following our publication of any changes to these Terms of Service or Privacy Policy will expressly reaffirm your express written consent to the Terms of Use, and acceptance of the changes. Should you wish to opt-out of such future changes, you must communicate your request to opt-out to us in writing, either by email at [EMAIL ADDRESS] or at this address: Portfolio Escrow, 12 Corporate Plaza Drive, Suite 120, Newport Beach, California 92660. The opt-out shall be effective 10 days after receipt. In the event you opt-out, our agreement will continue to be governed by the Terms of Use in effect at the time you originally submitted your information, or at the time of the last update to which you did not opt-out.

Portfolio Escrow LLC
12 Corporate Plaza Drive, Suite 120, Newport Beach, California 92660
Phone: (949) 270-0040