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Terms of Service
General Legal Information
This Web site is for informational purposes only. None of the information contained on this Web site constitutes a solicitation, offer, opinion, or recommendation by Orchard to buy or sell any securities or other financial instruments, or to provide legal, tax, or accounting advice, or services regarding the suitability, or profitability of any security or investment, or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be unlawful. Orchard is not acting as broker, dealer, underwriter, or placement agent in connection with any security referenced on this Web site. Investment advisory services are provided to clients by Orchard Platform Advisors, LLC (“OPA”), an SEC registered investment advisor headquartered in New York, NY, subject in each case to the terms and conditions of an executed services agreement between OPA and the client.
Any data and analytical materials displayed on this Web site are provided by Orchard for informational purposes only. Actual loan or business performance may differ significantly from historical performance or market data. Estimates and projections are based upon data provided by recipient and/or other sources that we deem to be reliable but we do not guarantee that such sources are complete, accurate, or free of errors or omissions. Any conclusions or estimates presented herein may become inaccurate over time. Unless expressly agreed to in writing, Orchard has no obligation to update any of the statements or analysis presented. These materials are provided pursuant to any definitive agreement you may have with Orchard or its affiliates. Subject to such agreement, if any, these materials are provided “as is” and without guarantees, assurances, or warranties of any kind, express or implied. Orchard does not provide and these materials do not constitute legal advice, tax advice, or accounting advice.
Loan purchases and similar transactions give rise to substantial risk and may not be suitable for all investors. No assurance can be made regarding the future performance of any loan, that loans purchased will perform in line with historical loans, or that specific loan categories will be available or suitable for purchase by particular investors. Loans can and do default, which may result in significant losses, including the loss of all principal invested. Investors in loans and related financial products should be financially sophisticated and prepared for significant losses. Investors may or may not be able to invest in loans that meet their desired characteristics. Loans are also subject to certain legal and regulatory risks that may render them unenforceable. Any graph, chart, formula, or other device represented or described herein should not be used exclusively and must be interpreted by an experienced and sophisticated investor in order to effectively assist in any investment decision.
Modification and Monitoring of Web Site
Orchard reserves the right (but does not have the obligation), in its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and to monitor any and all use of this Web site. Accordingly, please check the Terms of Service periodically for any changes. Your use of the Web site or any service on this Web site after the posting of such modifications will constitute your acceptance of the modified Terms of Service. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Service are expressly rejected by Orchard and shall be void.
Electronic Recording & Cookies
Access to the Site is not confidential and you hereby consent to our collection of information that you send to us and that we send to you through this Web site. You acknowledge and consent that Orchard may retain and use this information for its own internal purposes and that such recording applies to all information and data that you enter into this Web site. You acknowledge and agree that Orchard may store information on your computer using “cookies.” A cookie is a file containing information that a Web site sends to a local hard disk for access by the Web site at a later time for various Web site administration and related purposes.
You acknowledge and agree that any communication between you and Orchard via this Web site is not encrypted.
Restrictions on Use
The information provided on this Web site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject Orchard or its affiliates to any registration requirement within such jurisdiction or country. You may not use this Web site for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree not to use, transfer, dispose, or distribute any information on this Web site in any manner that could compete with Orchard’s business. You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use “frame” technology on, or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation, or exploit in any way material from Orchard’s Web site.
You may not in any way reproduce or circumvent the navigational structure or presentation of the Web site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web site. Orchard reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Web site, or any other systems or networks connected to the Web site or to any Orchard server, or to any of the services offered on or through the Web site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Web site or any network connected to the Web site, nor breach the security or authentication measures on the Web site or any network connected to the Web site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web site, or any other customer of Orchard, including any Orchard account not owned by you, to its source, or exploit the Web site or any service or information made available or offered by or through the Web site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web site or Orchard’s systems or networks, or any systems or networks connected to the Web site or to Orchard.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction being conducted on the Web site, or with any other person’s use of the Web site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Orchard on or through the Web site or any service offered on or through the Web site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Disclaimer of Warranty
DATA, SOFTWARE OR INFORMATION (THE “MATERIALS”) PROVIDED BY ORCHARD, OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED BY ORCHARD ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ORCHARD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL ORCHARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE MATERIALS.
THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION OR DOWNLOADING OR USING ANY SOFTWARE, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST Orchard.
Limitation of Liability
In no event shall Orchard, nor any of its affiliates, directors, officers or employees, nor any third party provider be liable to users of this Web site for: (1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Materials or other matters presented at the Web site; 2) any errors, omissions or inaccuracies in the Materials presented in this Web site regardless of how caused, or delays or interruptions in delivery of the Materials or other matters presented in this Web site; 3) any decision made or action taken or not taken in reliance upon the Materials or other matters presented in this Web site; 4) any damages or injury resulting from your access to this Web site, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or (5) any other direct, special, indirect, or consequential damages, or loss of profits or any other damages of any kind even if Orchard or any other party has been advised of the possibility thereof. Any Materials downloaded or otherwise obtained through the use of this Web site is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Materials.
Waiver and Indemnity
Your use of the Web site may include the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS WEB SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Orchard is not responsible for typographic errors.
As a user of the Web site, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Orchard of any security breach of your Account. Orchard shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, the Web site (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that Orchard may store and use the Registration Data you provide for use in maintaining your Account.
You may not use anyone else’s Registration Data at any time without the express permission and consent of the holder of that Registration Data. Orchard will not be liable for any loss or damage arising from your failure to comply with these obligations.
Web Site Content; Copyrights
This Web site, including but not limited to the text, content, photographs, software, images, video, audio, and graphics contained in this Web site are protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of the United States and other countries as a collective work and/or compilation. Unless otherwise indicated, Orchard or its affiliates owns a copyright in all content as well as the selection, coordination, arrangement, and enhancement of such content. Reproduction or citation of such content, information, products, or software without Orchard’s prior written consent is expressly prohibited. Users agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, decompile, or dissemble any Materials appearing on this Web site.
The Web site may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to Orchard and interaction between users and Orchard. Regarding any content you or another user posts to this Web site, you agree and acknowledge that:
You shall not upload to, or distribute or otherwise publish on the Web site any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
You will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
You will not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.
You will not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
The Web site may offer interactive features that allow you to submit materials (“Submissions”) (including links to third-party content) on areas of the Web site accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses in connection with Submissions. You agree to provide accurate and complete information in connection with your Submission of any materials on Web site. Any Submissions you make to the Web site may be edited, removed, modified, published, transmitted, and displayed by Orchard and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You grant Orchard a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Orchard to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Web site.
Orchard reserves the right (but does not have the obligation) to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
By making a Submission, you are consenting to its display on the Web site and for related online and offline promotional uses.
Users agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Web site. Unauthorized use of this Web site and the Materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Orchard respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on this Web site, please contact us using the form provided in the Contact menu. In your notification, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
A description of the copyrighted work that you claim has been infringed;
A description of where on our site the material is located;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you’re the copyright owner or authorized to act on behalf of the copyright owner.
Third Party Materials
Certain content and services available via the Web site may include materials from third parties. Orchard may provide links to third-party websites as a convenience to you. You agree that Orchard is not responsible for examining or evaluating the content or accuracy and Orchard does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Orchard is not in any way responsible for any such use by you.
Orchard, at its sole discretion, at any time, for any reason or no reason and without notice to you may: (i) terminate this agreement and/or your access to the Web site, and/or (ii) terminate the license to any software; and/or (iii) preclude access to the Web site (or any part thereof).
Orchard reserves the right to modify, suspend, or discontinue the Web site or any associated services (or any part or content thereof) at any time with or without notice to you, and Orchard will not be liable to you or to any third party should it exercise such rights.
The trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on this Web site are registered and common law trademarks of Orchard and various third parties. Nothing contained on this Web site should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of Orchard or such other party that may own the Trademarks.
ORCHARD PLATFORM and the ORCHARD logo are trademarks or service marks of Orchard.
All other brand and product names appearing on this site may be the trademarks or service marks of their respective owners.
Use of Links
Users may include a link to the www.orchardplatform.com Web site: (i) in a simple list of companies, by linking to the www.orchardplatform.com homepage; or (ii) in a list of companies that offers descriptions along with links, provided that Orchard has approved such description.
Linking to other pages or content within the www.orchardplatform.com Web site is prohibited, unless expressly permitted by Orchard.
Orchard has not developed, checked for accuracy, or otherwise reviewed other web sites linked to this Web site and is not responsible for the content of any web site linked to this Web site. Orchard provides links to other web sites solely as a convenience to the users of this Web site. Linking to any other web site is done at the risk of the user. By providing access to the linked web sites, neither Orchard nor its third party providers are recommending the purchase or sale of the stock nor endorsing the services provided by the web sites’ sponsoring organization. Orchard has not tested any information, software, or products found on any of the web sites linked to this Web site, and therefore Orchard does not make any representations with respect thereto, including any representations regarding the content or sponsors of the web site, or the suitability or appropriateness of the products or transactions described therein.
If any provision of the Terms of Service is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
The Terms of Service shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with this Web site or from a dispute as to the interpretation or breach of the Terms of Service.
The Terms of Service constitutes the entire agreement between user and Orchard relating to the use of this Web site. Users may also be subject to additional terms and conditions that may apply when users use affiliate services, third-party content or third-party software.
Use Subject to Agreements
The products and services described in this Web site are subject to these disclosures and disclaimers. If you are a customer, use of such products and services are also subject to the various agreements you have with Orchard.
Last updated: July 16, 2015