Acceptance of Terms
Use of Website
You may access and view the material on the Website solely for informational purposes and for use within your organization. You may not copy, distribute, post, transmit, or otherwise use any materials obtained from the Website for any other purposes without the express permission of Orchard, and if such permission is granted, you must retain all copyright and other proprietary notices on any copies of the materials.
The materials on the Website, as well as its design, layout, compilation and structure, are the intellectual property of Orchard or its third party licensors. Any unauthorized copying or use thereof may violate copyright, trademark, and other laws. Orchard does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights.
You may not, directly or indirectly, (i) access or use the Website through any means other than customary web browsers, (ii) use any software tools, procedures, technical process, or other technology to monitor or access content or data available on the Website, (iii) use any hardware, software, or device to bypass any security system on the Website, (iv) use the Website in any manner that could damage, disable, overburden or disrupt the functioning of the Website, (v) act in a way that interferes with other users’ access or use of the Website, or (vi) attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to or associated with the Website.
Termination or Restriction of Access
Either you or Orchard may terminate your right to use the Website at any time, with or without cause, upon notice.
Orchard reserves the right to terminate or suspend any Website membership or account without notice. However, Orchard will take reasonable measures to notify you of the termination or suspension as soon as conveniently possible.
Orchard shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website, including but not limited to content, features, products, and prices.
Orchard may impose limits on certain features and services or restrict access to parts or the entire Website without notice or liability.
The customer-only portion of the Website is only open to Orchard’s customers that meet the requirements (e.g., current support agreements) and Orchard personnel. Other participants are allowed only by express invitation from Orchard.
Links to Third Party Sites
The Website may contain links to third party sites, which are provided only for convenience. Your access of third party sites is entirely at your own risk. You acknowledge and agree that Orchard is not responsible for the contents of third party sites, and is not responsible for any misinformation, errors, changes, or updates to a linked third party site. The inclusion of a link does not imply endorsement by Orchard.
Disclaimer of Warranty
THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. ORCHARD HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Orchard, its officers, directors, agents, and employees against any claim or demand, including reasonable attorneys’ fees, related to any violation of these Terms or any activity related to your use of the Website or any account you might have.
Limitation of Liability
IN NO EVENT WILL ORCHARD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO ACCESS OR USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE INFORMATION OR MATERIALS ON THE WEBSITE, WHETHER OR NOT ORCHARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification; Notification of Changes
Orchard reserves the right to change the Terms for the Website at any time. Changes take effect when they are posted on the Website. You are responsible for regularly reviewing these Terms for changes, so you are always aware of the current agreement between you and Orchard regarding the Website.
All patient and provider names and data contained within sample reports and screen shots, as well as in other pictures, text, and documents on the Website are fictitious and do not represent real names or data.
Governing Law and Venue
Your access and use of the Website and the information and materials on the Website shall be governed by and interpreted in accordance with the laws of the United States of America and the State of Indiana, without regard to its conflict of law rules. Any dispute arising out of or in relation to the Website, including these Terms, shall be submitted exclusively to courts located in Indianapolis, Marion County, Indiana.
Phone: (800) 856-1948
Fax: (317) 573-2633
Mail: 701 Congressional Blvd., Suite 360, Carmel, IN 46032