Terms and Conditions
These Terms and Condition of Use govern your use of this site, which is provided by Orchard Funding. By accessing this site, you are indicating your acknowledgment and acceptance of these Terms and Condition of Use. These Terms and Condition of Use are subject to change by Orchard Funding, at any time in its discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms and Condition of Use prior to every use for any changes.
ACCESS TO THIS SITE
You must be eighteen (18) years or older to access this website. Any person under eighteen years of age is not permitted to access this website for any reason. It is our policy to comply with all applicable laws related to children’s privacy. No information obtained by this web site falls within the Child Online Privacy Act (COPA) due to the age restrictions for use and is not monitored as doing so. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Orchard Funding, believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Orchard Funding, reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Orchard Funding, and you acknowledge that Orchard Funding is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Orchard Funding and or its subsidiaries herein referred to as Orchard Funding, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Orchard Funding is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Condition of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Orchard Funding. Permission is granted only when certain limited criteria are met.
Users Grant of Limited License
By posting or submitting content to this site, you:
- Grant Orchard Funding and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
- Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Orchard Funding will not infringe or violate the rights of any third party. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
DISCLAIMER OF WARRANTIES
All materials, Information, Software, Products, and Services included in or available through this site (THE “CONTENT”) are provided as is and as available for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, Fitness for a particular purpose, or noninfringement. Local Marketing Source, LLC ITS Subsidiaries, and its licensors do not warrant that the content is accurate, Reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
LIMITATION OF LIABILITY
Under no circumstances shall Orchard Funding, Its subsidiaries, or its licensors be liable for any direct, indirect, punitive, incidental, Special, or consequential damages that result from the use of, or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if an Orchard Funding representative has been advised of the possibility of such damage. Because some Orchard Funding jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Orchard Funding liability in such jurisdictions shall be limited to the extent permitted by law.
Upon a request by Orchard Funding, you agree to defend, indemnify, and hold Orchard Funding harmless and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. Orchard Funding reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.
Orchard Funding makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms and Condition of Use shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Condition of Use or your use of this site shall be filed only in the state or federal courts located in the State of Arizona, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Orchard Funding with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Orchard Funding with respect to this site. If any part of these Terms and Condition of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.