In this policy, “you” refers to those who use and/or interact with any or all of our products, services, content and websites, and “we”, “us”, and “our” refer to The Orchard. “Customer”(s) refers specifically to those who use The Orchard services. “Form Responders” refers to those who fill in and/or submit forms used by our Customers.
When you visit our website to browse, read pages, submit forms, or download information, we may automatically collect and store the following information:
· The Internet domain and IP address from which you access our portal;
· The date and time you access our site;
· The pages you visit;
· If you linked to this website from another website, the address of that website.
· IP addresses, which are numbers automatically assigned to a computer when using the Internet;
· The type of browser and operating system used to access the site;
· The search terms used to get to the website, in addition to search terms used in the site’s search engine;
· The dates and times users access the site;
· The type of device used to access the site;
· How often users visit the site;
· The pages users visit within the site;
· The links made to other websites through this site; and
· Form data entered by You;
The Orcharduses this information to help make the site more useful to visitors, to learn about the number of visitors to the site and the types of technology visitors use.
We reserve the right to disable, terminate, prevent or prohibit your access to the Website or any portion of it, including, if applicable, your account, any username, password (if applicable) or other identifier, whether chosen by you or provided by us, at our sole discretion for any reason whatsoever, without liability or notice. We reserve the right to disable, terminate or alter the functionality of the Website at any time in our sole discretion.
The Orcharduses third-party services such as Facebook, Twitter, and YouTube to communicate and interact with the public. You may encounter these services as separate websites. These services are controlled and operated by third parties, and are not The Orchard websites or applications. By interacting with The Orchard through these third-party services, you may be providing non- The Orchard third parties access to your personal information which can be used to distinguish or trace your identity. Any information collected by a third-party service is subject to the privacy policies of the third-party service provider. These third-party services may, for example, use persistent (multi-session) cookies.
Please note that these third-party services supplement The Orchard's traditional communication and outreach efforts. Should you have concerns about communicating with The Orchard via these channels, please use the contact information referenced in this policy.
When you visit some websites, their web servers generate pieces of information known as cookies. Some cookies collect personal information to recognize your computer in the future.
Cookies are small files that web servers place on a user's hard drive that helps a website or service. There are two types of cookies:
Session cookies, also known as transient or per session cookies, serve technical purposes, like providing seamless navigation through theorchardlife.com. They are stored in temporary memory and are only available during an active browser session. Once you close your browser, the cookie disappears.
Persistent cookies, also known as permanent or stored cookies, are used to collect identifying information about the user, such as user name, web surfing behavior or user preference for a specific website. These cookies operate until they expire or a user deletes them.
The Orchardmay use both types of cookies to improve our on-line services to you.
You can disable cookies by adjusting the setting on your web browser.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You agree to indemnify and hold us, our parent companies, affiliates, and their respective successors, officers, employees, directors, shareholders, contractors, advisors, suppliers, licensors, licensees or other representatives (collectively, the “Representatives”) harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, initiated against or incurred by the Representatives, as applicable, directly or indirectly, as a result of or in connection with your use of the Website, whether initiated or suffered by you, a third party, or your spouse, children, grandchildren, parents, grandparents, brothers or sisters (in any case, a “Claim”).
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE WEBSITE AND THE INFORMATION CONTAINED THEREIN AND ACCESS TO THE WEBSITE AND THE INFORMATION CONTAINED THEREIN ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO.
THE WEBSITE IS AN AID WHICH RELIES ON TELEPHONE, WIRELESS NOTIFICATIONS, OR INTERNET TRANSMISSIONS THAT CAN BE INTERMITTENTLY BLOCKED, INTERRUPTED, DISRUPTED OR CORRUPTED. AS A RESULT, THERE MAY BE AND WE WILL NOT BE LIABLE FOR ANY DELAYS, OMISSIONS, INACCURACIES AND/OR FAILURES TO DELIVER THE NOTIFICATION TRANSMISSIONS OR ANY CONTENT AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY REASON.
FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE AVAILABLE, RUN ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ANY ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ANY MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION ON TIME.
WE, OUR REPRESENTATIVES, OUR SUPPLIERS, AND SUBCONTRACTORS SPECIFICALLY DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY (INCLUDING DEATH), PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THESE TERMS AND CONDITIONS WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THESE TERMS AND CONDITIONS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.