LAST UPDATED

December 19, 2016

AN AGREEMENT BETWEEN YOU AND US

GrowCAD, LLC doing business as “ Orchard ” (“ We ,” “ Us ,” or “ Our ”) operates this website, http://3DOrchard.com/ (“ Website ”). These Terms of Use (“ Terms of Use ”) are applicable to you (“ User ,” “ You ,” or “ Your ”). The Terms of Use are effective upon Your access and use of the Site, and by accessing and using this Website, You agree to comply with and be bound by these terms and conditions, as well as Our “ Privacy Policy ,” found at https://3DOrchard.com/privacy/, which is herein incorporated by reference.

READ THESE TERMS OF USE CAREFULLY BEFORE YOU BEGIN USING THIS WEBSITE. THE TERMS CONTAINED HEREIN APPLY TO ALL USERS OF THIS WEBSITE. If You do not agree to be bound by these Terms of Use, then You should not continue to use this Website, and You should exit its pages. Note that the Terms of Use may be updated from time to time, and any User’s continued use of this Website after We have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is Your responsibility to check the Terms of Use periodically for updates.

ACCESS AND USE OF THIS WEBSITE

This Website is offered and available to Users who are thirteen (13) years of age or older. If You are at least thirteen (13), but are still younger than eighteen (18), you must have your parent or legal guardian’s permission to access this Website. Please have him or her read this Agreement with You. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company. If You do not meet this requirement, You must not access or use the Website.

NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Website, You agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Website. If your child is using the Website and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.

We reserve the right to modify the Website in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Website, or the entire Website, is unavailable for any period of time. Periodically, We may restrict access to portions of the Website, or the entire Website. We may make these modifications at any time and for any reason without prior notice.

To access certain portions of the Website, You may be asked to provide certain registration details or other information. A User who is provided with (or who has provided during the course of registration) a username, password, or any other piece of information as part of the Website’s security procedures, must treat such information as confidential, and the User must not disclose it to any other person or entity. If You do register for an account with this Website, You must agree to the “ Platform Participation Agreement ,” accessible here https://3dorchard.com/agreement/.

Reliance on Information Posted

YOU ASSUME ANY AND ALL RISK FOR DECISIONS BASED ON INFORMATION CONTAINED WITHIN THIS WEBSITE. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place or decisions You make on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Website materials by You or any other User of the Website, or by anyone who may be informed of any of its contents.

This Website may contain content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Orchard. We are not responsible or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

United States Only

We control and maintain this Website in the United States including all aspects of data collection, storage, and related disclosures. As a result, Orchard makes no representation that the information provided on these Website pages or the manner and method in which data is collected, stored, or disclosed is appropriate or available for use in other locations outside of the United States. If You use this Website from other locations, You are responsible for compliance with applicable local laws.

Your use of this Website indicates that you consent to our collection, storage, use and disclosure of your personal information and other information as described in our Privacy Policy located at https://3DOrchard.com/privacy/ If you do not consent to the use of your Personal Information as described in this Privacy Policy or do not agree to the Terms of Service, do not use the Service.

Links to Third-Party Websites

This Website may contain links to other websites on the Internet. When You leave this Website, You do so at Your own risk. By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity. Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other information from a third-party website. You also acknowledge that Orchard shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website.

Prohibited Uses

As a condition of use of the Website, You represent and warrant that You shall not use the Website for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, or international law(s) or regulation(s) (including, without limitation, any law(s) regarding the export of data or software to and from the United States or other countries).

While using the Website, You further agree:

Not to falsify any personal information or otherwise create misleading information;
Not to impersonate or attempt to impersonate Orchard, an Orchard employee, another User or any other person or entity;

Not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website;
Not to use any device, software, or routine that could interfere with the proper working of the Website;
Not to attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website;
Not to transmit or upload any material to the Website that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
Not to use any robot, spider, data scraping, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Not to post or transmit from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;
Not to post or transmit to the Website any content that infringes or violates the intellectual property right or the right to privacy of any third party;
Not to post or upload any Objects onto this Website containing nudity, or which could be perceived as vulgar, obscene, lewd, rude, or otherwise offensive;
Not to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent;
Not to display, present, or provide information about the Website in any forum without limitation that is untrue, inaccurate, or characterizes the Website, GrowCAD, LLC, or its affiliates in any negative manner whatsoever;
Not to interfere with or disrupt the Website networks or servers;
Not to attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through password misuse, mining, or any other means;
Not to use the Website to send unwanted advertising solicitation or spam; or
Not to interfere with Company or another authorized party’s use and enjoyment of the Website.

We have no obligation to monitor use of the Website or retain the content on the Website unless otherwise agreed. Notwithstanding the foregoing, We reserve the right, in Our sole discretion, to audit or otherwise monitor any communication transmitted using the Website. We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business need of Orchard.

INTELLECTUAL PROPERTY

The Website, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, video and audio, and the design, selection and arrangement thereof), are owned by Us, Our licensors, or other providers of such materials, excluding User-Uploaded Content , as that term is defined below. This material, collectively, is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, download, republish, distribute, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Website, in any form without the prior written consent of Orchard; except that You may access, download, and/or prepare derivative versions or works of any digital model (“ Object ”) featured on this Website, provided that You do not infringe the intellectual property rights of any third party.

User-Uploaded Content . When You post, create, or otherwise submit information to this Website, You represent and warrant that You have ownership, authority, or permission to post the information. You agree that You will not post any information to this Website, in any format, including but not limited to any Object, text, image, video, or audio, that You do not own, license, or otherwise have permission to upload.

YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, CREATE, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY OBJECT, TEXT, IMAGE, VIDEO, OR CONTENT ONTO THIS SITE, (“ User-Uploaded Content ”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. YOU ALSO AGREE THAT YOU WILL NOT MODIFY, ENHANCE, CHANGE, UPDATE, AMEND OR OTHERWISE PREPARE DERIVATIVE VERSIONS OF ANY USER-UPLOADED CONTENT IN SUCH A WAY THAT YOUR MODIFICATION(S), ENHANCEMENT(S), CHANGE(S), UPDATE(S), AMENDMENT(S), OR OTHERWISE DERIVATIVE VERSION(S) (“ Modification of User-Uploaded Content ”) WILL RESULT IN CONTENT THAT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

You further agree that you will indemnify, defend, and hold harmless Orchard from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Uploaded Content and Your Modification of User-Uploaded Content, and a third-party’s proprietary or intellectual property rights.

User Restrictions Related to Orchard’s Intellectual Property

With the exception of accessing, downloading, or modifying any Object on this Website, as described in the section above, a User may not : (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other Website Content, contained on this Website in any form without the prior written consent of Orchard; (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, logos, trade names, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein; (c) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, source code or object code contained on this Website in any form without prior written consent; (d) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of source code or object code, or textual material featured on this Website; or (e) reverse engineer, disassemble, decompile, decode, or adapt any source code or object code, or processes, featured on this Website.

User-Submitted Posts and License of Intellectual Property Rights . When You submit comments or other textual information through this Website, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“ User-Submitted Posts ”). You hereby acknowledge and agree that User-Submitted Posts and User-Submitted Social Media Posts may be displayed on this Website and used in any of Our marketing material(s) by Us at Our sole discretion.

Our Compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512)

Orchard complies with takedown procedures and counter-notice mechanisms, as specified under the Digital Millennium Copyright Act (“ DMCA ”), 17. U.S.C. § 512. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties must be sent to Our Designated Agent, Dan Meisner, whose contact information appears below. We have filed notice of our Designated Agent with the U.S. Copyright Office.

Takedown Procedures

Copyright owners or agents may submit a notification of alleged infringement to Us, pursuant to the DMCA. We will only act on notices of claimed infringement made in accordance with the provisions of the DMCA. For a notice of claimed infringement to be effective under the DMCA, the notification of claim must be a written communication to Our Designated Agent. If You, as a copyright owner or agent of an owner, believe that there is material on this Website that infringes Your copyright(s), you may submit a proper notification, as described in § 512(c)(3), which shall include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury , that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a proper notification of alleged copyright infringement, We will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that We have removed or disabled access to the material in question.

Dan Meisner

121 River Way Lane

New Market, AL 35761

206-730-8776

legal@3DOrchard.com

Or, You may send an e-mail notifying Us of alleged copyright infringement, provided the message within Your e-mail meets the standards iterated above, pursuant to 17 U.S.C. § 512(c)(3): legal@3DOrchard.com (ATTENTION: Dan Meisner, RE: DMCA Takedown)

YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION, YOUR DMCA NOTICE MAY NOT BE VALID.

Counter-Notice Mechanism

Under the DMCA, claimants who make misrepresentations may be liable for any damages, including costs and attorneys’ fees, incurred by Orchard for relying upon a misrepresentation. We reserve the right to pursue damages against such parties.

If a notice of copyright infringement has been filed with Us in accordance with the above terms, and We disable access to the allegedly infringing content, the third party may file a counter notification with Our Designated Agent as listed above.

To be effective, a counter notification must be a written communication provided to Our Designated Agent that includes the following:

A physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the party have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
A name, address, and telephone number; and
A statement that the third party consents to the jurisdiction of Federal District Court in which Orchard is located and that the third party will accept service of process from the complainant or an agent of such person or entity.

If We receive a valid counter-notice, We will provide the original complainant with a copy of the counter notice, inform the complainant that it will replace the removed material or cease disabling access to it in within fourteen (14) days from receipt of the counter notification, provided, however, that We do not receive notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Our computer system.

The DMCA provides penalties for a false counter notice filed in response to a notice of copyright infringement. Orchard reserves the right to pursue damages, including attorneys’ fees, against claimants who make misrepresentations in their the counter-notification statement.

By complying with the foregoing, it is Our expressed intent to comply with the provisions of the DMCA to limit its liability to the fullest extent as provided therein.

Repeat Infringer Policy

Orchard will terminate any User account that is the subject of two (2) separate DMCA takedown notification violations . For a User whose content is removed and later restored as part of a DMCA takedown and subsequent counter-notification procedure, We will treat that underlying DMCA notification as having been withdrawn. In any event, Orchard reserves the right to terminate any User account, which is the subject of fewer than two (2) DMCA takedown notifications , according to our business judgment and as We deem appropriate, given the surrounding circumstances.

SUBSCRIPTIONS

Ongoing Nature of Subscription: Your free or paid Orchard subscription will automatically continue (month-to-month for a paid subscription, year-to-year in the case of an annual paid subscription), unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid accepted method of payment (as it may be updated from time to time, “Payment Method”) in order to purchase and use a paid subscription. We will bill your subscription fees to your Payment Method. You must downgrade or cancel your subscription before it automatically renews in order to avoid billing of the next period’s subscription fees to your Payment Method.

Differing Subscriptions: Orchard may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. The terms of your subscription will be disclosed at the time you sign up or in other communications made available to you. You can find specific details regarding your subscription after logging in, within your account profile at https://3dorchard.com/#!/profile . We reserve the right to modify, terminate or otherwise amend our subscription plans at any time, in our sole and absolute discretion.

BILLING

Recurring Billing: By starting your paid Orchard subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Orchard Service to your Payment Method. You acknowledge that the amount billed each period may vary for reasons that may include promotional offers, and/or changing a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.

Price Changes: We reserve the right to adjust pricing for the Orchard Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect following notice to you provided via email or notification within Orchard’s Service.

Billing Cycle: The subscription fee for the Orchard Service will be billed at the beginning of your paid subscription period and each anniversary date thereafter, except as provided below under “Group Subscriptions,” unless and until you downgrade to a free subscription or cancel your subscription. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paid subscription. We reserve the right to change the timing of our billing as indicated below, if your Payment Method has not successfully settled. In the event your paid subscription began on a day not contained in a given month or year, we will bill your Payment Method on an alternative day in the applicable month or year as we deem appropriate. For example, if you started a paid monthly subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. You can view the date on which your account will next be billed by signing into your account and navigating to https://3dorchard.com/#!/profile . We may authorize your Payment Method in anticipation of subscription or other charges. As used in this Agreement, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.

Refunds and Credits: IF A PAID SUBSCRIPTION IS CANCELLED OR DOWNGRADED TO A FREE SUBSCRIPTION, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. However, if changing between paid subscriptions, such as downgrading from a yearly subscription to a monthly, your account will be credited and prorated for the difference. Following the cancellation of any paid subscription, you will continue to have access to Orchard’s paid service through the end of your current billing cycle. At any time, and for any reason, we may provide a refund, discount, or other consideration to any or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at Orchard’s sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstances.

Taxes: You shall be responsible for paying all applicable sales, use, transfer, or other taxes and all duties, whether national, state, or local, however designated, that are levied or imposed by reason of your paid use of the Service under this Agreement, excluding income taxes on the net profits of Orchard. You shall reimburse Orchard for the amount of any such taxes or duties paid or incurred directly by Orchard as a result of such paid use, and you agree that Orchard may charge any such reimbursable taxes to your Payment Method.

Payment Methods: You may edit your Payment Method information by signing in to your account at https://3dorchard.com/#!/profile . If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or downgrade or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Downgrades and Cancellation: You may downgrade from a paid subscription to a free subscription, or cancel your subscription, at any time. If you cancel your subscription, you are responsible for exporting your Content, if you so choose, prior to cancelling.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ORCHARD DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE WEBSITE, INFORMATION FOUND ON THIS WEBSITE, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS WEBSITE. ORCHARD MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF ANY INFORMATION SUPPLIED. WE DO NOT WARRANT THAT THE WEBSITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.

You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS WEBSITE AND ANY SUBSEQUENT RELATIONSHIPS YOU DEVELOP WITH OTHER USERS OF THIS WEBSITE.

You, alone, acknowledge that You are responsible for any actions You take while on this Website and for the formation of any business relationships You make while using this Website. You recognize that Your use of the Website and any subsequent actions arising from Your use of the Website are taken solely at Your own risk.

IN NO EVENT WILL OUR COMPANY, EMPLOYEES, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, YOU AGREE THAT ORCHARD IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS WEBSITE OR YOUR RELATIONSHIPS WITH OTHER USERS OF THIS WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You shall indemnify, defend, and hold harmless Orchard, its employees, and agents from and against all damages, liabilities, and expenses. This includes all legal costs, attorneys’ fees, court costs, expenses, and settlements resulting from any action or claim, arising out of, connected with, or resulting from any violation of these Terms of Use. This also includes Your use of the Website, along with Your use of the Website’s content and services, other than as expressly authorized in this Agreement, or Your use of any information obtained from the Website.

GOVERNING LAW, JURISDICTION

These Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Georgia (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Gwinnett County, Georgia. Each Party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

SEVERABILITY

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

WAIVER

No waiver by Orchard of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Orchard to assert a right or provision shall not constitute a waiver of such right or provision.

CHANGES TO THESE TERMS OF USE

As iterated above, We will make changes to these Terms of Use from time to time. It is Our custom to provide notification on this page when We make material changes. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that You periodically visit Our Website and these Terms of Use to check for any changes.

To ask questions or comment about these Terms of Use, You may contact Us at:

contact@3DOrchard.com

121 River Way Lane

New Market, AL 35761

ENTIRE AGREEMENT

The Terms of Use, along with the Privacy Policy referenced herein, and the Platform Participation Agreement if applicable to a User who has created an account on this Website, represent the entire understanding and complete agreement by and among User and Orchard.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.