Terms and Conditions
Effective Date: January 1, 2025
I. Introduction
Welcome to Orchard. By accessing or using our services, you agree to be bound by these Terms and Conditions (the “Agreement”). This Agreement outlines the rights and responsibilities between Orchard (“Company,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”). If you do not agree with any part of these terms, please discontinue use of our services immediately.
Orchard audits foreclosure and bankruptcy proceedings to identify unclaimed funds owed to individuals, families, and entities. We contact potential claimants by phone, email, and/or text to assist in the recovery of these funds.
This Agreement governs your use of Orchard’s services, including but not limited to our website, communications, and any related services. We may modify these terms at any time, and your continued use of our services constitutes acceptance of the updated Agreement.
II. Relationship Between Orchard and the User
Orchard is an asset recovery firm that facilitates the retrieval of unclaimed surplus funds. However, we make no guarantees regarding:
- A user’s eligibility for surplus funds.
- The successful recovery of funds on a user’s behalf.
- The timeframe in which funds, if recoverable, may be received.
No Attorney-Client Relationship
Orchard is not a law firm and does not provide legal advice. Engaging with Orchard does not establish an attorney-client relationship. If legal services are required, we encourage you to consult with a qualified attorney.
No Legal Advice
While we assist in asset recovery, we do not provide legal recommendations, mediation, or legal representation. Any decisions related to legal matters should be made in consultation with a licensed attorney.
III. Confidentiality and Data Protection
Orchard takes reasonable measures to maintain the confidentiality of user information. However, we cannot guarantee absolute confidentiality due to the nature of digital communications and external factors beyond our control. Users should avoid sharing sensitive personal or financial information unless required.
By using our services, you acknowledge and accept that:
- Orchard may securely store and process your data in accordance with our Privacy Policy.
- We may use third-party service providers for communications, data processing, and storage.
- We are not responsible for unauthorized access to or misuse of your information by third parties beyond our control.
IV. Indemnification
You agree to indemnify, defend, and hold harmless Orchard, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use or misuse of our services.
- Any misrepresentation of your eligibility for unclaimed funds.
- Any breach of this Agreement.
Orchard reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully in such defense.
V. Communications and Data Responsibility
- Orchard is not responsible for lost or deleted data, network failures, or system outages.
- By using our services, you consent to receive communications from us via phone, email, text message, and other electronic means.
- You may opt out of non-essential communications by following the unsubscribe instructions in our messages.
VI. Rights and Limitations of Orchard
Orchard reserves the right to:
- Terminate services to any user at our sole discretion.
- Release user information in accordance with our Privacy Policy and applicable laws.
- Modify or discontinue any portion of our services at any time without liability.
- Take necessary action, including legal recourse, against fraudulent or abusive behavior.
VII. Modifications to Terms
Orchard may modify this Agreement at any time. Updated terms will be posted on our website, and continued use of our services constitutes acceptance of the revised Agreement.
VIII. Intellectual Property
- Orchard owns all proprietary rights to its services, website content, branding, and processes.
- Users may not reproduce, distribute, or create derivative works based on Orchard’s intellectual property without written consent.
- Any unauthorized use of our proprietary materials may result in legal action.
IX. Disclaimer of Warranties and Limitation of Liability Orchard provides services on an “as is” and “as available” basis. We make no guarantees that:
- Our services will meet your expectations or yield specific results.
- Our website and communication systems will be uninterrupted or error-free.
- Any information provided by us is fully accurate, complete, or up to date.
Limitation of Liability
Orchard shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from:
- The use or inability to use our services.
- Loss of data or unauthorized access to user information.
- Errors, omissions, or inaccuracies in provided information.
- Any act or omission beyond Orchard’s reasonable control.
X. Dispute Resolution and Arbitration
Any disputes arising from this Agreement or our services shall be resolved through binding arbitration in Missouri, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted on an individual basis, and class actions are not permitted.
Either party may seek preliminary injunctive relief in a court of competent jurisdiction in Missouri, but all other claims must be settled via arbitration.
XI. Governing Law and General Provisions
- This Agreement is governed by the laws of the State of Missouri.
- If any provision of this Agreement is found to be invalid or unenforceable, the remaining terms shall continue in effect.
- Failure by Orchard to enforce any right under this Agreement does not constitute a waiver of that right.
- Any claim arising out of or related to this Agreement must be filed within one (1) year after such claim arose or be forever barred.
XII. Contact Information
For questions or concerns regarding this Agreement, please contact us at:
Orchard
4220 Duncan Ave, Ste 201
St. Louis, MO 63110
By using Orchard’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.