Orchard Software, A Comprehensive AYP Solution for Your School  

This Web site is operated by Orchard Learning. The mailing address for Orchard Learning is 325 N. Kirkwood Rd., Suite 200, Saint Louis, Missouri 63122.

Your Use of This Web site is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of this Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the OrchardSoftware.com Web site.

These Terms and Conditions May Change
Orchard Learning reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

Access and Use of the Web site
We grant you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.

Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Accuracy of Information and Disclaimer of Warranty
We have made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided "as is"; neither we nor our representatives make any representation or warranty with respect to the content.

Orchard Learning and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.

Correction of Errors and Inaccuracies; Limitations on Quantity
The information on this Web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Limitation of Liability
Under no circumstances will Orchard Learning or its affiliates have any liability with respect to any claims or damages as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if an authorized representative of any Orchard Learning business has been advised of or should have known of the possibility of such damages.

If you are dissatisfied with this Web site or any content on the site, or with these terms and conditions, your sole and exclusive remedy is to discontinue using this Web site. You acknowledge, by your use of this Web site, that your use of the site is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the Orchard Learning businesses under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).

Links to this Web site
We grant you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web site so long as the link does not portray Orchard Learning or its products or services in a false, misleading, derogatory, or offensive matter. You may not use our logos, trademarks, or other proprietary graphics in the link without our prior written permission.

Links to Third Party Web sites
We do not review or control third party Web sites that link to or from the Web site, are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites' terms of use.

Ownership
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by Orchard Learning or other parties that have provided it permission for use. Except for the limited rights granted above, all other rights are reserved.

All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.

Posting and Transmitting to the Web site
Except for information that is subject to our Privacy Policy, we will not treat information you post or transmit to the Web site as confidential or proprietary. By sending information to Orchard Learning through the Web site (by transmitting, posting, or otherwise), you agree that we may use that information in any way, for any purpose, including our own commercial purposes, subject only to the Privacy Policy.

You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We reserve the right to edit or remove any post or transmission that, in our sole judgment, is not appropriate.

Restrictions on Use of the Web site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without our prior written permission.

The following activities are also expressly prohibited without our prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.

ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the OrchardSoftware.com Web site, you agree that your access to and use of this Web site is subject to these terms and conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Missouri, United States Of America.

Privacy
Please review our Privacy Policy, which also governs your visit to this Web site.