Acceptable Use Policy

This document explains Orchid’s acceptable usage rules.

Effective Date: July 21, 2020

This Acceptable Use Policy (“AUP”) is incorporated by reference into Orchid Exchange Inc. ’s (“Orchid,” “we,” or “us”) Terms of Use and governs your use of the Site and Services (as such terms are defined in the Terms of Use). Any capitalized term used but not defined in this AUP shall have the meaning in our Terms of Use.

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AUP, UNDERSTAND ITS TERMS, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THIS AUP, YOU CANNOT USE THE SERVICES.

1. SITE AND SERVICES RULES

You agree not to use, or encourage, promote, facilitate or instruct others to use, the Services or Site for any unlawful, infringing, fraudulent, tortious, harmful or offensive use; to violate another party's intellectual property, privacy or other rights; or to interfere with the operation, use or enjoyment of any service, system or other property.

Without limiting the foregoing, you agree not to (and you agree not to allow any third party to):

use manual or automated software, devices, scripts, robots, spider, site search/retrieval application or other means or processes to access, “scrape,” “crawl,” “spider,” retrieve, or index any web pages, database records, or other services contained in any portion of the Site and/or the Services;
systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots,” “crawlers,” “scrapers,” “spiders,” or otherwise
attempt to decipher, copy, decompile, modify, adapt, disassemble, translate, or reverse engineer any software or portion of the Site, its content or materials and/or the Services;
remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any Content;
reformat or frame any Content or portion of the web pages that are part of the Site and/or the Services;
fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Healthcare Provider which you do not intend to keep, or scheduling an appointment for which you do not intend to pay;
create user accounts, book appointments, or submit Posted Material by automated means or under false or fraudulent pretenses;
collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity without their permission;
Accessing or using Orchid without permission, including attempting to probe, scan, or test the vulnerability of any Orchid system or network or breach any security or authentication measures;
register for more than one Profile or register for a Profile on behalf of an individual other than yourself if not given permission;
publicly disseminate information regarding the performance of the Services or Content or access or use the Services or Content for competitive analysis or benchmarking purposes;
use the Services or Content for any illegal purpose; or
advocate, encourage, or assist any third party in doing any of the foregoing.

The foregoing is a partial list of the kind of content and communications that are illegal or prohibited on/through the Site. Orchid reserves the right, but does not assume the obligation, to investigate any violation of Orchid’s Acceptable Use Policy or misuse of the Site or the Services. We may remove, disable access to, or modify any content that violates this AUP or any other agreement we have with you for the use of the Site and Services.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this AUP.

2. CONTENT AND CONDUCT STANDARDS

Pursuant to the Terms of Use, you may have the opportunity to submit feedback regarding your experiences with Healthcare Providers who are featured on the Site, to submit inquiries concerning possible medical needs, to participate in the other interactive or community features of the Site and the Services (collectively, “Posted Material”).

You must act responsibly when providing Posted Material. In providing feedback, please give clear, honest information about your experiences. You may not use inappropriate language, make unwarranted personal criticisms or gratuitous comments, or provide personally identifying information.

We reserve the right to publish your Posted Material as part of the Services and to also remove your Posted Material for any reason. We are not, however, responsible for any failure or delay in posting or removing Posted Material.

Posted Material on the Site is intended for general reference purposes only. The Posted Material is generally self-reported and may change frequently, with the potential of becoming out of date or inaccurate. Orchid is not involved in any of the services provided by Healthcare Providers listed on our Site. We do not recommend or endorse any specific materials offered by the Healthcare Providers.

Your Posted Material must comply with all applicable federal, state, local and international laws and regulations. Without limiting the generality of the foregoing, you are subject to the following terms:

You are solely responsible for any Posted Material that you submit, publish, or display through the Services or transmit to other members and/or other users of the Site;
You may not infringe, misappropriate, or violate any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of any other person without obtaining the prior written consent of the owner of such proprietary rights;
You may not provide any Posted Material that falsely expresses or implies that such content or material is sponsored or endorsed by Orchid, if that is not the case;
You may not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
You may not provide any Posted Material that is unlawful or that promotes or encourages illegal activity;
You may not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this AUP, Terms of Use, or our Privacy Policy;
You understand and agree that Orchid may (but is not obligated to) review and delete any Posted Material that in the sole judgment of Orchid violates the Terms of Use or this AUP, or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Services and/or other website users.
You agree that you will only provide Posted Material that you believe to be true;
You may not impersonate any person, or misrepresent your identity or affiliation with any person or organization;
You may not promote any illegal activity, or advocate, promote or assist any unlawful act; or
You may not submit Posted Material that:

is false, deceptive or misleading;
harasses or advocates harassment of another person;
involves the transmission of SPAM, or other technology that may damage, interfere with, surreptitiously intercept, or expropriate our Site or Services, including, but not limited to, viruses, Trojan horses, harmful code, worms, flood pings, denial-of-service attacks, time bombs, packet or IP spoofing, or cancelbots;
infringes or misappropriates the intellectual property or proprietary rights of others;
violates antitrust, competition, or consumer protection laws;
is defamatory, libelous, threatening, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, depicts non-consensual sex acts, or is sexually explicit in nature; or
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;

No Message or E-Mail Abuse.

You will not distribute, publish, send, or facilitate the sending of unsolicited mass communications via e-mail or other messages, promotions, advertising, or solicitations, including commercial advertising and informational announcements (“SPAM”). You may not use contact information provided by Healthcare Providers, or harvest such information for the purpose of SPAM. You will not assume a sender’s identity without the sender’s explicit permission. You may not allow others to use your account to violate the terms of this section. Orchid may terminate your registration or access to the Services and take legal action if you or anyone using your Credentials violates these provisions.

3. COPYRIGHT INFRINGEMENT

We will respond to notices of alleged copyright infringement that comply with applicable law.

Notification

If you believe any materials accessible on or from the Site infringe your copyright, you or anyone authorized to act on your behalf, may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. The address of Orchid’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) (https://www.copyright.gov/legislation/dmca.pdf), the written notice (the “DMCA Notice”) must include substantially the following:

Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted;
A statement that you have 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;
Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Your physical or electronic signature (i.e., “/s/ [print name]”);

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please note that under Section 512(f) of the DMCA, any person who knowingly and materially misrepresents that material or activity on the Site is infringing may be subject to liability.

Receipt of Infringement Notification.

Once Orchid’s Designated Agent receives an Infringement Notification, it is Orchid’s policy:

to remove or disable access to the infringing material;
to notify the parties involved that it has removed or disabled access to the material; and
to terminate and permanently disable the accounts of users who are repeat infringers.

Counter-Notification

If you believe that the removal or disabling of access of the material is a mistake, misidentification, or not infringing, or if you believe you have the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, then you must send a counter-notice containing the following information to the Designated Agent listed below:

Your 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 disabled;
A statement under penalty of perjury by you that you have a good faith belief that the material removed or disabled was a result of mistake or a misidentification of the material; and
Your user name, address, telephone number, and, if available, email address and a statement that you consent to the jurisdiction of the U.S. Federal Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Orchid is located, and that you will accept service of process from the person (or an agent of that person) who provided Orchid notification of the alleged infringement.

If you are not sure whether certain material infringes the copyrights of others, Orchid suggests that you first contact an attorney.

Removal

If a counter-notice is received by the Designated Agent, Orchid may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against you within ten business days of receiving the copy of your Counter Notice, the DMCA allows Orchid to restore the removed material.

Designated Agent.

Please contact Orchid’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

Phone: (917) 727-4150
Fax: (860) 469-5412
Email: info@Orchid.Health

4. UPDATES AND CHANGES TO THE ACCEPTABLE USE POLICY

The effective date of this Acceptable Use Policy is set forth at the top of this webpage. Orchid will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Acceptable Use Policy. We encourage you to periodically review this page for the latest information on acceptable uses of the Services. The amended Acceptable Use Policy supersedes all previous versions.

IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS ACCEPTABLE USE POLICY, YOU MUST STOP USING THE SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.