1. AGREEMENT OF TERMS
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‍These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and BeOrchard, LLC, a limited liability company registered in the State of Wyoming ("we," "our," or "us"), governing your access to and use of the beorchard.com website, including any call scheduling, inquiry forms, and related services (collectively, the "Site").

By accessing or using the Site, including scheduling a call, submitting a contact form, or engaging with any feature of the Site, you agree to be bound by these Terms. If you do not agree, you may not use the Site.
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‍2. DESCRIPTION OF SERVICES
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‍BeOrchard, LLC provides technology advisory and vendor selection services, helping organizations evaluate the technology marketplace and make informed procurement decisions. Our services include:
    • Advisory guidance on technology vendor selection and evaluation
    • Access to our portfolio of technology vendor relationships
    • Market insights and pricing intelligence for technology procurement
    • Support throughout the technology discovery and procurement process
    • Consultation calls scheduled through the Site
    • Post-sales support, including vendor issue escalation and ongoing advisory assistance
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The information and services available through the Site are intended for business professionals and organizations. Scheduling a call or submitting an inquiry through the Site does not create a formal client relationship or obligate BeOrchard, LLC to provide paid services. Use of our paid services is subject to a separate written agreement between you and BeOrchard, LLC.

‍3. ELIGIBILITY
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‍You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organization. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

‍4. ACCEPTABLE USE
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‍You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
    • Use the Site in any way that violates applicable federal, state, or local laws or regulations
    • Transmit any unsolicited or unauthorized advertising or promotional material
    • Impersonate or attempt to impersonate BeOrchard, LLC, an employee of BeOrchard, LLC, another user, or any other person or entity
    • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site
    • Attempt to gain unauthorized access to any portion of the Site or its related systems or networks
    • Use automated means (bots, scrapers, crawlers) to access or collect data from the Site without our express written permission
    • Introduce viruses, malware, or other malicious or harmful code to the Site
    • Schedule calls or submit inquiries in bad faith, for competitive intelligence purposes, or with no genuine intent to engage our services

‍5. CALL SCHEDULING, INQUIRIES, AND NO ADVISORY RELATIONSHIP
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‍The Site provides functionality for users to schedule consultation calls and submit inquiries with BeOrchard, LLC advisors. By using this functionality, you acknowledge and agree that:
    • Scheduling a call is a request for a consultation, not a guarantee of service delivery or availability
    • BeOrchard, LLC reserves the right to decline, reschedule, or cancel any scheduled call at its discretion
    • Information you provide when scheduling a call or submitting an inquiry will be handled in accordance with our Privacy Policy
    • Conversations during scheduled calls are not confidential unless a separate written Non-Disclosure Agreement (NDA) has been executed between you and BeOrchard, LLC
    • No attorney-client, fiduciary, or formal advisory relationship is created solely by scheduling or attending a call
    • Any technology recommendations, vendor comparisons, or market insights discussed during a call are for informational purposes only and do not constitute professional, legal, financial, or procurement advice. You retain sole responsibility for all technology procurement and business decisions, regardless of any information or guidance provided by BeOrchard, LLC

‍6. INTELLECTUAL PROPERTY
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‍The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, data, market insights, vendor intelligence, and software — are owned by BeOrchard, LLC or its licensors and are protected by applicable intellectual property laws, including United States copyright and trademark law.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, or exploit any content from the Site without our prior written consent. You are granted a limited, non-exclusive, non-transferable license to access and use the Site solely for your internal business evaluation purposes.

Nothing in these Terms grants you any right, title, or interest in or to the BeOrchard, LLC name, logo, or any other intellectual property owned by BeOrchard, LLC.

‍7. DISCLAIMER OF WARRANTIES
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‍THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH IT ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BEORCHARD, LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. ANY INFORMATION PROVIDED THROUGH THE SITE, INCLUDING TECHNOLOGY MARKET INSIGHTS, VENDOR RECOMMENDATIONS, AND PRICING INTELLIGENCE, IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR PROCUREMENT OR BUSINESS DECISIONS.

‍8. LIMITATION OF LIABILITY
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‍TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BEORCHARD, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO BEORCHARD, LLC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

‍9. INDEMNIFICATION
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‍You agree to defend, indemnify, and hold harmless BeOrchard, LLC and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
    • Your violation of these Terms
    • Your use of or access to the Site
    • Your use of any information obtained from the Site
    • Any content you submit, post, or transmit through the Site
    • Your misrepresentation of your identity or authority in connection with any inquiry, request, or communication submitted through the Site

‍10. CONFIDENTIALITY

10.1 User Obligations
‍In the course of using our services or participating in consultation calls, you may receive non-public information about BeOrchard, LLC, its vendor relationships, pricing structures, and methodologies ("Orchard Confidential Information"). You agree to:
    • Keep all Orchard Confidential Information strictly confidential
    • Not disclose Orchard Confidential Information to any third party without our prior written consent
    • Use Orchard Confidential Information solely for the purpose of evaluating or engaging BeOrchard, LLC's services
    • Notify BeOrchard, LLC promptly if you become aware of any unauthorized disclosure of Orchard Confidential Information
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‍10.2 BeOrchard Obligations
‍In the course of providing services or conducting consultation calls, BeOrchard, LLC may receive non-public information from you regarding your organization, technology environment, budget, procurement plans, or business operations ("User Confidential Information"). BeOrchard, LLC agrees to:
    • Keep all User Confidential Information strictly confidential
    • Not disclose User Confidential Information to any third party without your prior written consent, except as required by law or as necessary to provide the services you have requested
    • Use User Confidential Information solely for the purpose of providing advisory services to you

These confidentiality obligations survive the termination of any relationship between you and BeOrchard, LLC. For formal engagements, a separate Non-Disclosure Agreement may be required.

‍11. THIRD-PARTY WEBSITES AND SERVICES
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‍The Site may contain links to third-party websites or reference third-party services, including call scheduling tools and vendor platforms. These links and references are provided for your convenience only. We have no control over the content, privacy practices, or terms of those third-party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Your use of any third-party scheduling tool or service accessed through our Site is governed by that third party's own terms of service and privacy policy. We encourage you to review those documents before submitting any personal information to third-party platforms.Inclusion of any link or reference does not imply endorsement by BeOrchard, LLC.

‍12. TERMINATION
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‍We reserve the right to suspend or terminate your access to the Site at any time, with or without cause or notice, including if we believe you have violated these Terms or are using the Site in bad faith.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: intellectual property provisions, disclaimer of warranties, limitation of liability, indemnification, confidentiality, and governing law and dispute resolution.

‍13. FORCE MAJEURE
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‍BeOrchard, LLC shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from any cause beyond BeOrchard, LLC's reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, fire, flood, war, terrorism, civil unrest, governmental action or regulation, labor disputes, power or telecommunications failures, or internet outages.

In the event of a force majeure condition, BeOrchard, LLC will provide notice to affected users as practicable and will resume performance as soon as reasonably possible after the condition causing the delay or failure has been resolved.

‍14. GOVERNING LAW AND DISPUTE RESOLUTION
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14.1 Governing Law
‍These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions. You consent to the personal jurisdiction of the state and federal courts located in Wyoming for any matters not subject to arbitration under these Terms.

‍14.2 Informal Resolution
‍Before initiating any formal dispute process, you agree to contact BeOrchard, LLC at info@beorchard.com and provide written notice describing the nature of the dispute and the relief sought. The parties agree to attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days from the date of notice.

‍14.3 Binding Arbitration
‍If the dispute cannot be resolved through informal negotiation, it shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Cheyenne, Wyoming, or remotely if agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

‍14.4 Class Action Waiver
‍YOU AND BEORCHARD, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

‍14.5 Opt-Out
‍You may opt out of the arbitration agreement in Section 14.3 by sending written notice to info@beorchard.com within thirty (30) days of first using the Site. Your notice must include your name, organization, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

‍14.6 Exceptions
‍Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

‍15. CHANGES TO THESE TERMS
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‍We reserve the right to revise these Terms at any time at our sole discretion. We will notify you of material changes by posting the updated Terms on this page with a revised effective date. For significant changes, we may also provide notice via email or a prominent notice on the Site.

Your continued use of the Site after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Site.

‍16. ENTIRE AGREEMENT
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‍These Terms, together with our Privacy Policy (available at beorchard.com/privacy-policy) and any separate written agreements between you and BeOrchard, LLC, constitute the entire agreement between you and BeOrchard, LLC regarding the Site and supersede all prior and contemporaneous agreements, representations, and understandings.

In the event of a conflict between these Terms and any separate written agreement executed between you and BeOrchard, LLC, the separate written agreement shall control with respect to the subject matter of that agreement.

‍17. SEVERABILITY AND WAIVER
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‍If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall otherwise remain in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BeOrchard, LLC to be effective.

‍18. CONTACT US
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‍If you have questions about these Terms of Service, please contact us:
    • BeOrchard, LLC
    • 30 North Gould Street, Suite 7000, Sheridan, Wyoming 82801
    • Email: info@beorchard.com
    • Phone: +1 (323) 801-6204
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