Terms of Service

Welcome to Orchard Key. These Terms of Service ("Terms") govern your access to and use of the Orchard Key website located at orchardkey.com (the "Site") and any related services, applications, and features offered by Orchard Key (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By accessing, browsing, or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site or Services.

1. Description of Services

Orchard Key provides an online platform designed to connect consumers with potential lending partners, financial institutions, and related service providers ("Network Partners"). We are not a lender, loan broker, or agent for any lender or loan broker. We do not make credit decisions, originate loans, or guarantee that your application will be approved by any Network Partner. Any loan offer you may receive is solely from the applicable Network Partner, subject to their independent underwriting criteria and terms.

2. Eligibility

To use the Site and Services, you must:

• Be at least 18 years of age (or the legal age of majority in your state of residence);
• Be a legal resident of the United States;
• Have a valid Social Security Number;
• Have the legal capacity to enter into a binding contract; and
• Provide true, accurate, current, and complete information about yourself as prompted by our application forms.

Orchard Key services are not available in all states. We reserve the right to restrict or prohibit access to the Services based on your geographic location.

3. Credit Checks and Consent

By submitting your information through our Site, you are submitting an inquiry to be matched with Network Partners. You expressly authorize Orchard Key and its Network Partners to:

• Obtain consumer reports and related information about you from one or more consumer reporting agencies (such as TransUnion, Experian, or Equifax).
• Perform a "soft" inquiry on your credit report to determine your eligibility for loan products. A soft inquiry will not affect your credit score.
• Share your information with Network Partners to evaluate your eligibility for credit.

If you choose to proceed with a specific loan offer from a Network Partner, that Network Partner may perform a "hard" inquiry on your credit report, which may impact your credit score.

4. User Conduct and Prohibited Activities

You agree to use the Site and Services only for lawful purposes. You are strictly prohibited from:

• Providing false, fictitious, or misleading information or applying for a loan under a false identity;
• Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Attempting to gain unauthorized access to any part of the Site, other user accounts, or computer systems connected to the Site;
• Using any robot, spider, scraping tool, or other automated means to access the Site for any purpose without our express written permission;
• Engaging in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Orchard Key or users of the Site or expose them to liability.

5. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Orchard Key, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of the materials on our Site without prior written consent.

6. Third-Party Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by Orchard Key (including the websites of our Network Partners). Orchard Key has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Orchard Key shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites.

7. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORCHARD KEY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ORCHARD KEY DOES NOT GUARANTEE THAT YOU WILL BE MATCHED WITH A LENDER, THAT YOU WILL RECEIVE A LOAN OFFER, OR THAT ANY LOAN OFFER YOU RECEIVE WILL MEET YOUR FINANCIAL NEEDS OR BE ON FAVORABLE TERMS.

8. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ORCHARD KEY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL 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 SITE, OR ANY SERVICES PROVIDED BY NETWORK PARTNERS, 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, OR LOSS OF DATA, EVEN IF FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Orchard Key, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any 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 or your use of the Site or Services, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

10. Arbitration and Class Action Waiver

Dispute Resolution: Any controversy, claim, or dispute arising out of or relating to these Terms, the Site, or the Services (including the breach, termination, enforcement, interpretation, or validity thereof) shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Arbitration Rules: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Class Action Waiver: YOU AND ORCHARD KEY 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, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and Orchard Key agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

11. Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Subject to the Arbitration provision above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.

12. Modifications to Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

13. Contact Information

If you have any questions, concerns, or comments about these Terms or the Services, please contact us at:

Orchard Key Legal Department
Email: legal@orchardkey.com
Address: Orchard Key, 1201 N Market St, Wilmington, DE 19801