Orchestra One Terms of Service
I. Introduction and Eligibility
II. The Orchestra One Service
The "Orchestra One Service" is defined as any computer or mobile application or software under Orchestra One's control, whether partial or otherwise, in connection with providing the services provided by One Orchestra. The Orchestra One Service provides a platform to store health-related information to make it available to you and your employees.Orchestra One does not give medical advice.Medical Advice. Orchestra One does not give medical advice. The Orchestra One Service may provide helpful information to assist you in medical decision-making. The information and materials available through the Orchestra One Service are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for your professional judgment. You assume full risk and responsibility for the use of information you obtain from or through the Orchestra One Service. You will be solely responsible for the professional and technical services you provide. In addition, we do not recommend or endorse any provider of health care or health-related products, items, or services.We do not screen users.Screening Users. Orchestra One does not screen its users or verify information communicated through the Orchestra One Service, though Orchestra One has the right to monitor such information. Orchestra One does not have responsibility for the conduct of such users, including the information posted by users. Notify us of inappropriate or illegal conduct or content you encounter on the Orchestra One Service.You agree to comply with any additional terms required by our third-party vendors and suppliers, as necessary, to use parts of the Orchestra One Service.Third-Party Services. The Orchestra One Service may include certain third-party software and services. Your use of such software or services may require that you enter into separate subscription or licensing agreements with third-party vendors and suppliers. You agree to comply with and, upon request, execute such agreements as may be required for the use of such software or services.You may allow employees to use the Orchestra One Service on your behalf. You may allow patients to use the Orchestra One Service to pay for your services.You are responsible for the use and misuse of the Orchestra One Service by the employees and patients you allow to access the Orchestra One Service using your account.No Third-Party Access. Except as required by law and described below, you will not permit any third party to have access to the Orchestra One Service using your account. You may allow your employees to use the Orchestra One Service on your behalf in compliance with these Terms. You may also allow patients to make payment for your services through the Orchestra One Service in compliance with these Terms. You are solely responsible for the use of the Orchestra One Service by your employees and patients. We have no liability for the consequences to you or your employees or patients from your or their use of the Orchestra One Service.Responsibility for Misuse by Other Users of Your Account. You acknowledge that by allowing employees and patients to access the Orchestra One Service with your account, you are responsible for ensuring such employees and patients use the Orchestra One Service for the purposes for which they are accessing it. While the Orchestra One Service has certain technical safeguards against misuse, you acknowledge it will rely to a substantial extent on your responsible use. You agree that we will not be responsible for any unlawful access to or use of the Orchestra One Service by any employee or patient to whom you gave access or log-in credentials. You agree that you are responsible for ensuring that health-related information is properly protected under applicable law.You represent and warrant that you received any necessary consents from individuals before posting their information in the Orchestra One Service.Individuals' Consent for Data Collection and Use. You represent and warrant that you have obtained the proper consents, authorizations, and releases from individuals to the fullest extent required by applicable law before posting their health-related information to the Orchestra One Service or initiating any payment transactions.Exporting Information from the Orchestra One Service. You are solely responsible for any health-related information exported from the Orchestra One Service by you or the employees and patients that you allow access from your account. You represent and warrant that you will export and subsequently use protected health information only as permitted by HIPAA and applicable federal and state law.Transferring Information into the Orchestra One Service. You may be able to transfer information from your or third-party data sources into the Orchestra One Service. You represent and warrant that you have all necessary patient authorization for such data transfers and that such data transfers will comply with HIPAA and other applicable federal and state law.Training and Compliance. You agree to train all employees on the use of the Orchestra One Service, HIPAA or health privacy obligations, and the requirements of these Terms and ensure that they comply with such requirements.Compulsory Information Disclosure. You will promptly notify us of any order or demand for compulsory disclosure of health-related information if the disclosure requires access to or use of the Orchestra One Service. You will cooperate fully with us in connection with any such demand.Data Retention. You are responsible for complying with all state and federal laws related to retention of medical data and records, patient access and amendment to information, and patient authorization to release data.
III. Patient Billing
Orchestra One allows you to use the Orchestra One Service to collect payment from patients for the services you provide to them.You will be paid according to our posted payment schedule when the patient payments due to you exceed the minimum payout balance.We may delay payment until such minimum payout balance is reached.We will charge a transaction fee and deduct it from our payments to you.You are responsible for all government taxes, fees, and service charges and all third-party fees and charges related to our payment to you."Minimum payout balance" means the minimum amount collected from patients by the Orchestra One Service and payable to you before we will disburse the payments to you. For example, if the minimum payout balance is $100.00, then we will not disburse payment to you until we have collected at least $100.00 to be paid to you. We may change the amount of the minimum payout balance at our discretion, at any time.Calculating Payment Due to You. We will collect the full amount from the patient, deduct our Transaction Fee, and disburse the remainder to you using your selected payment method.Payment Methods. We may provide multiple payment methods for you to receive payments. When you select a payment method, you agree to allow us to distribute payment to you using that method according to the information you provide to us. For example, if you choose the payment method of direct deposit into your bank account, you agree that we may distribute funds into the bank account using the bank account information you provided to us.Timing of Payments to You. We will make payments to you on a scheduled basis when payments due to you meet the minimum payout balance. We may change the payment schedule at our discretion, at any time. Payment to you may also be delayed for payment processing reasons. For example, if a patient's billing information is manually entered into the Orchestra One Service or a patient's payment is above a certain amount, there may be a processing delay to ensure proper collection of funds from the patient. When you terminate your account, Orchestra One will pay you the remaining balance, minus our Transaction Fees.Holding Payments Due to You. Unless we have collected patient payments due to you totaling at least the minimum payout balance or you terminate your access to the Orchestra One Service, we will hold the funds and roll them into the next scheduled payment. We will continue to roll the funds to the next scheduled payment until the minimum payout balance is reached. Thereafter, we will make payment to you according to Orchestra One Service, we will make the payment due to you before closing your account. We are not liable for any interest on the funds we hold for you.Orchestra One's Transaction Fees. Orchestra One shall charge a payment processing fee of 2.65% subject to change within Orchestra One's sole discretion.Government Taxes, Fees, and Service Charges. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction through the Orchestra One Service. Orchestra One is not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges.Fees Charged by Third-Party Payment Processors. The Orchestra One Service may use third parties to process payments, which may include your financial institution. Use of such third-party payment services and financial institutions is subject to their terms and conditions of use and may include fees to process payments for which Orchestra One will not be responsible. You are responsible for such fees, and Orchestra One disclaims all liability with regards to any fees or problems you have with third-party payment processors. For example, you are responsible for any charges or fees that may be imposed by your bank under its terms and conditions as a result of using the Orchestra One Service.United States Dollars. All monetary transactions take place in U.S. dollars.Electronic Payments Report. Orchestra One may allow you to access reports showing the financial transactions between you and your patients. We rely on third parties for the information we display in the reports, and we are not responsible for their timeliness or accuracy.
IV. Protected Health Information Practices
When we maintain or process protected health information, we comply with HIPAA and a business associate we have formed with you.You agree that our practices with respect to protected health information are governed by the Health Insurance Portability and Accountability Act of 1996, and any amendments and regulations promulgated therefrom (“HIPAA”). By agreeing to these Terms, you also agree to Orchestra One’s Business Associate Agreement, incorporated by reference into these Terms, unless you or your organization have agreed to a different business associate agreement with Orchestra One that applies to your use of the Orchestra One Service.You agree to use the Orchestra One Service only as permitted by HIPAA and other applicable data privacy laws.
V. Account Creation and Secure Credentials
If you create an account on behalf of a health service provider, you agree you have the authority to do so and that you are binding the health service provider.We may take steps to verify you are a health service provider.You are responsible for your log-in credentials and for keeping your account information accurate.You are responsible for any activity resulting from the use of your log-in credentials on the Orchestra One Service.You agree that if you create an account and use the Orchestra One Service on behalf of a health service provider, you have the necessary legal authority and capacity to do so as an authorized agent of the health service provider. Such health service provider will be the primary account holder. You agree that you have the authority to bind the health service provider in legal agreements and contracts. Your agreement to these Terms also binds such health service provider.Owner of Account and Health-Related Information. The primary account holder (i.e., health service provider) holds the legal rights to the Orchestra One Service account and the information posted to the Orchestra One Service by your business entity.Accurate Account Information. You represent and warrant that the information you provide to Orchestra One upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.Verification. You agree that we may take steps to verify your identity and credentials as a health service provider at any time. You agree that we may use and disclose information, including “Confidential Information,” about you for such purposes, including making inquiry of third parties concerning your identity and professional and practice credentials. You authorize such third parties to disclose to us such information as we may request for such purposes, and you agree to hold them and us harmless from any claim or liability arising from the request for or disclosure of such information. You agree that we may terminate your access to the Orchestra One Service at any time if we are unable at any time to determine or verify your qualifications or credentials.Protecting Your Log-In Credentials. As a registered user, you will have log-in information, including a username and password. Your account is personal to the primary account holder, and you may not share your account and log-in information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your account and access credentials, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Orchestra One Service.You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify firstname.lastname@example.org. You will be solely responsible for the losses incurred by Orchestra One and others (including patients) due to any unauthorized use of your account that takes place prior to notifying Orchestra One that your account has been compromised.
Orchestra One may communicate with you by email or by posting notice on the Orchestra One Service. You may request that we provide notice of security breaches in writing.You agree to receive email from us at the email address you provided to us for informational and customer service-related purposes.Electronic Notices. By using the Orchestra One's Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Orchestra One's Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Orchestra One's Service or sending an email to you. You may have a legal right to receive this notice in writing.
VII. Orchestra One's Content Ownership and Use
Orchestra One owns all of the content we create, but you may use it while you use the Orchestra One Service. You cannot use our logo without our written permission.The contents of the Orchestra One Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Orchestra One content (collectively, "Orchestra One Content"). All Orchestra One Content and the compilation (meaning the collection, arrangement, and assembly) of all Orchestra One Content are the property of Orchestra One or its licensors and are protected under copyright, trademark, and other laws.License to You. We authorize you, subject to these Terms, to access and use the Orchestra One Service and the Orchestra One Content solely for the use of Orchestra One's services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Orchestra One Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Orchestra One Content on any copy you make of the Orchestra One Content.Orchestra One Marks. Orchestra One, the Orchestra One logo, and other Orchestra One logos and product and service names are or may be trademarks of Orchestra One (the "Orchestra One Marks"). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Orchestra One Marks.
VIII. Confidential Information
"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include the content you post to the Orchestra One Service, not including personal and health-related information; Orchestra One Confidential Information shall include the Orchestra One Service, customer feedback, and information relating to the performance, reliability, or stability of the Orchestra One Service, operation of the Orchestra One Service, know-how, techniques, processes, ideas, algorithms, and software design and architecture; and Confidential Information of each party shall include business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.Protection of Confidential Information. The Receiving Party shall (i) use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
IX. Intellectual Property Rights and Your License to Use
X. Copyright Policy
Let us know if you think a user has violated your copyright using the Orchestra One Service, or if you think someone incorrectly reported that you violated his or her copyright.The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Orchestra One Service infringe your copyright, you (or your agent) may send Orchestra One a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Orchestra One Service are covered by a single notification, a representative list of such works);Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Orchestra One to locate the material on the Orchestra One Service;Your name, address, telephone number, and email address (if available);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; andA statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Orchestra One a counter-notice.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Orchestra One Service should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. Section 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
XI. Suggestions and Submissions
Do not send us your ideas for a new business or functionality. If you do, we can use them without compensating you.Orchestra One appreciates hearing from its users and welcomes your comments regarding the Orchestra One Service. Please be advised, however, that Orchestra One does not accept or consider creative ideas, suggestions, inventions, or materials ("creative ideas") other than those which we have specifically requested. While Orchestra One values your feedback on our services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send Orchestra One creative ideas, Orchestra One shall:own, exclusively, all now known or later discovered rights to the creative ideas;not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; andbe entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
XII. User Content Disclaimers, Limitations, and Prohibitions
We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users ("User Content"). You accept that any reliance on material posted by other users, vendors, or suppliers will be at your own risk. By using the Orchestra One Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You are solely responsible for Your User Content on the Orchestra One Service. Orchestra One does not endorse any, nor is it responsible for, User Content on the Orchestra One Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.Do not do bad things with the Orchestra One Service, try to break it, or steal our hard work.You agree to use the Orchestra One Service only for its intended purpose and in an authorized manner. You must use the Orchestra One Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Orchestra One Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Orchestra One Service, user accounts, or the technology and equipment supporting the Orchestra One Service;frame or link to the Orchestra One Service without permission;use data mining, robots, or other data gathering devices on or through the Orchestra One Service, unless specifically allowed by these Terms;post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;disclose personal information about another person or harass, abuse, or post objectionable material;sell, transfer, or assign any of your rights to use the Orchestra One Service to a third party without our express written consent;post advertising or marketing links or content, except as specifically allowed by these Terms;use the Orchestra One Service in an illegal way or to commit an illegal act in relation to the Orchestra One Service or that otherwise results in fines, penalties, and other liability to Orchestra One or others; oraccess the Orchestra One Service from a jurisdiction where it is illegal or unauthorized.
XIII. Consequences of Violating These Terms
If you do not act acceptably, we may refuse to provide the Orchestra One Service to you.We reserve the right to suspend or terminate your account and prevent access to the Orchestra One Service for any reason, at our discretion. We reserve the right to refuse to provide the Orchestra One Service to you in the future.We may review and remove any User Content at any time for any reason, including for activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Orchestra One Service.You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Orchestra One Service.
XIV. Orchestra One's Liability
We are not liable for anything our users do when using the Orchestra One Service. We may also change the Orchestra One Service at any time and are not liable for how this may affect you. We don't guarantee the quality or accuracy of any content you view using the Orchestra One Service or other websites.Changes to the Orchestra One Service. We may change, suspend, or discontinue any aspect of the Orchestra One Service at any time, including hours of operation or availability of the Orchestra One Service or any feature, without notice or liability.User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Orchestra One Service, including payment processors and speech-to-text providers. We are also not responsible for disputes or disagreements between you and any patient with or for whom you or the patient have used the Orchestra One Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Orchestra One of all claims, demands, and damages in disputes among users of the Orchestra One Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Orchestra One Service.Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Orchestra One Service, including health-related information. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from third-party vendors or suppliers, such as data resulting from the speech-to-text functionality, or the quality or nature of third-party products or services obtained through the Orchestra One Service. Use the Orchestra One Service at your own risk.We make no promises and disclaim all liability of specific results from the use of the Orchestra One Service.Released Parties Defined. "Released Parties" include Orchestra One and our affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Orchestra One Service at your own risk. We make no warranties or guarantees.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE ORCHESTRA ONE SERVICE IS AT YOUR SOLE RISK, AND THE ORCHESTRA ONE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE ORCHESTRA ONE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE ORCHESTRA ONE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE ORCHESTRA ONE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ORCHESTRA ONE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE ORCHESTRA ONE SERVICE WILL MEET YOUR EXPECTATIONS, (v) THE ORCHESTRA ONE CURRENCY HAS ANY VALUE, AND (vi) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ORCHESTRA ONE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Orchestra One Service. If you use the Orchestra One Service in a way that causes us to be included in litigation, you agree to pay all of our legal fees and costs.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR PATIENTS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ORCHESTRA ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ORCHESTRA ONE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE ORCHESTRA ONE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE ORCHESTRA ONE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE ORCHESTRA ONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ORCHESTRA ONE SERVICE OR YOUR USE OF ORCHESTRA ONE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Orchestra One Content or the use of the Orchestra One Service, (iii) any activity on the Orchestra One Service under your log-in credentials, or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XV. General Terms
These Terms constitute the entire agreement between you and Orchestra One concerning your use of the Orchestra One Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
XVI. Arbitration, Class Waiver, and Waiver of Jury Trial
We are located in California, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Orchestra One Service.These Terms and the relationship between you and Orchestra One shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Orchestra One agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Orchestra One Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco county in the state of California. You covenant not to sue Orchestra One in any other forum.