Orchid Pediatrics reserves the right to change the Terms, including but not limited to the charges associated with the services Orchid Pediatrics provides (“Services”), at any time with or without prior notice to you. When we change these Terms, we will update the Effective Date above. Your continued use of the Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

This Site may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Orchid Pediatrics and Orchid Pediatrics is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Orchid Pediatrics is not responsible for any form of transmission received from any Linked Site. Orchid Pediatrics is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Orchid Pediatrics of the Linked Site or any association with its operators. Please note that these Terms of Use and linked policies only apply to the Site. We encourage you to read the terms of use, privacy policies, and other policies that apply to these Linked Sites.

The Site and its contents, features, look and feel, and functionality (including but not limited to all information, resources, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Orchid Pediatrics, our 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 use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site except as follows:

• • • Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    • You may print or download resources that we make available to members for your own personal, non-commercial use. You may not distribute as your own material or sell any material that we make available to you for print or download.

You are prohibited from and must not:

• • • Modify copies of any materials from the Site.
    • Use or copy any materials available on the Site for commercial purposes.
    • Use any illustrations, photographs, video or audio sequences, or any graphics without our permission.
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
    • You must not access or use any part of the Site or any services or materials available through the Site for commercial purposes.
    • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will immediately cease, and you must, at our option, return or destroy any copies of the materials you have made.

No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

As a condition of your use of this Site, you warrant to Orchid Pediatrics that you will not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You agree not to use the Site:

• • • In any way that violates any applicable federal, state, local, or international law or regulation.
    • For the purpose of exploiting, harming, or attempting to exploit or harm individuals in any way by exposing them to inappropriate content.
    • To transmit or procure the sending of any advertising, solicitation, or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate any person or entity.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
    • To engage in any conduct which is or could be considered obscene, harmful, or harassment.

Additionally, you agree not to:

• • • Use 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, including their ability to engage in real-time activities through the Site.
    • Use any robot, spider, or another automatic device, process, or means to access the Site for any purpose, including monitoring, scraping, or copying any of the material on the Website.
    • Use any manual process to monitor, scrape, or copy any of the material on the Site or for any other purpose not expressly authorized in these Terms without our prior written consent.
    • Use any device, software, or routine that interferes with the Site.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
    • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

This Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• • • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
    • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or of publicity) unless you own or control the rights thereto or have received all necessary consents.
    • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
    • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
    • Conduct or forward surveys, contests, pyramid schemes or chain letters.
    • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
    • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
    • Restrict or inhibit any other user from using and enjoying the Communication Services.
    • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
    • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
    • Violate any applicable laws or regulations.

Orchid Pediatrics has no obligation to monitor the Communication Services. However, Orchid Pediatrics reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Orchid Pediatrics reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Site or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible or liable to you or any third party for the content or accuracy of any materials or recommendations provided by any third parties or for the services provided by any third party.

THE INFORMATION PROVIDED BY OR THROUGH THE SITE IS NOT DIAGNOSTIC, MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL ADVICE. YOU SHOULD ALWAYS SEEK THE ADVICE OF A HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.

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 OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORCHID PEDIATRICSAND/OR OUR AFFILIATES, SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL THEORY (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, EVEN IF ORCHID PEDIATRICS OR ANY OF ITS AFFILIATES, SUPPLIERS, LICENSORS, EMPLOYEES, AGENTS, OR DIRECTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

All contents of this website are Copyrighted © 2021. All Rights Reserved. All other trademarks, service marks and logos used in this website are the property of their respective owners.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, you may report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our designated copyright agent. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, that we deem appropriate, including removal of the challenged content.

DMCA Notice of Alleged Infringement (“Notice“)

1. Identify the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including, at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
   2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the Orchid Therapeutics Designated Copyright Agent:

            Orchid Therapeutics

            ATTN: Copyright Agent

            522 W. Riverside Ave., Suite 5415

            Spokane, WA 99201

These Terms shall be interpreted consistently with federal law applicable to the parties, provided that state law issues shall be exclusively interpreted according to the laws of the State of Washington, without regard to choice of law principles. Jurisdiction and venue for any dispute arising from or pertaining to these Terms be in the Circuit Court of the State of Washington for Spokane or the U.S. District Court for the District of Washington.
If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Please contact us by phone at (503) 208-4007 or by mail at 522 W. Riverside Ave., Suite 5415, Spokane, WA 99201.

This Privacy Policy describes how we, Orchid Pediatrics, collect, use, and share your personal information. This Privacy Policy applies to information that we collect when you visit our website, www.orchidpediatrics.com (“Site”) or when you use our services (“Services”). This Privacy Policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information. Personal information is information that is individually identifiable. Personal information that has been de-identified is no longer personal information and is not subject to the terms of this Privacy Policy.

The Site and Services allow our members and other users to view health-related information, communicate with our practitioners and staff, arrange for clinical services, and access additional services.

All of your protected health information maintained by Orchid Pediatrics, including information you provide on the Site or via the Services, is also subject to the privacy notices issued under the Health Insurance Portability and Accountability Act (“HIPAA”). These privacy notices may contain additional provisions relating to the use and disclosure of your information that go beyond the terms of this Privacy Policy.

We collect the following:

• • • contact information such as name, email address, mailing address, and phone number
    • age or date of birth
    • unique identifiers such as username, account number, and password
    • preferences information such as preferred first name and the types of emails you’d like to receive from us
    • health or medical information (such a health symptoms, health conditions and medications), but only through HIPAA compliant software plugins
    • debit and credit card information
    • your device location

We use the personal information we collect in the following ways:

• • • communicate your health information, or the health information of someone you are caring for, to health care providers treating you or the other person
    • communicate to you the health information of others you are authorized to act on behalf of
    • help you process prescription refills or medical bills
    • send you requested product or Service information
    • respond to customer service requests
    • administer your account
    • to process insurance claims
    • send you newsletters, voice messages, text messages or email communications
    • respond to your questions and concerns
    • improve our Site and for our own marketing efforts
    • conduct internal quality improvement or business analysis
    • customize your experience on the Site, including the display of location-based information that’s relevant to your care and how to find care
    • de-identify the information in accordance with HIPAA and/or other applicable law
    • for legal and compliance purposes, including any legal claims between us
    • as may be allowed under applicable law
    • for information security purposes, including to investigate, respond to, remediate, and protect the Site or Services from information security incidents

When you provide us with personal information about dependents and family members, we will only use this information for the specific reason for which it is provided. Any personal information you provide us when seeking health insurance or coverage is a voluntary submission of that information under applicable law.

We may disclose personal information to any person performing audit, legal, operational, or other services for us.  Information disclosed to vendors or contractors for operational purposes may not be re-disclosed to others by such a vendor or contractor, except as permitted by Orchid Pediatrics and applicable law.

We may also disclose your personal information to third parties who provide services on our behalf to help with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us pursuant to written instructions. In such cases, these companies must abide by our data privacy and security requirements, and are not allowed to use your personal information they receive from us for any other purpose.

These services include:

• • • payment processing
    • pharmacists
    • educational facilities
    • appointed advocates (with a release of information)
    • state agencies (with a release of information)
    • providing customer service
    • sending marketing communications
    • fulfilling subscription services
    • conducting research and analysis
    • providing software infrastructure

We may also disclose your personal information:

• • • as required by law, such as to comply with a subpoena, or similar legal process
    • as described in our HIPAA privacy notices for protected health information
    • when we believe in good faith that disclosure is necessary to protect our rights, protect you or others safety from threats of imminent harm, investigate fraud or other activity in violation of the law, or respond to lawful request by public authorities (including to meet national security or law enforcement requirements)
    • to protect the security and reliability of the Site
    • if Orchid Pediatrics is involved in a merger, acquisition, or sale of all or a portion of its assets. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
    • to any other third party with your prior consent to do so
    • to entities to carry out business planning and development and business management and general administrative activities, such as to provide, maintain and personalize our sites and services, and to communicate with you

In addition to web logs, described below, Orchid Pediatrics uses information on Site activity, such as how many people visit the Site, the web pages or mobile screens they visit, and where they come from. This information is collected in the aggregate, in that this information is not personally identifiable. This information helps us improve our content and overall usage. The information is not shared with other organizations for their independent use.

Like many websites, we use “cookies,” pixels, or other automatic tracking technologies to collect information. Cookies are alphanumeric identifiers in the form of data files that are inserted and stored by your web browser on your computer’s hard drive. Through cookies or similar tracking technologies, we collect usage information like activity data, IP address, the website you came from before visiting the Site or Services, browser type and setting, time/date, language preferences, and device information (device ID, unique device identifiers, crash data).You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being set. Most Internet browsers will allow you to block cookies from being stored on your computer and to delete cookies stored on your computer. However, if you choose to eliminate cookies, the functionality of the Site or Services may be impaired.

Comments or questions sent to us using email or secure messaging forms will be shared with Orchid Pediatrics staff and health care professionals who are most able to address your concerns. We will archive your messages once we have made our best effort to provide you with a complete and satisfactory response.

Some of our Services such as our automated appointment selection interact directly with other Orchid Pediatrics data systems.

When you use a Service on the secure section of the Site to interact directly with Orchid Pediatrics health care professionals, some information you provide may be documented in your medical record, and available for use to guide your treatment as a patient.

You can request to view and correct personal information from the Site or Service. Such requests may be submitted using the contact information in the “Contact” section below.
If your personal information changes, you have can update or request deletion of information, or if you believe a third party has provided us with your personal information and you would like to request that it be edited or removed, please use the contact information in the “Contact” section below. We will respond to all requests within 30 days.
State and federal laws may allow you to request that we limit our uses and disclosures of your personal information for treatment, payment, and health care operations purposes. We will consider all requests and, if we deny your request, we will notify you in writing. Federal law requires us to agree to your request to restrict disclosures to a health plan or insurer relating to specific health care services, if you have paid for those services in full. The law does not, however, require us to restrict any disclosures we think are important for treatment purposes.

We take reasonable steps to protect your personal data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction, taking into due account the risks involved in the processing and the nature of the information. However, no website, application, Internet, or email transmission is ever fully secure or error free, and we do not guarantee the security of any information.

We take reasonable steps to protect your personal data from loss, misuse, or unauthorized access, disclosure, alteration, or destruction, taking into due account the risks involved in the processing and the nature of the information. However, no website, application, Internet, or email transmission is ever fully secure or error free, and we do not guarantee the security of any information.

We may make changes to this privacy policy from time to time. We will post any changes here, and such changes will become effective when they are posted. Your continued use of the Site or our Services, or your interaction with us following the posting of any changes will mean you consent to those changes.

Please contact us by phone at (503) 208-4007 or by mail at 522 W. Riverside Ave., Suite 5415, Spokane, WA 99201.