TERMS OF USE
Last updated: September 15, 2020
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Welcome to www.uptownorchid.com. Please review the following terms and conditions of use, which govern your use of this Site (the "Agreement").
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General Site Terms
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of mmblockers.com including any content, functionality and services offered on or through mmblockers.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Uptown Orchid LLC and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement frequently. If you do not agree to these terms, please do not use the Site.
The Site and its contents are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including without limitation, warranties of title and implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. To the full extent permissible by applicable law, Uptown Orchid LLC disclaims all such warranties and expressly disclaims any duty to update or revise the materials on the Site. Your use of the Site is at your sole risk, and you assume full responsibility for any costs directly or indirectly associated with your use of the Site. Uptown Orchid LLC shall not be liable for any damages of any kind related to your use of the Site.
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Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will make every attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be erroneous, or placed by dealers, resellers or distributors.
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Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Site Contents
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Uptown Orchid LLC.
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The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Products Sold on This Site
Many products displayed on the Site are available at the Uptown Orchid LLC store in the United States. The prices displayed on the Site are quoted in U.S. Dollars.
In an effort to ensure customer satisfaction, we offer a 30-day return and exchange policy. If an item(s) is defective upon arrival you may exchange or return it refund within 30-days from the date of purchase. Customers will who desire a refund will receive the original amount paid, minus shipping.
In order to be eligible for return or refund, item(s) must not have been worn, damaged, scratched, or in any way be unable to restock. Additionally, merchandise may only be refunded or exchange if it is in its original packaging accompanied by the original packing slip or order number.
Shipping on all returned items is non-refundable. All sales are final after 30 days from receipt.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Website and Services
The Site may contain links to other Websites that are not under the control of Uptown Orchid LLC. Uptown Orchid LLC has no responsibility for the linked Website nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
Disclaimer
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Uptown Orchid LLC expressly disclaims any duty to update or revise the materials on the Site, although Uptown Orchid LLC may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. Uptown Orchid LLC shall not be liable for any damages of any kind related to your use of the Site.
Indemnification
You agree to defend, indemnify and hold Uptown Orchid LLC, its officers, directors, employees, agents and third parties harmless from and against any and all claims, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Arbitration
​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Huntsville, AL. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
International Users
This website is controlled, operated and administered by Uptown Orchid LLC from our office within the USA. If you access the merchandise from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not purchase merchandise accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination
Uptown Orchid LLC reserves the right, in its sole discretion, to terminate your access to the Website or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the Terms: