Welcome to the Orca Card Cove LLC Online Store. The following terms of use (the "Terms of Use") delineate the contractual obligations governing your access to and utilization of this website, www.orcacardcove.com, inclusive of its mobile version (collectively referred to as the "Website"), and any associated mobile application (the "App"), if available, regardless of access method (collectively referred to as the "Properties"). These Properties are the proprietary assets of Orca Card Cove LLC, a Wisconsin limited liability company, and/or its affiliates ("Orca Card Cove LLC," "we", "us", "our"). Your engagement with the Properties, including any additional features, content, or applications provided therein, is perpetually subject to these Terms of Use, as may be amended by us, in conjunction with all pertinent laws, regulations, and statutes. It is imperative that you review these Terms of Use meticulously. Should you find dissatisfaction with these Terms of Use, the Properties, or any content therein, your exclusive recourse is to cease utilization of the Orca Card Cove LLC.

1.    ACCEPTANCE OF TERM AND CONDITIONS

By accessing and utilizing the Properties, you affirm that you have comprehensively read, understood, and agree to be legally bound by these Terms of Use. Failure to agree to these terms precludes your access to or utilization of the Properties. These Terms of Use are subject to prospective modification, alteration, or amendment by us at our sole discretion, without prior notification. In the event of material alterations to the Terms of Use, we will provide notice through a notification, updated Terms of Use on the Properties, or via email (dispatched to the email address specified in your account, if applicable), before or upon the changes taking effect. Consequently, upon accessing or utilizing the Properties, it is incumbent upon you to ascertain the date of the Terms of Use and remain informed of any revisions since the preceding version. Your continued access to and utilization of the Properties after the publication of any amendments to these Terms of Use signifies your acceptance of such modifications. Your access to and utilization of the Properties shall be governed by the Terms of Use in force at the time of such access or utilization.

2.    OTHER TERMS AND CONDITIONS; PROMOTIONS AND COUPONS.

Certain provisions outlined in the Terms of Use may be supplanted by expressly designated legal notices, regulations, or other terms situated on specific pages of the Properties. Additionally, to partake in or utilize certain services, promotions, discounts, or coupons periodically offered concerning the Properties ("Offers"), you may be obligated to consent to additional or distinct terms and conditions ("Additional Terms"). Some Offers may also be subject to additional prerequisites or restrictions imposed by us or participating third parties, such as vendors or other merchants affiliated with the Offer, or the exclusion of merchandise from an Offer, which shall also form part of the Additional Terms. Certain merchandise, shipping methods, costs, membership programs, and/or delivery times may be altered or rendered unavailable in conjunction with an Offer. Your redemption of the Offer or utilization of such pages signifies your unconditional acceptance of the Additional Terms. In the event of an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail, and the non-conflicting provisions in these Terms of Use will remain applicable. For clarity, the absence of mention regarding a specific term in either these Terms of Use or any Additional Terms does not constitute a conflict.

If an Offer does not include Additional Terms, then only these Terms of Use shall apply. Pursuant to these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is exclusively valid at the Property specified in the Offer and not at any other establishment; (b) pertains solely to in-stock merchandise and excludes gift cards or services; (c) is not redeemable for cash or cash equivalents; (d) is restricted to one Offer per individual, household, or address; (e) must be applied at checkout and/or within your account for redemption; (f) may not be combined with any other coupons or offers; (g) is limited to single-use; (h) expires no later than one year from the date of issuance or as mandated by applicable law, unless terminated by us as permissible herein; and (i) cannot be replicated, altered, sold, traded, or used for any tax payments, such as sales tax, shipping, handling, or any value-added service. Additionally, some Offers may be provided in the form of a voucher. If you acquire a voucher with a promotional value exceeding the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the conclusion of the relevant promotional period. We reserve the right to restrict, modify, or annul any Offer or associated order, without prior notice, even after your attempted redemption of the Offer or placement of your associated order.

3.    PROPERTIES USAGE

The content and information provided by Orca Card Cove LLC on the Properties are to be utilized solely for informational, personal, or other purposes expressly authorized by Orca Card Cove LLC. By accessing and utilizing the Properties, you affirm and guarantee that: (a) all information you furnish is truthful and accurate; (b) you will uphold the accuracy of said information; (c) you are 18 years of age or older; and (d) your utilization of the Properties does not contravene any applicable laws, rules, or regulations. Although we offer merchandise intended for children's use, such items are exclusively intended for purchase by adults. The Properties are designed for general use and are not specifically targeted at children under the age of 16. It is intended for use by residents of the United States or non-residents who consent to utilize the Properties in accordance with U.S. laws, these Terms of Use, and our Privacy Policy. If you are situated in the European Economic Area ("EEA"), utilizing the Properties, you additionally assert and warrant that you (i) are situated within the U.S. or (ii) are situated outside the EEA and consent to abide by U.S. laws. Utilization of and access to the Properties are null and void where prohibited by law.

4.    PROHIBITED USE

Utilizing the Properties for any unauthorized, illegal, or unlawful purpose is strictly prohibited. Engaging in such activities or violating these Terms of Use may result in immediate termination of your access to the Properties and may expose you to legal consequences. We reserve the right to take appropriate legal action against individuals found to be using the Properties in an unauthorized or unlawful manner. Additionally, we retain the authority to remove any unauthorized content, links, or materials from the Properties without prior notice. Examples of prohibited activities on the Properties include, but are not limited to:

• Reproducing, modifying, displaying, performing, distributing, republishing, or transmitting any content or material from the Properties without obtaining our prior written consent;
• Collecting usernames and/or email addresses of users for the purpose of sending unsolicited email;
• Employing framing or similar techniques without obtaining our prior written permission;
• Establishing or maintaining any link from another website to any page on the Properties without obtaining our prior written permission;
• Engaging in criminal or tortious activities, such as fraud, spamming, sending viruses, copyright infringement, patent infringement, or theft of trade secrets;
• Concealing or altering banner advertisements on the Properties through HTML/CSS or any other means;
• Employing any automated system to alter content on the Properties;
• Disrupting or burdening the Properties or the associated networks, systems, or services;
• Using any automated system or software to extract data from the Properties for commercial purposes;
• Attempting to impersonate another user or individual during checkout or elsewhere on the Properties;
• Accessing another user's account, username, or password, or disclosing your password to any third party;
• Displaying advertisements or accepting payment from a third party in exchange for performing commercial activities on or through the Properties;
• Using the Properties for harassing, threatening, libelous, abusive, obscene, or privacy-invading purposes;
• Including prohibited content in merchandise offered for sale through the Properties, such as obscene or unauthorized images, names, or likenesses;
• Using the Properties in a manner that contravenes any applicable laws, rules, or regulations.

5.    THIRD-PARTY LINKS

Some content, products, and services accessible through our Service may incorporate materials sourced from third parties.

Third-party links featured on this site may redirect you to websites that are not affiliated with us. We do not undertake the examination or evaluation of the content or accuracy of such links, and we disclaim any warranty and shall not assume any liability or responsibility for any third-party materials, websites, or any other materials, products, or services provided by third parties.

We shall not be held liable for any damages or harm arising from the purchase or utilization of goods, services, resources, content, or any other transactions conducted through third-party websites. Before engaging in any transaction, please carefully review the policies and practices of the third party involved. Any complaints, claims, concerns, or inquiries regarding third-party products should be addressed directly to the third party.

6.    ERRORS INACCURACIES AND OMISSIONS

From time to time, there may arise instances of typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service. These may pertain to product descriptions, pricing, promotions, offers, shipping charges for products, transit times, and product availability. We hereby reserve the right to rectify any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information within the Service or on any associated website is found to be inaccurate at any given time, without prior notice (including after you have placed your order).

We are under no obligation to update, amend, or clarify information within the Service or on any associated website, including pricing information, except as may be required by law. The absence of a specified update or refresh date indicated within the Service or on any associated website should not be interpreted as indicating that all information within the Service or on any associated website has been modified or updated.

7.    PRODUCT AVAILABILITY, CONTENT AND SPECIFICATIONS

The presence of any products or services on the Properties does not indicate or guarantee their availability at any specific time, nor does it assert the accuracy or completeness of the listed attributes. The actual appearance of products may vary depending on individual computer systems, and we cannot ensure the precise replication of color, texture, or detail. We do not endorse and have not authenticated the accuracy or reliability of any opinions or statements made on the Properties by any third party, including but not limited to customers, manufacturers, distributors, or suppliers of products and services offered through the Properties. Product packaging and accompanying materials may contain supplementary or differing information. It is advisable to carefully review labels, warnings, directions, or other materials provided with the product before usage.

Furthermore, we reserve the right to modify information regarding price, availability, or other product attributes without prior notice. Should a product be listed at an incorrect price due to typographical error or misinformation, we retain the authority to cancel orders for such products, regardless of whether the order has been confirmed or your payment method has been charged. If your credit card has already been charged for a purchase and your order is subsequently canceled, we will promptly refund any such charges within a commercially reasonable timeframe following cancellation. Please note that the duration of time required for your financial institution to process the refund may vary and is governed by your agreement with them.

8.    PLACING AN ORDER

Upon placing an order, you affirm the legality of possessing and using the products in your intended location and agree to comply with all applicable laws and regulations. You also confirm your authority to use the provided payment method and agree not to resell the products.

We reserve the right to limit order quantities, refuse service, or cancel orders for any reason, including after submission. Additional verification may be required before accepting or shipping orders. Receipt of an order confirmation does not constitute acceptance of the order; acceptance occurs upon product shipment. Risk of loss and title transfer to you upon delivery to the carrier, and you are responsible for filing any claims for damaged or lost shipments. It is your responsibility to comply with all relevant laws regarding product possession or use.

If shipping internationally, you authorize us to engage a third-party carrier for shipping and importation, with any associated fees collected at checkout.

9.    INTELLECTUAL PROPERTY

All content found on the Properties, including but not limited to text, graphics, icons, images, clips, and software, is protected by copyright, trademark, and other applicable laws. Names, logos, taglines, icons, and marks displayed on the Properties are the exclusive property of Orca Card Cove LLC. and/or its affiliates, with all rights reserved, and may not be utilized by you without our prior written consent. Unless expressly stated otherwise, all other intellectual property featured on the Properties belongs to its respective owner. We retain all rights not explicitly granted in and to the content and services provided by the Properties.

10.  USER GENERATED CONTENT

In designated areas of the Properties or on platforms we own or operate, including social media platforms like Facebook, Instagram, Twitter, and Pinterest ("Other Platforms"), users may have the ability to share content. You are solely accountable for any content (including photos, artwork, videos, text, graphics, and other information) you upload, post, or otherwise provide to us through the Properties or Other Platforms ("User Content"). Any User Content you share will be considered non-confidential and non-proprietary. By providing User Content, you grant us a global, royalty-free, perpetual, irrevocable, transferable right to utilize, reproduce, distribute, display, publish, sell, and create derivative works from the User Content. We may also freely use any ideas, concepts, know-how, or techniques contained in such User Content for various purposes, including product development, manufacturing, and marketing. You acknowledge that User Content may be displayed on platforms other than the Property where it was submitted, including Other Platforms.

You affirm and warrant that: (a) you either own the User Content you post on the Properties or have the necessary rights to grant the license described in this Section; (b) your User Content does not violate the rights of any person or entity, including privacy, publicity, or intellectual property rights; and (c) posting User Content on the Properties does not breach any contract between you and a third party. You agree not to use a false or misleading email address, impersonate others, or mislead regarding any User Content. You are responsible for any royalties, fees, or other payments owed to any individual due to your User Content.

We are not obligated to monitor User Content but may, at our discretion, periodically review it for compliance with these Terms of Use. We reserve the right to reject, refuse to post, edit, or remove any User Content at any time and without notice, for any reason or no reason at all.

11.   TERMINATION OF ACCESS AND/OR ACCOUNT.

We reserve the right to limit, suspend, or terminate your access to the Website or Other Platforms, including your account registration and ability to post User Content, at any time, with or without notice, and with or without cause, in addition to any other rights or remedies available to us under these Terms of Use or applicable law. Furthermore, we may report any information regarding illegal activities, including your identity, to the appropriate authorities.

12.   TERMS

These Terms of Use shall remain valid and enforceable for the duration of your use or access to the Properties, or while you maintain an account with the Properties. Please refer to our Privacy Policy for instructions on modifying or deleting your account.

 

13.    INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Orca Cove LLC, its subsidiaries, affiliates, suppliers, licensors, and each of their respective officers, directors, employees, agents, and contractors (collectively referred to as the "Orca Cove Parties") from and against any claims, demands, actions, damages, liabilities, losses, costs, and expenses, including without limitation, reasonable attorneys' fees, arising out of or in connection with:

• Your use of the Orca Cove LLC website or services in violation of these Terms of Use or any applicable laws or regulations.
• Any content or material you submit, post, transmit, or make available through the Orca Cove LLC website or services.
• Any violation of third-party rights, including but not limited to copyright, trademark, trade secret, or other intellectual property rights, arising from your use of the Orca Cove LLC website or services.
• Any breach of your representations, warranties, or obligations under these Terms of Use.
• Any negligent or wrongful conduct by you or any act or omission by you that causes harm to Orca Cove LLC or any third party.

You agree to promptly notify Orca Cove LLC of any claims or demands made against Orca Cove LLC by a third party and to cooperate fully in the defense of such claims or demands. Orca Cove LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Orca Cove LLC in asserting any available defenses.

14.    DISCLAIMER OF WARRANTIES

YOUR UTILIZATION OF THE PROPERTIES IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR ADHERING TO THESE TERMS OF USE AND ALL RELEVANT LAWS CONCERNING THE USE OF THE PROPERTIES. EXCEPT AS EXPLICITLY PROVIDED OTHERWISE IN THESE TERMS OF USE, THE PROPERTIES, ENCOMPASSING ALL INFORMATION AND CONTENT AVAILABLE ON OR ACCESSIBLE THROUGH THE PROPERTIES, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHERMORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS, AND THE PRODUCTS OR SERVICES LISTED OR PROCURED THROUGH THE PROPERTIES. WE DO NOT WARRANT THAT THE FUNCTIONS WITHIN THE PROPERTIES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE RECTIFIED, OR THAT THE PROPERTIES OR THE SERVER MAKING IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE PROPERTIES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER IS AN ESSENTIAL COMPONENT OF THESE TERMS.

15.    LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE ORCA COVE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR UTILIZATION OF THE PROPERTIES, YOUR INABILITY TO UTILIZE THE PROPERTIES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE ORCA COVE PARTIES HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE ORCA COVE PARTIES' LIABILITY FOR ANY DIRECT DAMAGES EXCEED THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM AT ISSUE IN THE TWELVE MONTHS PRECEDING THE CLAIM OR TEN UNITED STATES DOLLARS.

16.    GOVERNING LAW

These Terms of Use and your utilization of the Properties shall be governed by the laws of the United States and the State of, without regard to conflicts of law principles, irrespective of your location or point of access to the Properties.

17.    AMENDMENTS TO TERMS OF SERVICE

The latest version of the Terms of Service is always accessible on this page.

We retain the sole discretion to modify, alter, or substitute any portion of these Terms of Service by publishing updates and revisions on our website. You are responsible for regularly reviewing our website for any alterations. Your ongoing use or access of our website or the Service after the posting of any modifications to these Terms of Service signifies your acceptance of said changes.

18.    CONTACT US

At Orca Card Cove LLC, we value open communication with our customers. If you have any questions, concerns, or feedback regarding our products, services, or your shopping experience, please don't hesitate to reach out to us.

You can contact us through the following channels:

Email: Orcacardcove@gmail.com

We appreciate your interest in Orca Card Cove LLC and look forward to serving you.