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Terms of Use

1. Acceptance of Terms

Moving Up Garage Door Company ("Site" or "we", "us", "our"), provides public access to our website, located online (the "Site"). The use of our site, and purchase of products and services, is subject to your acceptance of this Website User Agreement ("Agreement"). By accessing, browsing, framing, purchasing, using and/or linking to the Site, you become a User (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the Site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement please contact us by e-mail before using the Site. All sales are subject to and expressly conditioned upon these Terms of Use and upon User抯 assent thereto.

2. Types of Users

Any person accessing, browsing, or otherwise using the Site, either manually or via an automated device or program, shall be deemed a "User" under this Agreement.

3. Price Guarantee Information

Occasionally, you may buy an item that goes on sale in the next few days. We are more than happy to adjust your purchase price to match the new price. The adjustment will be in the form of a store credit for future use on purchases. The rules and policy are listed below: Prices are only guaranteed for 10 days. Any order older than 10 days does not qualify for this guarantee. To request a price adjustment, please call us at 877 379 4947.

4. Declined Credit Card and Address No-Match Policy

If your credit card is declined or if the billing address you provide us does not match the billing address on file with your credit card, we will contact you via email to notify you. Please make sure that you provide an accurate e-mail address and check your e-mail after you place an order.

If your credit card is declined or you do not provide a correct billing address, the products that you ordered will no longer be held for you, so it is important that you respond as quickly as possible so that we do not sell out of the item you have ordered. In the event that we do sell out, your order will be put on the backorder list and we will ship it as soon as another shipment arrives.

Any order with a declined credit card or a no match on the billing address will be canceled after 30 days. After 30 days, if we have not heard from you and you wish to still receive you order, you must re-order your product. An email notification will not be sent in the event that your order is canceled after 30 days.

5. Sale Price Rules

We occasionally run sales on products.

Sale prices are only valid during the published time and may not be applied to previous orders (unless less than 10 days old, see Price Guarantee Rules).

Sale prices are not honored after a sale has ended.

If you would like more information on sales and other promotions, we suggest that you sign up for our monthly newsletter that outlines the coming sales and promotions.

6. When will I receive my Order

Delivery time

We are not responsible for shipping delays that are a result of acts of nature, credit card/billing problems, product availability delays or order changes made after the order has been placed.

Domestic Services

Post Office Delivery - Delivery time is 4 - 8 business days.  Your package will ship UPS until the final delivery which the post office will make. Choose this method if your order needs to be delivered by the post office like a PO box. This method does not have insurance. If you want your package insured please choose a standard UPS service. If your order is placed M-F, before 3 P.M. CST, your order will usually leave our facility the same day you order it. UPS picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one.

UPS Ground - Delivery time is 1 - 5 business days.  If your order is placed M-F, before 3 P.M. CST, your order will usually leave our facility the same day you order it. UPS picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. UPS Ground comes with $100 of insurance. Give us a call at 877 379 4947 for a quote for additional insurance. To judge how long it will take UPS to get your package from our facility to your doorstep, you can visit UPS.com. We ship from the following zip code: 60050

UPS Three Day Select- Delivery time is 3 business days.  If your order is placed M-F, before 3 P.M. CST, your order will usually leave our facility the same day you order it. UPS picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. UPS Three Day Select comes with $100 of insurance. Give us a call at 877 379 4947 for a quote for additional insurance. Your order will arrive on your doorstep in three days, starting with shipping day number one.

UPS Two Day Air- Delivey time is 2 business days.  If your order is placed M-F, before 3 P.M. CST, your order will leave our facility the same day you order it. UPS picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. UPS Two Day Air comes with $100 of insurance. Give us a call at 877 379 4947 for a quote for additional insurance. Your order will arrive on your doorstep in two days, starting with shipping day number one.

UPS Next Day Air- Delivery time is the next business day.  If your order is placed M-F, before 3 P.M. CST, your order will leave our facility the same day you order it. UPS picks up from our facility at the end of the day during the week, so the following day is considered shipping day number one. UPS Next Day Air comes with $100 of insurance. Give us a call at 877 379 4947 for a quote for additional insurance. Your order will arrive the day after the order is placed, if your order is placed before 3P.M. MST.

IMPORTANT EXCEPTIONS: UPS does not pick up or deliver orders on Saturday, Sunday, or major holidays. The days that UPS is not picking up or delivering are NOT considered shipping days. When counting your shipping days, consider this important information.

*We are not responsible for UPS' performance. Once a package leaves our facility, it is out of our hands. If you need to file a claim for a package that was lost during shipping, please contact our shipping department, and we will file the claim on your behalf with UPS. UPS only guarantees and accepts claims for fast shipments, (not ground). UPS does not guarantee all air shipments during the Christmas holiday. Please see their website for all details.

International Services

Economy Shipping- If your order is placed M-F, before 3 P.M. CST, your order will leave our facility the same day you order it. The following day is considered day number one. Economy shipping takes 4 - 10 weeks for delivery depending on your country. Economy shipping is USPS First Class International and may not include a tracking number.

Standard Shipping- If your order is placed M-F, before 3 P.M. CST, your order will leave our facility the same day you order it. The following day is considered day number one. Standard shipping takes 1 - 3 weeks for delivery depending on your country. Economy shipping is USPS Priority Mail International and includes a tracking number.

*We are not responsible for your countries customs and tariffs. It is the customers responsibility to know this prior to ordering. Packages that are lost or sent back is at the customers expense.

 

7. International Users

We make no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Please see more important information about International Ordering. We currently ship to the following countries: United States, Canada, Australia, China, France, Italy, Japan, Germany, New Zealand, Spain, United Kingdom, Norway, Sweden, Switzerland, Denmark, Netherlands, Finland, Puerto Rico, U.S. Virgin Islands and the British Virgin Islands.

At this time we may not be able to ship to any countries that are not listed above.

RESTRICTED ITEMS

The Following Items are NOT AVAILABLE for international shipment: complete garage door openers and batteries.

8. Privacy

You agree that you have read and understand the terms of the Site Privacy Policy, which can be accessed at Privacy Policy.

9. System Outages

Site periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. Site shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

10. Indemnification

You agree to indemnify, defend and hold our company and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Site's defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of us.

11. Intellectual Property

The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of the site and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of us. You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by us. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of our company or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Company copyright.

12. Policy Regarding Copyright Infringement and Designation of a Copyright Agent

Our site s policy regarding copyright infringement and our designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below: Company respects the intellectual property rights of others and requires those that visit our web site to do the same. We may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network. If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify our Webmaster by written notice. The notice should include the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; Your name, address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF COMPANY OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. WE SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, DOWN TIME, LOSS OF REVENUE, LOSS OF PRODUCTS OF BUYER OR OTHER USE, OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY OUR GROSS NEGLIGENCE. SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL COMPANIES TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED FEES PAID, IF ANY TO US FOR THE USE OF THE SITE BY YOU. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF US, OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.

14. Your Account and Membership Obligations

In consideration of your use of the Site you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the "Registration Information"); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site and future access to the Site. You are responsible for maintaining the confidentiality of your password, account number, and site membership number (collectively, "Account Information") and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. We shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information.

15. No Endorsement of Content and Links to Other Web Sites

Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Company has not reviewed all of these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Company does not endorse or make any representations about these sites, or any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

16. User Feedback

Should any User respond to Company with any information, questions, requests, opinions, comments, suggestions, or the like regarding the content of the Site, Company products or services or otherwise ("Comments"), such Comments shall be deemed to be non-confidential. Company shall have no obligation of any kind with respect to such Comments and shall be free to reproduce, use, disclose and distribute the information to others in accordance with our Privacy Policy.

17. Acceptable and Lawful Use of the Site

Any information provided to COMPANY in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for COMPANY or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail (i.e. "Spam").

18. The Rest of the Terms

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement. Any delay or failure by COMPANY, at any time or times, to require performance of any provision hereof shall in no manner affect COMPANY'S right at a later time to enforce such provision. No delay or failure by COMPANY in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of COMPANY. COMPANY may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between COMPANY and you pertaining to the subject matter hereof. In order to protect our customers COMPANY reserves the right to ship packages signature required.

19. Updates and Modifications

In its sole discretion, COMPANY may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. COMPANY reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.

20. Termination

COMPANY may immediately issue a warning, suspend or terminate your access to the Site or for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. You may terminate your account by contacting us.

21. Warning of Dangerous Products

USER UNDERSTANDS REPAIRING AND REPLACING GARAGE DOORS AND GARAGE DOOR PARTS IS DANGEROUS AND CAN CAUSE SERIOUS INJURY OR DEATH IF NOT HANDLED AND INSTALLED PROPERLY. PROFESSIONAL INSTALLATION IS RECOMMENDED. USER ASSUMES THE FULL RISK OF ANY AND ALL INJURIES, INCLUDING DEATH AND SERIOUS INJURY, FROM USE OF THE INFORMATION PROVIDED BY, AND PRODUCTS PURCHASED AT THIS SITE.