Terms and Conditions Of Placing An Order With HDTV Supply, Inc., an online store
Terms & Conditions of HDTV Supply, Inc, an online store and The Purchase of Products from this HDTV Supply Store.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
PLACING ORDERS AT THIS SITE CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED BELOW. THE BELOW TERMS AND CONDITIONS APPLY. THESE TERMS AND CONDITIONS OVERRIDE ANY PURCHASE ORDER, EMAIL ORDER, TELEPHONE DISCUSSION AND/OR ANY OTHER TYPE OF DOCUMENT SENT OR DISCUSSED WITH HDTV SUPPLY.
While we endeavor to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors. This Site and the materials therein are provided "AS IS." We make no representations or warranties, either express or implied, of any kind with respect to this Site, its operations, contents, information or materials.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL HDTV SUPPLY, INC. BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL HDTV SUPPLY, INC. LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM HDTV SUPPLY, INC. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, products therein, or use of this Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, this Site or any other hyper-linked Web site.
Pricing: All items offered are sold at the most current prices available. Due to real time inventories and daily changes of costs and programs offered by manufacturers, prices and promotions will and do change frequently. HDTV Supply is unable to provide any price protection; therefore we will not refund any price difference on your current or previous orders if you find a lower price from another company, and we cannot honor a promotion on a purchase made before the promotion start date. (Nor will we bill you for any difference when a product price increases.) We sincerely appreciate your business and feel confident that our expertise, pricing and availability will exceed your expectations.
Accounts: You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
Capacity to Contract: You represent to us that you are of the legal age of majority in your state of residence and/or that you are duly authorized by your employer to use this Site.
Typographical Errors: In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right to substitute equivalent items. If an error is made and a product is listed at an erroneous price, HDTV Supply may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, HDTV Supply shall have the right to immediately issue a credit in the amount of the incorrect price. Individual bank policies will dictate when this amount is credited to your account.
Prices and availability are subject to change without notice. Errors will be corrected where discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. While HDTV Supply takes steps to ensure the accuracy and completeness of product and third-party services provided, please refer to the originator of information for details, for example the manufacturer for complete product details.
Although measures are taken to ensure the information in our catalogs and on this website is as timely and accurate as possible, we assume no responsibility for the accuracy of such information or its relevance to a specific use or application. Actual performance of products may vary based upon many factors and may be less than stated. Differences in system hardware, software design or configuration, as well as system use patterns, may affect product performance. Actual products may differ slightly in appearance to images shown.
Fraud Protection Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. HDTV Supply reserves the right, at any time after receipt of your order, to accept or decline your order for any reason. In addition, HDTV Supply reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item if fraud is suspected. As a protection against fraud for all of our customers, we may also require additional verifications of information before accepting any order.
Reviews and Comments: Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide HDTV Supply, Inc., including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to HDTV Supply, Inc. without charge and HDTV Supply, Inc. shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of HDTV Supply, Inc. and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by HDTV Supply, Inc. in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. HDTV Supply, Inc. assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant HDTV Supply, Inc. the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by HDTV Supply, Inc. will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead HDTV Supply, Inc. or third parties as to the origin of any Submissions or Content. HDTV Supply, Inc. may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Shipping Terms: Shipping terms are F.O.B. Westlake Village, California or if drop shipped from a vendors FOB their shipping point. HDTV Supply will arrange payment for shipping and insurance with the carrier, but such costs may be your responsibility. Risk of loss is upon you once HDTV Supply, or its vendor, delivers the product to the carrier. Delivery times are good faith estimates only and HDTV Supply or its vendor will not be liable for delays. All shipments are subject to stock availability. Please see our Shipping Policy for additional information.
We are not liable under any legal theory for consequential or incidental damages arising from shipping delays, system downtime, loss of data or for any loss, damage or expense arising from product malfunction or defect. We expressly disclaim all warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer in no way affects the terms of the manufacturer's warranty, if any. Other restrictions may apply.
All U.S. domestic shipments are FCA Shipping Point in accordance with Incoterms 2000 and in all cases title shall pass upon delivery to the carrier at point of shipment and thereafter all risk of loss or damage shall be upon Customer (without regard to which party pays for the shipping costs). Company and carrier handling charges apply. Next Day and Second Day Air Service is available within the 48 contiguous states, Alaska, Hawaii, and Puerto Rico.
Delivery dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates. Export shipments are on the basis of FCA Company Warehouse in accordance with Incoterms 2000, with the Company charging separately for the costs, insurance, and freight to bring the products to the named place of destination.
International: Products sold by HDTV Supply, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
Pricing in Different Currencies: Pricing of products sold by HDTV Supply, Inc. is based upon figures calculated in U.S. Dollars (US$). If prices are displayed in other currencies they are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to HDTV Supply, Inc, excluding shipping.
Export Controls: Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.
Vendor License Agreements: Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher.
Hazardous Applications Prohibited: The company's products are not recommended or authorized for safety, life support, surgical implant, nuclear, military or commercial aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or property. You the customer assumes all risk and liability for use in such applications and agrees to indemnify the Company for all damages that may be incurred due to use of the Company's products in these prohibited applications.
Trade Information: Buyer agrees that all technical and marketing information including pricing information relating to product provided by HDTV Supply, Inc. or any information communicated to the buyer as a result of the execution of a purchase order is and shall remain HDTV Supply, Inc. ’s exclusive property and constitutes its commercial secret. No information shall knowingly be passed on to companies or individuals acting directly or on behalf of those working competitively to HDTV Supply, Inc. Only information required by the buyer to resell HDTV Supply, Inc. products can be disclosed though only within the context of these terms and applies regardless of the form in which the information is communicated or reproduced
Quantities May be Limited: HDTV Supply may, at its own discretion, may limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same HDTV Supply account, credit card, and also orders that use the same billing and/or shipping address. Notification will be sent to the e-mail and/or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to dealers.
Third Party Service Contracts: HDTV Supply, Inc. is a reseller of various products and services issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release HDTV Supply, Inc. from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. Taxes will be charged to applicable states.
No Endorsement: HDTV Supply's web site information is not an endorsement of any goods or services offered on the website. Any attempt to state or imply HDTV Supply's endorsement of goods or services is incorrect.
Information sharing: We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes. Some of them are:
P.O. Box 45950
Omaha, NE 68145-0950
US Postal Service Headquarters
475 L'Enfant Plaza, SW
UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
Feedback: We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site ("Feedback"). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
Links: This Site may contain links to other Web sites on the Internet that are owned and operated by third parties. You acknowledge that we do not endorse and are not responsible for the operation of or content located on or through any such Web site.
Third Party Content: Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content, nor do we take responsibility if the product may be in violation of a law. If you a question on the viability of the product please send an email to support @ hdtvsupply dot com and we will send you the the manufacturers web site and email for you to contact.
The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
Order Acceptance: Terms of payment shall be determined in our discretion and as otherwise agreed to by us. Payment shall be made by a credit card or some other pre-arranged method of payment acceptable to the Online Store. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of the order or our offer to sell. We reserve the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval. We also may require additional verification or information before accepting any order.
Prices, Shipping and Handling Charges: Not all prices include charges for shipping and handling or taxes. Separate charges for shipping and handling will be shown on the invoice.
Processing Time: Your order is thoroughly reviewed by our Credit Card Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit Card Department, it is sent to our shipping destination, distributor or warehouse for shipment.
At times, we may not charge your credit or debit card until your order is shipped, however we do attempt to get an authorization on your card for the amount of your order at the time your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds making those funds or portion of your credit limit unavailable for other use. In the unlikely event that your order is delayed or canceled the authorization will expire and your credit limit or available funds will again become available for use. The amount of time it takes for an authorization to expire is dependent on the policies of the bank that issued your card and ranges from 1 to 7 business days.
Please note, credit card processing can take up to 3 business days (Depending on the accuracy of the information given to us by the customer.). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.
If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our Distribution Warehouses located in the United States. If the item(s) on your order are out of stock, they will not be shipped until we have received and processed the back ordered inventory in our warehouse.
Sales and Other Taxes: We are obligated to withhold sales tax for delivery within certain states and all such taxes shall be automatically charged and withheld. Unless Customer provides us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, the customer is responsible for sales and all other taxes associated with the order not collected by us.
Product Availability: Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Technical Service and Support: All requests for technical service and support for products purchased should be made directly to the manufacturer or us in accordance with their terms and conditions. If we are the manufacturer, as stated in the ad, please send an email to support@NOSPAMhdtvsupply.com - delete NOSPAM and describe your needs.
Intellectual Property Rights: The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights.
The Company's entire catalog(s) and website(s), including without limitation, the content of the catalog(s) and website(s) is copyrighted as a collective work under United States laws and applicable international copyright laws and the Company owns the full copyright in its catalog(s) and website(s), including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein.
Except as stated below, none of the materials in the Company's catalog(s) or on its website(s) may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company. Customer may download, store, print and copy selected portions of the content in the Company's catalog(s) and website(s) provided Customer:
(1) only uses the content downloaded, stored, or printed for furthering Customer's business with the Company;
(2) does not publish or post any part of the content from the catalog(s) or website(s) in any other catalog or on any other Internet site;
(3) does not publish or broadcast any part of the content from the catalog(s) or website(s) in or on any other media; and
(4) does not modify or alter the content from the catalog(s) or website(s) in any way or delete or modify any copyright or trademark notice.
Compliance with Return Policies: You agree to comply with and be bound by the return policies in connection products purchased through this Site. Our return policy is at Return Policy . All of our products are warranted as new as this document provides or as the product ad notes.
All non-defective returns authorized by HDTV Supply, Inc. whether opened or unopened, will be assessed a minimum 15% restocking fee, and must be authorized for return within 30 days from date of receipt. No refunds will be issued after such 30 day period. Authorization may be obtained by calling Customer Service at 1-(800) 841-9238 or by e-mail at returns@hdtvsupply dot com. Customer will be issued a Return Merchandise Authorization (RMA) which is valid for 10 days. Failure to return a product within such 10 day authorization period will be deemed to be an acceptance of the product.
Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, HDTV Supply, Inc. reserves the right to decline specific return requests based on those restrictions. Be sure to ask us about specific return conditions before you purchase any item. Of course all of our products are warranted if they don't work please send an email to firstname.lastname@example.org and describe the problem you are having and we will respond within 8 business hours, or call us at (800) 841-9238 PST.
Order Cancellation Policy: HDTV Supply wants to treat our customers as forthright as possible but once the order process begins we are contractually committed to paying various fees even if you elect to cancel your order. Orders released to shipping, but not shipped, may qualify for only a 90% refund of the product price which excludes the shipping and order processing fees therefore you are committed to reimburse HDTV Supply for those fees once your order is released for shipping and not shipped.
Please call us immediately at (800) 841-9238 PST or email us at support@hdtvsupply dot com for order cancellation.
As we process the orders with great care and concern accordingly to the customers' requirements and specifications; in return, we would like the customer to treat the order seriously. There is no exception to these charges.
Termination of Usage: We may terminate or suspend your access to or use of all or part of this Site, without notice, for any conduct that we believe is disruptive to this Site or is in violation of any applicable law or these Terms and Conditions.
Force Majeure: The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.
Warranty Disclaimer: This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HDTV Supply, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. HDTV Supply, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. HDTV Supply, Inc. does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability: HDTV Supply, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if HDTV Supply, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Disclaimer and Limitation of Liability as to Products Sold: Our products are not intended for use as critical components in life-support systems or devices. (Since we cannot control the manner of use of our products after their sale, we are not responsible for any direct, consequential or indirect damages resulting from their use.)
Any product offered by us is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by us on an "AS-IS" basis without warranty by us. EXCEPT AS EXPRESSLY STATED HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited warranty statement may be included with each product shipped to you. HDTV Supply will be obligated to honor any such warranty only upon our receipt of payment in full for the product to be warranted.
HDTV Supply, or its vendor, will repair or, at our option, replace products that prove to be defective under proper use during the warranty period. No other warranties are expressed or implied.
Participation Disclaimer: HDTV Supply does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, HDTV Supply is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, HDTV Supply reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to HDTV Supply in its sole discretion.
DISPUTE RESOLUTION AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS:
You and HDTV Supply agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from HDTV Supply by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims.
You agree that the arbitration or small claim proceeding will take place in Ventura County, California, and not your location or any location you deem necessary.
The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales.
Export Control Laws: Certain HDTV Supply, Inc. products, including software, documentation, services, and related technical data, available on the HDTV Supply and other websites are subject to export controls administered by the United States (including, but not limited to, the U.S. Department of Commerce Export Administration Regulations (“EAR”)) and other countries including, controls for re-export under European Union, the Singapore Strategic Goods Control Act, and the import regulations of other countries.
Diversion contrary to U.S. or other applicable law of any HDTV Supply product or service is prohibited. Export, re-export or import of products and services may require action on your behalf prior to purchase and it is your responsibility to comply with all applicable international, national, state, regional and local laws, and regulations, including any import and use restrictions. HDTV Supply products and services are currently prohibited for export or re-export to Cuba, Iran, North Korea, Sudan, Syria, or to any country then subject to U.S. trade sanctions (e.g., Afghanistan and Iraq). HDTV Supply products and services are prohibited for export or re-export to any person or entity named on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists.
HDTV Supply products and services are prohibited from use with chemical or biological weapons, sensitive nuclear end-users, or missiles, drones or space launch vehicles capable of delivering such weapons. By downloading or using any product from this site, or purchasing any service, you are acknowledging that you have read and understood this notice and agree to comply with all applicable export control laws. You are also representing that you are not under the control of, located in, or a resident or national of any prohibited country, and are not a prohibited person or entity. This notice is not intended to be a comprehensive summary of the export laws that govern the products and services. It is your responsibility to consult with a legal advisor to ensure compliance with applicable laws.
For more information on export laws, please consult:
- U.S. Department of Commerce, Bureau of Industry and Security (BIS), website at: http://www.bis.doc.gov
- U.S. Department of Treasury, Office of Foreign Assets Control (OFAC), website at: http://www.treas.gov/offices/enforcement/ofac/
- Ireland Department of Enterprise Trade and Employment (DETE) website at: http://www.entemp.ie/
- Singapore Strategic Goods Control website at: http://www.customs.gov.sg/stgc/topNav/hom/
- France Central Directorate for Information Systems Security (Direction Centrale de la Securite des Systemes d'Information (DCSSI)) website at: http://www.ssi.gouv.fr
- United Nations website at: http://www.un.org/search/
- Denied Parties Lists at: http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm
If you wish to begin arbitration against HDTV Supply you must file a case with the American Arbitration Association. You may visit the American Arbitration Association's web site at www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement.
This Arbitration Agreement affects your legal rights. An arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances.
You agree that, by entering into this Agreement, you and HDTV Supply are each waiving the right to a trial by jury.
Governing Law: This Agreement and any sales hereunder shall be governed by the laws of the State of California without regard to conflicts of laws rules and venue shall be in the federal and state courts of Ventura County, State of California, United States of America. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.
Indemnification: You agree to indemnify, defend, and hold harmless HDTV Supply, its officers, directors, employees, agents, licensor's and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Severability: If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision(s) shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Waiver: The Company's failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of the Company's rights hereunder, shall not constitute a waiver of any of the Company's rights or remedies under this Agreement
Third-Party Links: In an attempt to provide increased value to our visitors, HDTV Supply may link to sites operated by third parties. However, even if the third party is affiliated with HDTV Supply, HDTV Supply has no control over these linked sites, all of which have separate privacy and data collection practices, independent of HDTV Supply. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, HDTV Supply seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
EXPORT REGULATIONS: If this transaction involves an export under the U.S. export regulations, the commodities, technology and/or software sold or distributed under these terms and conditions of sale exported from the United States by HDTV Supply were exported in accordance with such regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these terms and conditions of sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of HDTV Supply, Inc. products) shall be in the state or federal courts located in Ventura County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of HDTV Supply, Inc.) must be commenced within one (1) year after the claim or cause of action arises. HDTV Supply, Inc. failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. HDTV Supply, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.
IN NO EVENT SHALL WE BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.
WE SHALL NOT BE LIABLE IF WE ARE UNABLE TO PERFORM ANY OF OUR OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND OUR CONTROL.
Damage or Shortage Claims: We pack your order carefully in compliance with common carriers' requirements. Please follow these recommendations upon receiving an order:
1. Open your order immediately upon receipt to check for concealed damage and compare the packing list or email acknowledgment to the items shipped.
2. Make a note of any damage or shortage on the freight bill or carrier's receipt next to your signature. (The carrier's agent must also sign acknowledging the loss). If damaged, keep the original shipping cartons for possible inspection by the carrier. You must report claims for loss or damage within 3 days of delivery. Please call us immediately at (800) 841-9238 or email us at support@hdtvsupply dot com for order problems.
Copyright and Trademark Notice: All trademarks are properties of its respective owners.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (and the compilation of such content), is the property of HDTV Supply., The Online Store, or their content suppliers and is protected by United States and international copyright laws. All software used on this Site is the property of the Online Store or its /hardware/software suppliers and protected by United States and international copyright laws.
All marks indicated as registered on this Site are registered trademarks of HDTV Supply, in the United States and other countries. Other graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of HDTV Supply, The Online Store or their content suppliers. The trademarks and trade dress on this Site may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us or our subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Applicable Law: You agree that any legal action brought against the Online Store shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on this Site shall be an appropriate federal or state court located in Ventura County, California. We make no representations that the content in this Site is appropriate for access outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this Site.
General: If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality, and enforceability of the remaining provisions shall not be affected thereby. Products purchased or received under these Terms and Conditions are subject to export laws and regulations of the United States. The products offered here are solely for the use of our customers. You may not assign your rights or obligations under these terms and conditions without our express written consent.
Other Terms and Conditions: HDTV Supply may have additional terms and conditions that govern its general corporate website and the use of that site. To see and review these terms and conditions, please visit the corporate web site of HDTV Supply.
Communication with you: HDTV Supply will communicate with you each step of the way via your registered email address, beginning with your order notification and payment instructions.
Please be sure to set up any blocking software you have installed to accept messages from @ hdtvsupply dot com addresses so that we may communicate effectively about your order!
Please check your SPAM or Bulk Mail folders for our messages if you do not see an email from us shortly after you have ordered.
Manner of Giving Notice: You may notify HDTV Supply, Inc. by mail or courier to the following address:
HDTV Supply, Inc.
3835-R East Thousand Oaks Blvd
Westlake Village, CA 91362
HDTV Supply, Inc. does not accept, and you agree you shall not provide, e-mail notices.
As this Agreement is in electronic form, you agree that HDTV Supply, Inc. may provide to you certain information in connection with the Services, the Agreement or other information that by law or regulation HDTV Supply, Inc. may choose or be required to send to You. You consent to this information may being provided to you in electronic form; and though You may withdraw this consent, You understand that HDTV Supply, Inc. may terminate this Agreement and the provision of Services should you do so.
HDTV Supply, Inc. may provide the information referenced herein either by email sent to the email address You provided in association with the Service, or by conspicuous display in association with the Services provided to You. You agree that notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail; and notices provided by conspicuous display with the Services shall be deemed given to you 48 hours after their being made available with the Services.
Contact Information: If you have a comment, question or request, or if you need to contact us for any other reason, there are three easy ways to do so.
1. email: You can e-mail to LegalDepartment@NOSPAMhdtvsupply dot com - Delete NOSPAM
2. Phone: You can call us at (800) 841-9238
3. U.S. Mail: Send mail to us at:
HDTV Supply, Inc.
Attn: Legal Department
3835-R East Thousand Oaks Blvd
Westlake Village, CA 91362
PLACING ORDERS CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED ABOVE. THE FOREGOING TERMS AND CONDITIONS APPLY. THESE TERMS AND CONDITIONS OVERRIDE ANY PURCHASE ORDER, EMAIL ORDER, TELEPHONE DISCUSSION AND/OR ANY OTHER TYPE OF DOCUMENT SENT OR DISCUSSED WITH HDTV SUPPLY.
IF YOU HAVE ANY QUESTIONS PLEASE EMAIL US AT LEGALDEPT @ NOSPAMHDTVSUPPLY.COM - DELETE NOSPAM OR CALL US AT 800-841-9238.
IF YOU DO NOT AGREE WITH THE ABOVE TERMS AND CONDITIONS DO NOT PLACE AN ORDER.
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