Terms and Conditions Of Placing An Order With HDTV Supply, 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.

This web site located at URL http://www.hdtvsupply.com ("this Site") is HDTV Supply (the "Online Store" and, collectively with HDTV Supply, ("we" or "us"). The following terms and conditions govern your use of this Site and the purchase of products by you through this Site. By using this Site, placing an order with us or submitting a purchase order to us, you are indicating your acceptance of the following terms and conditions (the "Terms and Conditions"). The Terms and Conditions shall supplement any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by us. We reserve the right to make changes to this Site and these Terms and Conditions at any time.

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to provide the most accurate, up-to-date information available, the directories and information on this Site may be out of date or include omissions, inaccuracies or other errors.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.

You agree that we, our directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content, 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.

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.

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.

Errors on Our Website: 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.

Shipping Terms: Shipping terms are F.O.B. Westlake Village, CA 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.

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.

Vendor License Agreements: Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher.

Quantities May be Limited: HDTV Supply may, at its own discretion, 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.

Privacy Policy: We consider the privacy of our users to be paramount, and we have developed a privacy policy to protect and inform our users ("Privacy Policy"). Our current Privacy Policy is incorporated herein by reference and made part of these Terms and Conditions.

Third Party Service Contracts: HDTV Supply, Inc. is a reseller of various service contracts 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.

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:

PayPal
P.O. Box 45950
Omaha, NE 68145-0950
1-402-935-7733
www.paypal.com

US Postal Service Headquarters
475 L'Enfant Plaza, SW
Washington DC
1-800-ASK-USPS
www.USPS.com

UPS Corporate Headquarters
55 Glenlake Parkway, NE
Atlanta , GA 30328
United States
1-800-PICK-UPS
www.ups.com

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.

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.

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@hdtvsupply.com and describe your needs.

Compliance With Laws: You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products or services through this Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

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 1-805-277-1870 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 support@hdtvsupply.com and describe the problem you are having and we will respond within 8 business hours, or call us at (805) 277-1870 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 805-277-1870 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.

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.

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.

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).

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 805-277-1870 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.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.

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@hdtvsupply dot com
2. Phone: You can call us at 805-277-1870
3. U.S. Mail: Send mail to us at:

HDTV Supply, Inc.
Attn: Legal Department
3835-R East Thousand Oaks Blvd
Unit 295
Westlake Village, CA 91362

PLACING ORDERS CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS STATED ABOVE. THE FOREGOING TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH US IN WRITING, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN