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Terms and Conditions


 

Detailed Terms Of Service:
The following terms of use apply only to the use of and purchases from the HDTV InstallationSM ("HDTV InstallationSM") website at www.HDTVInstallation.com (the "HDTV InstallationSM Website"). The terms "you", "your" and "yours" refer to the user/customer utilizing our website to purchase services ("Services") or to browse our website. The terms "we," "us" and "our" refer to HDTV InstallationSM.

  • 1.

GENERAL TERMS.
o        1.1
Disclaimer of warranty for HDTV InstallationSM Website.
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any product or Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
o        1.2
Errors on and Changes to our website.
Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability. We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been
submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
o        1.3
Damages.
In no event shall HDTV InstallationSM, its parent or affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.
o        1.4
Governing law.
These terms are governed and construed by the laws of the Commonwealth of choice by HDTV Installation. You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and
effect.
o        1.5
Privacy policy.
We realize that customers are concerned about how the information they provide online or offline will be used. We are committed to protecting your privacy and will use the information we collect about you to process your order. Please read our Privacy Policy for more details.
o        1.6
HDTV InstallationSM and the HDTV InstallationSM Website.
"HDTV InstallationSM" and the HDTV InstallationSM Website are owned and operated as a privately held company
CONDITIONS FOR ONLINE SERVICE.
o        2.1
Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session whether online or by telephone; or (c) your use of the Service. This Agreement is made up of the terms below, plus the Privacy Policy, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service, and under
which HDTV InstallationSM, and/or its authorized service provider(s), agrees to provide the Service to you.
o        2.2
Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the HDTV InstallationSM Installation service, including all technical support, products and services provided directly by HDTV InstallationSM under the service option that you have selected.
o        2.3
Authorized User, Use and Responsibilities.
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You understand that HDTV InstallationSM relies on the information you supply and that providing false or incorrect information may result in Service withholding or delays or cancellation fees. You agree to promptly notify HDTV InstallationSM whenever your personal or
billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
§        2.3.1
You agree that you are responsible for all equipment and Service you purchase separately from HDTV InstallationSM, including product or service provided by anyone acting as an authorized representative of HDTV InstallationSM that is not charged to your credit card by HDTV InstallationSM. You understand you must provide all equipment necessary to complete the Service you have contracted for.
        2.3.2§
All sales are final and non-refundable. HDTV Installation may at its sole discretion offer a credit or rebate for any perceived issues by the customer. Any credit or rebate is not an admission of any lack of performance or delivery of service by HDTV Installation.  
        2.3.4§
All purchase come with HDTV Installation Guarantee ("Guarantee") for your installation, you may only use the Service in connection with the installation listed in your work order. You hereby acknowledge and agree that the Guarantee service contract covers only the installation specifically listed in the Product Description. Any custom work would require you to purchase additional warranty service. The installation service detailed in your work order is not an exhaustive list, and HDTV InstallationSM  may modify it any time. HDTV InstallationSM reserves the right to charge an additional fee to perform services tat you request that
are not covered by the Guarantee, or to refuse to perform such service. As part of the Guarantee, HDTV InstallationSM will return to the original location of the installation provided to remedy any defects in work determined by HDTV Installation SM for up to 12 months from the time you placed the order. HDTV InstallationSM reserves the right to terminate this Agreement if you (i) change any inputs to your television; or (ii) alter, modify or disable the equipment we installed, or its settings or configurations.
o        2.4
Availability of Service.
        2.4.1§
The Service you select may not be available at all times, and may not be available in the format generally marketed, and some televisions and location may not be able to receive the Service even if initial assessment showed your television and location was qualified to receive. All Services are provided on an AS IS basis. Quality of picture, placement of television and availability of Service are not guaranteed.
        2.4.2§
HDTV InstallationSM or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability.
o        2.5
Term and Termination.
        2.5.1§
This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject to the terms of this Paragraph, until terminated by either party as permitted by this Agreement.
        2.6.2§
Termination of Service.
        2.6.2.1§
Included Warranty of  Service.
HDTV InstallationSM may terminate this Agreement without cause by giving thirty (30) days written notice to you. Fees paid for your Service, if any, are not refundable after 24 hours of placing your order.
§        2.6.2.2
Termination and/or Suspension by HDTV InstallationSM.
If, in the sole discretion of HDTV InstallationSM: (a) you are in breach of any of the terms of this Agreement; (b) your use of the Service is prohibited by law; (c) HDTV InstallationSM receives an order from a court to terminate your Service; (d) if HDTV InstallationSM for any reason ceases to offer the Service; (e) if you are no longer a HDTV InstallationSM customer, or (f) HDTV InstallationSM determines that you are abusing the Service then, HDTV InstallationSM at its sole election may terminate or suspend your Service immediately without notice.
        2.6.2.3§
Cancellation Fee(s).
If you need to cancel the Service, HDTV InstallationSM, in its sole discretion, may charge a cancellation for service ordered. The cancellation fee will not be less than $129. HDTV InstallationSM, in its sole discretion, may charge additional fees for cancellation depending on the situation of the cancellation. Next Day or Expedited Installations Services have a $175cancellation fee.
o        2.7
Pricing and Payment.
§        2.7.1
Pricing and Fees.
HDTV InstallationSM fees and charges for the Service(s) you select are supplied to you during the ordering process and are available on the HDTV InstallationSM sales receipt unless otherwise provided for in this Agreement. You agree to pay the charges applicable to your selected Service plan, as well as any, applicable taxes and other charges including but not limited to minimum service fees,  no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or insufficient funds. Set up fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. HDTV InstallationSM or its agent will bill you directly, or charge your credit card, as you request and as approved by HDTV InstallationSM. HDTV InstallationSM does not accept cash or checks for payment of any charges or fees. HDTV InstallationSM reserves the right to charge service fees to a customer's credit card up to eight (8) weeks after the conclusion of service or at any time prior to the service being rendered.  
§        2.7.2
Late Fees.
If any portion of your bill is not paid by the due date, HDTV InstallationSM may charge you a late fee on unpaid balances and may also put a lien on the location where the Service was provided without notice. The late fee will be the lesser of five percent (15%) per month, or the highest rate permitted by law. In the event HDTV InstallationSM utilizes a collection agency or resorts to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
        2.7.3§
Change in Service.
You have the option to change your Service(s) at any time by notifying us prior to the completion of Service, provided that you qualify for and comply with any requirements of the changed Service.
§        2.7.4
Missed Appointments.
If you do not contact HDTV InstallationSM a minimum of twenty-four (24) hours prior to your appointment to reschedule your appointment, you will be charged, at HDTV InstallationSM's option, a missed appointment fee of no less than $129.
        2.7.5§
Waiver.
The waiver of any fees or charges lies solely at the discretion of HDTV InstallationSM.
o        2.8
Limitations on Use of the Service.
        2.8.1§
You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and you will comply with all applicable local, state, national and international laws and regulations.
§        2.8.2
You are not authorized to use any HDTV InstallationSM name or mark (including 'HDTV InstallationSM') as a hypertext link to any HDTV InstallationSM Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of HDTV InstallationSM.
2.9
Warranties and Limitation of Liability.
§        2.9.1
IN NO EVENT SHALL HDTV InstallationSM (OR ITS OFFICERS, OWNERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO LOCATION OF INSTALLATION OR EQUIPEMENT INSTALLED WITH OUR SERVICE ARISING OUT OF THE USE, PARTIAL
USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF HDTV InstallationSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
        2.9.2§
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO HDTV InstallationSM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
        2.9.3§
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH HDTV InstallationSM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), HDTV InstallationSM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, ARE COLLECTIVELY RESPONSIBLE.
        2.9.4§
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
§        2.9.5
HDTV InstallationSM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
o        2.10
Indemnification.
You agree to defend, indemnify and hold harmless HDTV InstallationSM from (or its officers, employees, parent, subsidiaries, owners)  and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you
(or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the television; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service.
o        2.11
Notices.
§        2.11.1
Notices required under this Agreement by you shall be provided to the HDTV InstallationSM Customer Service Department. Notices by HDTV InstallationSM to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
§        2.11.2
With regard to electronic communications, you and HDTV InstallationSM further agree that: (a) the User ID and/or alias of a sender, contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of the original content of the electronic communication.
o        2.12
General Provisions.
§        2.12.1
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Warranties and Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
        2.12.2§
HDTV InstallationSM will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
        2.12.3§
You agree not to assign or otherwise transfer, this Agreement in whole or in part or obligations under it. Any attempt to do so shall be void. We may assign all or any part of this Agreement without notice.
2.12.4
You and HDTV InstallationSM agree that the substantive laws of the Commonwealth of Georgia, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. YOU AND HDTV InstallationSM CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN LAWRENCEVILLE, GEORGIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except  as otherwise required by law or laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) month after the claim or cause of action arises or such claim or cause of action is barred.
§        2.12.4
Contractor/manufacturer is HDTV InstallationSM or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
        2.12.5§
HDTV InstallationSM's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the
parties.
        2.12.7§
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this Agreement either by attachment or by reference, constitutes the entire agreement between you and HDTV InstallationSM with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.



NOTICE TO CUSTOMER
(Section 7018.5-Contractor's License Law)

IN CALIFORNIA THE LAW REQUIRES THAT, BEFORE A LICENSED CONTRACTOR CAN ENTER INTO A CONTRACT WITH YOU FOR A WORK OF IMPROVEMENT ON YOUR PROPERTY, HE MUST GIVE YOU A COPY OF THIS NOTICE. THIS IS YOUR COPY PLEASE PRINT IT OUT.

Under the California Mechanics' Lien Laws, any contractor, sub-contractor, laborers, supplier, or other person or entity who help to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed or other properties and to sue you in court to obtain payment.

This means that after a court hearing, you home, business, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's sub-contractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as sub-contractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with customers directly do not have to provide such notice since you are aware of their existence as a customer. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, sub-contractor, supplier, or laborers must file a mechanics' lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

Shipping and returns:
All Sales are final. HDTVInstallation.com does not accept returns, no Exceptions.

Shipping Damage Claims
HDTVInstallation.com is not responsible for damage to products after they are delivered to their destination address. The freight bill of lading will be the guiding document between the two parties. Freight damages to our shipments are extremely rare, due to our observance of proper packaging and shipping methods to get the merchandise to you safely. If your order arrives damaged please refuse the delivery. If you sign for a damaged shippment we will not take it back.

Refusing a delivery
If a shipment is refused by the customer for anything other than damage they will be charged a cancellation and restocking fee of up to 50%

 

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