The following describes the terms on which TheHDTVGenie.com offers you access to its website.
The HDTV Genie Terms of Service
Effective: February 7th, 2011
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Terms of Service agreement (“Agreement”) is legally binding between you and TheHDTVGenie.com (“we”, “our”), and governs your use of website:
Agreement to Terms
We may change the terms of this Agreement at any time, in our sole discretion, with or without directly informing you of such changes. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of the Website. Please review the Terms of Service from time to time, as you are responsible for staying informed of any changes. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the Website.
Terms of Recommendation
TheHDTVGenie.com is operated in associate with Amazon.com. Certain content that appears on this site comes from Amazon Services LLC. This content is provided ‘as is’ and is subject to change or removal at any time. There is a material connection between the links on the website and the Amazon.com website. After you receive a recommendation on the Website, you will receive product results from the current Amazon.com inventory based on your product criteria. These results are delivered “as is” and prices subject to change by Amazon at their discretion once a clickthrough is initiated. If you are currently shopping the Amazon site, the Website will interoperate with your shopping cart via the technology of Amazon.com shopping cart api and Amazon cookie already present on your computer. We do not collect, store or process any information regarding this event.
You agree and acknowledge that except as otherwise indicated, you will be responsible to check the price for accuracy on the Amazon.com site once a clickthrough is generated, regardless of whether your search yields any reports or records otherwise, and regardless of whether any such report or record contains incorrect information or no information at all.
Data on the Website
The Website allow you to review recommendations based on the Amazon.com inventory, as described above. We do not create or have control over the quality of or accuracy of data presented as a result of these recommendations (the “Data”). Data may not always be accurate or complete. Please see the Warranties section below for more information. If you have questions about any Data, or wish to dispute the accuracy of any Data, you should contact the official record keeper.
Use of Data
By receiving recommendations on the Website, you represent and warrant that you will only use the Website and Data for a lawful purpose. Examples of lawful purposes include, but are not limited to: (a) price and feature comparison; (b) category search; (c) compliance with Amazon.com shopping experience (d) compliance with federal, state, or local laws or regulations.
You represent and warrant that you shall not use the Website or Data for any unlawful purpose. Examples of unlawful purposes include, but are not limited to: (a) stalking or harassing any individual or entity including Amazon.com; (b) requesting information under false pretenses; and (c) using Data for any other purpose prohibited by law (“Unlawful Purposes”).
You further agree that you shall not access, reproduce, duplicate, sell, resell, transfer, or exploit the Data for any commercial purposes.
Copyrights and Trademarks
The Website, and any information and materials contained therein, including but not limited to graphics and editorial content (TheHDTVGenie.com Content) are owned by TheHDTVGenie.com and/or its licensors and affiliates (Amazon.com), and are protected by copyright, trademark, patent, trade secret, and/or other laws. A portion of the Website logo is credited to Lecoupdulapin™.TheHDTVGenie.com and/or its licensors own and retain all rights, including the worldwide copyright, in the Website Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You agree that you shall not use the TheHDTVGenie.com Content in any way whatsoever except as in compliance with the terms of this Agreement or for promotional purposes as allowed on our press room page. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the TheHDTVGenie.com Content, and you shall not exploit the TheHDTVGenie.com Content in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from TheHDTVGenie.com Content downloaded or printed from the Website.
All brand and product names are trademarks or registered trademarks of their respective owners. You are prohibited from using any of the marks or logos appearing throughout the TheHDTVGenie.com Content without express permission from the trademark owner, except as permitted by applicable law.
Warranties We provide access to Data compiled and maintained by third parties. We do not create, verify, or guarantee the accuracy, completeness, appropriateness, or sufficiency of such Data. TheHDTVGenie.com is not necessarily affiliated with, endorsed by, or compensated by these third parties.
THE DATA AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, TheHDTVGenie.com DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. TheHDTVGenie.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE DATA OR THE WEBSITE. YOUR USE OF THE WEBSITE AND DATA IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
Our entire liability and your exclusive remedy with respect to any dispute with TheHDTVGenie.com is to discontinue your use of the Website. We and our vendors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from your use of the Website or for any other claim related in any way to your use of the Website. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we had been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our and our vendors’ liability shall be limited to the extent permitted by law.
You agree to indemnify, defend, and hold TheHDTVGenie.com, its directors, officers, employees, affiliates, agents, contractors, licensors, and subsidiaries harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Website or Data in violation of this Agreement, (ii) your use of the Website or Data for unlawful or unauthorized purposes, and/or (iii) your breach of this Agreement or your violation of any law or the rights of a third party. Termination
We reserve the right to terminate or restrict your access to the Website for any reason, or no reason whatsoever, including, without limitation, if we, in our sole discretion, consider your use to be unacceptable, or in the event of any breach by you of the Terms of Service. We may, but shall be under no obligation to, provide you a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for its termination or restriction of your account and/or access. We also reserve the right to terminate any Website or any part of any Website at any time, without notice or liability to you.
The Website may contain hyperlinks to third-party Website as a convenience to you. TheHDTVGenie.com does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites.
Use of Ideas Submitted
You hereby acknowledge and agree that we are free to use any comments, suggestions, information, concepts, reviews, techniques, or other information contained in any communication you may send to us or may have with a TheHDTVGenie.com representative (the “Ideas”), and that we shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by us for commercial purposes, including, but not limited to, use by us for improving the Website or for developing and marketing any products or services.
Any dispute concerning the Data, the Website, or this Agreement shall be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the Arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party shall be entitled to collect its reasonable attorneys’ fees in addition to any other relief the party may obtain.
If any provision of this Agreement is found to be invalid by any court having any competent authority, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision in this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
General Data, materials, features, products and services may be added to or withdrawn from the Website or otherwise changed without notice.
Please direct all questions and correspondence regarding the terms of service and disclaimer to info “at” thehdtvgenie dot com