Welcome to HomeCinemaUSA.com (the "Site"), which is owned by Rectivity, Inc. doing business as HomeCinemaUSA.com ("HomeCinemaUSA.com"). "You" and "your" refer to the user of the Site; "we," "us" and "our" refer to RectivityInc.com.
PLEASE READ THE FOLLOWING TERMS OF SERVICE (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THE SITE OR USING OUR OTHER SERVICES. By using the Site or other services, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or other services. We reserve the right, at any time, to modify, alter, or update these Terms of Service by posting revised versions on the Site, and you agree to be bound by such modifications, alterations, or updates once we post them.
All purchases of goods or services from or through HomeCinemaUSA.com, whether via the Site, by phone, or otherwise, are governed by the Terms of Sale below.
- Use of the Site
The Site may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law. The Site may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to HomeCinemaUSA.com or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination. No user may use any robot, spider or other automated device to monitor or copy the web pages of the Site or its contents without the express written permission of HomeCinemaUSA.com. We reserve the right to prohibit use of the Site by any user who, in our sole discretion, violates any of these Terms of Service.
- Links to Other Sites
The Site may contain links to other Web sites. HomeCinemaUSA.com has no control over, or responsibility or liability for, the contents or performance of other Web sites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked Web site, its content, its owner, its performance, or its owner's products or services.
- Copyright and Trademark Information
The Site and all information and materials on the Site (the "Content") , including site design, text, images, graphics, interfaces, and the selection and arrangement of elements on the Site, is owned by HomeCinemaUSA.com or its content providers, and is protected by copyright and other U.S. and foreign intellectual property laws. Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Siteite for the sole purpose of using the Site as a shopping resource. Any other use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HomeCinemaUSA.com, is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, the Content, or any portion thereof without prior written permission of an authorized officer of HomeCinemaUSA.com.
HomeCinemaUSA.COM and RECTIVITY are the service marks of Rectivity, Inc., doing business as HomeCinemaUSA.com. The service marks and trademarks of HomeCinemaUSA.com may not be used in connection with any product or service that is not provided by HomeCinemaUSA.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HomeCinemaUSA.com.
The trademarks and service marks of third parties that are displayed on the Site are the trademarks of their respective owners, and are not intended to imply any endorsement of such third parties or their goods or services or any affiliation between HomeCinemaUSA.com and such parties.
HomeCinemaUSA.com disclaims any responsibility for the content of any third party materials provided through or on the Site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. § 512, if you believe that any Content on the Site infringes your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Attn: General Counsel
INFORMATION ON CURRENT GENERAL COUNSEL
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
You use the Site and the Content at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your use of the Site or the Content or your reliance upon the Content. HomeCinemaUSA.com shall not be responsible or liable for any damage to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, or any other site to which the Site is linked. HomeCinemaUSA.com shall not be responsible or liable for any actions taken, either wholly or in part, based on the information provided on the Site, or for any loss, damage, expense or injury resulting from any transactions conducted with any online merchant or other third party listed on HomeCinemaUSA.com. The Site and the Content and the information and materials available through our other services, including, without limitation, all text, graphics, and links, are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, HomeCinemaUSA.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HomeCinemaUSA.com MAKES NO WARRANTY THAT (i) THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE CONTENT WILL BE ACCURATE, COMPLETE OR CURRENT; (v) THE SITE WILL BE FREE FROM ANY VIRUS, WORM OR OTHER MALICIOUS CODE, AND (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.
In addition, since HomeCinemaUSA.com cannot verify all information provided by third parties, and errors in gathering or reporting such information may occur due to the large volume of merchants using the Site with many different products and services, HomeCinemaUSA.com does not represent or warrant that the information accessible via the Site or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any merchant to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our Web site or through our other services. Furthermore, due to the dynamic nature of online shopping, all information regarding such matters is subject to change without notice. HomeCinemaUSA.com SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH HomeCinemaUSA.com's SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via the Site or other services.
IN NO EVENT WILL THE LIABILITY OF HomeCinemaUSA.com ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE EXCEED THE PURCHASE PRICE OF THE GOODS OR THE FEES FOR ANY SERVICES PROVIDED BY HomeCinemaUSA.com TO WHICH ANY CLAIM OF LIABILITY IS RELATED.
IN NO EVENT SHALL HomeCinemaUSA.com BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, (i) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON HomeCinemaUSA.com UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE; (ii) THE USE OF OR INABILITY TO USE THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE; and including, without limitation, loss of use, loss of data, loss of customers, income or profit, and damages or losses resulting from claims of other persons against you.
HomeCinemaUSA.com shall not be liable for any failure to perform under these Terms of Service where such failure results from any cause beyond the reasonable control of HomeCinemaUSA.com, including but not limited to mechanical, electronic, or communications failure or degradation.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, those provisions set forth above may not apply to you. You may also have other legal rights that vary from state to state.
- Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, any claim or controversy between us, or arising in any way out of the use or operation of the Site or other services, or any information, services, products, and materials contained in the Site or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) in Los Angeles, California, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in Los Angeles, California pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
- Other Terms
The Site is operated and provided in the State of California, USA. As a result, these Terms of Service are governed by the laws of the State of California, without giving effect to any choice of law rules. The exclusive jurisdiction and venue af any action related to these Terms of Sale will be the state and federal courts in Los Angeles County, California, and you submit to the personal jurisdiction of such courts and waive any objection to venue there based upon inconvenient forum or otherwise. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. You are in the best position to know whether your use of the Site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. These Terms of Service, together with the Terms of Sale, the Lifetime Warranty, the Privacy Policy, and any written agreement between you and HomeCinemaUSA.com concerning your participation as a Member or in any program or service offered by HomeCinemaUSA.com, constitute the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of these Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that these Terms of Service and any other agreements referenced herein may be assigned by HomeCinemaUSA.com, in its sole discretion, to a third party in the event of a merger or acquisition. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a HomeCinemaUSA.com Member or participation in any other program or service offered by HomeCinemaUSA.com. You agree that by accepting these Terms of Service, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy.
These Terms of Service were last modified on September, 2005.
© 2008 Rectivity, Inc. All rights reserved.
