REPLACEMENTREMOTES.COM'S TERMS OF USE
Welcome to the ReplacementRemotes.com website (the "Site"). Dan’s Electronics ETC., Inc. provides services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the vendor and are not made by us.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
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 us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we 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 our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us 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 us 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 us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY
All Manufacturers Images, Logos, or Text are copyright of the respective companies and are used here for the sole purpose of promoting and selling their products.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Dan’s Electronics ETC., Inc. or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Dan’s Electronics ETC., Inc. or its affiliates. All software used on this Site (the "Software") is the property of Dan’s Electronics ETC., Inc. its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. REPLACEMENTREMOTES.COM, REPLACEMENTREMOTE.COM, ANDERIC.COM, ANDERIC, ANDERIC HOSPITALITY, ANDERIC GENERICS and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Dan’s Electronics ETC., Inc. or our affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use any brand's trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us or the respective brand's company. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is available at http://www.replacementremotes.com/privacy_policy.cfm.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale, which you may access here http://www.replacementremotes.com/faq.cfm (and on the webpages to which that webpage links).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS HERE http://www.replacementremotes.com/faq.cfm (and on the webpages to which that webpage links), THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE http://www.replacementremotes.com/faq.cfm (and on the webpages to which that webpage links). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
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 product 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 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.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This site is created and controlled by us in the State of Nevada, USA. As such, the laws of the State of Nevada will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
DISPUTES
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Winston Salem, NC, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of NC. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of NC. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Dan's Electronics ETC., Inc. DBA
Replacement Remotes
4945 Reynolda Road
Winston Salem, NC 27106
REPLACEMENTREMOTES.COM'S USER AGREEMENT
INVOICES AND PURCHASE ORDERS
If you are a first time buyer or we do not have satisfactory credit history with us we may require a credit card for our filing. If we do agree to ship your order in advanced, we will invoice you. We must have a Tax Id or SSN number on file for your company. If not, we will accept a credit card on file and we may authorize the card. We will charge your card anytime after 30-days of non-payment.
OWNERS/OPERATING MANUALS
Note: Most operating manuals are available online for free by their respective manufacturers. You can usually find them on the manufacturers website under their support section. We offer a select few here; but at a charge, please see below for more information.
By purchasing an owner's manual, Hard copy, book, code book, operating guide, PDF manual or any paper document whether printed or non-printed format, you (the purchaser) agree to the following:
PDF downloadable manuals: that you are aware that you are not paying for the .PDF file itself. You are paying for our knowledge and labor that we put into connecting you with the document you need along with our time our company has put into it for its research. This work consists of making sure that the information on the site is correct including our team finding the correct remote control for each manual and allowing you to access our research that we have done for you. The prices cover our operating costs, an maintenance of our website. We also make sure that the individual manual is informative and correspond to the remote control that comes with the device (DVD player, VCR, TV, etc.).
Hard Copy (paper) Manuals: When purchasing a hard copy of any book, manual, PDF, code book, etc. from our site you understand that you are paying only for what our company has done to present you to the manual. This includes our work, time, ink & paper that we use in making your manual for you. You are not paying for the respected companies manual itself or the content inside the manuals. We are not responsible for any manual or its content that is on our site(s). We are not authorized dealers for the companies that produces the manuals, and are not liable for the information inside the manuals.
This policy may change at anytime without notice.
REPAIR SERVICE
By sending your remote/s to us for repair you agree to the following terms:
• There may be some cosmetic damage to the case by the process in opening the case of the remote. Most will show no signs of entry, but due to the design of some remotes it is unavoidable. We do our best to minimize cosmetic damage, but due to the large number of different remote case designs and materials, there is no guarantee that we can return it in the exact same physical shape it was before it's opened. Some case designs require that they be glued back together effectively making them only repairable once.
• your remote control may take up to 3 weeks for you to receive back.
• there is a small chance that your remote control may NOT be able to be repaired. In this case you understand that we still charge a $10.00 fee for taking a look at it and spending our time trying to repair it. This fee also helps us pay for the shipping of this remote back to you. We will not return the remote to you until we have received payment.
• If remote is un-repairable then we will send it back to you with a check for the difference. Your price paid subtract $10.00 will be sent back to you.
• If we have a comparable replacement that will work for you, we may send the replacement along with your original without consulting you first. If you do not want us to send you a replacement you must let us know when you send in the remote. If we do send a replacement than we will keep your $23.00 or $33.00 for the repair.
• DO NOT SEND BATTERIES, they will not be returned.
ORDERS AND SPECIAL ORDERS
By purchasing a product from replacementremotes.com you understand the following. Please make sure you read the description for the product(s) you are purchasing before you purchase, in order to avoid any returns later. We try to make it clear enough for any customer to know exactly what they are purchasing. If you have questions about any product feel free to contact us before placing the order.
• All prices on our site may change without notice! Our prices change from a day-to-day basis. If you have placed a special order (any order that is NOT IN STOCK at time of purchase) with us, prices may change even after you place the order because our suppliers may have went up in price. In this case, if price is lower than what you agreed on paying, we will go ahead and adjust the price and send out the product without notice. If product is substantially higher in price we will hold the order and notify you by email about the price.
• Delivery dates may change - Special Ordered products usually take 7 - 10 business days for shipment, but may take longer for delivery. We may or may not notify you of the exact delivery date, but we try our best. ETA (estimated time of delivery) dates may fluctuate according to our suppliers, and the delivery carriers. Give us a call if you have any questions.
• Refurbished Remotes without battery covers will be noted at time of purchase. All refurbished remotes that do not have a battery cover will be noted in their description, checkout process and receipt page. These remotes will have their price already reduced to compensate for the missing battery cover. If we do not state that the remote you are purchasing does not include a battery cover than we will be glad to refund you $5.00 or cancel your order.
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