Terms of Use
Use of siteYou 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 now 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 to shop 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 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: 1. Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.
2. Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under the U.S. or international law.
3. Include bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties.
Content provided on this Site is solely for informational purposes. Submissions or opinions expressed on this Site are those of the individual expressing such Submission or opinion and do not reflect our opinions.
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 authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement. 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 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.
Product reviews and commentsExcept as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") are to be non-confidential and nonproprietary. 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. 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 third parties about the origin of any Submissions or Content or us. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. Intellectual PropertyAll Manufacturers Images, Logos, or Text are copyrighted of the respective companies and are used here for the sole purpose of promoting and selling their products. Dan's Electronics Etc., Inc. Is in no way affiliated or claim to be representatives of any brand or manufacturer other than Anderic®. Otherwise, all text, graphics, button icons, images, audio clips, and software (collectively, "Content") belongs exclusively to their creators. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong solely 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 the 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 confuse you. You may not use our trademarks or service marks in any manner that disparages or discredits the respective brand's company or us. Without prior explicit consent, you may not use any of our trademarks or service marks in meta tags. Counterfeit ItemsWe only purchase from authorized dealers for all brands. We do not promote the creation or distribution of counterfeit products in any way. We do our best to check our inventory and have countermeasures not to purchase or sell any counterfeit items. However, there is still a chance we could have missed items as it seems counterfeiting is on the rise. If and when it comes to our attention, we will immediately remove the items or relist them as generic items and offer refunds for those who have purchased the items.
Privacy PolicyPlease 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 saleThe risk of loss for items purchased passes to you upon our delivery of the items to the carrier. For more information about our shipping, you may access http://www.replacementremotes.com/faq.cfm (and on the web pages to which that webpage links).
Termination and effect of terminationIn 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 termination date.
International accessThis Site is accessible from countries. This Site may contain products or references to products not available outside of the United States. 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 must comply with your local laws and regulations.
Disclaimer and limitation of liabilityEXCEPT 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 SITE OPERATION 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, NON-INFRINGEMENT, 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 NUMBER OF FEES PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
Typographical and pricing errorsSuppose a product is listed at an incorrect price or with incorrect information due to typographical error or pricing or product information received from our suppliers. In that case, 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 confirmation and your credit card charged. If funds have already been transferred, we shall immediately issue a refund.
LinksThis Site may contain links to other sites on the Internet owned and operated by third parties. You acknowledge that we are not responsible for the content located on or through any such site.
RemediesYou 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 damages, injunctive relief, attorneys' fees, and expenses without limitation. 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 waivers.
Applicable lawThis Site is created and controlled by us in North Carolina, USA. As such, the North Carolina laws will govern these disclaimers, terms, and conditions without affecting any principles of conflicts of laws.
DisputesAny 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 N.C. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens for venue and jurisdiction in the state and federal courts of N.C. Under these Terms of Use, Arbitration shall be conducted under 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.
SeverabilityIf any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several. It shall not affect the validity and enforceability of any remaining provision. Our addressPlease send any questions or comments regarding this Site to:
Dan's Electronics ETC., Inc. 4945 Reynolda Road Winston Salem, NC 27106 USER AGREEMENT
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