Terms and Conditions
Date of Last Revision: 03/27/2017
These Terms and Conditions disclose the terms and conditions practices for BlueWireTV.com (the "Website", "Us", or "Company”).
We reserve the right to discontinue or alter any products or services offered by or through this Website or to change or amend this Agreement at any time. Such changes, alterations, amendments or discontinuances shall be effective immediately without further notice thereof.
2. ORDER PROCESSING AND SHIPPING TIMES
Your order will be processed and shipped within 72 hours (3 business days) from the date of order. Normal operating business hours are Monday through Friday from 9 AM to 5 PM EST (excluding holidays). For any products which are not in stock at the time of your order, shipment will be processed immediately upon receipt of the product. Shipping times will vary depending upon the selected shipping option. Orders to the United States are shipped via the United States Postal Service.
3. WEBSITE ORDER TERMS
When you place an order from our Website, you will be presented with the total amount of all relevant charges which will vary depending upon your order. For example, on all orders you will clearly see the product cost, the shipping and processing cost, any discounts, and, if applicable, the sales tax cost. Please note, by law we must collect sales tax on all orders placed by residents of New York.
4. APO, FPO & PO BOX ADDRESSES
Orders being shipped to APO, FPO or PO Box can incur additional shipping times. We estimate 10-14 business days for delivery once the order has been shipped; however, some destinations may take longer.
5. RETURNS & EXCHANGES
Order Cancellations: If you wish to cancel your order please contact our Customer Service Support Team by email at firstname.lastname@example.org right away. In-stock items are typically processed within 24 hours, so it is very important that you contact us as soon as possible so we can cancel your order before it is processed and dispatched. After 24 hours, we cannot guarantee that we will be able to modify the contents of your order, change your shipping details, or have your shipment pulled back from the courier. Once your order has been successfully cancelled, you will be refunded for the full amount of your purchase.
30 Day Exchange Policy: To exchange a product which is defective or was damaged during shipping you will first need to obtain a Return Merchandize Authorization ("RMA") number and a return shipping address from our Customer Service Support Team. To obtain an RMA and the appropriate return shipping address, please contact us at email@example.com. All items must be in the original box with the RMA number clearly marked on the outside of the package. Returns must be received within 30 days from the delivery date of your order.
IMPORTANT NOTES: We reserve the right to fully inspect returned products for damage and it is in our sole discretion to determine if the product is in fact damaged. We will not process, accept, or exchange products marked "Return to Sender" or products that do not include your RMA number. Without an RMA number on your package, we will be unable to associate the returned product with your account.
Please ship all return packages to:
Attn: BlueWire TV Antenna
5694 Mission Center Rd Suite 602-615
San Diego CA 92108
6. BILLING ERRORS
If you believe that you have been billed incorrectly, please contact our Customer Service Support Team at firstname.lastname@example.org. Please allow 24 business hours for our Customer Service Support Team to respond to your inquiry. Your inquiry will be processed in the order in which it was received. If we do not hear from you within 30 days after such billing error first appears on any account statement, the billing will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within 30 days of its appearance on your credit/debit card account statement.
7. CUSTOMER SERVICE INFORMATION
To contact our Customer Service Support Team, please email email@example.com. Please allow 24 business hours for our Customer Service Support Team to respond to your inquiry. Your inquiry will be processed in the order in which it was received.
8. YOUR REPRESENTATIONS
You represent that you are at least 18 years of age. You represent that the information provided by you when placing your order is up-to-date, materially accurate, and sufficient for us to fulfill your order in a timely and efficient manner. You are responsible for maintaining and promptly updating your account information with us and keeping such information (and any passwords given to you for the purposes of accessing the Website and/or purchasing products) secure against unauthorized access. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the product only extend to you on the understanding that you are the end user and not a reseller of any product. We do not authorize you to resell, redistribute or export any product that you order from the Website. You agree to pay for the product and any taxes and shipping and/or handling of product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery of the product and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).
9. OUR REPRESENTATIONS; PRODUCT DESCRIPTIONS
It is our Company mission to provide our customers with the finest products available. We want you to have the most accurate information concerning the products. The information we communicate to you about a product and/or its efficacy is obtained from manufacturers, independent third parties such as educational institutions, scientific news articles and agencies, scientific reports and researchers ("Information Sources"). We do not represent or warrant that any Information Source is error free, nor do we warrant any Information Source nor the methods that they use to arrive at their conclusions. All product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the product will conform to such specifications or performance data.
10. LIABILITY LIMITATION/DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT COMPANY WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. THE PRODUCTS YOU ORDER AT OR THROUGH THIS WEBSITE ARE SOLD AND DELIVERED TO YOU "AS IS" WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Any notice or other communications arising in relation to this Agreement shall be given by sending an e-mail to the latest email address that one party has notified in writing to the other. In the case of sending notices to you, Company will use the email address you provided to Company when you ordered your product. Such notices or communications (where properly addressed) shall be considered received on the earliest of (i) the email being acknowledged by the recipient as received; (ii) receipt by the sender of an automated message indicating successful delivery or the email having been opened; or (iii) the expiry of forty-eight (48) hours after transmission, provided that the sender has not received notification of unsuccessful transmission.
You agree to defend, indemnify, and hold harmless Company, its officers, directors, managers, members, employees, shareholders, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, losses, liabilities, expenses, costs, or demands, including without limitation, legal and accounting fees, for all damages directly, indirectly, and/ or consequentially resulting or allegedly resulting from your misuse of the Website, or your breach of any of these terms and conditions of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. If we do not hear from you promptly, we reserve the right to defend such claim or suit and seek full compensation from you.
We reserve the right to terminate your access to or use of this Website and/or your subscription to the product should we believe that you have violated any of the terms of this Agreement or if we believe you have sought, in bad faith, charge backs, credit backs, cash back points, product returns, discounts or any other conduct designed to injure, disrupt, or harass this Website or the Company's business operations.
14. SALES TAX
If you purchase any products available on our Website, you will be responsible for paying any sales tax indicated on the Website.
We reserve the right, but undertake no obligation, to actively report and prosecute actual and suspected credit card fraud. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order, and other information. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. We capture certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any Website order is suspected to be fraudulent, we reserve the right, but undertake no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. We reserve the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
16. INTELLECTUAL PROPERTY RIGHTS
The Website, its content and compilation of content is owned by Company or its agents or affiliates and is protected by United States Copyright Act of 1976, as amended, the Berne Convention and the copyright laws of other countries. All content, logos, icons and designs, unless noted otherwise, are proprietary to Company or its agents or affiliates. The materials provided in this service, including graphic images, buttons, and text, may not be copied, republished, reproduced, uploaded, transmitted, posted, or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all trademark, copyright, and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Company, its affiliates' or its third-party information providers' copyrights and other proprietary rights.
Choice of Law/Venue/Dispute Resolution: This Agreement is governed by and construed under the laws of the United States and the State of Arizona. The federal and state courts of Maricopa County have exclusive jurisdiction to adjudicate any non-arbitrable matter arising out of this Agreement. Any dispute arising under or relating to the Website, any product ordered or purchased at or through this Website, or this Agreement shall be first submitted to non-binding mediation at JAMS, New York, NY before a mutually agreed upon mediator. If the parties cannot agree upon a JAMS mediator, either party may petition the court for appointment of a JAMS mediator. If mediation fails to resolve the dispute, it shall be decided by arbitration at JAMS New York, NY before a mutually agreed upon arbitrator. If the parties cannot agree upon a JAMS arbitrator, either party may petition the court for appointment of a JAMS arbitrator. The arbitration will be conducted in accordance with the then prevailing commercial arbitration rules of the AAA. Claims subject to this mandatory arbitration clause cannot be asserted through a class action or analogous group arbitration action.
Severability: If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions of Use will continue in full force and effect.
Assignment: This Agreement and the rights and liabilities of the parties hereto inure to the benefit of their respective successors and assigns. Company may assign this Agreement to any successor entity. Customer may not assign without the written permission of Company.
Attorneys' Fees: In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
No Waiver: No waiver of or by Company shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Modifications: Company reserves the right to change any of the provisions posted herein and you agree to review the date of last revision of these terms and conditions each time you visit the Website. Your continued use of the Website following the posting of any changes to these terms and conditions constitutes your acceptance of such changes. Company does not and will not assume any obligation to provide you with notice of any change to this document and you acknowledge and agree to the same. Unless accepted by Company in writing, you may not amend these terms and conditions in any way.