Terms of Service
By purchasing service from HD Installers you are agreeing to the following terms and conditions with no reservation.
General Terms Of Service
Issues concerning the pre-determined and final location and installation methods of the projector system, home theater system,
or flat panel TV are between that of the Tenant and Homeowner.
For the all installation services the customer must have all materials required to complete installation at the time of the
scheduled installation appointment.
Occasionally additional services that are not identified during the initial consultation must be provided that are outside normal or
contracted scope of work that was paid for to HD Installers.
On those occasions the installer may provide services that are outside the scope of work for a separate fee.
Those services and any subsequent dispute arising from those additional service are between the local installer and the
customer.
Do not sign the contract if any damage has been done to any of your property during installation. By signing the work order the
customer is agreeing to the following:
1.) The customer agrees to be bound to this terms of service and any additional changes that may happen to this terms of
service after the contract is signed. HD Installers will notify via email within a reasonable time frame of any changes.
2.) The customer agrees that no further work is required by HD Installers. That the work contracted for has been completed to
their complete satisfaction.
3.) The customer agrees that the installer did not damage any of the customer property during, after or before installation.
Therefor the customer has no claim for damage after the installation is complete and the customer has signed the work order.
4.) They agree to pay for any additional services rendered at the time of the installation.
5.) HD Installers has the final right to refuse any claims of damage by HD Installers or its contractors and the customer waives
any other rights they might otherwise have available to them.
6.) HD Installers may without notice refuse to service a customer if in HD Installers own discretion they determine the
customer to be unreasonable in their requests.
All transactions are final. If the customer cancels HD Installers will charge a booking fee up to $200 Contact HD Installers for the
specific booking fee for your package. In some instances since HD Installers is not directly performing the installation the local
installer are required to carry between $300,000 and $2,000,000.00 in liability insurance. It is the customer responsibility to verify
insurance at the time of installation. If the installation is sub-contracted to a local installer and damage occurs during the
installation the customer agrees that the local installers are the responsible party to cover the cost of any repairs and therefor
the customer will not hold HD Installers liable for any damage. If HD Installers is the local Installer they have liability insurance in
excess of $2,000,000.00 to cover the damage of any work they perform. HD Installers offers mediation between the local
installer and the customer if the customer is not satisfied with the work of the installer and will make every reasonable effort to
make sure the customer is completely satisfied with the service provided.
Detailed Terms Of Service:
The following terms of use apply only to the use of and purchases from the HD InstallersSM ("HD InstallersSM") website at www.
hdinstallers.com (the "HD InstallersSM Website"). The terms "you", "your" and "yours" refer to the user/customer utilizing our
website to purchase services ("Services") or to browse our website. The terms "we," "us" and "our" refer to HD InstallersSM.
• 1.
GENERAL TERMS.
o 1.1
Disclaimer of warranty for HD InstallersSM Website.
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any product or
Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-
infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
o 1.2
Errors on and Changes to our website.
Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances
when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability.
We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right
to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice.
We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been
submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your
payment has been processed, we will issue a full refund to the original pay type.
o 1.3
Damages.
In no event shall HD InstallersSM, its parent or affiliates, or their respective officers, directors, employees, representatives or
agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to,
loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we
have been advised of the possibility of any such damages.
o 1.4
Governing law.
These terms are governed and construed by the laws of the Commonwealth of Georgia without regard to its conflict of law rules.
You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and
effect.
o 1.5
Privacy policy.
We realize that customers are concerned about how the information they provide online or offline will be used. We are
committed to protecting your privacy and will use the information we collect about you to process your order. Please read our
Privacy Policy for more details.
o 1.6
HD InstallersSM and the HD InstallersSM Website.
"HD InstallersSM" and the HD InstallersSM Website are owned and operated by TGOE LLC and or its subsidiaries.
• 2.
CONDITIONS FOR ONLINE SERVICE.
o 2.1
Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for
service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session
whether online or by telephone; or (c) your use of the Service. This Agreement is made up of the terms below, plus the Privacy
Policy, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated
herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service, and under
which HD InstallersSM, and/or its authorized service provider(s), agrees to provide the Service to you.
o 2.2
Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the HD InstallersSM Installation service, including all technical
support, products and services provided directly by HD InstallersSM under the service option that you have selected.
o 2.3
Authorized User, Use and Responsibilities.
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your
employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your
employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You
understand that HD InstallersSM relies on the information you supply and that providing false or incorrect information may result
in Service withholding or delays or cancellation fees. You agree to promptly notify HD InstallersSM whenever your personal or
billing information changes (including for example, your name, address, telephone number, and credit card number and
expiration date).
2.3.1
You agree that you are responsible for all equipment and Service you purchase separately from HD InstallersSM, including
product or service provided by anyone acting as an authorized representative of HD InstallersSM that is not charged to your
credit card by HD InstallersSM. You understand you must provide all equipment necessary to complete the Service you have
contracted for.
2.3.2
If you pre-purchase or subscribe to any HD InstallersSM Services: You may not resell the Service, use it for high volume
purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by HD InstallersSM.
2.3.4
All purchase come with HD Installers 10 Start Guarentee ("10 Star") for your installation, you may only use the Service in
connection with the installation listed in your work order. You hereby acknowledge and agree that a 10 Star service contract
covers only the installation specifically listed in the Product Description. Any custom work would require you to purchase
additional warranty service. The installation service detailed in your work order is not an exhaustive list, and HD InstallersSM
may modify it any time. HD InstallersSM reserves the right to charge an additional fee to perform services tat you request that
are not covered by the 10 Star, or to refuse to perform such service. As part of the 10 Star, HD InstallersSM will return to the
original location of the installation provided to remedy any defects in work determined by HD Installers SM for up to 12 months
from the time you placed the order. HD InstallersSM reserves the right to terminate this Agreement if you (i) change any inputs to
your television; or (ii) alter, modify or disable the equipment we installed, or its settings or configurations.
o 2.4
Availability of Service.
2.4.1
The Service you select may not be available at all times, and may not be available in the format generally marketed, and some
televisions and location may not be able to receive the Service even if initial assessment showed your television and location
was qualified to receive. All Services are provided on an AS IS basis. Quality of picture, placement of television and availability of
Service are not guaranteed.
2.4.2
HD InstallersSM or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of
availability.
o 2.5
Term and Termination.
2.5.1
This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject
to the terms of this Paragraph, until terminated by either party as permitted by this Agreement.
2.6.2
Termination of Service.
2.6.2.1
Included Warranty of Service.
HD InstallersSM may terminate this Agreement without cause by giving thirty (30) days written notice to you. Fees paid for your
Service, if any, are not refundable after 24 hours of placing your order.
2.6.2.2
Termination and/or Suspension by HD InstallersSM.
If, in the sole discretion of HD InstallersSM: (a) you are in breach of any of the terms of this Agreement; (b) your use of the Service
is prohibited by law; (c) HD InstallersSM receives an order from a court to terminate your Service; (d) if HD InstallersSM for any
reason ceases to offer the Service; (e) if you are no longer a HD InstallersSM customer, or (f) HD InstallersSM determines that
you are abusing the Service then, HD InstallersSM at its sole election may terminate or suspend your Service immediately
without notice.
2.6.2.3
Cancellation Fee(s).
If you need to cancel the Service, HD InstallersSM, in its sole discretion, may charge a cancellation for service ordered. The
cancellation fee will not be less than $129. HD InstallersSM, in its sole discretion, may charge additional fees for cancellation
depending on the situation of the cancellation. Next Day or Expedited Installations Services have a $200 cancellation fee.
o 2.7
Pricing and Payment.
2.7.1
Pricing and Fees.
HD InstallersSM fees and charges for the Service(s) you select are supplied to you during the ordering process and are available
on the HD InstallersSM sales receipt unless otherwise provided for in this Agreement. You agree to pay the charges applicable to
your selected Service plan, as well as any, applicable taxes and other charges including but not limited to minimum service fees,
no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or
fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or
insufficient funds. Set up fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. HD
InstallersSM or its agent will bill you directly, or charge your credit card, as you request and as approved by HD InstallersSM. HD
InstallersSM does not accept cash or checks for payment of any charges or fees. HD InstallersSM reserves the right to charge
service fees to a customer's credit card up to eight (8) weeks after the conclusion of service or at any time prior to the service
being rendered.
2.7.2
Late Fees.
If any portion of your bill is not paid by the due date, HD InstallersSM may charge you a late fee on unpaid balances and may also
put a lien on the location where the Service was provided without notice. The late fee will be the lesser of five percent (15%) per
month, or the highest rate permitted by law. In the event HD InstallersSM utilizes a collection agency or resorts to legal action to
recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
2.7.3
Change in Service.
You have the option to change your Service(s) at any time by notifying us prior to the completion of Service, provided that you
qualify for and comply with any requirements of the changed Service.
2.7.4
Missed Appointments.
If you do not contact HD InstallersSM a minimum of twenty-four (24) hours prior to your appointment to reschedule your
appointment, you will be charged, at HD InstallersSM's option, a missed appointment fee of no less than $129.
2.7.5
Waiver.
The waiver of any fees or charges lies solely at the discretion of HD InstallersSM.
o 2.8
Limitations on Use of the Service.
2.8.1
You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and you will
comply with all applicable local, state, national and international laws and regulations.
2.8.2
You are not authorized to use any HD InstallersSM name or mark (including 'HD InstallersSM') as a hypertext link to any HD
InstallersSM Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of HD
InstallersSM.
2.9
Warranties and Limitation of Liability.
2.9.1
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE
SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY HD
InstallersSM AND/OR ITS AUTHORIZED SERVICE PROVIDERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH
EQUIPMENT OR SOFTWARE), HD InstallersSM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES AND
AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS),
DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-
INTERFERENCE, TITLE, COMPATIBILITY OF EQUIPMENT SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING,
COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY TGOE LLC OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY.
2.9.2
HD InstallersSM DOES NOT WARRANT THAT THE SERVICE PROVIDED BY HD InstallersSM OR ITS AUTHORIZED SERVICE
PROVIDERS WILL PERFORM AT A PARTICULAR RESOLUTION, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE
UNINTERRUPTED, OR THE LIKE. HD InstallersSM SHALL NOT BE LIABLE FOR LOSS OF PICTURE QUALITY, OR IF CHANGES IN
OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. HD InstallersSM MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE
SERVICE AND THE TELEVISION GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY
TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
2.9.3
IN NO EVENT SHALL HD InstallersSM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS), ITS THIRD
PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR
DAMAGE TO LOCATION OF INSTALLATION OR EQUIPEMENT INSTALLED WITH OUR SERVICE ARISING OUT OF THE USE, PARTIAL
USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF HD
InstallersSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
OTHER PARTY.
2.9.4
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO HD InstallersSM'S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
2.9.5
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH HD InstallersSM (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), HD InstallersSM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING
GSPS, ARE COLLECTIVELY RESPONSIBLE.
2.9.6
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE
ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF
IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR
EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
2.9.7
HD InstallersSM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO
YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE
SERVICE.)
o 2.10
Indemnification.
You agree to defend, indemnify and hold harmless HD InstallersSM from and against all liabilities, costs and expenses, including
reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you
(or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the
television; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and for damages to or loss of any
property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such
liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any
intellectual property rights arising from the use of the Service.
o 2.11
Notices.
2.11.1
Notices required under this Agreement by you shall be provided to the HD InstallersSM Customer Service Department. Notices by
HD InstallersSM to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the
United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of
changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
2.11.2
With regard to electronic communications, you and HD InstallersSM further agree that: (a) the User ID and/or alias of a sender,
contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the
communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect
as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of
the original content of the electronic communication.
o 2.12
General Provisions.
2.12.1
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or
expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Warranties and
Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
2.12.2
HD InstallersSM will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control,
including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-
related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
2.12.3
You agree not to assign or otherwise transfer, this Agreement in whole or in part or obligations under it. Any attempt to do so
shall be void. We may assign all or any part of this Agreement without notice.
2.12.4
You and HD InstallersSM agree that the substantive laws of the Commonwealth of Georgia, without reference to its principles of
conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating
in any way to the subject matter of this Agreement. YOU AND HD InstallersSM CONSENT TO THE EXCLUSIVE PERSONAL
JURISDICTION OF AND VENUE IN A COURT LOCATED IN LAWRENCEVILLE, GEORGIA FOR ANY SUITS OR CAUSES OF ACTION
CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except
as otherwise required by law, including GEORGIA laws relating to consumer transactions, any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred.
2.12.4
Contractor/manufacturer is HD InstallersSM or its licensors and suppliers. The use of Software and documentation is further
restricted in accordance with the terms of this Agreement.
2.12.5
HD InstallersSM's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance
shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid,
illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the
parties.
2.12.7
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this
Agreement either by attachment or by reference, constitutes the entire agreement between you and HD InstallersSM with
respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
• 3.
OWNER OF THE HD InstallersSM WEBSITE AND THE HD InstallersSM BRAND.
The HD InstallersSM brand and the HD InstallersSM Website are owned and operated by TGOE LLC, and or its affiliates ("TGOE").
All references to "HD InstallersSM," the "HD InstallersSM Website," "us," "we," and "our" are references to TGOE. In some
instances, TGOE may use an authorized third party to perform the Services under the HD InstallersSM brand.
NOTICE TO CUSTOMER
(Section 7018.5—Contractor’s License Law)
IN CALIFORNIA THE LAW REQUIRES THAT, BEFORE A LICENSED CONTRACTOR CAN ENTER INTO A CONTRACT WITH YOU FOR A
WORK OF IMPROVEMENT ON YOUR PROPERTY, HE MUST GIVE YOU A COPY OF THIS NOTICE. THIS IS YOUR COPY PLEASE PRINT
IT OUT.
Under the California Mechanics’ Lien Laws, any contractor, sub-contractor, laborers, supplier, or other person or entity who help
to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property
where the work was performed or other properties and to sue you in court to obtain payment.
This means that after a court hearing, you home, business, land, and property could be sold by a court officer and the proceeds
of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s sub-
contractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as sub-contractors or material
suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who
contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A
preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file
a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, sub-contractor, supplier, or
laborers must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property.
Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of
your project.
General Terms Of Service
Issues concerning the pre-determined and final location and installation methods of the projector system, home theater system,
or flat panel TV are between that of the Tenant and Homeowner.
For the all installation services the customer must have all materials required to complete installation at the time of the
scheduled installation appointment.
Occasionally additional services that are not identified during the initial consultation must be provided that are outside normal or
contracted scope of work that was paid for to HD Installers.
On those occasions the installer may provide services that are outside the scope of work for a separate fee.
Those services and any subsequent dispute arising from those additional service are between the local installer and the
customer.
Do not sign the contract if any damage has been done to any of your property during installation. By signing the work order the
customer is agreeing to the following:
1.) The customer agrees to be bound to this terms of service and any additional changes that may happen to this terms of
service after the contract is signed. HD Installers will notify via email within a reasonable time frame of any changes.
2.) The customer agrees that no further work is required by HD Installers. That the work contracted for has been completed to
their complete satisfaction.
3.) The customer agrees that the installer did not damage any of the customer property during, after or before installation.
Therefor the customer has no claim for damage after the installation is complete and the customer has signed the work order.
4.) They agree to pay for any additional services rendered at the time of the installation.
5.) HD Installers has the final right to refuse any claims of damage by HD Installers or its contractors and the customer waives
any other rights they might otherwise have available to them.
6.) HD Installers may without notice refuse to service a customer if in HD Installers own discretion they determine the
customer to be unreasonable in their requests.
All transactions are final. If the customer cancels HD Installers will charge a booking fee up to $200 Contact HD Installers for the
specific booking fee for your package. In some instances since HD Installers is not directly performing the installation the local
installer are required to carry between $300,000 and $2,000,000.00 in liability insurance. It is the customer responsibility to verify
insurance at the time of installation. If the installation is sub-contracted to a local installer and damage occurs during the
installation the customer agrees that the local installers are the responsible party to cover the cost of any repairs and therefor
the customer will not hold HD Installers liable for any damage. If HD Installers is the local Installer they have liability insurance in
excess of $2,000,000.00 to cover the damage of any work they perform. HD Installers offers mediation between the local
installer and the customer if the customer is not satisfied with the work of the installer and will make every reasonable effort to
make sure the customer is completely satisfied with the service provided.
Detailed Terms Of Service:
The following terms of use apply only to the use of and purchases from the HD InstallersSM ("HD InstallersSM") website at www.
hdinstallers.com (the "HD InstallersSM Website"). The terms "you", "your" and "yours" refer to the user/customer utilizing our
website to purchase services ("Services") or to browse our website. The terms "we," "us" and "our" refer to HD InstallersSM.
• 1.
GENERAL TERMS.
o 1.1
Disclaimer of warranty for HD InstallersSM Website.
We provide our website and its contents on an "AS IS" basis and make no warranty or representation regarding any product or
Service, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-
infringement, which are hereby expressly disclaimed, unless otherwise stated herein.
o 1.2
Errors on and Changes to our website.
Despite our efforts to ensure that the information on our website is accurate, complete and current, there may be instances
when information about a Service contains inaccurate or incomplete data, including data about the Service's price or availability.
We make no warranty or guarantee that the information on our website is error-free, complete, or current. We reserve the right
to make changes, including pricing, and to correct errors and/or update the content on our website at any time without notice.
We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been
submitted, whether or not the order has been confirmed and your credit card charged. If your order is canceled after your
payment has been processed, we will issue a full refund to the original pay type.
o 1.3
Damages.
In no event shall HD InstallersSM, its parent or affiliates, or their respective officers, directors, employees, representatives or
agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to,
loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we
have been advised of the possibility of any such damages.
o 1.4
Governing law.
These terms are governed and construed by the laws of the Commonwealth of Georgia without regard to its conflict of law rules.
You agree that if any part of these terms is found to be unenforceable, the remainder of these terms will remain in full force and
effect.
o 1.5
Privacy policy.
We realize that customers are concerned about how the information they provide online or offline will be used. We are
committed to protecting your privacy and will use the information we collect about you to process your order. Please read our
Privacy Policy for more details.
o 1.6
HD InstallersSM and the HD InstallersSM Website.
"HD InstallersSM" and the HD InstallersSM Website are owned and operated by TGOE LLC and or its subsidiaries.
• 2.
CONDITIONS FOR ONLINE SERVICE.
o 2.1
Acceptance of the Services.
You are deemed to have accepted this Agreement upon the earlier of: (a) your submission of an online or telephone request for
service; (b) your accepting the Terms of Service electronically during registration or in the course of initiating a support session
whether online or by telephone; or (c) your use of the Service. This Agreement is made up of the terms below, plus the Privacy
Policy, and the other policies and materials specifically referred to in these Terms of Service, all of which are incorporated
herein by reference. The Agreement sets forth the terms and conditions under which you agree to use the Service, and under
which HD InstallersSM, and/or its authorized service provider(s), agrees to provide the Service to you.
o 2.2
Definition of Service.
For purposes of this Agreement, the term "Service" shall mean the HD InstallersSM Installation service, including all technical
support, products and services provided directly by HD InstallersSM under the service option that you have selected.
o 2.3
Authorized User, Use and Responsibilities.
You represent that: (i) you are 18 years of age or older and you have the legal capacity and authority to bind yourself and your
employer, as applicable, to this Agreement; (ii) you consent on behalf of yourself and/or as an authorized representative of your
employer, as applicable, to be bound by this Agreement; and (iii) the information you supply to us is correct and complete. You
understand that HD InstallersSM relies on the information you supply and that providing false or incorrect information may result
in Service withholding or delays or cancellation fees. You agree to promptly notify HD InstallersSM whenever your personal or
billing information changes (including for example, your name, address, telephone number, and credit card number and
expiration date).
2.3.1
You agree that you are responsible for all equipment and Service you purchase separately from HD InstallersSM, including
product or service provided by anyone acting as an authorized representative of HD InstallersSM that is not charged to your
credit card by HD InstallersSM. You understand you must provide all equipment necessary to complete the Service you have
contracted for.
2.3.2
If you pre-purchase or subscribe to any HD InstallersSM Services: You may not resell the Service, use it for high volume
purposes, or engage in other similar activities, or use it as a virtual support center, as determined solely by HD InstallersSM.
2.3.4
All purchase come with HD Installers 10 Start Guarentee ("10 Star") for your installation, you may only use the Service in
connection with the installation listed in your work order. You hereby acknowledge and agree that a 10 Star service contract
covers only the installation specifically listed in the Product Description. Any custom work would require you to purchase
additional warranty service. The installation service detailed in your work order is not an exhaustive list, and HD InstallersSM
may modify it any time. HD InstallersSM reserves the right to charge an additional fee to perform services tat you request that
are not covered by the 10 Star, or to refuse to perform such service. As part of the 10 Star, HD InstallersSM will return to the
original location of the installation provided to remedy any defects in work determined by HD Installers SM for up to 12 months
from the time you placed the order. HD InstallersSM reserves the right to terminate this Agreement if you (i) change any inputs to
your television; or (ii) alter, modify or disable the equipment we installed, or its settings or configurations.
o 2.4
Availability of Service.
2.4.1
The Service you select may not be available at all times, and may not be available in the format generally marketed, and some
televisions and location may not be able to receive the Service even if initial assessment showed your television and location
was qualified to receive. All Services are provided on an AS IS basis. Quality of picture, placement of television and availability of
Service are not guaranteed.
2.4.2
HD InstallersSM or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of
availability.
o 2.5
Term and Termination.
2.5.1
This Agreement goes into effect upon your acceptance of this Agreement as set forth in Paragraph 1 and shall continue, subject
to the terms of this Paragraph, until terminated by either party as permitted by this Agreement.
2.6.2
Termination of Service.
2.6.2.1
Included Warranty of Service.
HD InstallersSM may terminate this Agreement without cause by giving thirty (30) days written notice to you. Fees paid for your
Service, if any, are not refundable after 24 hours of placing your order.
2.6.2.2
Termination and/or Suspension by HD InstallersSM.
If, in the sole discretion of HD InstallersSM: (a) you are in breach of any of the terms of this Agreement; (b) your use of the Service
is prohibited by law; (c) HD InstallersSM receives an order from a court to terminate your Service; (d) if HD InstallersSM for any
reason ceases to offer the Service; (e) if you are no longer a HD InstallersSM customer, or (f) HD InstallersSM determines that
you are abusing the Service then, HD InstallersSM at its sole election may terminate or suspend your Service immediately
without notice.
2.6.2.3
Cancellation Fee(s).
If you need to cancel the Service, HD InstallersSM, in its sole discretion, may charge a cancellation for service ordered. The
cancellation fee will not be less than $129. HD InstallersSM, in its sole discretion, may charge additional fees for cancellation
depending on the situation of the cancellation. Next Day or Expedited Installations Services have a $200 cancellation fee.
o 2.7
Pricing and Payment.
2.7.1
Pricing and Fees.
HD InstallersSM fees and charges for the Service(s) you select are supplied to you during the ordering process and are available
on the HD InstallersSM sales receipt unless otherwise provided for in this Agreement. You agree to pay the charges applicable to
your selected Service plan, as well as any, applicable taxes and other charges including but not limited to minimum service fees,
no-show fees, fail to cancel fees, other nonrecurring charges and set-up fees. You also agree to pay any additional charges or
fees applied to your billing account for any reason, including but not limited to, interest, and charges due to insufficient credit or
insufficient funds. Set up fees, installation fees and other non-recurring fees, if applicable, will be included in your first bill. HD
InstallersSM or its agent will bill you directly, or charge your credit card, as you request and as approved by HD InstallersSM. HD
InstallersSM does not accept cash or checks for payment of any charges or fees. HD InstallersSM reserves the right to charge
service fees to a customer's credit card up to eight (8) weeks after the conclusion of service or at any time prior to the service
being rendered.
2.7.2
Late Fees.
If any portion of your bill is not paid by the due date, HD InstallersSM may charge you a late fee on unpaid balances and may also
put a lien on the location where the Service was provided without notice. The late fee will be the lesser of five percent (15%) per
month, or the highest rate permitted by law. In the event HD InstallersSM utilizes a collection agency or resorts to legal action to
recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
2.7.3
Change in Service.
You have the option to change your Service(s) at any time by notifying us prior to the completion of Service, provided that you
qualify for and comply with any requirements of the changed Service.
2.7.4
Missed Appointments.
If you do not contact HD InstallersSM a minimum of twenty-four (24) hours prior to your appointment to reschedule your
appointment, you will be charged, at HD InstallersSM's option, a missed appointment fee of no less than $129.
2.7.5
Waiver.
The waiver of any fees or charges lies solely at the discretion of HD InstallersSM.
o 2.8
Limitations on Use of the Service.
2.8.1
You agree that your use of the Service, without limitation, is your sole responsibility, is solely at your own risk, and you will
comply with all applicable local, state, national and international laws and regulations.
2.8.2
You are not authorized to use any HD InstallersSM name or mark (including 'HD InstallersSM') as a hypertext link to any HD
InstallersSM Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of HD
InstallersSM.
2.9
Warranties and Limitation of Liability.
2.9.1
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE"
BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE
SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT OR SOFTWARE PROVIDED BY HD
InstallersSM AND/OR ITS AUTHORIZED SERVICE PROVIDERS (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH
EQUIPMENT OR SOFTWARE), HD InstallersSM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES AND
AGENTS), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS),
DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-
INTERFERENCE, TITLE, COMPATIBILITY OF EQUIPMENT SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING,
COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY TGOE LLC OR ITS REPRESENTATIVES
SHALL CREATE A WARRANTY.
2.9.2
HD InstallersSM DOES NOT WARRANT THAT THE SERVICE PROVIDED BY HD InstallersSM OR ITS AUTHORIZED SERVICE
PROVIDERS WILL PERFORM AT A PARTICULAR RESOLUTION, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE
UNINTERRUPTED, OR THE LIKE. HD InstallersSM SHALL NOT BE LIABLE FOR LOSS OF PICTURE QUALITY, OR IF CHANGES IN
OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME
OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. HD InstallersSM MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE
SERVICE AND THE TELEVISION GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY
TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
2.9.3
IN NO EVENT SHALL HD InstallersSM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AFFILIATES OR AGENTS), ITS THIRD
PARTY LICENSORS, PROVIDERS OR SUPPLIERS, INCLUDING GSPS, BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR
DAMAGE TO LOCATION OF INSTALLATION OR EQUIPEMENT INSTALLED WITH OUR SERVICE ARISING OUT OF THE USE, PARTIAL
USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION,
INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF HD
InstallersSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY
OTHER PARTY.
2.9.4
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO HD InstallersSM'S THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GSPS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
2.9.5
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH HD InstallersSM (AND ITS OFFICERS, EMPLOYEES,
PARENT, SUBSIDIARIES, AND AFFILIATES), HD InstallersSM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, INCLUDING
GSPS, ARE COLLECTIVELY RESPONSIBLE.
2.9.6
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE
ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW OR LIMIT THE EXCLUSION OF
IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, OUR
EXCLUSIONS OR LIMITATIONS APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
2.9.7
HD InstallersSM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO
YOUR USE OR MISUSE OF THE SERVICE OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE
SERVICE.)
o 2.10
Indemnification.
You agree to defend, indemnify and hold harmless HD InstallersSM from and against all liabilities, costs and expenses, including
reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you
(or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service or the
television; (c) negligent acts, errors, or omissions by you; (d) injuries to or death of any person and for damages to or loss of any
property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such
liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any
intellectual property rights arising from the use of the Service.
o 2.11
Notices.
2.11.1
Notices required under this Agreement by you shall be provided to the HD InstallersSM Customer Service Department. Notices by
HD InstallersSM to you shall be deemed given: (a) when sent to your registered email address, or (b) when deposited in the
United States mail addressed to you at last-known address or (c) when hand delivered to your home, as applicable. Notice of
changes to this Agreement and these Terms of Service will be deemed given upon posting to the pages on the Website.
2.11.2
With regard to electronic communications, you and HD InstallersSM further agree that: (a) the User ID and/or alias of a sender,
contained in an electronic communication ("email"), is legally sufficient to verify the sender's identity and the authenticity of the
communication; (b) an email sent containing your User ID and/or alias establishes you as its originator and has the same effect
as a document with your written signature on it; and (c) an email or any computer printout of it, is a valid proof of the validity of
the original content of the electronic communication.
o 2.12
General Provisions.
2.12.1
All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or
expiration of this Agreement, including by way of illustration and not limitation, those clauses relating to Warranties and
Limitation of Liability, and Indemnification, shall survive such termination, cancellation or expiration.
2.12.2
HD InstallersSM will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control,
including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-
related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
2.12.3
You agree not to assign or otherwise transfer, this Agreement in whole or in part or obligations under it. Any attempt to do so
shall be void. We may assign all or any part of this Agreement without notice.
2.12.4
You and HD InstallersSM agree that the substantive laws of the Commonwealth of Georgia, without reference to its principles of
conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating
in any way to the subject matter of this Agreement. YOU AND HD InstallersSM CONSENT TO THE EXCLUSIVE PERSONAL
JURISDICTION OF AND VENUE IN A COURT LOCATED IN LAWRENCEVILLE, GEORGIA FOR ANY SUITS OR CAUSES OF ACTION
CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICE. Except
as otherwise required by law, including GEORGIA laws relating to consumer transactions, any cause of action or claim you may
have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim
or cause of action is barred.
2.12.4
Contractor/manufacturer is HD InstallersSM or its licensors and suppliers. The use of Software and documentation is further
restricted in accordance with the terms of this Agreement.
2.12.5
HD InstallersSM's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance
shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid,
illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the
parties.
2.12.7
This Agreement, including all Attachments and all other policies posted on the Website, which are fully incorporated into this
Agreement either by attachment or by reference, constitutes the entire agreement between you and HD InstallersSM with
respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.
Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other
documents, written or electronic, are void.
• 3.
OWNER OF THE HD InstallersSM WEBSITE AND THE HD InstallersSM BRAND.
The HD InstallersSM brand and the HD InstallersSM Website are owned and operated by TGOE LLC, and or its affiliates ("TGOE").
All references to "HD InstallersSM," the "HD InstallersSM Website," "us," "we," and "our" are references to TGOE. In some
instances, TGOE may use an authorized third party to perform the Services under the HD InstallersSM brand.
NOTICE TO CUSTOMER
(Section 7018.5—Contractor’s License Law)
IN CALIFORNIA THE LAW REQUIRES THAT, BEFORE A LICENSED CONTRACTOR CAN ENTER INTO A CONTRACT WITH YOU FOR A
WORK OF IMPROVEMENT ON YOUR PROPERTY, HE MUST GIVE YOU A COPY OF THIS NOTICE. THIS IS YOUR COPY PLEASE PRINT
IT OUT.
Under the California Mechanics’ Lien Laws, any contractor, sub-contractor, laborers, supplier, or other person or entity who help
to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property
where the work was performed or other properties and to sue you in court to obtain payment.
This means that after a court hearing, you home, business, land, and property could be sold by a court officer and the proceeds
of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s sub-
contractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as sub-contractors or material
suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who
contract with customers directly do not have to provide such notice since you are aware of their existence as an customer. A
preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file
a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, sub-contractor, supplier, or
laborers must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property.
Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of
your project.
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