LINDELLTV.COM TERMS AND CONDITIONS
(Revised September 22, 2021)
All Product Prices are in U.S. Currency.
These Terms & Conditions apply to the website LindellTV.com, including all subordinate webpages and related items (collectively, the “LTV Site”).
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
BY ACCESSING OR OTHERWISE USING THE LTV SITE, YOU AGREE TO THESE TERMS & CONDITIONS. By using this LTV Site, and/or by clicking “I Agree” or taking any similar action upon creating an account, you represent that you are of the age of majority where you live. If you are not of the age of majority, you must only use this LTV Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this LTV Site by the minor, and you are fully responsible for the minor’s use of this LTV Site, including all financial charges and legal liability that he or she may incur. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the LTV Site. All references to “you” or similar terms mean you, the individual accessing or using the LTV Site, as well as any other person or entity on whose behalf you are using this LTV Site and/or who may have rights through you.
You acknowledge and agree that your account is personal to you and agree not to provide any other person with access to this LTV Site or portions of it using your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account credentials or any other security breach. We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
No Refunds. No Returns.
All sales through the LTV Site are final and non-returnable. WE OFFER NO REFUNDS ON ANY PRODUCTS OFFERED ON THE LTV SITE. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
If you purchase any items from the LTV Site, you represent and warrant that you are buying those items for your own personal or household use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you, including the recipient of any items you purchase through the LTV Site. Additional terms and conditions may also apply to specific portions, services, or features of the LTV Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
Shipping And Handling Method
At LindellTV.com’s option, all orders will be processed and will be shipped via DHL, USPS, or FedEx, depending upon the location and size of the order.
Availability, Errors, and Limitations on Quantities. Updates and Changes.
LindellTV.com’s acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Some items on the LTV Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the LTV Site and in our advertising on other sites. The actual color of an item may not be the same as it appears on your screen/computer. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. LindellTV.com reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. As part of our shipping procedures, we verify the availability and the price before an item is shipped.
We may also add or remove goods or services sold on this LTV Site at any time, with or without notice. We may add or discontinue any and all features, sections, or functions on this LTV Site at any time or may discontinue this LTV Site in whole or in part at any time. We are not liable for any unavailability of all or any portion of this LTV Site or any time.
LindellTV.com does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. LindellTV.com reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or individual that purchases goods to sell them rather than use them.
Intellectual Property Rights
The LTV Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or by others such as sellers or users, and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our LTV Site, except as temporarily stored by your computer or cached by your web browser as a result of your access and viewing of the LTV Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the LTV Site in breach of the Terms, your right to use the LTV Site will cease immediately. No right, title, or interest in or to the LTV Site or any content on the LTV Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the LTV Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Disclaimers of Warranties
LindellTV.com cannot and does not represent or warrant that the LTV Site or its server will be error-free, uninterrupted, free from unauthorized access (including denial of service attacks), or otherwise meet your requirements.
THE LTV SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LTV SITE (COLLECTIVELY, THE “LTV SITE CONTENTS”) ARE PROVIDED BY LINDELLTV.COM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LINDELLTV.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LTV SITE, THE ACCURACY OR COMPLETENESS OF THE LTV SITE CONTENTS, OR THAT EMAILS SENT FROM LINDELLTV.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE LTV SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, LINDELLTV.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE LTV SITE AND THE LTV SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THE PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
The LTV Site is controlled and operated by LindellTV.com from the State of Minnesota, United States, and is not intended to subject LindellTV.com to the laws or jurisdiction of any state, country, or territory other than that of Minnesota, United States. LindellTV.com does not represent or warrant that the LTV Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the LTV Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
Links from the Website
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this LTV Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the website is based in the State of Minnesota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the LTV Site or any of its content is accessible or appropriate outside of the United States. Access to the LTV Site may not be legal by certain persons or in certain countries. If you access the LTV Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL LINDELLTV.COM OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE AND/OR (B) ANY GOODS SOLD OR PURCHASED FROM THE LTV SITE, OR THEIR SUITABILITY OR USE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF LINDELLTV.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE LTV SITE, ANY CONTENT ON THE LTV SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE, AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LTV SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LTV SITE, THAT YOUR USE OF THE LTV SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND LINDELLTV.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINDELLTV.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF THE ABOVE LIMITATION OF LIABILITY OR ANY PORTION THEREOF IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LINDELLTV.COM FOR DAMAGES OF ANY NATURE SUFFERED BY YOU SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF YOUR TRANSACTION. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.
YOU AND LINDELLTV.COM AGREE THAT IN THE EVENT OF ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) FOR WHICH LINDELLTV.COM ITSELF IS RESPONSIBLE, ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE LTV SITE, THE PURCHASE OF PRODUCTS FROM LINDELLTV.COM, OR THE BREACH, ENFORCEMENT, INTERPRETATION, OR VALIDITY OF THESE TERMS & CONDITIONS (“CLAIM”), SUCH CLAIM WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS & CONDITIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT AND USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS, BUT ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. NOTWITHSTANDING THE FOREGOING: (I) IN LIEU OF ARBITRATION, EITHER YOU OR LINDELLTV.COM CAN BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IN THE STATE OF MINNESOTA, UNITED STATES OF AMERICA CONSISTENT WITH ANY APPLICABLE JURISDICTIONAL AND MONETARY LIMITS THAT MAY APPLY, PROVIDED THAT IT IS BROUGHT AND MAINTAINED AS AN INDIVIDUAL CLAIM; AND (II) YOU AGREE THAT YOU OR LINDELLTV.COM MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If you intend to assert a Claim, you must first send written notice (“Notice”), by first-class or certified mail, to LindellTV.com, attention Legal Department, 343 East 82nd Street, Suite 100, Chaska, MN 55318. If LindellTV.com intends to assert a Claim, LindellTV.com will send Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within thirty (30) days from the receipt of the Notice, either party may initiate arbitration proceedings. A form to initiate arbitration proceedings is available on the American Arbitration Association (AAA) site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to LindellTV.com, attention Legal Department, 343 East 82nd Street, Suite 100, Chaska, MN 55318, and LindellTV.com will send such copy to the current billing address on your account.
The arbitration will be conducted under the then-current rules of the AAA and conducted in English. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If your claim is for $10,000 (U.S. Dollars) or less, you may choose to have the arbitration conducted solely on the basis of documents submitted to the arbitrator via a telephone hearing or as otherwise mutually agreed to by the parties.
For claims of $25,000 (U.S. Dollars) or less, LindellTV.com will pay all filing, administration, and arbitrator fees (collectively, “Filing Fees”) unless the arbitrator determines that your claim is frivolous. In the event that an arbitrator determines that your claim is frivolous, you must reimburse LindellTV.com for all fees associated with the arbitration paid by LindellTV.com on your behalf that you would have otherwise been obligated to pay in accordance with the rules of the AAA. For claims over $25,000 (U.S. Dollars), you will be responsible for the Filing Fees.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE LTV SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THE PURCHASE OF PRODUCTS FROM LINDELLTV.COM AND/OR THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE FEDERAL ARBITRATION ACT (FAA), THE APPLICABLE LAWS OF THE UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO MINNESOTA’S CHOICE OF LAW PRINCIPLES. UNLESS YOU AND LINDELLTV.COM AGREE OTHERWISE, IN THE EVENT THAT IT IS DETERMINED OR THESE TERMS & CONDITIONS PROVIDE THAT A CLAIM SHOULD NOT PROCEED THROUGH ARBITRATION, YOU AGREE THAT ANY CLAIM OR DISPUTE (WITH THE EXCEPTION OF A CLAIM OR DISPUTE APPROPRIATELY LODGED IN ANY SMALL CLAIMS COURT IN THE UNITED STATES OF AMERICA) SHALL BE RESOLVED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA FOR ANY SUCH CLAIM, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF MINNESOTA LOCATED IN HENNEPIN COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. YOU AND LINDELLTV.COM BOTH WAIVE YOUR RIGHT TO A JURY TRIAL, UNLESS SUCH WAIVER IS UNENFORCEABLE.
THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE LTV SITE, THE PURCHASE OF PRODUCTS FROM LINDELLTV.COM AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS DISPUTES SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND, (2) EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
As a condition of the use of the LTV Site, you agree to defend, indemnify, and hold harmless LindellTV.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you, and/or any other wrongful or tortious conduct by you on or related to this LTV Site.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and LindellTV.com with respect to the LTV Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the LTV Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Contacting Customer Service
If you have any questions regarding refunds, billing, or future orders, please contact our customer service department. Please be advised that all calls to or from our customer service or sales departments are recorded for quality and training purposes, and by calling or accepting a call from us, you consent to such recording