Terms and Conditions

Terms & Conditions for Access & Use of Desert Home Theater Website

Welcome to the DHT website, https://deserthometheater.com/

(including when applicable the mobile website) referred to in these Terms & Conditions for Access & Use of Desert Home Theater website. All access to and use of the DHT applications, or other services associated with DHT on which these terms reside, and the features at the DHT website, are subject to these Terms & Conditions for Access & Use (the “Terms”). In addition, when you use any of our services relating to the DHT, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these Terms by this reference. 

ACCESSING, BROWSING OR OTHERWISE USING THE DHT SITE INDICATES YOUR AGREEMENT TO EVERYTHING SETFORTH IN THESE TERMS, SO PLEASE READ THIS CAREFULLY BEFORE PROCEEDING.

From time to time we may update the DHT website and these Terms. Your use of the DHT website after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. DHT may, in its sole discretion, and at any time, discontinue the DHT website or any part thereof, with or without notice, or may prevent your use of the DHT website with or without notice to you. You agree that you do not have any rights in the DHT website and that DHT will have no liability to you if the DHT website is discontinued or your ability to access the DHT website or any content you may have posted on the DHT website is terminated.

By accessing or linking to the DHT website you assume the risk that the information on the DHT website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included in the DHT website at any time, without notice and without liability.
All information provided on the DHT website is subject to change without notice. Due to the open nature of the DHT website and the potential for errors in the storage and transmission of digital information, DHT website does not warrant the accuracy of information obtained from the DHT website.

Access and Use of the DHT website. The Terms do not alter in any way the terms or conditions of any other agreement you may have with DHT, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the DHT website on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to indemnify you and DHT for its violations of these Terms.

By accessing and using the DHT website you agree: you will not use any electronic communication feature of the DHT website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

You will not collect or store personal data about other users.

You will not upload, post, email, or otherwise transmit on interactive features intended for the general public, any advertising or promotional materials, or any other form of solicitation or unauthorized communication.

You are bound by these Terms, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of the state of Arizona laws.

DHT content on the DHT website that is provided by DHT or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“DHT Content”) is the property of DHT and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any DHT Content located on the DHT website for use in any publications, in public performances, on websites other than the DHT website for any unpermitted commercial purpose, in connection with products or services that are not those of DHT, in any other manner that is likely to cause confusion, that disparages or discredits DHT and/or its licensors, that dilutes the strength of DHT’s or its licensor's intellectual property, or that otherwise infringes DHT’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). 

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us immediately using the contact information provided at the end of these Terms. We will take immediate appropriate action.

Posting Policy

From time to time on certain areas of the DHT website you may be able to submit reviews and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by DHT, that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of DHT or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the DHT website or feature of the DHT website. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to the DHT website or features therein. DHT may cancel your account and delete all User Content associated with your account at any time, and without notice, if DHT deems that you have violated these Terms, the law, or for any other reason. DHT assumes no liability for any information removed from our DHT website and reserves the right to permanently restrict access to the DHT website or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the DHT website, you hereby grant to DHT a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the DHT website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to DHT or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) DHT receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that DHT’s review of the Ideas is not an admission of novelty, priority or originality; and (b) DHT’s use of any similar Ideas, whether based on your User Content, provided to DHT by third parties, or independently developed or considered by DHT, shall be without obligation to you.

DHT does not warrant the accuracy of information obtained from the DHT website. DHT does not endorse, verify, evaluate or guarantee the accuracy or reliability of the information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.

All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

We attempt to be as accurate as possible and eliminate errors on the DHT website, however, there may be errors, and we do not warrant that all product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the DHT website, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

Sometimes we will not know in advance that product is unavailable, and some items may be backordered or unavailable even if the DHT website indicates that they are in-stock. Adding an item to your cart does not guarantee the availability of that item. If the backordered item is no longer available, we will cancel the item from your order and notify you, usually via e-mail or by telephone.

You agree that all of your transactions with or through the DHT website may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.

When we ship to you or per your directions, you agree to pay the shipping and any handling charges set forth in our Shipping Policy when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the DHT website are estimates only – actual delivery dates may vary. You agree that you will not export purchased product outside of the approved territory.

Only valid credit cards or other payment method acceptable to us may be used and all refunds will be credited to the same card or, in our discretion, other credit method. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the DHT website) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled. Regarding "Your Account," you agree to keep all payment cards or other payment method information current and that we may submit charges for processing even if the card has expired or changed by the time we submit it. You must resolve any problem we encounter in order to proceed with your order.

Manufacturers of products may provide other warranties, and you agree that your remedy for any defects in such products will be based solely on the warranty(s), if any, provided by those manufacturers. Products eligible for warranty return may be returned in accordance with DHT’s returns and exchanges policy. This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale and in accordance with your account Terms & Conditions established when you set up your account with DHT.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

Indemnification

You agree to indemnify and hold DHT, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to DHT or the DHT website.

Representations and Limitations of Liability
DHT makes no representations about the reliability of the features of the DHT website, the Content, User Content, or any other DHT website feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. DHT makes no representations regarding the amount of time that any Content or User Content will be preserved.

DHT does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by DHT without the prior review and written approval of DHT.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DHT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL DHT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND DHT’s REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL DHT OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF DHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

Miscellaneous

These Terms will be governed by and construed in accordance with the laws of the State of Arizona without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Maricopa County, Arizona. These Terms operate to the fullest extent permissible by law. Accessing materials on the DHT website by certain persons in certain countries may not be lawful, and DHT makes no representation that materials on the DHT website are appropriate or available for use in locations outside the United States. If you choose to access the DHT website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

On certain areas of our DHT website, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices, which Policy applies to information you submit on the DHT website and you hereby agree to the terms of that Policy.

If DHT fails to act with respect to your breach or anyone else's breach on any occasion, DHT is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and DHT, and is accepted by you upon your use of the DHT website. These Terms constitute the entire agreement between you and DHT regarding the use of the DHT website. By using the DHT website you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

Our Address

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the DHT website to:
Desert Home Theater c/o DHT website. 2963 East Saltsage drive, Phoenix, AZ 85048

Have questions? The DHT Customer Service Team is happy to help!

Call 480-516-2990 or Email us at sales@deserthometheather.com

Revised  01/19/2022