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What are your terms of use for ShopNBC.com?

Question

What are your terms of use for ShopNBC.com?

Answer

Terms of Use of ShopNBC.com

YOUR USE OF ShopNBC.COM IS GOVERNED BY THESE TERMS OF USE. BY ANY MEANS, INCLUDING BUT NOT LIMITED TO WEB BROWSERS AND MOBILE DEVICES ACCESSING AND USING ShopNBC.COM, YOU AGREE THAT YOUR ACCESS TO AND USE OF ShopNBC.COM IS SUBJECT TO THESE TERMS AND CONDITIONS.

ShopNBC.com is operated by ValueVision Media, Inc. ("ShopNBC")

These Terms and Conditions May Change

ShopNBC shall have right at any time and without prior notice, at its sole discretion, to revise these terms or to impose new terms and conditions with respect to access to or use of ShopNBC.com. Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on ShopNBC.com. You are responsible for reviewing ShopNBC.com periodically for any modification to these Terms of Use. Any access or use of ShopNBC.com site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.

Prices and Orders. ShopNBC does not accept orders from outside the United States. ShopNBC does not ship products to destinations outside of the United States. ShopNBC will add shipping and handling fees and applicable sales/use tax. ShopNBC reserves the right without prior notice to discontinue or change specifications and prices on products offered on ShopNBC.com. Products displayed on ShopNBC.com are available while supplies last. Descriptions of, or references to, products on ShopNBC.com do not imply endorsement of that product or constitute a warranty, by ShopNBC. All orders for products displayed on ShopNBC.com are subject to ShopNBC's credit approval. ShopNBC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from ShopNBC. ShopNBC reserves the right to limit the order quantity on any item. In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, ShopNBC shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typo is discovered after the product has shipped, you acknowledge that you will either refuse the delivery, return the product (at ShopNBC’s expense) or you will be charged the ShopNBC price of the item as it should have been for the item(s) in question on the day of the sale and may have restrictions placed on your ShopNBC account. If your credit card has already been charged for the purchase and your order is canceled, ShopNBC shall promptly issue a credit to your credit card account in the amount of the incorrect price. Learn more about returning products or ShopNBC Protection Plan.

Content. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on ShopNBC.com, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. ShopNBC may change, delete, or update any Content at any time and without prior notice. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by ShopNBC or by third parties that have licensed their use to ShopNBC. You may view and use the Content only for your personal information and for shopping and ordering on ShopNBC.com. Except as set forth above, ShopNBC does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process any of the Content.

Termination. ShopNBC shall have the right without notice and at any time to terminate ShopNBC.com or any portion thereof, or any products offered through ShopNBC.com, or to terminate any individual's right to access or use ShopNBC.com.

Submissions. Except as otherwise expressly provided in the ShopNBC's PRIVACY STATEMENT posted on ShopNBC.com, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ShopNBC.com shall be and remain the exclusive property of ShopNBC. Your submission of any such Comments shall constitute an assignment to ShopNBC of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ShopNBC will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send ShopNBC.com any Comments that you do not wish to assign to ShopNBC.com.

Correction of Errors and Inaccuracies. The information on ShopNBC.com may contain typographical errors or inaccuracies and may not be complete or current. ShopNBC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability.

Other Businesses. Parties other than ShopNBC operate stores or sell product lines on ShopNBC.com. In addition, ShopNBC.com provides links to the websites of affiliated companies and certain other businesses. ShopNBC is not responsible for examining or evaluating, and ShopNBC does not warrant the offerings of, any of these businesses or individuals or the content of their websites. ShopNBC does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

Your Account. You are responsible for maintaining the confidentiality of your ShopNBC account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use ShopNBC.com only with involvement of a parent or guardian.

Disclaimer and Limitation as to Use of ShopNBC.com. ShopNBC.COM IS OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, ShopNBC.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, ShopNBC.COM AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE SHOPNC.COM WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES, SHALL ShopNBC.COM OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE ShopNBC.COM, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE 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.

Disclaimer and Limitation of Liability as to Products. If for any reason you are not entirely pleased with a product you purchased on ShopNBC.com, simply return the item within thirty (30) days of the date of your invoice for exchange or full refund of the purchase price. After this thirty (30) day period, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Learn more about returning products or warranties.

ALL PRODUCTS SOLD BY ShopNBC.COM ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, SHOPNBC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, ShopNBC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON ShopNBC.COM, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL ShopNBC, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT SOLD ON ShopNBC.COM. IN NO EVENT SHALL ShopNBC'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Mobile Services. The ShopNBC Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from ShopNBC ("text alerts"), and access certain other features (collectively the "Mobile Services"). Although ShopNBC does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that ShopNBC may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to ShopNBC. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages ShopNBC intends to send to you are not sent to another person who acquires your former mobile telephone number.

To discontinue "text alerts" from ShopNBC, text "VALUE STOP" to 73596. To receive help information text "VALUE HELP" to 73596 or reply "VALUE HELP" to any ShopNBC text alerts. Powered by EMS.

To discontinue "The Weekly Promotional Text Alert" from ShopNBC, text "SHOPNBC STOP" to 73596. To receive help information text "SHOPNBC HELP" to 73596 or reply "SHOPNBC HELP" to any ShopNBC text alerts. Powered by EMS.

Miscellaneous. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflicts or choice of laws principles. You agree that, in any legal action arising from or related to your use of or orders placed on ShopNBC.com or to these Terms of Use, the United States District Courts for Minnesota shall have sole and exclusive jurisdiction and venue over such action, or if that court lacks subject matter jurisdiction, the District Court of Hennepin County, Minnesota shall have sole and exclusive jurisdiction and venue over such action.

One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142 and any other patents that may issue in the future which are related to the foregoing patents.