TERMS AND CONDITIONS

Dated: 17^th March, 2025

Welcome to NearTvMounting.com,

These following terms and conditions ("terms") constitute a legally binding agreement (the “agreement”) between you (hereinafter referred to as “you”, “yours”, “user” or “visitor”) and NearTvMounting.com, a website having URL https://neartvmounting.com/ (hereinafter referred to as “we” “our” or “us” or “NearTvMounting.com”) being owned, controlled and managed by the Near Tv Mounting LLC having a registered office at Anaheim, California, USA.

By visiting, accessing or using our website or services that reference these terms, you acknowledge and agree to be bound by these terms and our policies especially privacy policy. These terms establish a legally binding agreement between you and NearTvMounting.com concerning the purchase of services through the website. Please review these terms carefully before making any purchases, as they contain important information regarding your rights and obligations. These terms outline the framework governing our relationship, including our obligations in providing services, the rights and responsibilities of both parties, procedures for modifying or terminating the contract, and the resolution of any issues that may arise.

We reserve the right to change, amend or modify these terms periodically by posting an updated version on our website or sending notification via email. Your continued use of the website or our services following any revisions constitutes your acceptance of the updated terms. By placing an order or using our services, you confirm that you have read, understood, and agreed to these terms in their entirety and you accept the obligations imposed herein. If you do not agree with any provision of these terms, you must refrain from using website or ordering services from this website.

1. SERVICES

NearTvMounting.com provides professional TV installation services throughout California, United States, ensuring secure and high-quality mounting solutions according to the customer needs. We specialize in mounting TVs on all types of walls, including drywall, brick and concrete and above fireplaces, ensuring stability and safety in every setup. Additionally, we offer TV dismounting and remounting services, accommodating customers who wish to relocate or adjust their existing TV installation. While we take every precaution to deliver secure and professional installations, the structural integrity and suitability of the mounting location remain the customer’s responsibility. We encourage customers to ensure that their chosen installation surface is suitable for supporting the mounted TV.

For any inquiries, support or service requests, customers can reach out to us at Support@neartvmounting.com.

2. PRICING AND PAYMENT

The price of the services will be as stated on the order page at the time you place your order. We take reasonable measures to ensure that the prices displayed are accurate. However, pricing errors may occasionally occur. Before accepting your order, we will typically verify the price.

If the correct price of the service on the order date is lower than the stated price, we will charge the lower amount.
If the correct price is higher than the price displayed at the time of your order, we will contact you for further instructions before proceeding with your order.

You may pay for your services using a credit card, debit card, or any other payment method that we make available at the time of purchase.

If you choose to purchase any services through our website, you may be required to provide specific information related to your purchase, including but not limited to payment details and other relevant personal information. Any information you provide will be handled in accordance with our Privacy Policy. You must ensure that all information submitted to us or our third-party payment processor is accurate, current, and complete.

By initiating a transaction, you represent and warrant that you have the legal right to use any payment method, including credit or debit cards that you provide for the transaction. You agree to pay all charges incurred by you or any authorized users of your account at the prices in effect at the time of purchase. Additionally, you are responsible for any applicable taxes related to your order. We may require verification of the information provided before accepting and processing your order.

3. COMMENCEMENT AND TERMINATION

This Agreement will commence and become effective immediately upon your availing of our services by placing an order directly through our platform.

Both the parties reserve the right to terminate this agreement upon seven (7) days prior written notice to the other party upon the other party’s material breach of this agreement.

In addition, NearTvMounting.com.com may, at any time, terminate this Agreement immediately in the event that:

you no longer qualify to accept services under applicable law, rule, permit, ordinance or regulation;
you are found minor or under 18 years of age during our internal inquiry or investigation,
your violation or breach of any representation, warranty, covenant contained in the terms of this agreement; and
For any reason essential to protect the safety of the website community or third party’s rights.

4. USER’S RESPONSIBILITIES AND OBLIGATIONS

4.1 User responsibilities

While using this NearTvMounting.com, you consent to comply with the following acceptable term of use and submit that;

You will provide true, accurate, complete and updated personal information while registration and refrain from submitting fake, misleading, untrue and/or inaccurate information,
You will not become a part or in any way promote any kind of illegal activity including by way of hacking, drug taking, self-harm, human trafficking, terrorism, cracking or distribution of counterfeit software while using com,
You will not infringe third-party rights such as copyright, trademark, trade secret or any other personal or proprietary rights;
You will not personify yourself as another person to infringe the identity of other people;
You are not allowed to contact the users or visitors privately with offers or suggestions or behave abusively,

We reserve the right to cancel, suspend or restrict user access to the site or terminate the account without warning if we find that the user is deliberately violating these terms.

4.2 Restrictions
We may at any time restrict, limit, suspend or terminate the services provided by this site (whether paid or unpaid) or delete user’s account if we suspect, find or believe in an investigation that;

you are not up to the legal age of 18 years or otherwise not having the capacity to enter into an this agreement,
You are involved in activity harmful or threatening to the platform,
If you deliberately and without any sufficient reason damage the reputation or goodwill of the platform or attempt to damage the reputation or goodwill of this platform,
If you defame or use abusive language to our agents, employees and customers.
You are spreading defamatory or libelous material by using this site.
If you intentionally violate or breach any term of this website or attempt to violate the same,
Any action which is deemed essential for the protection or safety of our community or third party’s rights.

5. THIRD-PARTY LINKS

NearTvMounting.com may includes or contains links of third party (“Third-Party”) including but not limited to, text, graphics, pictures, designs, music, sound, videos, articles and other content belonging to third-party that are not controlled, managed or maintained, investigated or monitored or checked by NearTvMounting.com. You agree that NearTvMounting.com shall not be held liable or responsible for any third-party link or its content including accuracy, offensiveness, contents, opinions, reliability, or policies contained therein. We suggest you to read their policies first before using or availing of services as we do not endorse their content. If you use or install any third-party website linked with us, you do so at your own risk.

6. INTELLECTUAL PROPERTY RIGHTS

All content, materials, and intellectual property displayed on or made available through NearTVMounting.com (the “Website”), including but not limited to patents, trademarks, designs, copyright text, graphics, logos, images, videos, software and any other proprietary content (collectively, the "Intellectual Property"), are owned by NearTVMounting.com or its licensors and are protected by applicable intellectual property laws, including copyright, trademark, and other proprietary rights.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, transmit, publicly display, perform, or create derivative works from any Intellectual Property without prior written consent from NearTVMounting.com or the respective rights holder. If we suspect or find any violation or infringement of intellectual property rights of the website or anyone else by any user, we may remove or disable the user’s account.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

All content or services on this site are provided on an "as it is" and "as available" basis, without any assurance or warranty of any kind, either express or implied, with respect to quality, fitness, merchantability, completeness, reliability for a particular purpose, non-infringement, compatibility, security, accuracy, indirect or consequential loss or corruption of your data, and those arising by statute or otherwise in Israel laws. NearTvMounting.com or its affiliates, associates, directors or agents will have no liability, contingent or otherwise, for any indirect, special, incidental, consequential, punitive, statutory or exemplary damages arising out of or relating to this agreement, warranty or tort or any other theory of liability or which arises out of or is in any way connected with (i) any usage of this site or content available on the site, (ii) any failure, interruption, delay or inability to use any portion of this site, or (iii) the performance or non-performance by site or any third-party service providers or distributors, or ( iv) any claim arising due to any damage or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site and (v) claim arising due to defamatory, offensive, or illegal conduct of other users or third parties.

If, notwithstanding the foregoing, we, our affiliates or any third party service provider or distributor are found liable for any loss or damage, the liability of NearTvMounting.com and the third party providers and distributors shall be limited to the termination of the agreement and shall in no event exceed $100 us dollars.

8. INDEMNITY AND WARRANTY

As a user or visitor, you agree that you will defend, indemnify, and hold harmless NearTvMounting.com and its affiliates, subsidiaries, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders from any claims, actions, suits, liabilities, penalties, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the site or acquiring its services, including but not limited to;

Your violation of the terms and conditions of this agreement or
Your infringement of any intellectual property rights of a third party; or
Your violation of any policies of NearTvMounting.com; or
Your submission of incorrect, wrong, unauthorized information by you or any other person authorized or deemed to be authorized to act on your behalf; and
Your commission of any other illegal, unlawful or restricted activity in connection with the Services.

9. MODIFICATION TO THE TERMS

NearTvMounting.com holds the discretionary right to make changes, alterations, amendments or modifications whether temporarily or permanently relating to (i) the whole or any of the terms/ provisions of this agreement, (ii) any features, functions or benefits or (iii) any policies related to the website or (iv) the fees and costs relating to our services and (e) any others services provided by this platform at any time with or without prior notice. Such amended agreement shall be binding on you upon your acceptance of the revised agreement. In case of material changes in terms, we will notify you via email or website notification. You are advised to regularly review our website for any updates relating to this agreement.

10. BLOCKING OF IP ADDRESSES

You admit that in order to protect or secure the integrity or goodwill of the website, NearTvMounting.com may at any time block users from certain IP addresses or computers from accessing the website.

11. PRIVACY POLICY

By using or accessing this website, you agree and acknowledge that you have read and agreed to our Privacy Policy in addition to these Terms. We reserve the right to update or modify the Privacy Policy at any time, with the latest version accessible through a link on the Website. If you do not agree with any part of the Privacy Policy, you must discontinue use of the Platform immediately. Your continued use of the Platform constitutes acceptance of the most recent version of the Privacy Policy and these Terms as published on the Website.

12. NOTICES

Any notices or other communications permitted or required hereunder will be in writing and intimated to you by NearTvMounting.com;

via e-mail to the mailing address that you provide while registration, or
by website notification.

For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.

13. FEEDBACK

NearTvMounting.com always welcome, admire and encourage you to provide feedback and suggestions for the Services (“Feedback”). You may submit Feedback by emailing us, at Support@neartvmounting.com. You agree and admit that all Feedback you give us will be treated as non-confidential and will be the sole and exclusive property of NearTvMounting.com. You acknowledge that your Feedback may be used by NearTvMounting.com or its affiliates for any purpose, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to NearTvMounting.com all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The parties agree that any disputes or claims arising out of or in connection with this Agreement shall be exclusively resolved in the state or federal courts located in California. In any action or proceeding to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

15. GENERAL TERMS

Entire agreement these terms constitute the entire agreement between com and you and expressly replace, override and terminate all prior agreements and understandings whether written or oral, express or implied, relating to the subject matter governing their relationship.
Headings Paragraphs headings used in this agreement are only for convenience and are not intended to limit or define the scope or interpretation of this agreement.
Severability if any portion, or provision of this agreement is declared to be invalid, unlawful, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over this agreement, the remaining provision shall continue to be valid and enforceable.
Force majeure com shall not be held responsible for any delay or failure to perform all or any part of its obligations under this agreement if such failure or delay is directly or indirectly caused by the factors reasonably beyond the control of NearTvMounting.com, including, without limitation such as acts of god, fog, embargo, fire, flood, storms, earthquake, the act of a public enemy, pandemic, strike or other labor dispute, acts of terrorism, government requirement, or civil or military authority.

16. CONTACT US

If you have any questions regarding the terms and conditions of this website or want to get further information regarding use of the Site, please contact us at;

Email: Support@neartvmounting.com.
Phone: +16575270296