Terms of Use and Privacy Policy

Welcome to www.hometheaterhifi.com – your use of this Website is contingent upon your acceptance of and compliance with these Terms of Use, including the Privacy Policy set forth below. These Terms of Use constitute a valid and binding agreement between Scientific Design and Information, Inc. (“SDI”) and you. If you have any questions about our Terms of Use, please call SDI at (650) 366-1644 or send an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. IF YOU DO NOT ACCEPT THESE TERMS OF USE, SDI WILL NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD EXIT THIS WEBSITE.

1. SDI’s Intellectual Property; Third Party Contributions

Expressly excluding information and other content provided by third party contributors, which are covered by the next paragraph, the Website, its content, look-and-feel and functionality and all intellectual property rights embodied therein, including but not limited to patent rights, copyrights, trademarks, trade names and service marks, are owned or licensed by SDI and/or its licensors (collectively, the “SDI Intellectual Property”). These Terms of Use do not and shall not be construed as transferring ownership rights of any description in the Website or any related SDI Intellectual Property to you or to any Website user, visitor or other third party. You will not reproduce, republish, sublicense, distribute, transfer, reverse engineer, decompile, disassemble, modify or create derivative works from any of the SDI Intellectual Property nor will you sell, resell or exploit for any commercial purpose the Website, any portion thereof or any use thereof or access thereto. SDI hereby grants you a personal, revocable, nontransferable, nonexclusive, limited right to view and use the Website solely for your internal business purposes. You may also download content from the Website for internal business purposes and for non-commercial use only; provided that such content is not modified in any way, you keep intact all copyright and other proprietary notices thereon and you include the phrase, “Used with permission of SDI” when you display or otherwise use this content in accordance with the terms hereof.

Certain information presented on or made available via this Website has been (i) provided to Secrets of Home Theater and High Fidelity and/or its owners, directors, officers, employees, contractors and website administrators solely by third party contributors who have submitted this information for publication on the Website or (ii) made available to you via third party links to and from this Website. Secrets of Home Theater and High Fidelity has not independently investigated or verified any of the information set forth herein and will not be responsible or liable for any misinformation, misprints, typographical errors or other mistakes which may appear. Further, Secrets of Home Theater and High Fidelity makes no representations, warranties, recommendations or endorsements whatsoever concerning any information provided on the Website by third parties. Secrets of Home Theater and High Fidelity will not be responsible for and expressly disclaims any and all liability for any claim, damages, injury or other loss arising out of your use of any such information for any reason.

You hereby acknowledge and agree that you will use this Website, the information presented herein or made available hereby and the services of any individual, business or resource identified or profiled herein or made available via a Website link wholly at your own discretion and at your own risk.

All of the trademarks, service marks and logos appearing on this Website are registered and unregistered trademarks of SDI and other third parties. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these marks or logos. All rights not expressly granted to you hereunder are expressly reserved and retained by SDI.

2. No Warranties; Indemnification; Limitation of Liability

YOUR USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED "AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SDI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE.

You shall indemnify, defend and hold SDI harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) (collectively, “Damages”) incurred or suffered by SDI as a result of your use of the Website, your breach of any provision of these Terms of Use and/or your acts or omissions. SDI reserves the right to report any malfeasance which comes to its attention to the appropriate authorities.

Further, you hereby release SDI and its employees, consultants, officers, directors, shareholders, agents, representatives, advisors, assigns and affiliates (collectively, the “SDI Parties”) from any and all Damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Website and/or your use thereof, excluding only Damages to the extent directly arising out of SDI’s gross negligence or misconduct. To the fullest possible extent permitted by law, you waive the provisions of any applicable state law limiting or prohibiting a general release. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY EFFECTED HIS SETTLEMENT WITH THE DEBTOR.” In no event will SDI’s total cumulative liability to you or any other party for Damages, if any, arising under these Terms of Use or otherwise exceed $100.00.

SDI cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon. Operation of the Website may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, SDI does not control the actions of other users, visitors and/or linked third parties on the Website. SDI WILL HAVE NO LIABILITY WHATSOEVER FOR THE UNAVAILABILITY OR INOPERABILITY OF THE WEBSITE CAUSED BY THE ACTS OR OMISSIONS OF ANY THIRD PARTY OR SDI. SDI WILL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS OF DATA OR TRANSACTIONS INCURRED OR SUFFERED YOU OR ANY PARTY, WHETHER RESULTING FROM DELAYS, NON-DELIVERIES, MIS-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY SDI, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR THE INTERNET INFRASTRUCTURE AND NETWORK EXTERNAL TO THE WEBSITE.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SECRETS OF HOME THEATER AND HIGH FIDELITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

3. Changes to the Terms of Use

SDI may modify the Website, the services or features offered thereon and these Terms of Use, including the Privacy Policy, at any time and from time to time by implementing the modifications and/or posting the amended Terms of Use on the Website, as applicable. All modifications will be effective upon implementation and/or posting, as applicable. You are bound by the version of these Terms of Use in effect on the date of any particular visit to the Website. SDI will use reasonable efforts to post notices of any updates to these Terms of Use on the Website.

4. Links

The Website contains links to third-party sites and SDI has no control over any such sites. Links to other sites, if any, are provided solely as a convenience; SDI neither endorses nor bears any responsibility for or control over any linked site or any other link contained therein. All statements by SDI herein pertaining to the Website do not apply in any way to any links or any linked third-party sites. Once you leave this Website, our Terms of Use, including the Privacy Policy, are no longer in effect; we encourage you to read the terms of use of each and every website which you visit. Without SDI’s express prior written consent, you may not implement a hypertext link to the Website from another site.

5. Website Integrity

You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information therefrom. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including "spam" or other such unsolicited mass emailings.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any content hereon or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content thereon, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. SDI reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any SDI server or to any of the services offered on or through the Website by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website or any other customer of SDI, including any SDI account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SDI on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any content thereon for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of SDI or others.

6. Third Party Content

At SDI’s sole option, at any time and from time to time, the Website may contain third party content, software and/or other information and any and all such third party materials are subject to and governed solely by that party’s respective Terms of Use. SDI bears no responsibility or liability for any such content or information or the acts or omissions of such third party.

7. Compliance with Laws

You must comply with all applicable laws and regulations governing your access to and your use of the Website and any features, services or software thereon, including the posting and retrieval of information and including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with SDI.

SDI will have the right, but not the obligation, in its sole discretion to refuse or delete any content, user questions and other submissions, software or other information on the Website which it considers, in its sole discretion, to violate the Terms of Use and/or to be otherwise illegal, unsafe or inappropriate. SDI, in its sole and absolute discretion, may preserve any such content, software or other information and may also disclose any such content, software or information if required to do so by law or judicial or governmental mandate or as reasonably determined necessary by SDI to protect the rights, property or personal safety of SDI, the SDI Parties (as defined in Section 2 above), its Website users and the public.

8. User Submissions

Any comments or information that you provide to SDI, including any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by SDI and you hereby grant SDI a royalty-free, perpetual, irrevocable, worldwide, sublicenseable, transferable license to use, copy, reproduce, create derivative works from, adapt, modify, exploit, publish, edit, translate, sell, distribute, transmit, transfer and display the Submissions without limitation in any media or form now known or later developed. SDI may sublicense its rights hereunder to third parties.

9. Governing Law and Jurisdiction

The Terms of Use and any and all transactions and other activities on the Website will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. The United Nations Convention on the International Sale of Goods will not govern the Website or activities or transactions thereon in any way. You hereby submit to the jurisdiction of the state and federal courts located in Alameda County, California or the Northern District of California which shall be the exclusive venue for any and all disputes or claims arising hereunder. Use of the Website is not authorized in any jurisdiction which does not give effect to these Terms of Use.

10. General

At all times, the then-current Terms of Use constitute the entire agreement between SDI and you with respect to your use of the Website, superseding any prior agreements, superseded postings of the Terms of Use and all other prior or contemporaneous communications between SDI and you. You acknowledge and agree that you may also be subject to additional terms and conditions when you use third party content, services or software via our Website. Please report any violations of these Terms of Use, any alleged copyright infringements relating to the Website or any other matters to This email address is being protected from spambots. You need JavaScript enabled to view it..

Except as otherwise required by law, you will provide any notices to SDI by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. If SDI has either an email or street address for you, SDI will provide notices to you via the email address provided during your registration or by certified mail, postage prepaid and return receipt requested, to the street address provided during registration.

PRIVACY POLICY

SDI uses reasonable efforts to protect the privacy of its Website visitors, users and registrants (for purposes of the Privacy Policy, “users”) and their respective information pursuant to the terms of this Privacy Policy which applies solely to information collected by this Website. If you feel that we are not abiding by our posted privacy policy, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

1. Information Collection

SDI collects information from our users who voluntarily elect to provide such information. SDI is the sole owner of the information collected on our Website and we do not sell, share or rent this information to others except as disclosed herein. SDI may store information itself or arrange for storage in databases maintained by SDI’s affiliates, agents or service providers. SDI retains its rights to these databases and the information contained therein.

Users in the European Union and other countries fully understand and unambiguously consent to the collection and processing of their personal information in the United States of America.

2. Tracking Information

SDI may track certain user information solely to administer our Website, track users’ respective logins and movements, including the domains from which people visit the Website, and analyze this data for trends and statistics on an aggregated basis only. This aggregated information is not linked in any way to user-identifiable information.

We may share aggregated information solely with our service providers which have agreed to be bound by this Privacy Policy. SDI will also disclose data to the extent required by law and reserves the right to transfer users’ data to a third party in the course of a sale or reorganization of SDI’S business or assets.

If, at any point, we decide to use any of our users’ personally-identifiable information in a manner other than that stated at the time of collection, we will use all commercially reasonable efforts to provide each user with the opportunity to opt out of SDI’s modified use of his/her information at that time.

Children under the age of thirteen should not provide any personal information on this Website. Under applicable law, which provides additional privacy protections for children who use the Internet, we will not retain any information provided by a user whom we know to be under 13.

If a user’s personally-identifiable information changes or if a user desires to terminate his/her registration, he/she can correct, update or remove all data provided to us via the registration information page or by emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

3. Surveys

From time to time, our Website may request contact and/or demographic information (i.e., zip code, gender, birth date or age) from its users through surveys. Participation in any such survey is completely voluntary and the user is under no obligation to participate or to disclose any information. This information will be used to monitor and/or improve the use and functionality of our Website.

4. Security

Subject to the following paragraphs, SDI takes all reasonably diligent precautions to protect each user’s information, both online and off-line. However, no Internet or email transmission is ever fully secure or error-free and, as set forth in the Terms of Use, SDI makes no warranty and assumes no liability for any such transmission or any damages incurred in connection therewith. If you have any questions about our Website security, please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

SDI cannot and does not guarantee or warrant the security and privacy of information provided by users on or through the Website. Each user discloses personal information on or through our Website wholly at his/her own risk and each acknowledges that he/she is aware of the security and privacy risks involved, including but expressly not limited to limitations of the security, privacy and authentication measures in the Website, threats of external interference such as eavesdropping, breaking passwords and hacking, and contamination by viruses.

In accordance with Section 2 of the Terms of Use, each user, on behalf of himself/herself and his/her heirs, executors, administrators, legal representatives, assigns and other successors in interest, hereby releases and discharges SDI from any and all liability or responsibility for any Damages suffered by that user arising out of or in connection with any disclosure of his/her personally-identifiable information other than as a result of SDI’S gross negligence or willful misconduct.