Terms of service

Terms and Conditions

ProofVision Inc. 3911 Concord Pike, Wilmington, Delaware, 19803, United States

1. Introduction and Acceptance of Terms

Welcome to ProofVision Inc. (“ProofVision,” “Company,” “we,” “our,” or “us”). These Terms and Conditions (“Terms,” “Agreement”) govern your access to and use of the website located at www.proofvision.com and any related subdomains, mobile interfaces, and online services (collectively, the “Site”), as well as your purchase of outdoor television products and related merchandise (the “Products”) offered by ProofVision.

By accessing or browsing the Site, creating a user account, placing an order, or otherwise using any services provided by ProofVision, you (“you,” “Customer,” or “User”) acknowledge that you have read, understood, and agree to be legally bound by these Terms, together with our Privacy Policy, Returns Policy, and Warranty Information (collectively, the “Policies”), each of which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR PURCHASE ANY PRODUCTS.

2. Eligibility

To use the Site and purchase Products, you represent and warrant that you:

  • Are at least eighteen (18) years of age and of legal age to form a binding contract in your jurisdiction;
  • Are a resident of the United States with a valid U.S. shipping address;
  • Have the legal capacity and authority to enter into this Agreement;
  • Will use the Site and Products in compliance with these Terms and all applicable federal, state, and local laws.

ProofVision reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion where eligibility cannot be verified or where we reasonably suspect a violation of these Terms.

3. User Accounts

3.1 Account Registration

You may be required to create a user account to access certain features of the Site, including order tracking, saved preferences, and expedited checkout. When creating an account, you agree to provide accurate, current, and complete information and to keep such information updated.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

  • Notify ProofVision immediately of any unauthorized access or suspected security breach;
  • Accept full responsibility for all activities that occur under your account;
  • Not share, sell, or transfer your account to any third party.

ProofVision is not liable for any loss or damage arising from your failure to safeguard your account credentials.

3.3 Account Termination

We reserve the right to suspend, deactivate, or terminate your account at any time, with or without notice, for any violation of these Terms, suspected fraudulent activity, or any conduct that we determine, in our sole discretion, to be harmful to ProofVision, its customers, or third parties.

4. Products, Orders, and Acceptance

4.1 Product Descriptions

ProofVision strives to display Product information, including descriptions, specifications, images, and pricing, as accurately as possible. However, we do not warrant that Product descriptions, colors, or other content on the Site are error-free, complete, current, or reliable. Monitor and display settings may cause color and appearance to vary from the actual Product.

4.2 Orders as Offers to Purchase

All orders placed through the Site constitute an offer to purchase Products. No order is binding on ProofVision until we accept it and issue an order confirmation email. Receipt of an order acknowledgment does not constitute acceptance of your order.

4.3 Right to Refuse or Cancel Orders

ProofVision reserves the right, in its sole discretion, to:

  • Refuse, limit, cancel, or modify any order for any reason, including but not limited to product availability, errors in pricing or Product information, suspected fraud, or violations of these Terms;
  • Limit quantities purchased per person, per household, or per order;
  • Verify any information provided prior to accepting an order.

If we cancel an order after payment has been processed, you will receive a full refund to the original payment method.

4.4 Pricing and Typographical Errors

All prices are listed in U.S. Dollars (USD) and are subject to change without notice. In the event a Product is listed at an incorrect price or with incorrect information due to a typographical, photographic, or technical error, ProofVision reserves the right to refuse or cancel any orders placed for the Product listed at the incorrect price, whether or not the order has been confirmed and your payment has been processed.

5. Payment Terms

5.1 Accepted Payment Methods

ProofVision accepts the following forms of payment:

  • Major credit cards (Visa, MasterCard, American Express, Discover);
  • PayPal;
  • Financing options through approved third-party financing partners, subject to credit approval and the terms of the applicable financing provider.

5.2 Authorization and Charging

By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and authorize ProofVision (or its third-party payment processor) to charge the full amount of your purchase, including applicable taxes and shipping fees, to that payment method.

5.3 Third-Party Financing

Financing is offered through independent third-party providers. ProofVision is not a lender and is not a party to any financing agreement between you and the financing provider. All financing terms, interest rates, fees, and repayment obligations are governed by the agreement between you and the financing provider.

5.4 Sales Tax

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and other governmental charges associated with your purchase. Sales tax, where applicable, will be calculated and added to your order total at checkout based on your shipping address.

6. Shipping and Delivery

6.1 Shipping Area

ProofVision ships exclusively within the fifty (50) United States. We do not currently ship to U.S. territories, APO/FPO addresses, P.O. Boxes, freight forwarders, or international destinations.

6.2 Carriers and Delivery Timeframe

Orders are shipped via FedEx and select partner carriers. Standard delivery is estimated at three (3) to five (5) business days from the date of shipment, not including order processing time. Delivery timeframes are estimates only and are not guaranteed. ProofVision is not liable for delays caused by carriers, weather, natural disasters, customs, or other events beyond our reasonable control.

6.3 Large-Item and Freight Shipping

Certain large-screen or oversized outdoor televisions may ship via freight carrier and require a scheduled delivery appointment, curbside delivery, or signature upon receipt. Additional handling fees may apply and will be disclosed at checkout.

6.4 Risk of Loss and Title

Title to Products and all risk of loss or damage pass to you upon delivery of the Products to the common carrier at our shipping facility. You are responsible for inspecting all Products upon delivery and reporting any visible shipping damage or missing items to ProofVision and the carrier within forty-eight (48) hours of delivery.

6.5 Undeliverable Shipments and Refused Deliveries

If a shipment is returned to ProofVision due to an incorrect address, refusal of delivery, or failure to schedule freight delivery, the Customer may be responsible for return shipping charges and a restocking fee as outlined in our Returns Policy.

7. Returns, Refunds, and Exchanges

Returns, refunds, and exchanges are governed by our separate Returns Policy, which is incorporated by reference into these Terms.

In summary and without limiting the full Returns Policy:

  • Return requests must be initiated within the timeframe specified in the Returns Policy;
  • Products must be returned in their original condition and packaging;
  • Restocking fees, return shipping charges, and other conditions may apply, particularly for large-screen or opened Products;
  • Certain Products may be non-returnable.

Please review the full Returns Policy before initiating a return.

8. Warranty

8.1 Limited Manufacturer Warranty

All Products are covered by a limited manufacturer’s warranty, the full terms of which are available on our separate Warranty Information page, incorporated herein by reference. The warranty generally covers defects in materials and workmanship under normal use for a specified period from the date of purchase.

8.2 Weather Resistance and Outdoor Use

ProofVision outdoor televisions are engineered to be weather-resistant, not weatherproof. While designed to withstand typical outdoor environmental exposure within their rated conditions (as specified in each Product’s manual), they are not immune to extreme weather events, including but not limited to lightning strikes, flooding, hurricanes, excessive direct sunlight beyond rated operating temperatures, salt spray (unless specifically rated for marine environments), heavy ice accumulation, or prolonged submersion.

8.3 Warranty Conditions

Warranty coverage is expressly contingent upon:

  • Proper installation in accordance with the Product’s installation manual and specifications;
  • Use of the Product within its designated environmental rating (e.g., full sun, partial sun, or full shade models);
  • Use of authorized mounting hardware and accessories;
  • Compliance with all usage instructions and safety warnings;
  • Absence of unauthorized modifications, repairs, or service.

8.4 Warranty Exclusions

The warranty does not cover damage resulting from misuse, abuse, improper installation, unauthorized repairs, accidents, normal wear and tear, cosmetic damage, power surges, lightning, flooding, acts of God, or installation in an environment exceeding the Product’s rated specifications. Please refer to the full Warranty Information page for complete details, claim procedures, and exclusions.

8.5 DISCLAIMER OF OTHER WARRANTIES

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY PROVIDED IN THE WARRANTY INFORMATION PAGE, THE SITE, PRODUCTS, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROOFVISION DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PROOFVISION DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Installation

ProofVision does not provide installation services. Customers are solely responsible for the proper installation of all Products, including but not limited to:

  • Selecting an appropriate installation location consistent with the Product’s environmental rating;
  • Using appropriate mounts, brackets, cables, and weatherproof enclosures;
  • Ensuring proper electrical grounding, surge protection, and code-compliant wiring;
  • Engaging a licensed and qualified professional installer where required by local code or recommended by the manufacturer.

Improper installation may void your warranty and create a safety hazard. ProofVision strongly recommends professional installation by a qualified electrician or AV technician. ProofVision is not liable for any damage, injury, or loss resulting from installation performed by the Customer or a third party.

10. Intellectual Property

10.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, icons, images, photographs, videos, audio clips, digital downloads, data compilations, product designs, and software (collectively, the “Content”), is the property of ProofVision or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

10.2 Limited License

ProofVision grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for personal, non-commercial purposes consistent with these Terms.

10.3 Trademarks

“ProofVision” and all associated logos, product names, and slogans are trademarks or registered trademarks of ProofVision Inc. You may not use any such trademarks without our prior written consent. All other trademarks, service marks, and trade names appearing on the Site are the property of their respective owners.

10.4 Restrictions

You may not reproduce, duplicate, copy, modify, distribute, publicly display, publicly perform, create derivative works from, sell, license, or otherwise exploit any Content without the express prior written consent of ProofVision.

11. Acceptable Use and Prohibited Activities

You agree not to use the Site, your account, or any Products in any manner that:

  • Violates any applicable federal, state, local, or international law or regulation;
  • Infringes upon the intellectual property, privacy, or other rights of ProofVision or any third party;
  • Involves the transmission of unsolicited commercial communications (spam), viruses, malware, or other harmful code;
  • Attempts to gain unauthorized access to the Site, other users’ accounts, servers, or networks;
  • Uses automated means (bots, scrapers, crawlers) to access, collect, or harvest data from the Site without prior written consent;
  • Engages in fraudulent activity, including the use of stolen payment information or false identities;
  • Interferes with or disrupts the Site or any associated servers or networks;
  • Resells Products or uses the Site for commercial purposes without our prior written authorization.

Violations may result in account termination, order cancellation, civil liability, and referral to law enforcement.

12. User-Generated Content

If you submit reviews, comments, feedback, suggestions, photographs, or other content (collectively, “User Content”) to the Site, you grant ProofVision a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, for any purpose, including marketing and promotional use.

You represent and warrant that: - You own or have the necessary rights to submit the User Content; - The User Content does not infringe any third-party rights; - The User Content is not false, misleading, defamatory, obscene, or otherwise objectionable.

ProofVision reserves the right, but not the obligation, to monitor, edit, remove, or refuse any User Content at its sole discretion.

13. Privacy and Data Collection

ProofVision collects and processes personal information in connection with your use of the Site and account, including for marketing purposes, as described in our separate Privacy Policy, which is incorporated herein by reference.

By using the Site or creating an account, you acknowledge and consent to the collection, use, and disclosure of your personal information as set forth in the Privacy Policy. Our Privacy Policy describes:

  • The categories of information we collect;
  • How we use and share such information, including for marketing and analytics;
  • Your rights with respect to your personal information;
  • How we comply with applicable privacy laws, including the Delaware Online Privacy and Protection Act (DOPPA) and other state privacy laws.

You may manage your marketing communication preferences at any time through your account settings or by following the unsubscribe instructions in any marketing email.

14. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content not owned or controlled by ProofVision. We are not responsible for the content, privacy practices, or policies of any third-party websites or services. Your interactions with third parties (including financing providers, carriers, and payment processors) are governed solely by the terms and policies of those third parties.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROOFVISION, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SITE, THE PRODUCTS, OR ANY RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROOFVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROOFVISION’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT PURCHASED THROUGH THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PROOFVISION FOR THE SPECIFIC PRODUCT OR ORDER GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless ProofVision, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms or any applicable law;
  • Your use or misuse of the Site or Products;
  • Your improper installation or use of any Product;
  • Your infringement of any intellectual property or other rights of any third party;
  • Any User Content you submit.

ProofVision reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.

17. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms, the Site, or any Products shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to the dispute resolution provisions in Section 18, you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New Castle County, Delaware, for the resolution of any dispute not subject to arbitration.

18. Dispute Resolution; Arbitration; Class Action Waiver

18.1 Informal Dispute Resolution

Before filing any claim, you agree to first contact ProofVision at customerservice@proofvision.com and attempt in good faith to resolve the dispute informally for a period of at least sixty (60) days.

18.2 Binding Arbitration

Except as otherwise required by law, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”) that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, in Wilmington, Delaware, or via remote/telephonic proceedings where permitted. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

YOU AND PROOFVISION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

18.4 Exceptions

Nothing in this Section precludes either party from seeking injunctive or equitable relief in a court of competent jurisdiction for intellectual property infringement or unauthorized access to the Site, or from bringing a claim in small-claims court where jurisdictionally appropriate.

18.5 Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice of your decision to opt out to legal@proofvision.com within thirty (30) days after first becoming subject to these Terms.

19. Force Majeure

ProofVision shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, labor disputes, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, carrier delays, supply chain disruptions, or governmental actions.

20. Modifications to the Terms

ProofVision reserves the right, in its sole discretion, to modify, amend, or revise these Terms at any time. The most current version will always be posted on the Site with the “Last Updated” date. Material changes will be communicated through a conspicuous notice on the Site or via email to registered account holders where appropriate.

Your continued use of the Site or purchase of Products after any modifications constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and close your account.

21. Severability

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to render it enforceable while preserving the parties’ original intent.

22. Waiver

No waiver by ProofVision of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by ProofVision to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

23. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of ProofVision. ProofVision may assign these Terms at any time, including in connection with a merger, acquisition, reorganization, or sale of assets, without notice to you.

24. Entire Agreement

These Terms, together with the Privacy Policy, Returns Policy, Warranty Information, and any order confirmations, constitute the entire agreement between you and ProofVision with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

25. Electronic Communications and Consent

By creating an account or placing an order, you consent to receive communications from ProofVision electronically, including via email, SMS (where opted in), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

26. Contact Information

For questions, concerns, or notices regarding these Terms, please contact:

ProofVision Inc. 3911 Concord Pike Wilmington, Delaware 19803 United States

Email: customerservice@proofvision.com Website: www.proofvision.com

By using the ProofVision Site or purchasing Products, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.