Terms and Conditions

This Terms of Service (the “Terms”) is a binding agreement between you(“End User” or “you”) and Clear ProAV, Inc. (“Clear ProAV,” "we,""us" and "our”). These Terms refer to this website utilized by Clear ProAV and all services and information available thereon, here after collectively referred to as the “Site.” Although parts of these Terms may refer to other services provided by individuals or entities who partner with ClearProAV, these Terms are only between you and Clear ProAV, and not with any other entity or service. Use of this Site is licensed and not sold to you.

By using this Site, you (a) agree to these Terms, (b) acknowledge that you have read and understand these Terms, (c) represent that you are of legal age to enter into a binding agreement, and (d) accept these Terms and agree that you are legally bound by these Terms and Clear ProAV’s Privacy Policy (the“Privacy Policy”). If you do not agree to these Terms, then you are not allowed to use the Site and should immediately terminate such usage.

1. General Usage

License Grant. Subject to these Terms, Clear ProAV grants you a limited, non-exclusive, and nontransferable license to use the Site for your personal, non-commercial use on devices owned or otherwise controlled by you strictly in accordance with these Terms.

Acceptable Use. The Site and our services may be used only within the scope of what they are provided for, under these Terms and applicable law. End Users are solely responsible for ensuring that their use of the Site or our services violates no applicable law, regulations or third-party rights. You agree not to misuse the Site or our services or help anyone else to do so. For example, you must not do, or even attempt to do, or facilitate or aid any third-party in doing any of the following in connection with the Site or our services:

process false or inaccurate transactions;
probe, scan, or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
use our services for personal, family or household purposes;
transmit, store, or process protected health information subject to HIPAA;
abuse referrals or promotions;
harass or abuse Clear ProAV personnel or representatives or agents performing services on behalf of Clear ProAV;
represent our personnel, or request our personnel to act, as your employee, officer, signatory, agent or fiduciary; or
use the Site or our services (a) to send spam, duplicative or unsolicited messages in violation of applicable laws or regulations; (b) to send or store material that violates the rights of a third party; (c) to send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; or (d) any other illegal or unlawful purpose.

2. Modification to These Terms and the Services

Clear ProAV may, at its sole discretion, change these Terms, including the Privacy Policy, from time to time. If changes occur, we may provide a notice through the Site. Updated versions will never apply retroactively and may give the date they go into effect. We recommend that you check the Terms and Privacy Policy periodically for changes. Your continued use of the Site following the posting of any changes to the Terms means you accept those new terms.

Additionally, Clear ProAV reserves the right to modify, suspend, or discontinue the services offered on or through the Site, whether temporarily or permanently, at any time for any reason. You agree that Clear ProAV shall not be liable to you for any modification, suspension, or discontinuation of such services or the Site. Some modifications may require updates to the Site. ClearProAV may also impose limits on certain features and services, restrict your access to parts or all of the Site, and suspend or terminate users without notice or liability.

3. Communications

You consent to accept and receive communications from us, including e-mail. You may opt out of receiving marketing communications by following the unsubscribe options we provide to you, but some transactional messages you may not unsubscribe from when using certain aspects of our services.

4. SMS Messaging Service Terms

a. Consent to Receive Messages
By providing your mobile number and opting in, you consent to receive SMS orMMS text messages from Clear ProAV, Inc. (“Clear ProAV”) regarding appointment reminders, project updates, marketing messages, and other communications related to your orders or interactions with Clear ProAV. Message and data rates may apply as determined by your mobile carrier.

b. Message Frequency
The frequency of messages may vary depending on your interactions with us. While most messages will relate directly to a specific order or project, Clear ProAV reserves the right to adjust message frequency as necessary. Clear ProAV and mobile carriers are not responsible for delays, errors, or undelivered messages.

c. Opt-Out Instructions
You may opt out of SMS communications at any time by replying “STOP” to any message. After opting out, you may receive a one-time confirmation message. No further SMS messages will be sent unless you opt in again. For assistance, reply “HELP” or contact us at info[at]clearproav.com.

d. Privacy
Your personal information will be collected, used, and stored in accordance with the Clear ProAV Privacy Policy.

e. Limitation of Liability
Clear ProAV shall not be liable for any charges, errors, or delays in SMS delivery, including undelivered messages caused by carriers, system outages, or third-party service providers.

By providing your phone number, you consent to receive SMS messages from Clear ProAV related to customer care and account notification messages. Message frequency may vary. On average, 1-2 messages per month.

To get help, reply HELP to any message or contact us directly.

Message and data rates may apply. For more information on how we handle your data, please review our Privacy Policy at http://www.clearproav.com/privacy-policy.

‍5. Device Security

You are solely responsible for restricting access to your devices and you hereby agree to accept responsibility for all activities, charges, and damages that occur to the Site or Clear ProAV through your use of your devices or the Site. If you discover any unauthorized use of the Site, or any other known Site security breach, you must report it to Clear ProAV immediately by writing info[at]clearproav.com. You agree that you are responsible for anything that happens through your use of the Site. Clear ProAV cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

6. Payment

While we may offer portions of our services for free, we do charge for certain features of the services. Currently, use of the Site is free but engaging Clear ProAV for certain services may require payments and shall be subject to separate terms between Clear ProAV and you, its customers, partners, or other third-parties. Clear ProAV reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of our services at any time. Regardless of the cause, Clear ProAV reserves the right to charge the final price after checkout, including without limitation all applicable transaction taxes.

7. License Restrictions

You shall not:

use the Site in any way to monitor or evaluate the availability, performance or functionality of the Site for any competitive purpose, or perform or assist any other party to perform any benchmarking on the Site;
use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
copy any portion of the Site, except as expressly permitted by this license;
modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Site;
reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Site or any part thereof;
remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Site, including any copy thereof;
rent, lease, lend, sell, sublicense otherwise make available the Site, or any features or functionality of the Site, to any third party for any commercial reason, including by making the Site available on a network where it is capable of being accessed by more than one device at any time;
remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Site;
access, tamper with, or use non-public areas or parts of the Site or our services, or shared areas of the Site to which you have not been invited;
frame or mirror our services, the Site, or any part thereof;
directly or indirectly take any action that imposes or may impose (as determined by Clear ProAV in its sole discretion) an unreasonable or disproportionately large load on Clear ProAV or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; run Mail List, List serv, or any form of auto-responder or “spam” on the Site; or use manual or automated software, devices, or other processes to scrape any page of the Site; or
create a false identity on the Site, misrepresent your identity, impersonate any person, create a profile for anyone other than you, or use or attempt to use another account.

You may not knowingly facilitate or aid a third party in any of the foregoing activities. If for any reason, Clear ProAV determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Site by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

8. Reservation of Rights

You acknowledge and agree that the Site is provided under license, and not sold, to you. You do not acquire any ownership interest in the Site under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Clear ProAV, and its licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Site, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

9. Content and User Content

Through the Site, or via other users, Clear ProAV may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). You have no rights in or to the Content other than as permitted herein to use or access the Site.

10. Collection and Use of YourInformation

You acknowledge that when you use the Site, Clear ProAV uses automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Site. You also may be required to provide certain information about yourself as a condition to use the Site or certain features or functionalities. All information we collect through or in connection with these Terms is subject to the Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Geographic Restrictions

The Content and Site are hosted by Clear ProAV’s third-party service provider, which may have hosting services located outside the United States. However, the Content and Site are intended for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Site outside of the United States and that access there to may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you are responsible for compliance with local laws.

12. Updates

Clear ProAV may from time to time in its sole discretion develop and provide updates to the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features for the Site (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that ClearProAV has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You agree that all Updates will be deemed part of the Site and be subject to all terms and conditions of these Terms.

13. Third-Party Materials

The Site may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Clear ProAV is not responsible for Third-PartyMaterials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Clear ProAV does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-PartyMaterials and links there to are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

14. Service Reselling

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Site or of our services without Clear ProAV’s express prior written permission, granted either directly or through a legitimate reselling program.

15. Term and Termination

The term of these Terms commences when you use or access our Site the first time and will continue in effect until terminated by you or Clear ProAV as set forth in this section. We may suspend or cancel your access to the Site without notice to you for any reason or no reason at all, including but not limited to if you violate these Terms, you create risk or possible legal exposure for us, your access is removed due to unlawful conduct, or our provision of the Site or its services to you is no longer commercially viable. Clear ProAV reserves the right to remove your information along with any settings from our servers with no liability or further notice to you. Upon any such termination of access or use, your license to use the Site shall immediately and automatically terminate.

16. Disclaimer of Warranties

THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CLEAR PROAV, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION TO THE FOREGOING, CLEAR PROAV PROVIDES NO WARRANTY OR UNDER TAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE,OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

THIS SITE AND THE SERVICES MADE AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL CONTENT IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. CLEAR PROAV IS NOT, BY MEANS OF THIS SITE, PROVIDING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MAY AFFECT YOUR FACILITIES, PROJECTS, OR BUSINESS OPERATIONS, YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL, AUDIO-VISUAL INTEGRATOR, CONTRACTOR, OR OTHER RELEVANT PROFESSIONAL.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, CLEAR PROAV DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

18. Indemnification

You agree to indemnify, defend, and hold harmless Clear ProAV and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of our services, your violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights, your violation of any statutory law, rule, or regulation, your willful misconduct, or your breach of these Terms.

19. Severability

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

20. Assignment

Clear ProAV reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms. Provisions regarding changes of these Terms, indemnification, disclaimer of warranty, limitation of liability, and severability shall survive any termination.

21. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located inDallas County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.