Terms of service
Last Modified and effective:Â October 24, 2024
Introduction
Welcome to Tron-vision.com (âthe Websiteâ). This website is owned and operated by TronVision Enterprises, LLC (âthe Companyâ). Throughout the Website, the terms âweâ, âusâ and âourâ refers to the Company.
Acceptance of the Terms and Conditions
These Terms are binding upon you and the Company. The following terms and conditions (the âTerms and Conditionsâ) set the rules for your access and use of the Website, including any content and services offered through the Website. Please read the Terms and Conditions before using the Website.Â
By using this Website you accept these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must leave the Website and refrain from having any access to it in the future.Â
By using this Website, you represent and warrant that you are of legal age to consent to these Terms and Conditions. If you do not meet the legal age requirements to consent to these Terms and Conditions you must leave the Website and refrain from having any access to it in the future.
THESE TERMS AND CONDITIONS GOVERN HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. SPECIFICALLY, THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE US TO ARBITRATE INSTEAD OF GOING TO COURT, AND REQUIRE THAT ALL CLAIMS BE BROUGHT INDIVIDUALLY, NOT AS A CLASS REPRESENTATIVE OR CLASS MEMBER. SEE SECTION 23, BELOW, FOR MORE DETAILS.
ACCESSIBILITY
IF YOU ARE HAVING ANY TROUBLE ACCESSING THE WEBSITE OR ANY ASSOCIATED WEBSITES, PLEASE CONTACT US AT (586) 453-0001
MONDAY â FRIDAY 9AM â 5PM EST
OR VIA EMAIL AT INFO@TRON-VISION.COM.
1. Authorized Use of Website
This Website and the Company e-commerce store is provided for your personal and non-commercial use. Any other use of the Website requires the prior written consent of the Company.
2. Unauthorized Use of Website
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures.
You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, âfloodingâ, âmailbombingâ or âcrashingâ the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions.
You may not frame portions of the Website within another website or application.
You may not resell use of, or access to, the Website to any third party without our prior written consent.
3. Changes to the Terms and Conditions and to the Website
We may revise and update these Terms and Conditions as necessary as possible and at our discretion. All changes are effective at the moment we post such changes and shall apply to all access and use of the Website.Â
You must verify these Terms and Conditions from time to time. Your continued access and use of the Website following a revision of the Terms and Conditions shall imply an acceptance of the changes.Â
The Company may change the content of this Website from time to time. However, this content is not necessarily complete or up-to-date and the Company is not under any obligation to update it.
4. Reliance on the Information Posted
The information presented on the Website is only available for information purposes. The Company does not warrant the accuracy or completeness of this information. You may not place reliance on the information on the Website. The Company disclaims any liability that could arise if any user or any visitor to the Website relies on such materials.
Third parties may provide content to this Website that includes or may include materials provided by other users, bloggers, and third-party licensors, syndicators or reporting services. The opinions and statements expressed in these materials are solely the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion or views of the Company.
5. Website Access
The Company reserves the right to amend, modify or delete this Website and its services at our discretion. The Company will not be liable if the Website is unavailable. The Company may restrict user access to some parts of the Website or the entire Website.Â
The Company is not responsible if you do not meet the requirements to access the Website. The information you provide to the Company must be up to date and complete. You are responsible for informing all persons who use the your internet connection about complying with the Website's Terms and Conditions.
You agree that all the information provided to the Company for registration purposes is subject to its Privacy Policy at www.tron-vision.com/pages/privacy-policy. You consent to all actions the Company takes under our Privacy Policy. You are responsible for treating the username and password chosen or given as confidential. You acknowledge that the account is personal and agrees to keep its information private from any other person. You acknowledge that third parties do not have a right to access this Website with your registered information.Â
You shall notify the Company immediately of any unauthorized access to or use of the your registered information or any other sort of breach of security. The Company has the right to delete any registered information or delete any account if it considers that you have violated any provision of these Terms and Conditions.
6. Placing an Order, Billing
a. Pricing. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The prices charged by Company will be those in effect on the date of receipt of your order. You agree to pay Company for all charges at the prices then in effect for the products and/or services you or other persons using your account or payment method may purchase, and you authorize Company or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Company disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
b. General Ordering and Billing Conditions. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from the Website. Company reserves the right to reject certain billing methods, including without limitation due to fraud notifications, alerts, or protective measures instituted by Shopify, Inc. or Companyâs third party payment processor.
7. Product Descriptions and Availability
The inclusion of any products on the Website does not imply or warrant that these products will be available at any particular time or that the listed attributes are accurate or complete. Company continually upgrades and revises its products to provide you with new products. Company may revise, discontinue or modify products at any time without prior notice to customers, and products may become unavailable without notice. Company shall have no liability of any kind if a product that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item is unavailable or Company may cancel the order.
8. Corrections
We attempt to be as accurate as possible and eliminate errors on the Website, however, we do not warrant that any product or description, photograph, pricing or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Website, in an order confirmation, in processing an order, delivering a product or otherwise, we reserve the right to correct such error and otherwise change or update the information on the Website at any time without notice, revise your order accordingly if necessary (including charging the correct price) and/or cancel your order and refund any amount charged.
9. Shipping; Return Policy
All purchases are subject to Company policies and procedures relating to shipping, delivery, returns and exchanges, as set forth in the Returns & Refunds Policy and these Terms of Use. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to these Terms of Use. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
You may request a refund or exchange for any purchased product within 30 days of the date of such purchase if the product does not meet your reasonable expectations. If your product was damaged in transit, you may request, within 30 days of the date of purchase, that the damaged product be replaced.
To make any of the above requests, please send an email to info@tron-vision.com detailing the order number and the product for which you would like a refund or exchange, along with a description of your concern or complaint. If your product was damaged in transit, please attach pictures for our review.
Upon receipt of your request, Company will make a determination, in its reasonable discretion, whether a product claimed to be damaged or defective was actually damaged or defective when originally delivered to you and used as intended. Requests for refunds and exchanges will be reviewed and determined on a case by case basis. Company reserves the right, in its reasonable discretion, to refuse to refund or exchange any product.
10. Prohibitions
You agree not to use the Website in any way or form that violates any applicable federal, state, local, or international law. You may not send, receive, upload, download, or otherwise transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation, without the prior written consent of the Company.Â
You may not impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity when using the Website. You may not engage in any other conduct that restricts or inhibits other users' use or enjoyment of the Website or that may harm the Company or users of the Website, or expose them to liability.Â
Additionally, you may not use the Website in any manner that could disable, overburden, damage, interfere, or impair other users' access to the Website or the proper working of the Website. Furthermore, you may not use any bot, robot, spider, or any automatic device to access the Website for monitoring purposes.
11. User Content
The Website may contain forums, chat rooms, personal web pages or profiles, bulletin boards, and other interactive features that allow you to post content or materials on the Website. Any Content you post to the site will be considered non-confidential and non-proprietary. You grant the Company and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that you have the right to distribute the content you post or share on the Website. You also warrants that all such contents comply with these Terms and Conditions. The Company is not responsible or liable to any third party for the contents posted on its Website.
12. Content Standards
These content standards apply to all content made by you on the Website. These contents must comply with any applicable federal, state, local, and international laws and regulations.Â
Content by you must not contain images or texts that are offensive, defamatory, abusive, harassing, violent, hateful, inflammatory, obscene, or otherwise objectionable. You must not contribute any sexually explicit, violent, sexually discriminatory, or racist content. Furthermore, you must also not violate any privacy rights of other users in our Privacy Policy at www.tron-vision.com/pages/privacy-policy or any third party, nor promote or advocate in favor of any illegal activity. Lastly, you must not infringe any patent, trademark, copyright, or other Intellectual Property.
13. User Information
All the information collected on this Website by the Company is subject to our Privacy Policy www.tron-vision.com/pages/privacy-policy. By using the Website, you consent to any action the Company might take concerning your information and its compliance with the Privacy Policy.Â
All transactions through this Website or information formed through the Website, or resulting from visits made by you, are governed by these Terms and Conditions.
The Company hereby incorporates any additional terms and conditions and by this reference and may also incorporate specific portions, services, or features of the Website.
14. Social Media and Links
You may place a link to our homepage provided that it is done fairly and legally and does not damage our reputation. However, you must not be associated with the Company and such linking does not constitute any form of approval or endorsement on the Company's part.Â
This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website. It may also send emails or other communications with certain content, or links to certain content, on this Website, and cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by the Company. You must not take any action concerning the materials on this Website that is inconsistent with any other provision of these Terms.Â
You agree to cooperate with us in immediately ceasing any unauthorized linking. The Company reserves the right to withdraw linking permission without notice and may disable all or any social media features at any time without any prior notice.
15. Intellectual Property Rights
The Company owns the Website and its entire contents, features, and functionality, including but not limited to, all information, software, apps, texts, displays, images, video, and audio, and the design are the intellectual property of the Company and its licensors. The Company's intellectual property is protected by domestic and international copyright, trademark, patent, trade secret, and other intellectual property laws.
These Terms permit you to use the Website for personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. However, you may print or download pages from the Website for your personal use. You may also download desktop or mobile applications solely for personal use, provided that you agree to be bound by any license agreement the company may offer for such applications.
You must not modify copies of any materials from this site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.Â
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, it will be considered a breach of the Terms and Conditions. In such circumstances, the your right to use the Website will stop immediately and must return or destroy any copies of the materials made.
16. Trademarks
The Company name, its trademarks, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
17. No warranties
This website is provided âas isâ without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website.Â
The Company does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate, or non-misleading. Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
18. Limitations of liability
The Company will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, this website for any indirect, special, or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
19. Waiver by California Residents
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
20. Indemnification
You agree to defend, indemnify, and hold harmless the Company from and against any 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 and Conditions or your use of the Website, including, but not limited to, your User Contents, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
21. Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another partyâs copyright to remain on the Website.
If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
info@tron-vision.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
22. International Access:
Our Website is provided from the United States of America. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
23. Governing Law; Dispute Resolution; Class Action Waiver.
The laws of the State of Michigan shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies between you and the Company arising out of these Terms and Conditions, or the purchase of any products or services (âClaimsâ) shall be exclusively submitted to binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. In arbitration, as with a court, the arbitrator must honor the terms of these official rules and can award the prevailing party damages and other relief, and the parties have the right to be represented by counsel of their choice. In arbitration, however, (i) there is no judge or jury (ii) the proceedings and outcome are generally subject to certain confidentiality rules, (iii) the discovery process is limited, and (iv) a courtâs review of the arbitratorâs ruling is extremely limited.
The party filing arbitration must submit Claims to the American Arbitration Association (âAAAâ) and follow its rules and procedures for initiating and pursuing arbitration. Any in-person hearing in the arbitration will be held in the same city as the U.S. District Court closest to your then-current residential address, or at some other place to which you and Company agree in writing. The arbitrator shall apply Michigan law consistent with the Federal Arbitration Act. You may obtain copies of the current AAA Rules, and forms and instructions for initiating arbitration, by contacting the AAA at 800-778-7879, or by visiting the AAAâs website at www.adr.org.
A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) yearsâ experience or a retired or former judge, selected in accordance with the AAA rules. The arbitration will follow the AAAâs then-current Consumer Arbitration Rules (the âAAA Rulesâ), unless those AAA Rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions govern. The payment of all AAA and arbitrator fees and costs will be in accordance with the AAA Rules. Subject to those AAA Rules, each party to the arbitration will bear the expense of its own attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but the prevailing party in the arbitration may recover any or all costs or expenses from the other party if the arbitrator, applying applicable law and the AAA Rules, so determines. The arbitratorâs award is final and binding on the parties.
The foregoing notwithstanding, both parties retain the right to seek relief in small claims court for any dispute or claim falling within the scope of such courtâs jurisdiction.
Class Action Waiver:
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, âPRIVATE ATTORNEY GENERALâ ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.
If, for any reason, any court with competent jurisdiction or any arbitrator selected pursuant to these Terms and Conditions holds that this class action waiver provision is unenforceable as to any Claim you have brought, then our agreement to arbitrate will not apply, and your Claim must be brought exclusively in court in the City of Romeo, Macomb County, Michigan.
Time Bar:
ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.
24. Waiver and Severability
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
25. Entire Agreement
The Terms and Conditions and other relevant policies incorporated herein by reference constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, of any kind, regarding the use of the Website.
26. Comments and Concerns
If you have any comments or questions about these Terms and Conditions, please notify the Company at info@tron-vision.com.