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Terms of Use

Last updated: May 12, 2026

These Terms of Use (“Terms”) govern your access to and use of the website, services, and products offered by Positive Proof LLC (“Positive Proof,” “we,” “us,” or “our”) at positive-proof.com and related URLs (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. About Us

Positive Proof LLC
PO Box 776, Nisswa, MN 56468
Email: info@positive-proof.com

2. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent that you are 18 or older and have the legal authority to enter into these Terms on behalf of yourself and, where applicable, the organization you represent.

3. Account and Order Responsibility

If you create an account or place an order, you agree to:

  • Provide accurate, current, and complete information
  • Keep your information up to date
  • Keep your login credentials confidential
  • Notify us promptly of any unauthorized access to your account
  • Accept responsibility for all activities under your account

4. Acceptable Use

You agree not to:

  • Use our Services for any unlawful purpose or in violation of any applicable law or regulation
  • Attempt to gain unauthorized access to any part of our Services, accounts, or systems
  • Reverse engineer, decompile, or disassemble any portion of our Services
  • Use bots, scrapers, crawlers, or other automated tools to access or collect information from our site
  • Submit false, misleading, or fraudulent information
  • Interfere with or disrupt the operation of our Services or the servers and networks that host them
  • Misrepresent your identity or affiliation with any organization
  • Use our Services to send spam, harassing, abusive, or illegal communications
  • Infringe the intellectual property rights of Positive Proof or any third party

5. Product Purchases

5.1 Pricing and availability

All prices are in U.S. dollars and exclude applicable taxes and shipping. Prices and product availability are subject to change without notice. We reserve the right to refuse or cancel any order at any time and for any reason, including suspected fraud or pricing errors.

5.2 Payment

Payment is processed by Shopify. You authorize us (and Shopify on our behalf) to charge your selected payment method for the total amount of your order, including taxes and shipping. For purchase orders (“POs”) and bill-me-later orders, payment is due according to the terms specified on the applicable invoice (typically Net 30 from invoice date).

5.3 Shipping

We ship within the continental United States only. Shipping costs are calculated at checkout based on order size. Title and risk of loss pass to you upon delivery to the carrier.

5.4 Returns and Refunds

  • You may return most products within thirty (30) days of delivery for a refund to your original payment method
  • You are responsible for return shipping costs unless the product was defective or shipped in error
  • Products must be returned in their original condition and original packaging
  • Refunds will be issued within 10 business days of our receipt and inspection of the returned product
  • Bulk and purchase-order orders are subject to the same 30-day return policy

To initiate a return, contact info@positive-proof.com with your order number.

5.5 Warranty

Positive Proof warrants our physical safety devices (including panic buttons, door monitoring sensors, and gunshot detection sensors) against defects in materials and workmanship for one (1) year from the date of delivery. Manufacturer warranties for third-party products are passed through to the customer where applicable.

This warranty does not cover damage from misuse, modification, accident, unauthorized repair, improper installation, or normal wear and tear. To make a warranty claim, contact info@positive-proof.com with your order number and a description of the issue.

6. Intellectual Property

All content on our Services — including text, graphics, logos, images, audio, video, software, and overall design — is owned by Positive Proof LLC or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of our Services without our prior written permission.

The “Positive Proof” name, logo, and related marks are trademarks of Positive Proof LLC.

7. Third-Party Services

Our Services rely on third-party providers including Shopify (e-commerce), Resend (email), Vercel (hosting), Google Analytics, and HubSpot. Your use of those services is governed by their respective terms and privacy policies. We are not responsible for third-party services we link to or integrate with.

8. Disclaimers

OUR SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT WHERE EXPRESSLY STATED IN THESE TERMS.

While our products are designed to support facility safety, no security or safety product can guarantee prevention of all incidents. Our products are tools intended to supplement — not replace — comprehensive security planning, trained personnel, and established emergency response protocols. We make no warranty that any incident will be prevented or any emergency will be mitigated.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSITIVE PROOF LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES OR PRODUCTS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO OUR SERVICES OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID TO POSITIVE PROOF IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Positive Proof LLC, its affiliates, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your violation of these Terms
  • Your misuse of our Services or products
  • Your violation of any applicable law, regulation, or third-party right

11. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, our Services, or our products will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in North Dakota or another mutually agreed location, by a single arbitrator. The arbitrator's award is final and binding.

You and Positive Proof each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding.

Notwithstanding the foregoing, either party may bring an individual action in small claims court, or seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

12. Governing Law

These Terms are governed by the laws of the State of North Dakota, without regard to its conflict of law principles. Subject to the arbitration provision in Section 11, you agree to the exclusive jurisdiction of the state and federal courts located in North Dakota for any matters not subject to arbitration.

13. Termination

We may suspend or terminate your access to our Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use our Services ceases immediately. Provisions intended to survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, arbitration, and governing law — will remain in effect.

14. Changes to These Terms

We may modify these Terms at any time. The “Last updated” date at the top reflects the most recent revision. By continuing to use our Services after the effective date of any changes, you accept the revised Terms.

15. Miscellaneous

  • If any provision of these Terms is found unenforceable, the remaining provisions remain in full force
  • Our failure to enforce any right or provision is not a waiver of that right or provision
  • You may not assign these Terms or your obligations under them without our prior written consent; we may assign these Terms freely
  • These Terms, together with our Privacy Policy, constitute the entire agreement between you and Positive Proof regarding the Services

16. Contact Us

Questions about these Terms? Reach us at:

Positive Proof LLC
PO Box 776, Nisswa, MN 56468
Email: info@positive-proof.com

See also our Privacy Policy.