Immerz Inc. reserves the right to change these terms and conditions without prior notice at any time, at Immerz' sole discretion, which changed terms and conditions will apply to any later visit, order, acceptance, use, or installation. Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by Immerz.
Use of the Site
By visiting Immerz' website, or by ordering or accepting delivery of products from Immerz, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern your use of this site, these terms and conditions, and any dispute that may arise between you and Immerz or any of its affiliates.
This site is provided by Immerz on an "as is" and "as available" basis. Immerz makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
Warranties, exclusions, and limitations of liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IMMERZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF THIS SITE AND ANY PRODUCTS OR SERVICES ORDERED FROM THIS SITE.
Immerz does not warrant that this site, its servers, or e-mail sent from Immerz are free of viruses or other harmful components. Immerz will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
For any breach of these terms and conditions, Immerz' maximum liability shall not in any event exceed the total price actually paid by you to Immerz.
In no event shall Immerz be liable to you or any third party for any special, indirect, consequential or punitive loss or damage for any breach of these terms and conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use even if Immerz has been advised of the possibility of such loss or damage or any claim by any third party.
Immerz shall not be liable if it is unable to perform any of its obligations contained in these terms and conditions due, directly or indirectly, to the failure of any machine, system of authorization, data processing or communication system or transmission link or any industrial dispute, war, flood, explosion, act of god or any other event beyond the control of Immerz.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to Immerz' site or to products you purchase or license from Immerz shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate Immerz' intellectual property rights, Immerz may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Delivery and taxes.
Immerz will only ship to the United States and certain foreign countries. Prices do not include charges for shipping and handling, and taxes, unless stated otherwise in the ordering process. Separate charges for shipping and handling will be shown on the invoice. Immerz will charge sales tax for delivery within Massachusetts. For delivery to any other states, you are responsible for sales and all other taxes associated with any order. All international shipments will be sent out through USPS Priority International. International customers will need to pay VAT/Customs Fees and any other applicable charges upon receipt of their KOR-fx.
Immerz reserves the right to limit quantities, and to set and adjust shipping dates, and to cancel this program and any orders placed under it without prior notice. If Immerz cancels your order, Immerz will refund the amount you actually paid by credit to the payment method used. Product availability may be limited. Products may not be available for immediate delivery. Immerz reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, Immerz may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.
You may not assign your rights or obligations under this Agreement without the express written consent of Immerz. Any attempt to assign rights or obligations without Immerz' express written consent is null and void.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Title to products passes from Immerz to Customer on shipment from Immerz' facility or designee. Title to any software will remain with the applicable licensor(s).
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale.
Trademarks and copyright.
This web site is copyright 2009 by Immerz, Inc. Immerz, the Immerz logo, and other marks referred to herein are either the trademarks or the registered trademarks of Immerz. The absence of a product name or logo on this web site does not constitute a waiver of Immerz' trademark or other intellectual property rights concerning that name or logo.