Terms Of Service & Buyer Agreement
Last Updated [May 1, 2021]
By accessing or using the Site, or by ordering any Services or Experience(s) from Immersive Experiences, you agree that these Terms shall apply to your access and use of the site and such orders and that you shall be bound by the Terms set forth herein.
If you don’t agree, then you are not permitted to access or use the Site or to place orders for any Services or Experience(s). If you are accessing and using the Site or placing orders for Services or Experiences on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
CHANGES TO THESE TERMS OR THE SERVICES
We can change these Terms at any time. If we do so, we’ll let you know either by posting the changed Terms on the Site or through other communications. We’ll also update the “Last Updated Date” at the top of these Terms. It’s important that you review the changed Terms, because if you continue to access and use the Site or place orders for Services or Experiences after we’ve provided notice of the change, you’re telling us that you agree to be bound by the changed Terms. If you don’t agree to be bound by the changed Terms, then you’re not permitted to access or use the Site or place orders for Services or Experiences anymore. We’re always striving to make the Site, Services, and Experiences better, and, because they’re evolving over time, we may change or discontinue all or any part of the Site or any Services or Experience(s), at any time and without notice, at our discretion.
IMMERSIVE EXPERIENCES OFFERINGS
Buyer acknowledges that Immersive Experiences is a concierge service provider that facilitates the availability of custom experiences to its customers by acting as an intermediary between you (as the buyer) and-suppliers, vendors, sellers, brokers, or other third parties (collectively, the “Supplier”). Experiences includes certain goods and services including without limitation (a) items, goods, collectibles, rarities, or any other products in physical or digital form (“Products”) and (b) event experiences including in-person events such as concerts, sporting events, meet and greets, and so forth (“Events”).
The Supplier is solely responsible for honoring the purchase of any Experience. Immersive Experiences is not responsible in any way, for any Supplier’s performance. The Supplier may require you to enter into an agreement with the Supplier and you acknowledge that if you fail to do so, you may not be able to participate in the Experience; in such an event, you may not receive a refund or exchange for the purchase of your Experience. Some Experiences include the ability to interact with a Supplier. We do not, and cannot control interactions with Suppliers, and we expressly disclaim any liability arising from such interactions. You may be required to sign and return a waiver and liability release as a necessary condition of your participation in an Experience.
You acknowledge that any contract entered into by you with any Supplier is an independent contract. Immersive Experiences is not responsible for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged by Immersive Experiences.
Moreover, Immersive Experiences is not responsible for any incorrect information in brochures or websites supplied by ourselves, but produced by a Supplier. All descriptions of any Experiences, Products, or Events on the Site have been approved by the relevant Supplier. Immersive Experiences shall not be liable for any inaccurate or misleading descriptions.
USING THE SERVICES
You are not permitted to order, purchase, or use any Services or Experience(s) unless you are eighteen (18) years old or older and are not barred from ordering, purchasing, or using the Services or Experiences under applicable law. Additionally, some Experiences (e.g., those involving alcoholic beverages) are only available to you if you are twenty-one (21) years old or older at the time you order or purchase the Experience.
In order to use some Services or Experiences, you may need to create an account with a username and password (an “Account”) and become a member (“Member”).
It’s important that you provide us with accurate and complete information, and you promise to keep your Account information up to date. If you don’t, we may have to suspend or terminate your Account. You agree not to share your password and you’ll let us know if you become aware of any unauthorized use of your Account. You are responsible for all activities that occur under your Account.
You will be responsible to pay the total purchase price for any Services or Experience(s) as set forth by Immersive Experiences . Such prices may include or be subject to additional applicable tariffs, customs, duties, or taxes (including any value-added taxes).
When you initiate a purchase transaction or request to schedule an Experience, you will be asked to provide us with customary billing information such as your name, billing address, and credit card information. You agree to pay Immersive Experiences (on behalf of the Supplier, if applicable) for any transactions made in connection with your Account by one of the payment methods described on the Site or as otherwise designated by Immersive Experiences.
Wire transfers are permitted for orders above ten thousand dollars (US$10,000.00). Immersive Experiences will confirm receipt of payment before we will ship or fulfill the Experience. Contact Immersive Experiences at [email@example.com] for more details on wire transfers.
You hereby authorize the collection of such amounts by Immersive Experiences by charging your selected payment method. In addition, you agree that Immersive Experiences may charge your payment method for verification and pre-authorization purposes, and you agree to bear any additional charges that your bank or other financial service provider may levy on you.
The type of Experience you order impacts when you are charged for your purchase. The process for cancellations and refund eligibility also varies depending on the type of Experience. In addition to the below, Suppliers may impose their own terms and conditions which, in every case, apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order. It is your responsibility to review the confirmation email(s) to verify the accuracy of the information relating to the Experience you have purchased.
Payment: Upon the completion of your purchase of a Product, we will immediately validate your credit card. Upon shipment, your credit card will be charged. In some cases, you may request to delay the shipment of the Product purchased. If you agree to delay shipping, you also permit Immersive Experiences or the Supplier to charge you for the order on the date that you submit your shipment delay request. In the case of custom or personalized items, your credit card will be charged when the Supplier initiates the customization or personalization of your item.
Cancellations/Returns: Due to the nature of the Products, the majority of Products offered by Immersive Experiences are not returnable. Unfortunately, we cannot be responsible for a Product once it has shipped. However, if a Product arrives in a condition inconsistent with the description stated during the purchase, we would be happy to assist you in addressing the matter. Please contact Immersive Experiences at [firstname.lastname@example.org].
Items that are returnable will be designated as such on their product page on the Site. If returnable, returned physical items must be unused, unworn, unwashed, and undamaged. We are unable to accept returns of goods that are not in their original packaging. Products must be in the condition in which you received them and in the original box and/or packaging. If a return and/or refund is approved, it will be credited to your credit card account or via wire to your bank within three (3) business days after the date we receive the returned merchandise or resolve your complaint, whichever is later. To find out if your item is returnable, please contact our Concierge teams via phone or email and be sure to include your order number and explain the problem so that we can most efficiently help you.
Virtual & In-person Experiences
Any Immersive Experiences fees for telephone or connectivity, travel, food, or lodging associated with your use of a virtual or in-person Experience are your sole responsibility unless otherwise specified on the relevant product page, these Terms, and/or receipt for the order/purchase of such Experience.
For Events - experiences with a set time and location
Payment: Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount, including any applicable tariffs, customs, duties, or taxes (including any value-added taxes).
For Experiences - if scheduling (time and/or location), must be agreed upon
Payment: Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount, including any applicable tariffs, customs, duties, or taxes (including any value-added taxes). For Experiences that require you and the Supplier to agree on particular details such as the time and location for the Experience, and in the event you and the Supplier cannot come to an agreement regarding such details, and Immersive Experiences is unsuccessful in finding a suitable alternative, a refund will be made for the purchase amount.
Experiences as Gifts
If the Buyer chooses to give an Experience as a gift, Immersive Experiences shall have no liability to the recipient and you agree to hold harmless and indemnify Immersive Experiences against any and all claims that may arise from or be brought by the recipient in relation to such Experience.
Upon the completion of your purchase, we will immediately validate your credit card and charge you for your purchase amount, including applicable tariffs, customs, duties, or taxes (including any value-added taxes).
Supplier’s right to terminate Experiences at will: Note that a virtual or in-person Experience can be disrupted and/or discontinued without warning at any time—and with no refund to you—should the Supplier become uncomfortable with the interaction with you for any reason.
We do not permit reporters or other members of the media to purchase Experiences with our Supplier partners for the purpose of conducting an interview for broadcast or publication. If the Supplier determines that you are in fact attempting to conduct an interview for broadcast or publication, the Supplier may terminate the experience immediately with no refund to you.
Unless otherwise provided in writing, due to the nature of facilitating the Experiences, the purchase of an Experience is generally non-refundable, and Immersive Experiences is not responsible for any cancellations or modifications of an Experience by Supplier. Notwithstanding, if the Experience is cancelled by the Supplier through no fault of yours, then Immersive Experiences, in its sole discretion, may refund some or all amounts paid by you for said Experience; provided, however, that Immersive Experiences will not refund any amounts (i) applicable to costs incurred by Immersive Experiences in performing hereunder; (ii) applicable to expenses incurred by you in connection with the Experience including, without limitation, travel expenses such as air fare, hotels or other lodging, or meals; and (iii) already submitted to the Supplier; provided however that in the event you fail to comply with these Terms, Immersive Experiences shall not be required to refund any portion of the purchase price nor any expenses incurred by you in connection with an Experience including, without limitation, travel expenses such as, air fare, hotels or lodging, or meals.
You further agree that: (i) attendee(s) for your purchased Experience must be of legal age of majority in his/her jurisdiction of residence and in the jurisdiction of delivery of the Experience, unless they are the child or legal ward of another attendee, in which case such accompanied minors are permitted to attend and/or participate in the Experience; (ii) the Experience cannot be transferred, returned, exchanged, resold, or re-auctioned by the Buyer, and any attempts to do so are at your own risk, as we are not required to deliver or fulfill an experience to anyone other than you, except in the case of a gift (as provided above); (iii) the Experience must be completed on dates provided or otherwise agreed by the Supplier; (iv) no Experience shall include costs, expenses, or arrangements for travel, transportation, accommodations, food or beverages, or any other ancillary costs of participation; and (v) you will agree to any specific rules, terms and conditions Immersive Experiences to appearance times, time constraints, event dates, locations, or other aspects of the Experience as required by the Supplier- and if you do not fully comply with such rules, and the Experience cannot be fulfilled due to your non-compliance, then you forfeit the Experience and will not receive any refund of the purchase price.
SHIPPING AND FULFILLMENT
With some exceptions, Products sold through Immersive Experiences are shipped via major U.S. shipping companies like UPS and Fedex. Suppliers may ship to all fifty U.S. states and may, depending on the item, ship internationally. Neither Immersive Experiences nor any Supplier has any obligation to ship any Product to a location where delivery is restricted or prohibited by applicable law. Should you have a question regarding shipping, please contact Immersive Experiences at [email@example.com].
Shipping, handling, and insurance (“Shipping”) of Products is incremental to the list price (unless otherwise stated on the product page). If Shipping is not explicitly included in the price of a Product, the estimated cost for Shipping will be included at checkout in the order process. Neither Immersive Experiences nor the Supplier are responsible for the acts or omissions of carriers or packers of purchased Products.
You must supply a valid street address for delivery of Products purchased on the Site. Neither Immersive Experiences nor the Supplier will ship Products to a post office box.
You are responsible for any and all customs, duties, or refusals to allow the shipment to the location specified of purchased Products. All Products are shipped “Free on Board” (FOB); when the Supplier delivers the Product to the carrier for shipment to you, title to the Product and risk of loss will pass from the Supplier to you. If the Product is damaged in transit, you should contact the carrier. Immersive Experiences and the Supplier are not obligated to accept the return of a Product, or issue a refund, if it was damaged in transit.
Digital Products, Virtual and In-person Experiences
Digital Products, virtual experiences, and in-person Experiences purchased via our Site are coordinated via our platform, email, and/or telephone.
Digital Products are delivered via email or through your Account page on our platform.
Experiences are delivered via Internet (video conferencing platforms and/or social networks such as Facebook and Twitter) or in-person.
TRANSACTIONS INVOLVING ALCOHOLIC BEVERAGES
Experiences that include alcoholic beverages may only be purchased by individuals, who are at least twenty-one (21) years old (“Legal Age”). At the time of delivery of any Products containing alcoholic beverages ordered by you using the Site, the shipper will require the signature of an adult possessing identification proving he or she is of Legal Age. You expressly represent and warrant that: (a) you are of Legal Age; and (b) you will provide bona fide identification showing your Legal Age to the shipper or Supplier of any lots that include alcoholic beverages.
The price of alcoholic beverages is determined by the Supplier, and we do not receive profits from the sale of specific alcoholic beverage products. When you place an order for a Product containing alcoholic beverages using the Site (“Alcoholic Beverage Order”), such Alcoholic Beverage Order will be either accepted or rejected by the Supplier. Neither Immersive Experiences nor any Supplier has any authority to accept your Alcoholic Beverage Order, and no sale pursuant to your Alcoholic Beverage Order will become final, unless and until the Supplier accepts your Alcoholic Beverage Order. For any Alcoholic Beverage Order accepted by the Supplier (such accepted sale an “Alcoholic Beverage Purchase”), your credit card will be validated and charged for your purchase, including applicable tariffs, customs, duties, or taxes (including any value-added taxes). Please note that, for Alcoholic Beverage Orders and/or Alcohol Beverage Purchase, the Supplier may operate via a licensed seller of alcoholic beverages who may act on the Seller’s behalf for such transaction.
We don’t plan, host, operate, or provide the Experiences. We also don’t endorse, verify, vouch for, investigate, or vet any Experiences. Notwithstanding the foregoing, Immersive Experiences reserves the right to conduct by itself, or by third party service providers, background checks on you and your guests or fellow attendees for an Experience. We’re not responsible for estimates, descriptions, condition, authenticity, title, or any other matters relating to the offer and sale of any Experiences. Information about Experiences is provided by the Supplier, and we do not verify the accuracy of this information. We’re also not responsible for any personal injury, damage, or harm resulting from your purchase of, or participation in, any Experience or your interaction with any Member. By accessing or using the Site, or ordering, purchasing, or using any Services or Experiences, you agree that any legal remedy or liability that you seek to obtain arising from or Immersive Experiences to the Site, or any Services or Experiences will be limited to a claim against the particular Supplier, Member, or other third parties who caused you harm, and you agree not to attempt to impose liability on Immersive Experiences, or seek any legal remedy from Immersive Experiences with respect to the Site, or any Services or Experiences.
For the safety of the Suppliers, Immersive Experiences reserves the right to conduct by itself, or by third party service providers, background checks on you, including criminal background checks. In such cases, the Experience listing will state this requirement. Should you decide to purchase an Experience with this requirement, you agree to provide any required or applicable signed consents, within two (2) business days from the time we contact you or gift recipient, to enable us or our third-party service providers to conduct such background checks. This information may include your Social Security Number.
CONTENT OWNERSHIP AND RESPONSIBILITY:
“Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Site, Services, or Experiences; “User Content” means any Content that you provide to be made available through the Site, Services, or Experiences, including Experience listings. Content includes, without limitation, User Content.
Immersive Experiences does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, as between us and you, Immersive Experiences and its licensors exclusively own all rights, title, and interest in and to the Content, including all associated intellectual property rights therein even if we incorporate any Feedback (as defined below) into subsequent versions of the Site, Services, or Experiences or otherwise use such Feedback. You acknowledge that the Content is protected by applicable copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content.
Subject to your compliance with these Terms, Immersive Experiences grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display, and print the Content solely in connection with your permitted use of the Site, Services, and Experiences and solely for your personal and non-commercial purposes. By making your User Content available on or through the Site you hereby grant to Immersive Experiences a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, modify (for formatting purposes only), distribute, license, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit your User Content on, through, or by means of the Site, Services, or Experiences including for commercial, advertising, and promotional purposes relating to the Site, Services, and Experiences. These rights that you grant to Immersive Experiences include permitting Immersive Experiences to syndicate your User Content, including any suggestions for Experiences you provide Immersive Experiences or the content of your Experience listings, on, through, or by means of websites operated or owned by third parties.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by IMMERSIVE EXPERIENCES on or through the Site, Services, or Experiences will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We welcome your input for improvements to the Site, Services and Experiences. If you decide to provide ideas, comments, suggestions or other feedback to us (whether written, verbal, or in any other format) in connection with the Site, Services, Experiences, or these Terms (“Feedback”), you acknowledge and agree that we have no obligation (whether of confidentiality, compensation, or otherwise) with respect to such Feedback and we will be free to use and exploit such Feedback in any manner without restriction of any kind. You agree that all Feedback will be the sole and exclusive property of Immersive Experiences. You hereby agree to irrevocably transfer and assign to Immersive Experiences all of your rights, title, and interest in and to all Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback. Further, you acknowledge and agree that Immersive Experiences may currently, or in the future, be developing information and materials internally, or receiving information and materials from other parties, that are similar to your Feedback or User Content. Nothing in these Terms will be construed as a representation or agreement that we will not develop or have developed, distribute, market or promote applications, services, products, or concepts that are similar to and/or compete with the applications, services, products, or concepts contemplated by or embodied in any Feedback or your User Content.
You agree that you’ll only use the Site, Services, and Experiences in a manner that is consistent with the requirements set forth below. If you don’t, we may choose to suspend or terminate your Account. In connection with your use of the Site, Services, and Experiences you agree that you won’t:
• use the Site, Services, or Experiences for any commercial, governmental or other purposes that are not expressly permitted by these Terms;
• copy, store, or otherwise access any information contained on/in the Site, Services, or Experiences for purposes not expressly permitted by Immersive Experiences or that would violate any laws;
• interfere with or damage the Site, Services, or Experiences including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• use the Site, Services, or Experiences to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card, or account numbers;
• use the Site, Services, or Experiences in connection with the distribution of unsolicited commercial email (spam) or advertisements;
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
• use manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the Site, Services, or Experiences or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services, Experiences, or Content;
• register for more than one Account or register for an Account on behalf of an individual other than yourself;
• recruit or otherwise solicit any Supplier to join third-party services or websites that are competitive to Immersive Experiences, without Immersive Experiences' prior written approval.
• register under a false name or use an invalid or unauthorized credit card. You may not offer to purchase under a false name, impersonate any participant, or use another participant’s password(s) or engage in any other fraudulent conduct or conduct intended to interfere with the orderly conduct of business on the Site, Services, and Experiences;
• “stalk” or harass any other user of the Site, Services, or Experiences; mistreat any Immersive Experiences employees including, but not limited to, using abusive language in writing or by telephone;
• impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• post, upload, publish, submit, or transmit any Content that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy in any jurisdiction in the world; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
You hereby agree that you and your guests or fellow attendees will conduct themselves appropriately and respectfully when attending and/or participating in an Experience. In the event your or your guests or fellow attendees engage in inappropriate behavior, Immersive Experiences , in its sole discretion, may terminate the Experience and you will not be provided any refund of the purchase price. You hereby agree to indemnify, defend and hold harmless Immersive Experiences , its affiliates, and each of their respective investors, directors, officers, employees, attorneys, and agents from and against any loss, damage, liability, or expense incurred by or claimed against Immersive Experiences as a result of such inappropriate behavior.
THE SITE, EXPERIENCES, PRODUCTS, EVENTS, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, IMMERSIVE EXPERIENCES EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE OR ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, CONTRACT, OR ANY OTHER BASIS. IMMERSIVE EXPERIENCES MAKES NO WARRANTY THAT THE SITE, SERVICES, EXPERIENCES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IMMERSIVE EXPERIENCES DISCLAIMS ANY AND ALL SUCH WARRANTIES. IF A DISPUTE ARISES BETWEEN ONE OR MORE PERSONS (INCLUDING WITHOUT LIMITATION BUYER OR SUPPLIER) REGARDING AN EXPERIENCE, OR IF AN EXPERIENCE CANNOT BE FULFILLED, BUYER RELEASES AND FOREVER DISCHARGES IMMERSIVE EXPERIENCES ITS AFFILIATES AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES ATTORNEYS, AND AGENTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IMMERSIVE EXPERIENCES MAKES NO WARRANTY REGARDING THE QUALITY, CONDITION, IMPORTANCE, PROVENANCE, LITERATURE, OR HISTORICAL RELEVANCE OR RARITY OF ANY EXPERIENCE OR THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
IMMERSIVE EXPERIENCES ASSUMES NO RESPONSIBILITY FOR BUYER’S OR SUPPLIER’S FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR REGULATIONS. IMMERSIVE EXPERIENCES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF BUYER, ANY MEMBER, SUPPLIER, OR OTHER THIRD PARTY. WE DO NOT, AND CANNOT CONTROL YOUR INTERACTION WITH ANY MEMBER OR SUPPLIER AND WE THEREFORE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM SUCH INTERACTION. IMMERSIVE EXPERIENCES’ RESPONSIBILITIES UNDER THESE TERMS IS LIMITED SOLELY TO FACILITATING THE AVAILABILITY OF THE SERVICES AND EXPERIENCES AND COLLECTING PAYMENTS ON BEHALF OF THE SUPPLIER. THE SUPPLIER - NOT IMMERSIVE EXPERIENCES - IS SOLELY RESPONSIBLE FOR HONORING THE PURCHASE OF ANY EXPERIENCE. WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM ANY ACCESS OR USE OF THE SITE, OR ANY ORDER, PURCHASE, OR USE OF THE SERVICES OR EXPERIENCES.
LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE AND AGREE THAT, AS BETWEEN YOU AND IMMERSIVE EXPERIENCES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND THE ORDER, PURCHASE, AND USE OF ANY SERVICES, CONTENT, AND EXPERIENCES. IMMERSIVE EXPERIENCES IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE, OR HARM ARISING FROM YOUR PARTICIPATION IN OR PURCHASE OF ANY EXPERIENCE OR OTHERWISE IMMERSIVE EXPERIENCES TO THE FUFILLMENT OF AN EXPERIENCE.
IMMERSIVE EXPERIENCES WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE ,OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, CONTENT, OR EXPERIENCES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IMMERSIVE EXPERIENCES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IMMERSIVE EXPERIENCES AND YOU.
GOVERNING LAW; ARBITRATION:
These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to any applicable conflicts of laws, except to the extent that certain matters may be governed by federal law by reason of preemption. Any and all disputes Immersive Experiences to these Terms shall be submitted to and resolved by final, binding, private, and confidential arbitration in Orange, California pursuant to the rules of the American Arbitration Association (AAA). Buyer understands that, by accessing or using the Site, or ordering, purchasing, or using the Services or any Experience, Buyer is waiving any right to file a lawsuit or other civil proceedings including the right to a jury trial. Prior to initiating arbitration, the initiating party shall inform the other in writing setting forth in reasonable detail the nature of all claims against the other, and the non-initiating party shall have thirty (30) days from the date of receipt of such notice to elect to require the parties to resolve the dispute by arbitration. The Parties shall work together in good faith to coordinate arbitration pursuant to AAA rules in Orange, California. Each party shall bear its own costs and expenses for the arbitration- namely attorney’s fees, and each party shall be responsible for half of the costs for the arbitration. In the event a party fails to abide by the arbitration provision herein, the other party shall be entitled to all fees and costs, including attorney’s fees in connection with the arbitration, regardless of which party prevails. In the event the parties fail to resolve the dispute in such arbitration, each side shall be responsible for its own fees and costs (including attorney fees), regardless of which party ultimately prevails. The arbitrator’s decision shall not be subject to appeal, and may be entered as an order in any court of competent jurisdiction in Orange, California. Each party agrees to submit to the jurisdiction of any such court for purposes of the enforcement of any arbitration order. No party shall sue the other except for enforcement of the arbitrator’s decision if the other party is not performing in accordance with the arbitrator’s decision. The provisions of these Terms shall be binding on the arbitrator.
You may not assign or transfer these Terms, by operation of law or otherwise, without Immersive Experiences' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be void ab initio. Immersive Experiences may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Immersive Experiences under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
IMMERSIVE EXPERIENCES' failure to enforce any right or provision of these Terms will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Immersive Experiences. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We’re here to help resolve any issues you may experience. Please contact Immersive Experiences at [firstname.lastname@example.org] if you have any issues or need assistance with the Site or our Services or Experiences.