Terms Of Service
THIS PURCHASER AND SELLER CONTRACT AGREEMENT is made between seller, and buyer, for the purpose of setting forth the exclusive terms and conditions by which these goods and services are offered. The Seller (“Seller”) and the Purchaser (“Buyer”) agree that the following terms and conditions apply to the materials, goods and/or products now or subsequently ordered pursuant to this Agreement.
- All classes and sessions will begin scheduling through EvolVR.org on January 15 2019.
- All gift certificate are good for 120 days from the date of purchase.
This order is expressly conditioned upon Buyer’s acceptance to foregoing terms. Buyer is hereby put on notice that no terms additional to or deviating from the foregoing terms shall become part of the order, unless and until letter acceptance of such additional or deviating terms, signed by an office of Seller has been issued to Buyer. Buyer’s acceptance of any goods supplied by or on behalf of, Seller shall, without limitation constitute acceptance of Seller’s foregoing terms. If Buyer retains possession of the Goods for a period of ten (10) days or longer after the receipt of their shipment or makes use of the Goods at any time after their receipt, Buyer shall be deemed to have expressly assented to Seller’s foregoing terms without condition or qualification, and in so doing, Buyer shall have confirmed its express intention to waive any conditions or qualifications on Buyer’s acceptance of Seller’s offer.
All prices are Seller’s unless otherwise specifically set forth on the face side hereof.
- LIMITATION OF LIABILITY.
Full refunds are available for 30 days after purchase, partial (50%) for another 30 days. All buyers are responsible for supplying their own virtual reality system capable of accessing altspacevr including but not limited to Oculus Rift and Go, HTC Vive, and Windows Mixed Reality systems.
- DISCLAIMER OF DAMAGES.
EVENT SHOULD SELLER BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING WITHOUT LIMITATION BREACH OF ANY OBLIGATION IMPOSED ON SELLER HEREUNDER OR IN CONNECTIN HEREWITH. THE REMEDY IS LIMITED TO 50% of purchase price.
- ACCEPTANCE OF GOODS, DELIVERY AND TRANSPORTATION.
Upon buyer’s receipt of confirmation email, buyer shall immediately inspect the Goods. Unless Buyer provides Seller with written notice of any claim or shortages of or defects in the Good eight (48) hours after receipt of email, such Goods shall be deemed finally inspected, checked and accepted by Buyer. In the absence of shipping and packing instructions, Seller shall use its own discretion in choice of carrier and method of packing. Seller shall not be responsible for insuring shipments unless specifically requested by Buyer and any insurance so requested shall be at Buyer’s expenses and valuation. Seller expressly reserves the right to over ship or under ship Goods by up to twenty (20%) percent.
- NO WAIVER.
Forbearance or failure of Seller to enforce any of the terms and conditions stated herein, or to exercise any right accruing from default of Buyer, shall not affect or impair Seller’s rights neither arising from such defaults; nor shall forbearance or failure be deemed a waiver of Seller’s rights in case of any subsequent default of Buyer.
If any provision of this Agreement is unenforceable or invalid, this Agreement shall be interpreted and enforced to the greatest extent possible as if the unenforceable provision or portion had never been a part hereof.
This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of buyer and Seller provided, however, that buyer may not assign or transfer this contract, in whole or in part, except upon the prior written consent of Seller.
- GOVERNING LAW.
This Agreement shall be construed in accordance with and governed by the laws of the State of Colorado without regard to its conflict of law provisions. All actions or proceedings arising directly or indirectly here from shall be litigated only in the courts of the State of Colorado or United States federal courts located therein and the parties hereby consent to the jurisdiction and venue of such courts.
- ALTERNATIVE DISPUTE RESOLUTION
- Any dispute or claim arising from or relating to this Agreement or performance under it shall be resolved amicably through discussions between Buyer and Seller attempting in good faith to negotiate a resolution thereof; provided, however, that either buyer or Seller may seek injunctive relief from a court of proper jurisdiction where appropriate, in order to maintain the status quo while this procedure is being followed. If the parties fail to resolve any dispute arising under this Agreement, either party may seek arbitration as follows: (a) By written notice to the other party, submitting the dispute to binding arbitration, in accordance with the then-current Expedited Commercial Arbitration Rules under the American Arbitration Association, each party to bear equally the costs of the arbitration provided, however, that the other party may agree or refuse to participate in such arbitration. (b) If the parties are not successful in resolving the dispute through self-help or one of the parties refuses to participate in arbitration, the dispute shall be resolved by litigation. Any suite to require arbitration under this agreement, or to enforce judgment upon an arbitration award, may be brought in the state and federal courts of the United State America.
- ENTIRE CONTRACT:
Upon Seller’s acceptance of buyer’s order, the terms and provision set forth herein shall constitute the entire agreement between Buyer and Seller and no statement, correspondence, sample or other terms shall modify of effect terms hereof.