Last Updated: March 2026 | Governing Jurisdiction: California, USA
NOTICE FOR ENTERPRISE AND CORPORATE CUSTOMERS: These Terms govern individual consumer subscriptions only. Enterprise and corporate customers whose access is governed by a signed Order Form are subject exclusively to the Immerse Enterprise Terms of Service, available at immerse.com/legal/enterprise-terms. If you are an enterprise customer, please disregard these Consumer Terms and refer to the Enterprise Terms instead.
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PLEASE READ THESE CONSUMER TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”, “YOU” OR “YOUR”) AND IMMERSE INC. (“IMMERSE,” “COMPANY,” “WE” OR “US”) FOR YOUR INDIVIDUAL, CONSUMER USE OF THE SERVICES.
By completing the account registration process and/or accessing or browsing Immerse on https://www.immerse.online/ or any other website with an authorized link to this Agreement (“Website”), downloading or accessing our Immerse virtual reality application (“Application”), or accessing or using any content, information, services, features, music, images, video, text or any other resources or materials related to Immerse or made available via the Website or Application (collectively, the “Services”), you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally; and (4) acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. If you do not agree to be bound by this Agreement, you may not access, copy, install or use the Services.
PLEASE NOTE: IF YOU SUBSCRIBE TO THE SERVICES FOR A SUBSCRIPTION TERM, WHETHER DIRECTLY, THROUGH A FREE TRIAL, OR BY APPLYING A VALID PROMOTIONAL CODE, THEN YOUR SUBSCRIPTION AND THIS AGREEMENT WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE BILLING PERIODS AT IMMERSE’S THEN-CURRENT PRICING UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 4(c) BELOW.
PLEASE NOTE: SECTION 14 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 14 FOR MORE INFORMATION AND HOW TO OPT OUT.
Immerse reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.
The Application, the Website, the Services and the information and content available on them (each, an “Immerse Property” and collectively, the “Immerse Properties”) are protected by copyright and intellectual property laws throughout the world and are owned by the Company or third parties. You agree not to make any use of the Immerse Properties that would infringe any intellectual property rights.
Subject to this Agreement, Immerse grants you a limited license to use portions of Immerse Properties in digital form for the sole purpose of using the Services for your personal, non-commercial educational purposes. You represent, warrant and agree that you are using the Immerse Properties for your own personal, non-commercial educational use and not for redistribution or transfer of any kind.
1.1 Application License
Subject to your compliance with this Agreement, Immerse grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a compatible virtual reality device that you own or control and to run such copy of the Application solely for your own personal, non-commercial educational purposes.
1.2 Updates
You understand that Immerse Properties are evolving. Immerse may require you to accept updates to Immerse Properties that you have installed on your device. You acknowledge and agree that Immerse may update Immerse Properties with or without notifying you. You may need to update third-party software from time to time in order to use Immerse Properties.
1.3 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions. You shall not:
Any future release, update or other addition to Immerse Properties shall be subject to this Agreement. Immerse, its suppliers and service providers reserve all rights not granted in this Agreement. Any unauthorized use of any Immerse Property terminates the licenses granted by Immerse pursuant to this Agreement.
1.4 Third-Party Materials
As a part of Immerse Properties, you may have access to materials hosted by another party. You agree that it is impossible for Immerse to monitor such materials and that you access these materials at your own risk.
Our application utilizes Artificial Intelligence (AI) technology, including technology provided by OpenAI and other third-party services. This technology is used to enhance user interaction within our application.
2.1 Machine-Driven Interaction
The AI component within our application is not a human operator, but a machine learning model. While we aim to provide accurate and useful interactions, information or advice provided by the AI may not always be completely accurate or applicable. AI content is provided for educational purposes only and should not be relied upon as professional, legal, or medical advice.
2.2 Data Collection and AI Use
By interacting with the AI feature in our application, you agree to the data usage policy outlined in our Privacy Policy. The AI component uses user inputs to provide relevant responses and improve the quality of the interaction. We implement measures to anonymize and protect your data. Please note that your data may also be subject to the data usage policies of our third-party AI providers.
2.3 Enterprise-Grade Data Protection
For individual consumer accounts, Immerse employs automated filters to strip Personally Identifiable Information (PII) from user prompts before they are processed by external AI sub-processors. Your inputs are not used to train third-party foundation models.
2.4 Liability for AI Content
We strive to provide a useful and enjoyable AI service, but we cannot be held responsible for any actions taken based on information or advice given by the AI. The AI should be used as a tool and not a definitive source of information.
2.5 Prohibited AI Conduct
Users are expected to use the AI tool responsibly. Prohibited conduct includes:
2.6 AI Intellectual Property
We do not claim ownership of the content generated by the AI tool in our application. Intellectual property rights for AI outputs remain with you, the user, subject to the terms of this Agreement.
2.7 Aggregate Data
Notwithstanding anything to the contrary, Immerse shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies, and Immerse will be free to: (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes; and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
3.1 Registering Your Account
In order to access certain features of Immerse Properties you may be required to become a Registered User. A “Registered User” is a User who signs up for an authorized Immerse account.
3.2 Registration Data
In registering an account, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update that information to keep it true, accurate, current and complete. You represent that you are: (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using Immerse Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Immerse Properties by minors. You may not share your Account or password with anyone, and you agree to: (i) notify Immerse immediately of any unauthorized use of your password or any other breach of security; and (ii) exit from your Account at the end of each session.
Immerse reserves the right to remove or reclaim any usernames at any time and for any reason, including claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Immerse Properties if you have been previously removed by Immerse, or if you have been previously banned from any Immerse Properties.
3.3 Account Ownership
You acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Immerse.
3.4 Necessary Equipment
You must provide all equipment necessary to connect to Immerse Properties, including but not limited to, a desktop or laptop device and/or a headset suitable to connect with and use Immerse Properties. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing Immerse Properties; and (ii) reading and following any instructions provided by the manufacturer of your virtual reality headset prior to connecting to Immerse Properties and using the Services.
4.1 Subscription Fees
You will be responsible for payment of the applicable Subscription Fee at the time you create your Account and select your subscription package. Except as set forth in this Agreement, all Subscription Fees for the Services are non-refundable. All Subscription Fee payments are processed through Stripe or the applicable App Store (Oculus Store, Apple App Store, Google Play Store) and their third-party service providers. By subscribing to the Services, you agree to be bound by Stripe’s and/or the applicable App Store’s Privacy Policy and Terms of Service.
4.2 App Stores
You acknowledge and agree that the availability of the Application and the Services may be dependent on the third party from whom you received the Application license (each, an “App Store”). You acknowledge that this Agreement is between you and Immerse and not with the App Store. You must pay all fees charged by the App Store in connection with Immerse Properties. Your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store.
4.3 Automatic Renewal
Your subscription to the Services will continue indefinitely until terminated in accordance with this Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew on the first day following the end of such period and continue for successive billing cycles, at Immerse’s then-current price for such subscription. Your Account will be subject to this automatic renewal feature unless you cancel your subscription before your Renewal Commencement Date.
4.4 Cancellation
If you want to change or terminate your subscription, please log in and go to your “Account Settings” page to modify your subscription. If you do not wish your Account to renew automatically, you must cancel before the end of your billing cycle or by contacting support@immerse.com. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
If Immerse does not receive payment from your payment provider, you will receive an email notification regarding the failed payment. If action is not taken to update your payment method within 2 days of the first charge attempt, Immerse may terminate your subscription and require you to subscribe to a new plan in order to complete payment and receive access to the platform.
4.5 Free Trials
We may offer you a free trial period to access the Services free of charge until the earlier of: (a) the end of the free trial period; or (b) the start date of your paid subscription. We may require that you enroll as a Registered User and add a valid payment method to activate the free trial. At the end of the Free Trial Period, your subscription will automatically renew at our then-current pricing unless you cancel your subscription before the end of the Free Trial Period. If you cancel during the Free Trial Period, all of your data in the Services may be permanently deleted and we have no obligation to recover it.
4.6 Promotional Codes
Immerse may make available promotional codes subject to this Agreement. Each Promotional Code provides access to the Services specified in its description at the discounted price advertised, beginning the moment you confirm your acceptance of the Promotional Code by submitting valid payment details, for the period specified. Eligible Users may accept and apply a Promotional Code only once. Unless you cancel before the end of the Promotional Period, you will automatically become a recurring subscriber at the then-current subscription price.
4.7 Taxes
Immerse’s fees are net of any applicable Sales Tax. If any Services or payments for any Services under this Agreement are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Immerse, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Immerse for any liability or expense we may incur in connection with such Sales Tax.
5.1 Types of Content
You acknowledge that all Content, including Immerse Properties, is the sole responsibility of the party from whom such Content originated. You, and not Immerse, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through Immerse Properties (“Your Content”).
5.2 No Obligation to Pre-Screen Content
Immerse has no obligation to pre-screen Content, although Immerse reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.
5.3 Storage
Unless expressly agreed to by Immerse in writing, Immerse has no obligation to store any of Your Content. Immerse has no responsibility or liability for the deletion or accuracy of any Content, the failure to store, transmit or receive transmission of Content, or the security, privacy, storage, or transmission of other communications originating with or involving use of Immerse Properties.
5.4 Recordings
Your instructor may choose to record any session or course that you participate in through the Services. By using the Services, you are giving Immerse consent to store Recordings if stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave or exit the session or course.
6.1 Immerse Properties
Except with respect to Your Content and User Content, you agree that Immerse and its suppliers own all rights, title and interest in Immerse Properties. Any Immerse graphics, logos, service marks and trade names are the trademarks of Immerse and may not be used without permission.
6.2 License to Your Content
You hereby grant Immerse a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing Immerse Properties to you and to our other Users.
6.3 Your Profile
Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by Immerse in its sole discretion. You may not post a photograph of another person without that person’s permission.
6.4 Feedback
You agree that submission of any ideas, suggestions, documents, and/or proposals to Immerse (“Feedback”) is at your own risk and that Immerse has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to Immerse a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, in connection with the operation, improvement and maintenance of Immerse Properties.
7.1 General Conduct
In connection with your use of Immerse Properties, you shall not:
7.2 Virtual Conduct
As a social VR and streaming environment, the Immerse Properties require a higher standard of behavioral compliance than traditional 2D software. Prohibited behaviors include:
7.3 Ratings and Reviews
The Services may allow users to post reviews, ratings and comments. You are solely responsible for any content contained therein. You agree: (i) to base any rating or review only on your first-hand experience with the applicable Service; (ii) you will not provide a rating or review for any Service with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits; and (iv) your review will comply with the terms of this Agreement.
7.4 Investigations
Immerse may, but is not obligated to, monitor or review Immerse Properties and Content at any time. If Immerse becomes aware of any possible violations by you of any provision of this Agreement, Immerse reserves the right to investigate such violations, and Immerse may, at its sole discretion, immediately terminate your license to use Immerse Properties, or change, alter or remove Your Content, without prior notice to you.
7.5 Interactions with Other Users
You are solely responsible for your interactions with other Users and any other parties with whom you interact. Immerse reserves the right, but has no obligation, to intercede in such disputes. You agree that Immerse will not be responsible for any liability incurred as the result of such interactions.
8.1 Third-Party Websites and Applications
Immerse Properties may contain links to third-party websites and applications. When you click on a link to a third-party website or application, we will not warn you that you have left Immerse Properties and you are subject to the terms and conditions of another website or destination. Immerse is not responsible for any third-party websites or applications. You use all links in third-party websites and applications at your own risk.
8.2 App Stores
You acknowledge and agree that the availability of the Application and the Services may be dependent on the third party from whom you received the Application license, e.g., the Meta Quest Store, Apple App Store, or Google Play Store. You must comply with all terms of agreement imposed by the applicable App Store when using any Immerse Property.
ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING IMMERSE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, SUCH AS OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.
You agree to indemnify and hold Immerse, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (collectively, the “Immerse Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Immerse Property; (c) your violation of this Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations.
Immerse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Immerse in asserting any available defenses. This provision does not require you to indemnify any of the Immerse Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, gross negligence or willful misconduct. You agree that the provisions in this section will survive any termination of your Account, this Agreement and/or your access to Immerse Properties.
YOUR USE OF IMMERSE PROPERTIES IS AT YOUR SOLE RISK. IMMERSE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. IMMERSE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IMMERSE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) IMMERSE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF IMMERSE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF IMMERSE PROPERTIES WILL BE ACCURATE OR RELIABLE.
THE SERVICES ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON INFORMATION OR PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL CERTIFICATIONS OR CREDENTIALS. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
FROM TIME TO TIME, IMMERSE MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT IMMERSE’S SOLE DISCRETION.
12.1 Disclaimer of Certain Damages
IN NO EVENT SHALL THE IMMERSE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT IMMERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF IMMERSE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
12.2 Cap on Liability
UNDER NO CIRCUMSTANCES WILL THE IMMERSE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO IMMERSE BY YOU DURING THE SIX (6) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED US DOLLARS (U.S. $100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAWS.
12.3 No Liability for Conduct of Third Parties or Other Users
IMMERSE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD IMMERSE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF IMMERSE PROPERTIES.
12.4 California and New Jersey Residents
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE, AS APPLICABLE, THESE STATUTORY PROVISIONS.
12.5 Basis of the Bargain
The limitations of damages set forth above are fundamental elements of the basis of the bargain between Immerse and you.
It is Immerse’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Immerse by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on Immerse Properties in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information:
Contact information for Immerse’s Copyright Agent: support@immerse.online.
14.1 Applicability of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Immerse, will be resolved by binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify; and (2) you or Immerse may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
14.2 Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitration will be conducted in Orange County, California unless the parties mutually agree otherwise.
14.3 Authority of Arbitrator
The arbitrator shall have exclusive authority to determine the scope and enforceability of this Arbitration Agreement and to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law. The award of the arbitrator is final and binding upon you and us.
14.4 Waiver of Jury Trial
YOU AND IMMERSE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. YOU AND IMMERSE ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION AGREEMENT.
14.5 Waiver of Class or Other Non-Individualized Relief
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
14.6 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@immerse.online, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Immerse username (if any), the email address you used to set up your Immerse account, and an unequivocal statement that you want to opt out of this Arbitration Agreement.
14.7 Severability and Survival
If any part of this Arbitration Agreement is found under the law to be invalid or unenforceable, then such specific part shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of your relationship with Immerse.
15.1 Term
This Agreement commences on the date when you accept it and remains in full force and effect while you use Immerse Properties, unless terminated earlier in accordance with this Agreement.
15.2 Termination of Services by Immerse
The Subscription Fees for any Services shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of this Agreement, or if Immerse is required to do so by law, Immerse has the right to, immediately and without notice, suspend or terminate any Services provided to you.
15.3 Termination of Services by You
If you want to terminate the Services provided by Immerse, you may do so in accordance with Section 4.4 above. The Services will continue at the end of each subscription period unless you cancel your subscription in accordance with the procedure set forth in Section 4.4.
15.4 Effect of Termination
Termination of any Services includes removal of access to such Services and barring of further use of the Services. Termination of all Services may result in the deletion of your password and all related information and Content associated with or inside your Account, including Your Content. All provisions of this Agreement which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
16.1 Violations
If Immerse becomes aware of any possible violations by you of this Agreement, Immerse reserves the right to investigate such violations. If, as a result of the investigation, Immerse believes that criminal activity has occurred, Immerse reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.
16.2 Breach
In the event that Immerse determines, in its sole discretion, that you have breached any portion of this Agreement, or have otherwise demonstrated conduct inappropriate for Immerse Properties, Immerse reserves the right to:
Immerse Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. Immerse Properties are controlled and offered by Immerse from its facilities in the United States of America. Those who access or use Immerse Properties from other countries do so at their own volition and are responsible for compliance with local law.
18.1 Electronic Communications
The communications between you and Immerse may take place via electronic means. For contractual purposes, you: (a) consent to receive communications from Immerse in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Immerse provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
18.2 Assignment
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Immerse’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. Immerse may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets without your consent.
18.3 Force Majeure
Immerse shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.4 Governing Law
This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
18.5 Exclusive Venue
To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Immerse agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in Orange County, California.
18.6 Export Control
You may not use, export, import, or transfer Immerse Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Immerse Properties, and any other applicable laws. In particular, Immerse Properties may not be exported or re-exported into any United States embargoed countries, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
18.7 Notice
Where Immerse requires that you provide an e-mail address, you are responsible for providing Immerse with your most current e-mail address. You may give notice to Immerse by emailing support@immerse.online.
18.8 Waiver
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
18.9 Severability
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
18.10 Entire Agreement
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Enterprise and corporate customers are governed exclusively by the Immerse Enterprise Terms of Service, available at immerse.com/legal/enterprise-terms, which supersedes this Agreement for such customers.
18.11 Contact
If you have any questions, complaints or claims with respect to Immerse Properties, please contact us at support@immerse.online or visit https://www.immerse.online/contact.
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