Terms of Use

Last Updated December 5, 2018.

Welcome to the website of HI Innovation, LLC dba Immersion Active (“HI Innovation, LLC” or “ Immersion Active”). Immersion Active is pleased to make available for your use and benefit the following website:  https://www.immersionactive.com/ (the “Site”).  Please read the following terms and conditions carefully.  By using the Site, you agree to these terms and conditions.  If you do not agree with these terms and conditions, please do not use the Site. These Terms of Use apply to your access of the Site and shall control over any other agreement you may have with Immersion Active with regard to access of use of the Site.

The internet is an evolving medium, therefore Immersion Active may need to change the Terms of Use of the Site, from time to time, in which case we will post the revised Terms of Use on this site, therefore, please check these Terms of Use periodically to inform yourself of any changes.  By continuing to use the Site, you accept these Terms of Use, including any modifications made as of the date of your use.

Immersion Active has a Privacy Policy, which you may read and access at the following link: Privacy Policy.

Copyright and Trademarks.

The Site contains material which is the property of Immersion Active, and which is protected by the United States and international copyright, trademark and other intellectual property laws.  Immersion Active® is a registered trademark of HI Innovation, LLC.  All consent posted on Site is the sole and exclusive property of Immersion Active.  You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way material from Site, including code and software underlying the Site, except as expressly permitted by Immersion Active under a separate written agreement.  You may download content from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain Immersion Active’s written consent.  Any unauthorized use of content terminates the foregoing license rights.

Third Party Vendor Access.

Immersion Active, may permit third-party vendors access to the Site.  You agree that Immersion Active and Immersion Active’s authorized third-party vendors may collect information as permitted by the Privacy Policy.  Any third-party granted access to Site must only access, use, or disclose such data to the extent necessary to perform and administer services for Immersion Active and must comply with the Privacy Policy terms as a condition of access.  This provision shall survive termination of use or access.

Disclaimer of Warranties.

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IMMERSION ACTIVE, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IMMERSION ACTIVE DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

Immersion Active shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to the Site.

Limitation of Liability.

Under no circumstances shall Immersion Active, its subsidiaries or its Affiliates, be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, or the content, or hyperlinks made available on the Site even if Immersion Active has been advised of the possibility of such damages.  You specifically acknowledge and agree that Immersion Active is not liable for any defamatory, offensive, pornographic, or illegal content posted to Site or for the conduct of any Site user. If you are dissatisfied with the Site, or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.  You agree to indemnify, defend and hold harmless Immersion Active, and all of its respective directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorney’s fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of Immersion Active or any third party content provider of the Site.

License to Submitted Content.

By posting messages, uploading files, or otherwise providing any material to us for display on the Site, you are granting Immersion Active a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Linking Policy.

Immersion Active has entered into agreements with certain third party website owners which allow us to place on such third party’s site (“Third Party Site”), and allows the third party to place on Site, a hyperlink (a “Link”) or a banner advertisement (“Banner Ad”) containing a Link which allows our respective users to connect to the home page of Third Party Site or this Site. Please note that Immersion Active is not affiliated in any way with these third parties or the Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, you have left this Site. Immersion Active has no further control over the content and materials that you will be viewing on the Third Party Site. Immersion Active is not responsible for the content, accuracy, or opinions expressed on any Third Party Site. Immersion Active will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. Immersion Active is not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the Immersion Active Privacy Policy stated on the Site is no longer in effect. Immersion Active may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.

Termination.

Immersion Active may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension, or termination, you are no longer authorized to access the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive your discontinued use of the Site.  The requirement for third-party vendors to comply with the restrictions in these Terms of Use and the Privacy Policy on the Site with regard to data access through the Site shall also survive any discontinued use of the Site.

Entire Agreement.

These Terms of Use constitute the entire agreement between Immersion Active and you with respect to your use of the Site, and all information obtained by your from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Arbitration and Waiver of Certain Rights.

In the event of any dispute, claim, question or disagreement arising from or relating to this Terms of Use or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such a solution within a period of thirty (30) days, then, upon written notice by either party to the other, disputes, claims, questions, or disagreements shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its commercial dispute resolution rules, unless you are a government agency or political subdivision in a State or jurisdiction for which binding arbitration is expressly not allowed by law.

NEITHER YOU NOR IMMERSION ACTIVE MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR IMMERSION ACTIVE’S INDIVIDUAL CLAIMS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND IMMERSION ACTIVE EACH WAIVE ANY RIGHT TO A JURY TRIAL. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO

PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF OTHER RIGHTS THAT YOU OR IMMERSION ACTIVE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section will continue in full force and effect. This section of these Terms of Use will survive the termination of your use of the Site.

General Provisions.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Nebraska, without reference to its conflicts of laws rules. You agree that any action of whatever nature arising from or relating to these Terms of Use or the Site, to the extent arbitration is not legally available, will be filed only in the state or federal courts located in Douglas County, Nebraska. You consent and submit to the personal jurisdiction of such courts for the purposes of any claim or action. Any provision of these Terms of Use that is held to be invalid or unenforceable will be deleted and replaced by a valid and enforceable provision which achieves, as far as possible, the same objectives as the severed provision was intended to achieve. The remaining provisions of these Terms of Use shall continue in full force and effect. Neither these Terms of Use, nor any terms contained herein, shall be construed as creating or constituting a partnership, joint venture or agency relationship between the parties. No failure of Immersion Active to exercise or enforce any of its rights hereunder will act as a waiver of such rights. Except as otherwise expressly provided herein, all remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.

Access to Collected Information.

If you have any questions about this Terms of Use, the practices of the Site, or your dealings with the Site, please send an e-mail to marketing@immersionactive.com or contact Immersion Active at:

HI Innovation dba Immersion Active
44 North Market Street
Frederick, Maryland 21701

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