Agreement betweenUser and really-virtual.com
Welcome to really-virtual.com. The really-virtual.comwebsite (the "Site") is comprised of various web pages operated byReally-Virtual Corporation ("Really-Virtual"). really-virtual.com isoffered to you conditioned on your acceptance without modification of theterms, conditions, and notices contained herein (the "Terms"). Youruse of really-virtual.com constitutes your agreement to all such Terms. Pleaseread these terms carefully, and keep a copy of them for your reference.
really-virtual.com is an E-Commerce Site.
This website provides information on products and servicesprovided by Really-Virtual. This includes the Real-Forklift product line ofvirtual reality forklift simulators. This website also is Really-Virtual'sresource for news, products and services updates.
Visiting really-virtual.com or sending emails toReally-Virtual constitutes electronic communications. You consent to receiveelectronic communications and you agree that all agreements, notices,disclosures and other communications that we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communicationsbe in writing.
If you use this site, you are responsible for maintainingthe confidentiality of your account and password and for restricting access toyour computer, and you agree to accept responsibility for all activities thatoccur under your account or password. You may not assign or otherwise transferyour account to any other person or entity. You acknowledge that Really-Virtualis not responsible for third party access to your account that results fromtheft or misappropriation of your account. Really-Virtual and its associatesreserve the right to refuse or cancel service, terminate accounts, or remove oredit content in our sole discretion.
Really-Virtual does not knowingly collect, either online oroffline, personal information from persons under the age of thirteen. If youare under 18, you may use really-virtual.com only with permission of a parent orguardian.
Links to Third PartySites/Third Party Services
really-virtual.com may contain links to other websites("Linked Sites"). The Linked Sites are not under the control ofReally-Virtual and Really-Virtual is not responsible for the contents of anyLinked Site, including without limitation any link contained in a Linked Site,or any changes or updates to a Linked Site. Really-Virtual is providing theselinks to you only as a convenience, and the inclusion of any link does notimply endorsement by Really-Virtual of the site or any association with itsoperators.
Certain services made available via really-virtual.com aredelivered by third party sites and organizations. By using any product, serviceor functionality originating from the really-virtual.com domain, you herebyacknowledge and consent that Really-Virtual may share such information and datawith any third party with whom Really-Virtual has a contractual relationship toprovide the requested product, service or functionality on behalf ofreally-virtual.com users and customers.
No Unlawful orProhibited Use/Intellectual Property
All content included as part of the Service, such as text,graphics, logos, images, as well as the compilation thereof, and any softwareused on the Site, is the property of Really-Virtual or its suppliers andprotected by copyright and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright and otherproprietary notices, legends or other restrictions contained in any suchcontent and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the content, in whole or in part, found on the Site.Really-Virtual content is not for resale. Your use of the Site does not entitleyou to make any unauthorized use of any protected content, and in particularyou will not delete or alter any proprietary rights or attribution notices inany content. You will use protected content solely for your personal use, andwill make no other use of the content without the express written permission ofReally-Virtual and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses,express or implied, to the intellectual property of Really-Virtual or ourlicensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered byReally-Virtual from our offices within the USA. If you access the Service froma location outside the USA, you are responsible for compliance with all locallaws. You agree that you will not use the Really-Virtual Content accessedthrough really-virtual.com in any country or in any manner prohibited by anyapplicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmlessReally-Virtual, its officers, directors, employees, agents and third parties,for any losses, costs, liabilities and expenses (including reasonableattorney's fees) relating to or arising out of your use of or inability to usethe Site or services, any user postings made by you, your violation of anyterms of this Agreement or your violation of any rights of a third party, oryour violation of any applicable laws, rules or regulations. Really-Virtualreserves the right, at its own cost, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you, in whichevent you will fully cooperate with Really-Virtual in asserting any available defenses.
In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator'saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding orarbitration arises out of or concerns these Terms and Conditions, theprevailing party shall be entitled to recover its costs and reasonableattorney's fees. The parties agree to arbitrate all disputes and claims inregards to these Terms and Conditions or any disputes arising as a result ofthese Terms and Conditions, whether directly or indirectly, including Tortclaims that are a result of these Terms and Conditions. The parties agree thatthe Federal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will takeplace on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you andReally-Virtual agree otherwise, the arbitrator may not consolidate more thanone person's claims, and may not otherwise preside over any form of arepresentative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDEDIN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICALERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.REALLY-VIRTUAL CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/ORCHANGES IN THE SITE AT ANY TIME.
REALLY-VIRTUAL CORPORATION AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONOF ANY KIND. REALLY-VIRTUAL CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIMALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES ORCONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE ANDNON-INFRINGEMENT.
Really-Virtual reserves the right, in its sole discretion,to terminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of Georgia and you herebyconsent to the exclusive jurisdiction and venue of courts in Georgia in alldisputes arising out of or relating to the use of the Site. Use of the Site isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, oragency relationship exists between you and Really-Virtual as a result of thisagreement or use of the Site. Really-Virtual's performance of this agreement issubject to existing laws and legal process, and nothing contained in thisagreement is in derogation of Really-Virtual's right to comply withgovernmental, court and law enforcement requests or requirements relating toyour use of the Site or information provided to or gathered by Really-Virtualwith respect to such use. If any part of this agreement is determined to beinvalid or unenforceable pursuant to applicable law including, but not limitedto, the warranty disclaimers and liability limitations set forth above, thenthe invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the originalprovision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and Really-Virtual withrespect to the Site and it supersedes all prior or contemporaneouscommunications and proposals, whether electronic, oral or written, between theuser and Really-Virtual with respect to the Site. A printed version of thisagreement and of any notice given in electronic form shall be admissible injudicial or administrative proceedings based upon or relating to this agreementto the same extent and subject to the same conditions as other businessdocuments and records originally generated and maintained in printed form. Itis the express wish to the parties that this agreement and all relateddocuments be written in English.
Changes to Terms
Really-Virtual reserves the right, in its sole discretion,to change the Terms under which really-virtual.com is offered. The most currentversion of the Terms will supersede all previous versions. Really-Virtualencourages you to periodically review the Terms to stay informed of ourupdates.
Really-Virtual welcomes your questions or comments regardingthe Terms:
2 E. Bryan Street, Ste 100B
Savannah, Georgia 31401
Effective as of January 01, 2023
Collection of yourPersonal Information
Really-Virtual may collect anonymous demographicinformation, which is not unique to you, such as your:
- Height,handedness, visual acuity
We do not collect any personal information about you unlessyou voluntarily provide it to us. However, you may be required to providecertain personal information to us when you elect to use certain products orservices. These may include: (a) registering for an account; (b) entering asweepstakes or contest sponsored by us or one of our partners; (c) signing upfor special offers from selected third parties; (d) sending us an email message;(e) submitting your credit card or other payment information when ordering andpurchasing products and services. To wit, we will use your information for, butnot limited to, communicating with you in relation to services and/or productsyou have requested from us. We also may gather additional personal ornon-personal information in the future.
Sharing Informationwith Third Parties
Really-Virtual does not sell, rent or lease its customerlists to third parties.
Really-Virtual may share data with trusted partners to helpperform statistical analysis, send you email or postal mail, provide customersupport, or arrange for deliveries. All such third parties are prohibited fromusing your personal information except to provide these services toReally-Virtual, and they are required to maintain the confidentiality of yourinformation.
Really-Virtual may disclose your personal information,without notice, if required to do so by law or in the good faith belief thatsuch action is necessary to: (a) conform to the edicts of the law or complywith legal process served on Really-Virtual or the site; (b) protect and defendthe rights or property of Really-Virtual; and/or (c) act under exigentcircumstances to protect the personal safety of users of Really-Virtual, or thepublic.
Security of yourPersonal Information
Really-Virtual secures your personal information fromunauthorized access, use, or disclosure. Really-Virtual uses the followingmethods for this purpose:
When personal information (such as a credit card number) istransmitted to other websites, it is protected through the use of encryption,such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protectagainst unauthorized access to or alteration of your personal information.Unfortunately, no data transmission over the Internet or any wireless networkcan be guaranteed to be 100% secure. As a result, while we strive to protectyour personal information, you acknowledge that: (a) there are security andprivacy limitations inherent to the Internet which are beyond our control; and(b) security, integrity, and privacy of any and all information and dataexchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of averifiable request from you, we will:
• Delete your personal information from ourrecords; and
• Direct any service providers to delete yourpersonal information from their records.
Please note that we may not be able to comply with requeststo delete your personal information if it is necessary to:
• Complete the transaction for which thepersonal information was collected, fulfill the terms of a written warranty orproduct recall conducted in accordance with federal law, provide a good orservice requested by you, or reasonably anticipated within the context of ourongoing business relationship with you, or otherwise perform a contract betweenyou and us;
• Detect security incidents, protect againstmalicious, deceptive, fraudulent, or illegal activity; or prosecute thoseresponsible for that activity;
• Debug to identify and repair errors thatimpair existing intended functionality;
• Exercise free speech, ensure the right ofanother consumer to exercise his or her right of free speech, or exerciseanother right provided for by law;
• Comply with the California ElectronicCommunications Privacy Act;
• Engage in public or peer-reviewedscientific, historical, or statistical research in the public interest thatadheres to all other applicable ethics and privacy laws, when our deletion ofthe information is likely to render impossible or seriously impair theachievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that arereasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation;or
• Otherwise use your personal information,internally, in a lawful manner that is compatible with the context in which youprovided the information.
Really-Virtual does not knowingly collect personallyidentifiable information from children under the age of thirteen. If you areunder the age of thirteen, you must ask your parent or guardian for permissionto use this application.
From time to time, Really-Virtual may contact you via emailfor the purpose of providing announcements, promotional offers, alerts,confirmations, surveys, and/or other general communication. In order to improveour Services, we may receive a notification when you open an email fromReally-Virtual or click on a link therein.
If you would like to stop receiving marketing or promotionalcommunications via email from Really-Virtual, you may opt out of suchcommunications by clicking on the UNSUBSCRIBE button or contact us directly..
External Data StorageSites
We may store your data on servers provided by third partyhosting vendors with whom we have contracted.
Changes to thisStatement
Really-Virtual welcomes your questions or comments regardingthis Statement of Privacy. If you believe that Really-Virtual has not adheredto this Statement, please contact Really-Virtual at:
2 E. Bryan Street, Ste 100B
Savannah, Georgia 31401
Effective as of January 01, 2023