TERMS OF SALE
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM REALD CORP.("RealD"). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
DEFINITIONS
"Product" shall mean any item offered for sale or licensing on the RealD.com Web site or RealD's direct sales materials (ads, catalogs, specifications sheets etc.), including but not limited to hardware devices, software, accessories, configurations of hardware and software.
ORDERS
All orders of Products placed by you with RealD shall be subject to acceptance by RealD. RealD reserves the right to reject any order, and/or to limit the quantities on any order. Notwithstanding any order confirmation or other communications sent by RealD, the order shall not be deemed accepted by RealD until RealD's shipment of the product ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
PAYMENT TERMS; PRICE CONFIRMATION/BILLING ERRORS
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Shipment will occur upon credit card payment confirmation to RealD. RealD accepts Mastercard, Visa, American Express and Amazon Payments. RealD does not accept cash, COD, purchase orders or personal checks unless specific arrangements have been made for business sales. RealD payment terms are subject to change without notice at RealD's sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a RealD Web site or direct sales materials are incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. RealD shall not be liable for any billing errors unless you advise us of such billing error within sixty (60) days of its transaction date.
PRODUCTS
RealD continually updates and revises Products. RealD may revise and/or discontinue Products at any time. Changes in products shipped and products described on RealD websites and/or direct sales materials are possible. RealD Products are new unless specified as refurbished.
COUPONS & PROMOTIONAL CODES
You may not use coupons or promotional codes toward the purchase of gift cards, refurbished or open-box returned product, shipping & handling or sales tax.
Coupons and promotional codes are non-transferable, may only be used once and may not be redeemed for cash or credit. Coupon and promotional code offers are void where prohibited, taxed or restricted by law. Lost coupons and promotional codes cannot be replaced. Coupon and promotional code offers are valid only in the United States, excluding territories.
Coupon/promotional code programs may be terminated or modified by RealD at any time in its sole discretion. Unless otherwise permitted by the terms of the promotional offers, limit of one coupon/promotion code per purchase applies.
RETURN POLICY
You may receive a refund by shipping the merchandise back to RealD. We provide full refunds of the purchase price when merchandise is returned in original condition with the original payment receipt within ten (10) business days.
SHIPPING AND HANDLING/RISK OF LOSS
Product prices do not include shipping and handling unless otherwise stated on the product order page. RealD will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
TAXES
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.
TRADEMARK
REALD, 3D SO BELIEVABLE IT'S UNBELIEVABLE, CRYSTALEYES, STEREOGRAPHICS, SYNTHAGRAM, ZSCREEN, and other RealD.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of RealD in the U.S. and/or other countries. RealD's trademarks and trade dress may not be used in connection with any product or service that is not RealD's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits RealD. All other trademarks not owned by RealD that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by RealD.
SOFTWARE AND WEB SITE LICENSE TERMS
Access to the RealD Web Site is subject to the Terms of Use. All software (including pre-loaded software contained in hardware) is provided subject to such software's user license agreement. You agree that you will be bound to such agreement.
LIMITED WARRANTIES
With respect to RealD’s Products, RealD makes no warranties except those explicitly provided for in writing, such as those included in any documentation relating to the product. With respect to third party (i,e,. non-RealD) Products, such Products are sold by RealD AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REALD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REALD DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM REALD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REALD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
BOTH YOURS AND REALD'S LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR REALD BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR REALD SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TITLE
Title to Product(s) other than software passes from RealD to you upon shipment from RealD's facility. Title to software shall remain with the applicable licensor(s).
GOVERNING LAW
You agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Sale and any dispute of any sort that might arise between you and RealD.
HEADINGS
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
FORCE MAJEURE
RealD shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of RealD. Quantities are subject to availability. In the event of shortage, RealD may allocate sales and deliveries in its sole discretion.
NON-WAIVER
The failure of RealD to exercise or enforce any right or provision of the Terms of Sale shall not constitute a waiver of such right or provision. If any provision of the Terms of Sale is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Sale remain in full force and effect.
SEVERABILITY
If any provision of these Terms of Sale is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Sale will remain in force.
ENTIRE AGREEMENT
These terms and conditions constitute the entire and exclusive agreement between you and RealD concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and RealD regarding the Products.
Effective Date: March 15, 2010
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