1. Introduction
These Terms and Conditions govern the purchase and use of the Just Drive Simulator including associated hardware such as Meta Quest 3 headsets, software, and educational materials (the “Simulator”), provided by The Kiefer Foundation to the purchaser of the Simulator (“Purchaser“).
BY CLICKING THE “I AGREE” BUTTON AND PLACING AN ORDER, PURCHASER (A) ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THESE TERMS AND CONDITIONS; (B) REPRESENTS THAT IT IS COMPETENT TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPTS THESE TERMS AND CONDITIONS AND AGREES THAT IT IS LEGALLY BOUND BY THE TERMS. IF PURCHASER DOES NOT AGREE TO THESE TERMS, IT SHOULD NOT CLICK THE AGREE BUTTON, AND SHOULD NOT PLACE AN ORDER FOR A SIMULATOR.
2. Payment and Delivery
Payment
All payments must be made in full prior to the dispatch of products.
Accepted payment methods include check, credit card, bank transfer, or other electronic payment methods approved by The Kiefer Foundation.
As an exception, approved government entities, educational institutions, or other qualifying organizations may submit an official purchase request in lieu of advance payment, subject to review and approval by The Kiefer Foundation. The Kiefer Foundation reserves the sole right to determine whether a purchase request will be accepted. Acceptance of a purchase request may be subject to additional verification, documentation, or agreed-upon payment terms. Unless otherwise specified in writing, payment for approved purchase orders must be received within the invoicing terms established by The Kiefer Foundation. The Kiefer Foundation reserves the right to delay shipment until purchase order approval and any required documentation have been completed.
Delivery and Inspection Upon Delivery
Estimated delivery timelines will be communicated at the time of purchase and may vary depending on product availability and shipping destination. While The Kiefer Foundation and its partners will make reasonable efforts to ensure timely delivery, delivery timelines are not guaranteed. The Kiefer Foundation is not responsible for delays caused by shipping carriers or other third parties.
Purchaser must inspect the Simulator and all components upon delivery and report any damage, defects, or missing items within five (5) business days of receipt. Failure to notify The Kiefer Foundation within this timeframe will be deemed acceptance of the shipment as delivered.
3. Warranty
Hardware components included with the Simulator are subject to the warranty policies of the hardware manufacturer. Warranty coverage, limitations, and procedures are determined solely by the hardware manufacturer. The Kiefer Foundation provides no hardware warranties beyond those offered by the hardware manufacturer. Purchasers are encouraged to review the manufacturer’s current warranty terms to ensure full understanding of warranty coverage and procedures.
Notwithstanding anything to the contrary herein, the Simulator is provided to Purchaser “AS IS” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, The Kiefer Foundation, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Simulator, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, The Kiefer Foundation provides no warranty or undertaking, and makes no representation of any kind that the Simulator will meet Purchaser’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, The Kiefer Foundation makes no warranty that the Simulator is safe for any particular individual or will achieve any educational, behavioral, or safety outcomes. Neither The Kiefer Foundation nor any of its providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Simulator, or the information, content, and materials or products included thereon; (ii) that the Simulator will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Simulator; or (iv) that the Simulator, its servers, the content, or e-mails sent from or on behalf of The Kiefer Foundation are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
4. Software License and Platform Access
The purchase of the Just Drive Simulator includes a limited software license granting access to the Just Drive Simulator application and associated data dashboard for a period of three (3) years from the date of purchase.
During this three-year licensing period, Purchaser will receive:
- Access to the Just Drive Simulator software application
- Access to the data dashboard and analytics platform
- Software updates and improvements released during the licensing period
- Remote device management and platform support necessary for operation of the Simulator
This license grants Purchaser the right to use the software solely in connection with the Just Drive Simulator hardware and educational programming provided by The Kiefer Foundation. Subject to these Terms, Purchaser may permit its employees, volunteers, contractors, students, program participants, and event attendees (collectively, “Participants“) to access and use the Simulator solely: (a) under Purchaser’s supervision and control; (b) in connection with Purchaser’s internal educational programming; and (c) in accordance with all safety requirements herein. Purchaser remains fully responsible and liable for all acts and omissions of Participants and for ensuring their compliance with these Terms. No rights are granted to Participants directly, and no ownership or license is transferred to any Participant.
Except for the limited Participant use above, Purchaser may not assign, transfer, rent, lease, lend, sell, or sub-license any rights in the Simulator without The Kiefer Foundation’s prior written consent.
At the conclusion of the initial three-year licensing period, Purchaser may be offered the opportunity to renew its software license in order to continue accessing the Just Drive Simulator application, data dashboard, and ongoing software updates. Renewal terms, pricing, and duration will be communicated by The Kiefer Foundation prior to the expiration of the initial license period.
If the software license is not renewed after the initial three-year period, access to software updates, dashboard functionality, remote device management services, and technical support will be discontinued. The Simulator application may continue to function locally with existing installed content, but no updates, enhancements, or support will be provided. The Kiefer Foundation shall have no liability for any use of the Simulator or software following expiration or termination of the software license.
5. Technical Support
Technical support for the Simulator hardware will be provided through The Kiefer Foundation’s partner VR Expert for a term of one year from the date of purchase. Technical support is limited to troubleshooting and does not include onsite setup, hardware issues, supervision, safety assessment, or training of Participants. Purchaser remains solely responsible for safe operation of the Simulator.
Support hours:
9:00 AM – 5:00 PM EST
Support contact:
Email: [email protected]
Phone: +1 (862) 445-1139
Support requests submitted outside of business hours will be addressed during the next available support window. The Kiefer Foundation may provide limited guidance regarding Simulator use and educational programming but is not responsible for technical troubleshooting beyond the support provided by VR Expert.
6. Returns, Refunds, and Order Cancellations
All sales are final.
The Kiefer Foundation does not accept returns, refunds, or exchanges for Simulator purchases. Orders may not be canceled once shipment has been initiated. Purchasers are encouraged to review all product specifications and ask any questions prior to completing a purchase.
7. Branding, Modifications, and Use Restrictions
The Just Drive Simulator, including its software, design, educational materials, and branding elements, are the intellectual property of The Kiefer Foundation.
Purchasers are not authorized to:
- Remove or alter The Kiefer Foundation branding or logos
- Modify the Simulator software or content
- Reverse engineer or replicate the simulation
- White-label the Simulator
- Resell or redistribute the Simulator
Unauthorized use, copying, or distribution may cause irreparable harm. The Kiefer Foundation may seek injunctive or other equitable relief without posting bond, in addition to any other remedies. Any modification, removal of branding, or alternative distribution requires express written permission from The Kiefer Foundation or a formal white-label licensing agreement.
8. User Responsibility, Operation and Assumption of Risk
Purchaser assumes responsibility for the safe use, supervision, and administration of the Simulator. The Just Drive Simulator utilizes virtual reality hardware manufactured by Meta (Meta Quest 3), and users should review and follow the manufacturer’s health and safety guidelines for virtual reality use. Purchaser acknowledges that VR use may involve inherent risks, including dizziness, motion sickness, disorientation, falls, and exacerbation of pre-existing conditions. Purchaser assumes all risks arising from Participant use of the Simulator.
Purchaser shall: (i) screen Participants for contraindications in accordance with device manufacturer guidance; (ii) provide clear safety instructions and warnings prior to use; (iii) ensure a safe, supervised environment with adequate space; and (iv) cease participation for any individual reporting discomfort.
The Kiefer Foundation does not supervise individual Participants and shall not be responsible for injuries, discomfort, or other outcomes related to the use or misuse of the Simulator or associated virtual reality hardware. To the extent permitted by applicable law, Purchaser will obtain from adult Participants (and, where required, from parents/guardians of minors) written acknowledgments of risks and consent to participate, and will retain such records.
9. Program Implementation and Outcomes Disclaimer
The Just Drive Simulator and related educational materials are provided as awareness and educational tools. The Kiefer Foundation does not guarantee any specific outcomes, behavioral changes, or safety improvements resulting from the use of the Simulator.
Purchaser is solely responsible for the implementation, supervision, and administration of any program or activity utilizing the Simulator, including ensuring that the Simulator is used in accordance with applicable policies, safety guidelines, and educational objectives.
The Kiefer Foundation shall not be responsible for Purchaser’s failure to properly implement or administer programs utilizing the Simulator.
10. Data Collection and Privacy
The Just Drive Simulator collects limited usage data and program feedback information to support program evaluation, product improvement, and reporting on program effectiveness.
The data collected may include:
- Simulator usage statistics
- Anonymized pre- and post-experience survey responses
- Device identification information such as the Simulator’s hardware serial number
The Just Drive Simulator does not collect, store, or process personally identifiable information (PII) from Participants. No names, contact information, or other identifying personal data are required to use the Simulator. Purchaser shall not attempt to input PII into the Simulator where fields are not designed for such data.
All data collected through the Simulator is anonymized and aggregated and may be used by The Kiefer Foundation to:
- Improve the Simulator experience and educational programming
- Analyze usage trends and engagement metrics
- Evaluate program effectiveness
- Support research, reporting, grant documentation, and impact measurement
Data collected through the Simulator is not sold or shared for commercial marketing purposes.
Purchasers acknowledge that anonymized program data may be included in aggregated reports, dashboards, or program evaluations produced by The Kiefer Foundation. Purchasers are responsible for ensuring that their use of the Simulator and any associated survey participation complies with their own institutional policies regarding student or Participant participation in program evaluations. If Purchaser collects or processes any personal data (including names or contact information) in connection with Participant use of the Simulator or related surveys administered by Purchaser, Purchaser does so as an independent controller and is solely responsible for all required notices, consents, parental permissions, and compliance with applicable privacy, student, and consumer protection laws. The Kiefer Foundation has no responsibility for Purchaser-collected data.
11. Limitation of Liability
To the fullest extent permitted by law, The Kiefer Foundation and its agents, employees, contractors, suppliers, assigns, etc., shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including any damages arising from or related to the purchase, use, misuse, or inability to use the Just Drive Simulator. This includes but is not limited to:
- personal injury
- property damage
- loss of data
- loss of program revenue
- operational disruptions
The Kiefer Foundation’s total liability, if any, shall not exceed the purchase price of the Simulator. Notwithstanding any other provision of these Terms and Conditions, in no event shall The Kiefer Foundation be liable for any amounts arising out of any act or omission of any third party.
The limitations and exclusions in this Section apply to all claims by Purchaser and by any Participant or third party claiming through or on behalf of Purchaser or a Participant. Purchaser acknowledges these limitations are an essential basis of the bargain.
12. Indemnification and Governing Law
Indemnification by Purchaser
To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless The Kiefer Foundation and its officers, directors, employees, contractors, licensors, and partners from and against any and all claims, demands, actions, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Participant or third-party bodily injury, death, or property damage in connection with the Simulator; (b) Purchaser’s or any Participant’s use, misuse, setup, transport, storage, or operation of the Simulator; (c) Purchaser’s breach of these Terms or violation of law; (d) failure to follow safety or manufacturer guidelines; (e) any content, data, or services provided by Purchaser in connection with the Simulator; and (f) any claim by a Participant against The Kiefer Foundation.
The Kiefer Foundation may tender the defense to Purchaser, and Purchaser shall retain qualified counsel reasonably acceptable to The Kiefer Foundation. Purchaser shall not settle any claim imposing any admission, obligation, or injunctive relief on The Kiefer Foundation without its prior written consent.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Michigan, United States. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located within the State of Michigan.
Dispute Resolution
Prior to bringing any legal action, the party asserting a legal dispute must provide written notice of the claimed dispute and allow 15 days for a good faith meet and confer between the parties. If such meet and confer is not successful, the matter must be submitted to mandatory pre-filing mediation through JAMS Detroit or such other private mediator to which the parties mutually agree. Only after both the good faith meet and confer and an unsuccessful mediation may arbitration commence. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including but not limited to the interpretation of enforcement or any of the parties’ rights or obligations under this Agreement and this agreement to arbitrate, shall be resolved by binding arbitration through JAMS Detroit before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and in accordance with the Expedited Procedures in those Rules. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. The arbitrator’s award may be confirmed and entered as a final judgment in the aforesaid courts and enforced in accordance with the arbitration statutes of the State of Michigan. The arbitration, filings, and award shall be confidential to the maximum extent permitted. The parties irrevocably submit to personal jurisdiction of any State court in Michigan in any action or other legal proceeding to enforce any award made by the arbitrators.
Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive relief in any court of competent jurisdiction to protect its intellectual property or prevent unauthorized use or disclosure of confidential information.
13. Force Majeure
The Kiefer Foundation shall not be liable for any delay or failure to perform its obligations under these Terms and Conditions if such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, supply chain disruptions, transportation delays, pandemics, or other unforeseen circumstances. Force Majeure shall not excuse Purchaser’s obligation to pay amounts due.
14. Compliance; Insurance
Purchaser is solely responsible for compliance with all applicable laws, regulations, institutional policies, and venue requirements relating to the use of the Simulator, including requirements applicable to minors, disability accommodations, and informed consent.
Purchaser shall, at its expense, maintain during the license term commercial general liability insurance with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate (or equivalent under governmental self-insurance), naming The Kiefer Foundation as an additional insured for activities involving the Simulator, and shall provide certificates upon request.
15. Waiver
Except as provided herein, the failure of The Kiefer Foundation to exercise a right or to require performance of an obligation under this Agreement shall not affect The Kiefer Foundation’s ability to exercise such right or any other right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. Any waiver must be in a signed writing expressly referencing the waived provision.
16. Changes to Terms and Conditions
The Kiefer Foundation reserves the right to modify these Terms and Conditions at any time. Updated versions will be published on the organization’s website and will become effective immediately upon posting.
17. Contact Information
For any questions regarding these Terms and Conditions, please contact: [email protected]
18. Entire Agreement
These Terms and Conditions constitute the entire agreement between Purchaser and The Kiefer Foundation regarding the purchase and use of the Just Drive Simulator and supersede any prior communications, representations, or agreements, whether written or verbal. If any provision of these Terms and Conditions is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
By placing an order and clicking “I AGREE,” Purchaser acknowledges that it has read and agrees to these Terms and Conditions.
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