Terms of Service

Last Updated on February 13, 2026

Acceptance of Terms of Service and Privacy Policy

In consideration for accessing and using theimago.io app.theimago.io and accessmyevent.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms of Service (these “TOS”) located at theimago.io/terms-of-service/ and [:StudioName:].accessmyevent.com/terms-of-service and the Privacy Policy located at: theimago.io/privacy-policy/ and [:StudioName:].accessmyevent.com/privacy-policy (the “Privacy Policy”). The terms of these TOS and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site and your relationship with Imago Imaging, LLC (“imago,” “the company,” “us,” “we,” or “our”).

Modifications to Terms of Service and Privacy Policy

You understand that the terms of these TOS and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or email or other written notification to you, whichever comes first.

If you disagree with any modification to the TOS or Privacy Policy, you must notify imago in writing within the ten-day (10) time period described above and immediately discontinue use of any Site services.

Communication

By signing up for our Site services, you agree that we may contact you using the contact information that you provide to us.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Payment of Fees

We may charge you for services in conjunction with using the Site, including the fees at the tier level as provided on our Site. You may make payments for purchases made through the Site by various methods, which may include ACH (electronic bank) transfer and valid credit card. We reserve the right to expand or limit its payment options. We do not accept nor receive any financial account or bank card information. All such information is received and processed by our payment processor. You further agree that any liability that may arise from or relate to the payment processing, you will hold us harmless.

In conjunction with each payment you make through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that imago is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default

Billing and money flow

Subscriptions – Your debit or credit card on file will be charged in advance based on the terms of your subscription. You may access your payment history from within your account by going to “Reports,” then “Accounting Reports,” and finally “Account Statement.”

Service Fees – Depending upon your tier of services, you will pay imago a service fee based on a percentage of your sales using the Site services. Such amounts will be collected by the payment processor and remitted directly to imago. You are solely responsible for verifying the funds received by you and portions paid to us are accurate. If you believe there is any inaccuracy, you agree to inform us no later than thirty (30) days after a payment is made. If you do not inform us within such period of time, the service fee payment shall be deemed accurate, final, and earned. Service fee payments are final and not subject to refund, offset, credit, or deduction.

Money Flow – When a consumer makes a purchase, the imago service fee, fulfillment fee, and any sales tax remitted by imago is subtracted and your revenue is paid out to you daily. The credit card processor will deduct credit card transaction fees as a separate transaction from the bank account you setup for payouts. The calculation of imago’s service fee is based on the gross amount of the initial purchase less any sales tax calculated.

Chargebacks – In the case of a chargeback from one of your clients, the studio is responsible for resolving and bearing the full cost of any credit card chargebacks or payment disputes.

Refunds – If you decide to issue a refund, the refund amount will be subtracted from any available revenue balance you have accumulated that day. If there is not sufficient revenue that day to cover the refund, then the refund will be deducted from the attached bank account. If there are insufficient funds in the attached bank account, unless your bank allows you to overdraft, you will not be allowed to process a refund.

Sales Tax – Unless notified, you are responsible to collect and remit sales tax for your sales on the imago platform. If imago collects sales tax, the amount will be automatically calculated and imago’s payment processor and/or tax remitting partner will retain the sales tax and will remit the sales tax based upon the information you provide imago on what you are selling. You will be able to download reports that detail each transaction, the sales tax collected and remitted.

Shipping Charges – For orders you sell on imago and where you fulfill the orders, shipping charges are paid to the studio daily. For orders that you choose to have imago fulfill, imago will retain the sales tax and shipping charge in order to fulfill the order to your clients.

Refund Policy

All fees and service fees paid to imago or otherwise associated with your use of the Site are non-refundable. If you choose to issue any refund to your customers, you are solely responsible for such refunds and acknowledge and agree that all royalties remitted to imago are non-refundable.

Renewal Policy

Your services will continue to be automatically renewed based on the same length of time as your original subscription unless you cancel by logging into your imago account and selecting to cancel your services. As noted above, you will not be entitled to a refund if you fail to cancel your services before your automatic renewal date.

Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.

Late Fees/Interest

If you miss a payment or have an overdue account, you may be assessed a one-time late fee. You may also be charged one and a half percent (1.5%) interest per month on your past due balance, or the highest allowable interest under applicable law. The interest rate is calculated on a continuously compounded basis.

Background Checks

Imago reserves the right to conduct background checks into all Site users and customers. By using the Site, you agree to cooperate with all of imago’s reasonable requests, which may include but not be limited to verifying your identity and confirming the validity of your business.

Secured Areas

Some portions of the Site are restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.

Your Account Security

In the event that imago becomes aware of an actual data breach that results in the unauthorized access to or disclosure of protected personally identifiable information, imago will use reasonable efforts to notify affected studios without undue delay. Such notice will include a description of the nature of the breach, the information affected (to the extent known), and the steps imago is taking to address the situation.

You are responsible for maintaining the security of your account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your imago Site account. You also agree that we are not responsible for any unauthorized use of the Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into your Site account, imago will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact imago.

You further agree to promptly notify us of any security breach relating to your Site account. Such notices should be sent to: customerservice@theimago.io.

We encourage all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords; and preventing the disclosure of passwords to any third parties.

Accuracy of Information Provided by You

You agree that all information you provide through the Site or otherwise to us is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to customerservice@theimago.io.

Failure to provide such updated information will constitute a material breach of the terms of these TOS and may lead to the suspension or termination of your account.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to imago. You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to imago, you provided that third party with notice about the Site’s TOS and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.

Taxes

You agree to accurately provide information about which state(s) you do business in and where each sale is derived from. You agree to choose the correct category of sales tax for each product you sell. The default shall be tangible physical property. If there is a question of interpretation, imago has the right to change the taxing category of an item being sold to a higher tax rate category. Based on the information you provide, in some states our third-party partner will calculate, withhold and remit sales tax to the applicable state taxing authorities. Here is a breakdown by state of how sales tax is handled for imago orders: https://www.theimago.io/sales-tax-collection. You remain solely responsible for all tax liability and burdens related to revenue you generate through the Site service. Should any shortfall of taxes be identified, you agree to allow imago to withhold the amount of taxes and penalties from your account and to immediately, and hereby shall, indemnify and hold harmless imago from any and all tax liabilities associated with your use of the Site, except those taxes that are solely based on imago’s income.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOS and the Privacy Policy. You agree to not use the Site services, or anything related to the Site services, or any other services offered by us for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:

Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
Use any metatags or any other “hidden text” utilizing any part of the Site or imago’s name, service or trademarks or trade dress without the express written consent of imago;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
Upload any information in which you do not have permission from the image owner to upload or share with us (i.e. you need to be the creator, owner and/or authorized user of images and data that you upload to the Site);
Harvest or otherwise collect information about others, including but not limited to email addresses;
Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
Any attempt to reverse engineer or reconstruct any portion of the Site;
Failure to abide by, or breach of, imago’s terms of service or any other policies applicable to the Site;
Use the Site for any illegal purpose;
Use of the name, likeness, images, and/or data on any person without their express permission and consent;
Share your login information or allow third parties to utilize your login information to access any part of the Site;
Engage in any acts or omissions that imago believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
Unreasonable delay in handling orders taken on the Site (more than 30 days)

You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to the Site you will adhere to all applicable State and Federal laws and regulations.

Knowledge of TOS and Privacy Policy

If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOS and the Privacy Policy.

Breach of the Terms of Service and/or Privacy Policy

We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOS or any other obligation to imago. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOS and the Privacy Policy: (i) your failure to abide by any provision of these TOS and the Privacy Policy; (ii) your failure to pay any amounts due to imago; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of any code of conduct adopted by imago.

If any of the foregoing events occurs and we deem it a material breach by you of these TOS and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that imago is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.

Your Authority

You agree that you are of legal age and authority to enter into and be bound by the terms of these TOS and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to imago.

Maintenance/Site Down Time

Imago takes commercially reasonable efforts to maximize the services’ “uptime”; however, imago reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Imago will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.

Imago is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of imago’s control.

Intellectual Property Rights

We acknowledge that the rights of photographers in their work are of vital importance, which we seek to respect. Similarly, we ask our users to respect our intellectual property rights. You agree that we hold all right, title and interest to all services, our websites and information and technology used to provide the Site and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.

All content (not provided by users) including but not limited to text, graphics, downloads and software included on this Site is the property of imago or its licensors and is protected by United States and international copyright laws.

You own and will continue to own all of your content and intellectual property rights. In order for us to provide you service, you also grant imago a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with providing you with the Site services.

If you are using a trademark or brand name, you agree to provide us with reasonable proof that you are legally authorized to use such trademark and/or brand name. We reserve the right to deny access to, or otherwise suspend, services of any account that is unverified. We further reserve the right suspend services on any account where there is a reasonable belief that the account owner or users are violating applicable law or this TOS.

Access to Your Data

During your subscription, you have access to your data. You may download or export your data by signing into your account and going to “Reports,” then selecting the corresponding report for the type of data you wish to access. If your subscription expires, you may need to renew your subscription in order to access your data. If your subscription expires, we will delete your account data within 90 days.

Reports of Abuse (and Copyright Infringement)

If you have any reason to believe that the content on the Service violates any law, that any user of the Service is using the Service to violate the law, or that any user is violating this TOS, you may inform us in writing about the facts and circumstances of the alleged abuse/violations and request the Company to conduct an investigation into the allegations. The Company reserves the right to remove accounts, content, or postings that the Company, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

With respect to claims of copyright infringement made under the Digital Millennium Copyright Act (“DMCA”), you may email customerservice@theimago.io with your lawful takedown request. Such email must include the following:

A physical or electronic signature of the copyright owner or authorized agent of the copyright owner;
Detailed identification of the copyrighted work;
Detailed identification of the infringing material allegedly on the Site;
Your full contact information, including your address, telephone number, and an email address;
A statement that you have a good faith belief that the use of the copyrighted material is unauthorized by the copyright owner or the law; and
A statement, made under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

The Company shall comply with the DMCA provisions of forwarding via email any such communication to the account holder that allegedly engaged in the infringing conduct. If you receive a DMCA takedown notice and believe it was in error, you may send a counter notice by responding to the Company’s email notice and following the steps below:

Your physical or electronic signature;
Identification of the material in which you removed or disabled access to along with the location where the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your full contact information (i.e., name, address, and telephone number), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the Company may be found, and that you will accept service of process from the person who provided the original DMCA notification.

If the Company receives a valid counter-notice, we shall forward such notice via email to the sender of the original DMCA takedown notice.

If the Company receives, in its sole discretion, an unreasonable amount of DMCA takedown notices or believes you are violating the rights of third parties, you agree that the Company may disable your account without notice and terminate the Service. Notwithstanding any applicable obligations the Company may have under the DMCA, you agree that you will directly handle all copyright disputes by yourself and without participate of, or expense to, the Company.

Disclaimer of Warranties

IMAGO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF IMAGO,IMAGO DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IMAGO DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF IMAGO, IMAGO PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH IMAGO.

IMAGO DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. IMAGO IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.

Assumption of Risk

We make commercially reasonable efforts to provide an enjoyable platform experience for our users. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through payment processing via our third-party processes and corruption of data.

Third Party Intellectual Property Rights

Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor imago shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.

Customer Support

Without limiting the forgoing disclaimer of warranties or assumption of risk sections, imago provides email support for Site customers. Support can be reached by sending an email to customerservice@theimago.io. Imago attempts to respond to customer inquiries within two (2) business days.

Indemnification

As a user of the Site, you agree to release, indemnify, defend and hold harmless imago and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOS or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by imago to you, your use of any services of the Site or provided by imago or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if imago receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify imago for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies imago may have in law or equity.

You agree that imago shall have the right to participate in the defense of any claim asserted against imago or involving the Site. You also agree that imago shall be entitled to retain a counsel of imago’s own choosing at your cost. You further agree to notify imago of your knowledge of any claim against imago or involving the Site. You agree to cooperate fully with imago during such proceedings.

Automatic Payments in the Event of Default

If you provided payment information to imago and sums are due and owing from you to imago and you are in default of your obligations under these TOS, you authorize imago to deduct any sums due and owing from your payment source(s) so long as imago provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOS.

Right to Refuse Service

Imago, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.

Consent and Survival of Agreement

By using the Site and Site services provided through the Site by imago under these TOS and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these TOS and the Privacy Policy. These terms of these TOS and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these TOS or the Privacy Policy, you may inform imago in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. imago may, but is not obligated, to conduct an investigation into the allegations. imago reserves the right to remove accounts, content, or postings that from the Site imago, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will imago be liable to you for your failure to retain necessary records, nor will imago’s retention or non-retention of records act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOS or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, imago may delete all information related to you on or within the Site and may bar your access to and use of Site services.

Notices and Communication

You authorize imago and its sponsors and affiliates to communicate with you to the full extent allowed by the imago’s Privacy Policy, which includes the ability to contact you using all contact information that you have voluntarily provided to us. Such communication may include commercial emails (including through our third-party communication partner), text messages to your cell phone, and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or imago. If you do not wish to receive bulk email notices or announcements from imago, please send us an email at the email address listed below. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.

By providing us with your cellular phone number and signing up for our Site services, you hereby consent to allow us to communicate with you on your cellular phone, including through voice and text messages, which includes both manual and automated calling/messaging services.

Notices that you send to us must be delivered via first class mail to the following address:

Imago
8906 E 67^th Street
Kansas City, MO 64133

You may also send us notices via email to: customerservice@theimago.io so long as you place “LEGAL NOTICE” in the subject line of the email.

You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.

Choice of Law, Jurisdiction and Venue

All purchases made through the Site are deemed made within the State of Missouri.

The terms and conditions of these TOS and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of Missouri, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if each of these TOS and the Privacy Policy was a contract wholly entered into and wholly performed within Missouri.

Except for injunctive relief, you agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOS, the Privacy Policy, or related to the Site or Site services provided by us to you shall be brought and maintained exclusively via arbitration. Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, then a location in Kansas City, Missouri). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If injunctive relief is needed, the Parties agree to exclusively utilize the courts with jurisdiction in Jackson County, Missouri. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against imago related to the Site, these TOS, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by imago within the six (6) months prior to when your first claim first arose. IN NO EVENT SHALL IMAGO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH IMAGO MAY BE RESPONSIBLE. You agree that the pricing for imago’s services are conditioned upon this limitation of liability cap, and that should this cap not be included, the pricing for services would be significantly higher.

Time Limitations For Action

Our company wishes to resolve any concerns or dispute that you have in a collaborative and prompt manner. Accordingly, unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by imago must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.

Waiver of Jury Trial

EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOS, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.

Waiver of Class Action

EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOS.

Prior Action Before Formal Claim

Our goal is to provide a Site that allows all people to use and enjoy it. In some situations, certain users with disabilities may feel that they have difficulties using and enjoying the Site. If you are unable to utilize all aspects of the Site that you would like, please inform us promptly so we can work with you to resolve things. You agree that as a material provision of these TOS, that you will provide us detailed written notice of any claimed deficiencies with our Site and/or service and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice and a reasonable opportunity to cure, it shall constitute a material breach of these TOS and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.

No Third-Party Beneficiaries

Except as otherwise expressly provided herein, nothing in these TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under these TOS without the prior written consent from imago. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOS or the Privacy Policy is voidable at imago’s option.

Successors and Assigns

Except as otherwise expressly provided herein, these TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by imago in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, imago’s election to not assert its rights under these TOS shall not preclude imago from asserting its rights in the future.

Severability of Terms

If any provision of these TOS or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If imago must enforce these terms and/or prevails in any action, suit, or proceeding arising from or based upon these TOS, then imago shall be entitled to recover its attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in these TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Imago Imaging, LLC
8906 E 67^th Street
Kansas City, MO 64133
customerservice@theimago.io