Terms and Conditions

1. Your Access to the Service

1.1 Internet Access

When using the Service on your mobile, laptop, desktop, or other device (“Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device and (ii) any Internet connection and telecommunications fees and charges that you incur.

1.2 Your Device

Reimagine is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Service, including, but not limited to screen display operation features of your Device.

1.3 No Guarantee

Access to the Service may be suspended temporarily and without notice (i) in the event of a system failure, (ii) for maintenance or repair, (iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.

2. Permitted Use and Restrictions

2.1 License Grant

Subject to the terms and conditions of these Terms, Reimagine hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement it in any respect and are not distributed with a separate license, and any documentation) solely for your personal use on a Device that you own or control. We reserve all other rights that are not granted in these Terms.

2.2 Use Restrictions

You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decomplication, disassembly, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; or (iii) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined by Reimagine in its sole discretion.

2.3 Eligibility

The Service may not be used by anyone under the age of 18. By accessing or using the Service, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that they have agreed to be bound by these Terms.

2.4 Investigations

We may, but are not obligated to, monitor, or review the Service at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Service pursuant to Section 15 (Termination) below.

2.5 Violation of these Terms

You must not use (or permit a third-party to use) the Service: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system used by the Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users (including sharing any personal information learned about other users while using the Service); (iii) to collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; (iv) via use of a robot, spider, or other automated device to monitor or copy the Service or any information provided by the Service, other than as permitted by the robots.txt file for the Sites; (v) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible and Reimagine has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.

3. Privacy

These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy, and you consent to (i) the processing of your personal information as explained in the Privacy Policy and (ii) the collection of information from your Device as explained in the Privacy Policy.

4. User Accounts and Security

4.1 User Accounts

To use certain features of the Service, you may be required to create an account and provide us with your first name, last name, email address, and password, and certain other information about yourself. You are solely responsible for the information associated with your account and anything that happens related to your account. You agree to provide true, accurate, current, and complete information as requested by any forms and maintain and update such information to keep it true, accurate, current, and complete. Your failure to maintain true, accurate, current, and complete account information may result in your inability to access or use the Service.

4.2 Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account passwords. You agree to notify us immediately if you become aware of any unauthorized use of your password or your account at support@letsreimagine.org.

4.3 Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted, or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.

4.4 Fees

You agree to pay all fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.

4.5 Account Deletion by You

You may delete your account at any time by contacting us as described in Section 23 (Contact Information) below.

4.6 Account Deletion by Us

Reimagine may terminate your account at any time for any reason or no reason, including if: (a) Reimagine determines that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Reimagine; (b) Reimagine determines it is required by law to terminate your account; or (c) Reimagine decides to stop providing the Service or critical portions of the Service. When terminating your account, Reimagine may delete your account and the information in it. You have no ownership rights to your account.

5. Terms of Sale and Payments

5.1 Billing Policies

If you choose, at your sole discretion, to make purchases on the Service, you acknowledge that you will be required to provide a current, valid, accepted method of payment (“Payment Method”) and you agree that we may charge your Payment Method. Reimagine uses authorized third parties for the purpose of processing your transactions, and credit card authorizations. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Reimagine the right to store and process your information with such third parties. You agree to immediately notify Reimagine of any change in your billing address or the Payment Method used for payment hereunder. You agree that Reimagine will not be responsible for any failures of such third parties to adequately protect your information.

You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes and possible transaction fees. By providing Reimagine with your Payment Method, you agree that Reimagine (or its third party service providers) is authorized to immediately charge your Payment Method for all fees and charges due and payable to Reimagine as a result of your order, including but not limited to service fees, Subscription Fees (defined below), transaction fees, overdraft fees, or any other fee or charge associated with your access to the Service and/or purchase of products.

5.2 Currency

All prices are listed in US dollars and all payments must be made in US dollars. Reimagine will not be responsible for any exchange rates or fees incurred by you from your chosen Payment Method.

5.3 Service Availability

We cannot guarantee the availability of a particular service at any particular time, and we reserve the right to change and/or cancel our service offerings through the Service, without notice, at any time. All prices displayed through the Service are exclusive of taxes if any. All orders are subject to acceptance and availability. In certain circumstances, services may become unavailable after an order has been placed. In such a case, we will either notify you that we are unable to process your order, or a refund will be issued to you via your Payment Method for the amount paid.

5.4 Personal Use

All services sold by or received from Reimagine are intended to be used for personal purposes only, and you may not sell or resell any services you purchase or otherwise receive from Reimagine. Reimagine reserves the right, with or without notice, to cancel any order that may result in a violation of these Terms, as determined by Reimagine in its sole discretion.

5.5 Refunds

All services purchased through the Service may be refunded within three (3) months of purchase for a valid reason, as determined by Reimagine in its sole discretion. If you encounter an issue with your order or would like to initiate a refund, please contact us at the information in Section 23 (Contact Information) below.

6. Submitted Content

Reimagine is not the source of, does not verify or endorse, and takes no responsibility for the content of communications or any material submitted or made available through the Service via embedded content or any function that allows a user to upload or share content, communicate with other users, or post comments or reviews (the “Submitted Content”). Submitted Content is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent, or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service.

In particular, you are responsible for ensuring that you do not submit material that (i) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (ii) is false or is a misrepresentation; (iii) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (iv) impersonates another person.

Reimagine does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Reimagine a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, and non-exclusive license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Reimagine's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels now known or later devised.

7. No Medical or Mental Health Advice

Reimagine is not a medical, therapy, or healthcare service provider. Reimagine makes no representation and assumes no responsibility for the accuracy of information or content contained on or available through the Service, and such information and content is subject to change without notice. All such information and content provided by Reimagine or in connection including any communications with or by Reimagine is for general informational and educational purposes only and is not intended as, and shall not be construed as, medical advice, diagnosis, or treatment.

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE.

REIMAGINE IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD-PARTY INFORMATION, SERVICE, OR PRODUCTS THAT YOU OBTAIN THROUGH THE SERVICE.

8. Idea Submissions

We welcome feedback from our users and appreciate your comments regarding the Service. However, our policy does not permit us to accept or consider ideas, suggestions, proposals, or materials (“Submissions”) that we have not specifically requested. If, despite our request that you not send us your ideas, you still submit them, then regardless of any conditions you may have attempted to place on your Submission, the following terms shall apply: you acknowledge and agree that (i) such Submissions will be considered non-confidential and non-proprietary; (ii) we have the royalty-free right (subject to our Privacy Policy), without limit in time and without payment to you, to use, copy, distribute, adapt, and disclose it via the Service or otherwise to third parties for any purpose, in any way, and in any media worldwide now known or later devised; (iii) we may have something similar to the Submissions already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us in connection with your Submissions under any circumstances.

9. Intellectual Property Rights

9.1 Trademarks

Reimagine name and logo are trademarks and service marks of Reimagine. You do not have the right to use any of our trademarks, service marks, or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.

9.2 Ownership

You acknowledge that all intellectual property rights in the Service, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all other content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Reimagine, and are protected by intellectual property laws. Nothing posted on the Service grants a license to any Reimagine trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise.

10. DMCA Notice

10.1 DMCA Policy

Reimagine has adopted a policy that provides for the suspension and/or termination of any user who is found to have infringed on the rights of Reimagine or of a third party, or otherwise violated any intellectual property laws or regulations.

10.2 Take-Down Notice

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Reimagine to delete, edit, or disable the material in question, you must provide Reimagine with all of the following information to our designated copyright agent (the “Designated Agent”):

• A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information sufficient to locate the material;
• Information sufficient to permit Reimagine to contact you;
• A statement that you have a good faith belief that use of the material is not authorized;
• A statement made under penalty of perjury that the information is accurate and you are authorized to act on the copyright owner's behalf.

For this notification to be effective, you must provide it to our Designated Agent by email at brad@letsreimagine.org. You may also mail your DMCA request to:

Attn: Copyright Manager
The EOL Collective, Inc. (d/b/a Reimagine, Inc.)
548 Market St, #79765
San Francisco, California 94104

11. Third-Party Sites and Services

The Service may contain links to allow you to interact with or share content directly with other third-party websites (collectively, “Third-Party Sites”). You acknowledge that we have no control over the Third-Party Sites and are not responsible for their contents and/or availability. These links are provided to you for convenience only and do not constitute an endorsement or approval by us.

12. Indemnity

You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, members, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or in connection with: (a) your use of the Service; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party.

13. Warranty Disclaimer

WE PROVIDE THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

14. Limitation of Liability

IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SERVICE OR THESE TERMS, REGARDLESS OF THE NEGLIGENCE OF REIMAGINE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole remedy for dissatisfaction with the Service is to stop using the Service. In the event the foregoing exclusion of liability is determined to be invalid, the Indemnified Parties' liability shall not exceed the greater of: (i) the total amount paid in the preceding 30 days, or (ii) One Hundred Dollars ($100).

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

15. Termination

We may terminate these Terms and/or terminate your permission to use the Service immediately, without prior notice or liability, if (a) you commit any breach of these Terms, (b) we discontinue the Service, or (c) we are prevented from providing the Service for any reason.

On termination of these Terms for any reason: (x) all rights granted to you under these Terms will cease immediately, (y) you must immediately cease all activities authorized by these Terms, and (z) you acknowledge that we may restrict your access to the Service. Sections 3, 6-10, and 12-21 will survive any termination or expiration of these Terms.

16. Communication Between Us

If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 23 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.

17. Governing Law

These Terms and any matter arising out of or relating to these Terms, shall be governed by the internal laws of the State of California, without regard to any choice or conflict of laws principles.

18. Dispute Resolution

18.1 User Concerns

Most user concerns can be resolved quickly and to the user's satisfaction by contacting us at the contact details in Section 23 (Contact Information) below.

18.2 Disputes

By agreeing to these Terms, you expressly agree to the arbitration of all Disputes. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms, or any additional terms (collectively, a “Dispute”), except for any controversy related to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis.

18.3 Arbitration Procedures

The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms.

IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

18.4 Location

The arbitration will take place in San Francisco County, California, United States of America, unless the parties agree to video, phone, or internet connection appearances.

18.5 Limitations

YOU AND REIMAGINE AGREE THAT (I) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (III) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

18.6 Exceptions to Arbitration

You and Reimagine agree that the following Claims are not subject to binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. Either party may assert an individual action in small claims court in lieu of arbitration.

18.7 Arbitration Fees

If you initiate arbitration, you will need to pay the JAMS arbitration initiation fee. If we initiate arbitration, we will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs will be charged pursuant to the JAMS Rules.

18.8 Severability

If any portion of this Section is found illegal or unenforceable, that portion shall be severed and the remainder given full force and effect.

19. Notice for California Residents

In accordance with California Civil 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 1625 North Market Blvd, Ste N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Notice for New Jersey Residents

If you are a consumer residing in New Jersey, the following provisions of these Terms do not apply to you: Section 13 (Warranty Disclaimer), Section 14 (Limitation of Liability), and the California governing law provision of Section 17 (Governing Law).

21. Additional Important Terms

21.1 Assignment

The rights granted to you under these Terms may not be assigned without Reimagine's prior written consent.

21.2 Severability

If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder shall be given full force and effect.

21.3 Attorneys' Fees

In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover reasonable costs, attorneys' fees and other expenses.

21.4 No Waiver

Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision.

21.5 Equitable Remedies

You acknowledge and agree that Reimagine would be irreparably damaged if the terms of these Terms were not specifically enforced, and therefore you agree that we shall be entitled to appropriate equitable remedies with respect to any breach of these Terms.

21.6 Entire Agreement

These Terms, including the documents referenced herein, constitutes the entire agreement between you and Reimagine with respect to the Service.

21.7 Transfer

We may transfer our rights and obligations under these Terms to another entity but this will not affect your rights or our obligations under these Terms.

22. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

23. Contact Information

If you have any questions or comments relating to the Service or these Terms, please contact us at support@letsreimagine.org.