Want to contact us about this Terms of Service (TOS)? Legal issues should be addressed to [email protected].
1. Overview and Important Definitions
A. This Terms of Service (“TOS”) is a legally binding contract between Imarketing Store Com and you, as a user of Imarketing Store Com Services.
B. Imarketing Store Com offers individuals access to informative and educational resources in the field of search engine optimization (“Product”), as well as (if necessary) SEO audit of the website submitted by the customer (“Service”).
C. Imarketing Store Com Services are available exceptionally from the Imarketing Store Com web domain, https://imscourse.com (“Site”).
D. TOS Acceptance and Agreement; Users.
(1.) By accessing or using our Site or Service, or by clicking or checking a box indicating “I agree,” “I accept,” or any similar expression of agreement while purchasing any Product and/or Service, you agree to be legally bound by this TOS. (Please print a copy of this TOS for your records.) If you do not agree to the TOS, you are not authorized to use it, and you must cease using our Products or Service.
(2.) If you accept this TOS on behalf of any other person(s) or organization(s), then you represent to Imarketing Store Com that you are legally authorized to do so, and “you” or “your” therefore also includes those other people(s) or organization(s).
E. Imarketing Store Com may revise and update this TOS at any time for any reason in its sole and absolute discretion, effective immediately on posting the same to the Sites. The TOS will indicate at the beginning (top of the page) the date on which the current TOS was last revised and effective. It is your responsibility to check the then-current TOS for any changes. You agree that the most recent version of this TOS legally binds you to any product or Service you purchased, and you further agree that the most recent TOS version supersedes and replaces the prior version.
2. Purchase Terms of Agreement
The purchase of the Product is subject to the following TOS. Therefore, consumers are advised to review carefully before purchasing on our Site https://imscourse.com.
A. Payment + Refund Policy
All transactions for purchasing Products (intangible products, pdf downloads, resource material, and online content) are made through payment gateways such as PayPal or Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit and debit cards in different countries, and your details are not stored during this process.
Since your purchase is a digital product, it is deemed “used” after download or opening, and all purchases made on https://imscourse.com are non-refundable or exchangeable. Additionally, since the products made available here are intangible, there is a strict no-refund policy.
Imarketing Store Com reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase, and product or service offerings without prior notice.
B. Delivery of Goods and Services
If you do not receive the digital product link upon purchasing, you can immediately contact [email protected] with your transaction/payment details to ensure your Product is delivered as soon as possible.
3. Terms and Conditions Governing All Users of our Products and/or our Services
A. The Services are available only to Users who:
- Are human (not bots) and with minimum ages of 13 years old;
- Submit truthful and accurate account information;
- Do not impersonate any other person or entity or otherwise misrepresent their identity in placing an order or elsewhere on the Site;
Have a valid email address; and - Do not authorize third parties unaffiliated through an employer-employee or entity ownership relationship to use their account, profile, or messages or otherwise resell the Services to multiple unaffiliated persons or parties (e.g., “group buys” or “buyers’ clubs”).
B. You agree that you have or will enter into agreements with your individual users who purchase any Product or Service on your behalf that protect Imarketing Store Com and any Imarketing Store Com Content, Products, or Services as much as this TOS.
C. Taxes. The price, fees, and other amounts payable to Imarketing Store Com under this TOS do not include any sales, use, or other similar taxes assessed or imposed by any governmental authority. Concerning such amounts, you will pay or reimburse Imarketing Store Com for all such charges as invoiced or provide certificates or other evidence of exemption.
D. You acknowledge that portions of the Site are publicly available or available to other Users and may be accessible by search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
E. Imarketing Store Com reserves the right to monitor your communications to the extent they are facilitated by Site or Service, and may disclose content and information about you, including content contained within your communications, if Imarketing Store Com deems it reasonably necessary to:
(1.) conform to legal requirements or respond to legal process;
(2.) ensure your compliance with this TOS, the Imarketing Store Com Privacy Policy; or
(3.) protect the rights, property, personal safety, or interests of Imarketing Store Com, its employees, customers, or the public.
4. Services Limitations; Availability
Imarketing Store Com may limit the use of any Products or Services at its discretion. Imarketing Store Com reserves the right to modify, update, interrupt, suspend or discontinue, temporarily or permanently, all or a part of any Products or Services without notice. You agree that Imarketing Store Com shall not be liable to you or any third party for any modification, suspension, or discontinuance of any Products or Services. You are also responsible for providing all equipment you use to access any Sites or Services.
5. User Feedback and Beta Services
A. “Feedback” means any ideas, suggestions, or comments that you provide to Imarketing Store Com related to any Products, Services, or any other Imarketing Store Com technologies, products, services, or business activities (in beta, pre-release, or released versions). You agree that you do not expect of, and Imarketing Store Com has no obligations for, confidentiality or privacy in any Feedback. You grant Imarketing Store Com a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish, or perform any Feedback and to make, have made, sell, offer to sell, and import any products, services, or materials existing now or in the future that includes or incorporate any of your Feedback, including but not limited to any Products or Services.
B. From time to time, Imarketing Store Com may add new features to the Services that may be described as “beta” services or features (collectively, “Beta Features”). Beta Features will be considered part of the Products or Services, and all provisions of this TOS relating to any Products or Services will also apply to the Beta Features. Users acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Products or Services. If you use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this TOS to the contrary, Beta Features are provided “AS IS,” and Imarketing Store Com disclaims any warranties associated with any Beta Feature. You assume and bear any risk that Beta Features may harm or interrupt the operation of your software or hardware.
6. Trademarks; Copyrights; Proprietary Rights; and Use Restrictions
A. As between you and Imarketing Store Com, Imarketing Store Com owns all rights, titles, and interest in any Products or Services, including without limitation the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of any Products or Services (“Imarketing Store Com Content”).
B. Imarketing Store Com owns the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights associated with Imarketing Store Com Content, Products, and Services worldwide. Moreover, the term “Imarketing Store Com” and anything on the Site that identifies or distinguishes Imarketing Store Com from any other goods and services are registered or unregistered trademarks of Imarketing Store Com (the “Imarketing Store Com Trademarks”). Unless otherwise permitted by law, you agree not to display or use the Imarketing Store Com Trademarks in any manner without Imarketing Store Com’s prior written consent.
C. Subject to any of your rights under applicable law (e.g., as a licensee of software under applicable legislation deriving from EU Directive 2009/24/EC, if applicable), you shall not, nor shall you assist anyone else to:
(1.) modify, distribute, adapt, decompile, disassemble, reverse-assemble, reverse-engineer, or prepare derivative works from any computer code or any other materials relating to Imarketing Store Com Content or other Imarketing Store Com technology;
(2.) use, evaluate, or view Imarketing Store Com Content for the purpose of designing, modifying, or otherwise creating any software program, or any portion thereof, that performs functions similar to the functions performed by any Services or to compete with Imarketing Store Com;
(3.) knowingly use Imarketing Store Com Content in a manner that abuses or disrupts the Imarketing Store Com networks, security systems, or any Products or Services or those of any third party, or attempt to gain unauthorized access to any of the above through unauthorized means;
(4.) market, offer to sell, and/or resell any Services unless authorized in an Other Imarketing Store Com Agreement or other written agreement executed on behalf of Imarketing Store Com by its authorized representative;
(5.) use Imarketing Store Com Content in violation of this TOS or Other Imarketing Store Com Agreement, or any Imarketing Store Com policies, applicable laws, ordinances, or regulations;
(6.) use any Products or Services to send unsolicited or unauthorized advertising, junk mail, or spam;
(7.) harvest, collect, or gather information or data regarding other Imarketing Store Com users without their consent.
D. Except for your rights to access and use any Products or Services and the Imarketing Store Com Content expressly granted by this TOS, Imarketing Store Com retains all rights, titles, and interest in and to Imarketing Store Com Content and any Products or Services, including all related intellectual property rights. Imarketing Store Com Content and any Products or Services are protected by applicable intellectual property laws in the US and internationally. No grant or transfer of any right, title or interest to you shall be implied. Notwithstanding anything contrary, on termination or expiration of this TOS, all rights and licenses granted to you under this TOS shall terminate.
7. Copyright Infringement
If you believe that your work has been used related to this TOS in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Imarketing Store Com at [email protected].
You must provide all of the following in writing:
- Identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works);
- identify the content on the Services that you claim is infringing with enough detail so that Imarketing Store Com may locate it;
- your statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- your statement declaring that the notification is accurate and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner;
- information reasonably sufficient to permit Imarketing Store Com to contact you, i.e., address, telephone number, email address, and your physical or electronic signature.
On receiving your above notice, Imarketing Store Com will take whatever action, in its sole discretion, it deems appropriate, including removal of the disputed use from the Products or Services or termination of the posting account.
8. User Indemnification of Imarketing Store Com for Certain Actions
You agree to indemnify and hold Imarketing Store Com, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party arising from
(1.) User Data you transmit or make available through any Products or Services;
(2.) your unauthorized use of any Products or Services; or
(3.) your violation of the TOS (including the Privacy Policy); or (4.) your violation of any third party’s rights, including but not limited to any intellectual property rights.
9. Warranties and Limitations
Each party warrants and represents that it shall comply with all applicable laws and regulations in performing its obligations under this TOS. Except for any express warranty in this TOS, Imarketing Store Com and its third-party suppliers at this moment disclaim all express or implied warranties regarding any Imarketing Store Com content, products, or services, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and quality.
Imarketing Store Com and its third-party suppliers make no representations or warranties whatsoever regarding the reliability, availability, timeliness, suitability, accuracy, or completeness of any products or services or the results you may obtain from their use. Without limiting the generality of the preceding, Imarketing Store Com and its third-party suppliers do not represent or warrant that.
(1.) the operation or use of any products or services will be timely, uninterrupted, or error-free, or
(2.) the quality of any products or services will meet your or any other requirements.
You acknowledge that neither Imarketing Store Com nor its third-party suppliers control the transfer of data over communications facilities, including the Internet, and that any products or services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities, and therefore neither Imarketing Store Com nor any of its third-party suppliers are responsible for any damage resulting from such problems. Unless Imarketing Store Com provides otherwise, any products or services are provided to you “as is” and “as available.”
10. Third-party Software; Liability Limitation; Exclusive Remedies for Customers
A. Third-Party Software.
You are solely and entirely responsible for any third-party software that you obtain and use in connection with any Products or Services. Imarketing Store Com exercises no control over such third-party software and is not responsible for its performance. Your purchase or use of such software shall be governed by the terms and conditions of such third parties, and you may therefore be asked to accept terms and conditions at the time of purchase. Imarketing Store Com is not responsible or liable, directly or indirectly, for any damage or loss caused to you by the use of or reliance on any third-party software. You are responsible for all fees charged to you by third parties or such software or other services you require related to accessing or using any Sites or Services. You are responsible for obtaining all licenses for third-party software for your use with any Products or Services. Suppose Imarketing Store Com believes that you do not have the necessary rights to use any third-party software that you depend on or that you use with any Products or Services. In that case, Imarketing Store Com may suspend the Product’s purchase or terminate the Service’s provision.
B. Exclusions of certain damages and limitations of liability.
You agree that these exclusions of damages and limitations of liability are fundamental to the parties’ agreements in this TOS.
(1.) Under no circumstances will Imarketing Store Com or any of its third-party suppliers or any of their respective affiliates be responsible for any loss or damage resulting from your reliance on information or other content placed within the Product or transmitted to you or any other Customers as part of the Service.
(2.) Еo the extent permitted by applicable law, neither Imarketing Store Com nor any of its third-party suppliers shall be liable to you or anyone else, including but not limited to any organizations, for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data, or other intangible losses resulting from any access to or use of any sites or services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory, even if Imarketing Store Com or any of its third-party suppliers were advised that such damages were possible.
The disclaimer in the preceding sentence includes any damages arising from your inability to access or use any Products or Services (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of any Services or any part thereof). Without limiting the preceding, you expressly acknowledge and agree that neither Imarketing Store Com nor any of its third-party suppliers are liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other customers or third parties and that any risk from the preceding is assumed entirely by you.
These limitations apply to any matter related to any Products, Services, or their content; third-party Internet sites, programs, or conduct; viruses or other disabling features; incompatibility between any Products or Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction connected with any Products or Services in an accurate or timely manner.
(3.) Limitation of Liability. Any liability of Imarketing Store Com or any of Imarketing Store Com’s third-party suppliers of any kind arising out of or related to this TOS (including but not limited to warranty claims) or any of your use of the Products or Services, regardless of the forum and whether any action or claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory, shall not exceed the greater of
(a.) the total amount paid by you to Imarketing Store Com to use any Products or Services giving rise to such liability during the six (6) months immediately preceding the date the liability arose or
(b.) twenty United States dollars (USD$20.00).
(4.) This Section 10.B. applies even if this remedy does not fully compensate you for any losses or fails its essential purpose; or even if Imarketing Store Com or any of its third-party suppliers knew or should have known about the possibility of the losses, liability, or damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitation of liability for certain claims or causes of action, so the above limitations or exclusions may not apply to you in these jurisdictions.
10. Special Admonitions for International Use
A. Your Internet use may be global; thus, you agree to comply with all local rules and laws regarding your access and use of any Products or Services through the Internet, and without limitation, you will comply with all applicable laws regarding obscene and indecent content and transmitting technical data exported from Spain or the country in which you reside.
B. Concerning any personal data (as defined under the General Data Protection Regulation [GDPR] [EU] 2016/679 and any other applicable data protection legislation) (“Personal Data”) which Imarketing Store Com processes on your behalf, Imarketing Store Com does not process any Personal Data as a part of its core functionality. Thus, Imarketing Store Com is more typically the Data Controller and is not a Data Processor of Personal Data in which you are a Data Controller.
However, if you believe Imarketing Store Com is a Data Processor to you as a Data Controller, please get in touch with Imarketing Store Com at [email protected]. Imarketing Store Com can consider if it is necessary under applicable law for you to appoint Imarketing Store Com as a Data Processor pursuant to an appropriate Data Processor agreement/addendum.
11. Termination
Upon termination of Services, any payment liabilities owed to Imarketing Store Com and accrued prior to the effective date of the termination will survive. In addition to any obligations or restrictions in the TOS that by their nature should reasonably survive termination of this TOS, the following sections shall also survive termination of this TOS: 1.A., 1.D.(1.), 1.D.(3.), 2.A., 3.C., 3.E., and 4. to 12. Imarketing Store Com is not obligated to retain your information, material, or data following termination.
12. Miscellaneous Clauses
A. Changes to Services. Imarketing Store Com may change any Products or Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of such Products or Services. Therefore, your access to and use of any Products or Services depends on you complying with any applicable laws or this TOS.
B. Force Majeure. Neither you nor Imarketing Store Com will be liable to the other for any delay or failure to perform any obligation under this TOS if the delay or failure is due to circumstances beyond such party’s reasonable control. The affected party will notify the other party of such an event and resume performance as soon as reasonably practicable.
D. Notices. If Imarketing Store Com must send you additional information regarding the TOS or any Products or Services, you consent to receive this information electronically. Imarketing Store Com may provide the required information to you by email at any address you registered within buying the Products or Services or via posting on our Site. Notices provided to you via email are effective on the transmission date. In addition, you will provide Imarketing Store Com any written notice under this TOS by email to [email protected].
E. Forum and Jurisdiction. The laws of Spain govern this TOS without regard to its conflict of law provisions. Accordingly, you irrevocably consent to the exclusive jurisdiction of the state and federal courts in Spain to resolve any dispute, claim, or controversy arising from this TOS.
F. Additional Rights and Obligations. This TOS shall neither obligate Imarketing Store Com nor provide any rights to any third party whatsoever as an intended third-party beneficiary under this TOS. You and Imarketing Store Com are independent contractors without authority to bind each other or to make any representations on behalf of the other party, and you and Imarketing Store Com shall not be held to be partners or co-venturers.
If any provision of this TOS is held invalid or unenforceable, such provision shall be held superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act concerning a breach of this TOS does not constitute a waiver or affect that party’s rights to act subsequently. You may not assign rights or delegate any duties under this TOS without prior written notice to and consent by Imarketing Store Com. This TOS will bind any permitted successors and permitted assigns.
G. Entire Agreement. The TOS (along with the Privacy Policy and any agreement accepted by you and an authorized representative of Imarketing Store Com that is incorporated by reference into the TOS) constitutes the entire agreement between you and Imarketing Store Com and governs your access to and use of any Products or Services, superseding any prior agreements between you and Imarketing Store Com (including, but not limited to, any previous versions of the TOS).
In no case shall any terms on a purchase order or other non-Imarketing Store Com ordering document from you apply to, in addition to, or otherwise be included in the provisions of this TOS without Imarketing Store Com’s prior written consent and agreement. No modification of this TOS is binding unless it is in writing and signed by you and Imarketing Store Com.