Terms Of Service

Last Updated: January 1, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the Imerge ("Imerge," "we," "our," or "us") website located at imerge.com (the "Site"). By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

We reserve the right to modify these Terms at any time. Changes will be effective when posted on this page with a new "Last Updated" date. Your continued use of the Site after any changes constitutes acceptance of the new Terms.

Use of Our Site

Access to Content

  • Most content on our Site is freely accessible to all visitors
  • Certain articles and materials require a free account, which can be created by providing your name and email address
  • You may read articles and download materials made available on the Site for your personal, non-commercial use

Account Registration

If you create an account with us:

  • You must provide accurate and complete information
  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must not share your account with others or allow others to access your account
  • You must notify us immediately of any unauthorized use of your account

Acceptable Use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms
  • Reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from the Site without our express written permission
  • Use automated systems (bots, scrapers, etc.) to access or collect data from the Site
  • Attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site
  • Interfere with or disrupt the Site or servers or networks connected to the Site
  • Upload or transmit viruses, malware, or any other malicious code
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Violate any applicable laws or regulations

Intellectual Property Rights

Our Content

All content on the Site, including but not limited to text, graphics, logos, images, videos, software, and other materials (collectively, "Content"), is the property of Imerge, Inc. and is protected by United States and international copyright, trademark, and other intellectual property laws.

All rights reserved. You may not reproduce, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without our express written permission.

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and view Content solely for your personal, non-commercial use, subject to these Terms.

We respect the intellectual property rights of others. If you believe that any content on our Site infringes your copyright, please contact us with the following information:

  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material that is claimed to be infringing and its location on the Site
  • Your contact information (name, address, telephone number, and email address)
  • A statement that you have a good faith belief that the disputed use is not authorized
  • A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf
  • Your physical or electronic signature

Account Cancellation and Termination

Your Rights

You may cancel your account at any time by:

  • Accessing your account settings page on the Site and following the cancellation process, or
  • Contacting us

You may unsubscribe from our emails at any time by clicking the "unsubscribe" link in any email we send you.

Our Rights

We reserve the right to suspend or terminate your account and access to the Site at our sole discretion, without notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement or other government agencies

Effect of Termination

Upon termination of your account:

  • Your right to access and use the Site will immediately cease
  • All data associated with your account, including your name and email address, will be permanently deleted
  • Any provisions of these Terms that by their nature should survive termination will survive, including intellectual property rights, disclaimers, and limitations of liability

Email Communications and Subscriptions

By creating an account, subscribing to our services, or providing your phone number to request information, you consent to receive:

  • Informational emails related to your account
  • Marketing emails about our content, services, and updates
  • SMS messages in response to inquiries you initiate via text

You may opt out of marketing emails at any time using the unsubscribe link in our emails or by updating your preferences in your account settings. You may opt out of SMS messages at any time by replying STOP.

SMS Communications

By providing your phone number and requesting information via text message, you consent to receive SMS messages from Imerge in response to your inquiries. Message and data rates may apply. Message frequency varies based on your interactions with us. Reply STOP at any time to opt out or HELP for assistance.

We do not sell or share your phone number with third parties for their marketing purposes.

Affiliate Links and Third-Party Content

Our Site may contain affiliate links to third-party websites, products, or services. When you click on these links and make a purchase, we may receive a commission at no additional cost to you.

  • We are not responsible for the content, products, services, or privacy practices of third-party websites
  • Your interactions with third-party websites are solely between you and the third party
  • We do not endorse or make any representations about third-party websites or their offerings

Information and Disclaimers

Nature of Content

The content on our Site provides information and advice related to technology, small business, and website management. This content is for general informational purposes only and should not be considered professional advice.

No Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Site will be uninterrupted, secure, or error-free
  • The Content will be accurate, reliable, complete, or current
  • Any errors or defects will be corrected
  • The Site or servers are free of viruses or other harmful components

Use at Your Own Risk

You acknowledge that your use of the Site and reliance on any Content is at your sole risk. We make no guarantees about the accuracy or results you may achieve by following advice or information provided on the Site.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IMERGE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Imerge, Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Site
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Any content you submit or make available through the Site

Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law provisions.

Mandatory Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The arbitration will take place in Idaho, unless the parties agree otherwise.

You and Imerge each agree to waive the right to a trial by jury and the right to participate in a class action.

Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in court to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Imerge regarding your use of the Site.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Imerge.

Electronic Communications

By using the Site, you consent to receive electronic communications from us. These electronic communications may include notices about your account and information concerning or related to the Site.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Imerge, Inc.
Idaho, United States
Contact Us

By using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.