Terms of Service – IMtastic.com

Terms of Service

Last updated September 24, 2022

These Terms and Conditions (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully.If you do not agree to these Terms, do not use this website.

These Terms govern your access to this website and use of the products and services we provide (“Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.

1. Definitions

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

“We”, “Us”, “Our” means Profitwave Marketing, Inc. (aka IMtastic.com).

2. Your Account

If you decide to create an account to access any of our Services, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy).

When you create an IMtastic.com account, subscribe to a newsletter or request a free offer, we consider that to be an inquiry about our products and services, which means we may also contact you to share more details about what we have to offer. Don’t worry — we hate spam as much as you do and promise we will not annoy you with unnecessary emails. If you do not want to receive email messages from us, you can always unsubscribe by clicking the link included at the bottom of every email.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.

Don’t share or misuse your access credentials. Notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.

5. General Representation and Warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations;
Will not be for any unlawful purposes, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Profitwave Marketing.com (IMtastic.com) or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

6. Intellectual Property

The Agreement doesn’t transfer any Profitwave Marketing, Inc. (IMTastic.com) or third-party intellectual property to you, and all right, title, and interest in and to such property remains solely with Profitwave Marketing, Inc. Profitwave Marketing, (IMtastic.com) and all trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Profitwave Marketing, Inc. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Profitwave Marketing, Inc. or third-party trademarks.

7. Third-Party Services

We use a third party to manage the ordering process, production, fulfillment and shipping of the products offered on our website. This third-party service was selected for their exceptional customer service. While we maintain a close and cooperative relationship with this third party, you understand that

The third-party service is not controlled by Profitwave Marketing.
We are not responsible or liable to anyone for third-party services.

If you have questions or concerns about how a third-party served operates or need support, contact the third party directly using the contact information provided with your order.

8. Changes

We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services.

9. Termination

These Terms are effective until terminated by either party. You can stop using our Services at any time.

We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Profitwave Marketing, Inc. policy, or is in any way harmful or objectionable,or (ii) terminate or deny access to any use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

10. Disclaimers

Our Services are provided “as is.” Profitwave Marketing, Inc. (IMTastic.com) and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Profitwave Marketing, Inc. (IMTastic.com), nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you use our Services at your own discretion and risk.

11. Jurisdiction and Applicable Law.

These Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the State of Indiana, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate the intellectual property rights of Profitwave Marketing Inc. (IMtastic.com) we may seek injunctive or other appropriate relief in any state or federal court in Allen County, Indiana and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Fort Wayne, Indiana. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Fort Wayne Indiana, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

12. Limitation of Liability

In no event will Profitwave Marketing, Inc. (IMtastic.com), or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Profitwave Marketing, Inc. (IMtastic.com) under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Profitwave Marketing, Inc. (IMtastic.com) shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. Indemnification

You agree to indemnify and hold harmless Profitwave Marketing, Inc. (IMtastic.com), its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

14. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

15. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Profitwave Marketing, Inc. (IMtastic.com) and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.