Terms and Conditions

1. Acceptance of These Terms

These Terms and Conditions (“Terms”) govern your access to and use of the Online Business Presence Audit service (the “Audit”) offered by Imagativ, LLC (“Imagativ,” “we,” “us,” or “our”), with a registered address of PO Box 648, Fishkill, NY 12524. By submitting the Audit request form, paying the Audit fee, scheduling a meeting with us, or otherwise using the Audit service, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree, do not submit the form or pay the fee.

2. Description of the Audit Service

The Audit consists of a review of publicly available information regarding your business’s online presence — which may include, without limitation, your website, search engine visibility, business listings, social media presence, and related digital assets — conducted by Imagativ for the purpose of producing a findings report (the “Report”) and discussing it with you during a scheduled one-on-one meeting (the “Meeting”).

The Audit is a standalone, fixed-scope engagement and is separate from, and does not include, Imagativ’s custom website design and development, internet systems configuration, content development, internet systems research, search engine optimization, web DevOps, automation, or other services (collectively, “Additional Services”).

3. Fee; Payment; No Refunds

The Audit and Report are provided for a one-time fee of $97 USD (the “Fee”), payable at the time you submit your Audit request, exclusive of any applicable sales, use, or similar taxes, which may be added at checkout. The Fee is due in full before scheduling of the Meeting.

THE FEE IS NON-REFUNDABLE once paid, including, without limitation, if you: (a) do not schedule a Meeting; (b) schedule a Meeting but do not attend it, subject to Section 4 below; or (c) attend the Meeting but decide not to purchase any Additional Services. Submitting payment constitutes your acknowledgment and acceptance of this no-refund policy.

4. Scheduling, Rescheduling, and No-Show Policy

Payment of the Fee obligates you to schedule a Meeting with Imagativ within a reasonable time of your Audit request. You will receive your Report only by attending a scheduled Meeting; the Report is not delivered by email, download, or any other means prior to or independent of the Meeting.

If you are unable to attend a scheduled Meeting, you may reschedule one (1) time at no additional charge, provided you notify us at least 24 hours before the scheduled start time (or, if scheduled less than 24 hours in advance, as soon as reasonably possible). If you fail to attend a rescheduled Meeting, fail to provide timely notice, or fail to reschedule and attend within a reasonable follow-up period, the Fee is forfeited and non-refundable, and the Report will not be provided.

Imagativ reserves the right to reschedule or cancel a Meeting due to illness, technical failure, emergency, or other circumstances beyond our reasonable control; in that event we will work with you in good faith to find a new time, and your right to attend a Meeting and receive the Report will not be forfeited as a result of our rescheduling.

5. Delivery of the Report

The Report is presented and discussed with you live during the Meeting. At Imagativ’s discretion, a copy of the Report or supporting materials may also be provided to you in writing after the Meeting. Imagativ has no obligation to provide the Report, in any form, to anyone who does not attend a scheduled Meeting.

6. No Obligation to Purchase Additional Services

Requesting the Audit, paying the Fee, scheduling the Meeting, and attending the Meeting do not obligate you, at any point, to purchase any Additional Services from Imagativ — before, during, or after the Meeting. Any Additional Services you choose to purchase will be governed by a separate agreement, proposal, statement of work, or terms specific to those services.

7. Source of Information; Accuracy Disclaimer

The Audit is based solely on information that is publicly available at the time of review (such as your website, public listings, and public search results) and, where applicable, information you voluntarily submit through the Audit request form. Imagativ does not independently verify the accuracy, completeness, or currency of publicly available or client-submitted information, and the Audit and Report are only as accurate and complete as that underlying information.

Online information changes frequently and without notice; the Audit reflects a snapshot at the time it was conducted and may not reflect your current online presence by the time you receive the Report.

8. Nature of the Report; No Guarantee of Results

The Report is provided for general informational and guidance purposes only. It is not, and should not be relied upon as, a complete, exhaustive, or definitive analysis of every aspect of your online presence. The Report and any recommendations Imagativ provides are intended to be used in conjunction with — not as a substitute for — other business systems and functions you already have in place or need to develop, including but not limited to sales, marketing, customer service, legal, and financial systems.

Imagativ makes no representation, warranty, or guarantee, express or implied, regarding any specific outcome, result, increase in traffic, leads, sales, revenue, rankings, or other business results from the Audit, the Report, or any recommendations contained in it, whether or not you subsequently engage Imagativ for Additional Services.

9. Dependence on Third-Party and Internet Systems

The Audit, the Meeting, and the Report depend on the proper functioning of third-party platforms, websites, search engines, internet infrastructure, scheduling and video-conferencing tools, and other online systems that are outside of Imagativ’s control. Imagativ is not responsible or liable for any delay, error, omission, outage, or failure in the Audit, Meeting, or Report caused by the unavailability, malfunction, or change in behavior of any such third-party or online system, including events commonly referred to as force majeure (e.g., internet or utility outages, acts of God, government action, or other circumstances beyond our reasonable control).

10. Subsequent Services

If you engage Imagativ for any Additional Services following the Audit, you acknowledge that the internet, search engines, social platforms, and related systems change continuously, and that the effectiveness of any strategy, recommendation, or Additional Service is also affected by the effort, spending, and activity of your competitors online. Imagativ does not guarantee any specific result from Additional Services for these reasons, among others; performance expectations should be discussed and documented in the specific agreement governing those Additional Services.

11. Client Representations and Warranties

By submitting the Audit request, you represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into these Terms; (b) you are an owner, officer, employee, or other authorized representative of the business being audited, with authority to request the Audit and to share information about that business; and (c) all information you submit through the Audit request form is true, accurate, and provided with the right to share it with Imagativ.

12. Communications Consent (Email and SMS)

By requesting the Audit, you agree to schedule a Meeting as described in Section 4 and to receive communications from Imagativ related to the Audit, the Meeting, the Report, and Imagativ’s services, by email and/or text message/SMS to the contact information you provide, until you opt out as described below.

For text messages, message and data rates may apply, and message frequency may vary. You may opt out of SMS communications at any time by replying STOP to any text message, and you may opt out of email communications at any time by using the unsubscribe link included in our emails or by emailing [email protected]. You may also opt out of both at any time by emailing [email protected] with your request. Opting out of marketing communications does not cancel a scheduled Meeting or entitle you to a refund of the Fee; if you wish to cancel or reschedule your Meeting, please contact us directly.

13. Confidentiality

Imagativ will treat the business information you submit through the Audit request form, and any non-public information discussed during the Meeting, as confidential, and will not disclose it to third parties except: (a) as needed to perform the Audit and prepare the Report; (b) with your consent; or (c) as required by law. This confidentiality obligation does not apply to information that is or becomes publicly available through no fault of Imagativ.

14. Intellectual Property

The Report, including its format, analysis structure, and Imagativ’s proprietary audit methodology, scoring, and written content, is the property of Imagativ. You may use the Report and its recommendations for your own internal business purposes. You may not resell, sublicense, or represent the Report or Imagativ’s methodology as your own work product, or use it to create a competing audit or report product, without Imagativ’s prior written consent.

15. Disclaimer of Warranties

THE AUDIT AND REPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IMAGATIV DOES NOT WARRANT THAT THE AUDIT, MEETING, OR REPORT WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. NOTHING IN THE REPORT CONSTITUTES LEGAL, FINANCIAL, OR TAX ADVICE, AND YOU SHOULD CONSULT QUALIFIED PROFESSIONALS BEFORE ACTING ON ANY RECOMMENDATION.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IMAGATIV’S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AUDIT, THE MEETING, THE REPORT, OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO IMAGATIV FOR THE AUDIT (I.E., $97). IN NO EVENT WILL IMAGATIV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Indemnification

You agree to indemnify and hold harmless Imagativ, its members, officers, employees, and contractors from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms; (b) inaccurate information you provided; or (c) your use of the Report or any recommendations in a manner inconsistent with these Terms.

18. Reviews, Feedback, and Public Statements

We welcome honest feedback, including critical feedback, about our services, and nothing in these Terms is intended to restrict your right to share truthful opinions or experiences, including in public reviews. However, Imagativ does not tolerate public statements that are knowingly false, materially misleading, or defamatory.

If you publish a statement about Imagativ that is false and damaging to our reputation, we reserve the right to request a correction or removal and to pursue all available legal remedies, including a claim for defamation and associated damages, to the extent permitted by law. This Section does not limit your rights under any applicable consumer protection law, including laws that protect your ability to leave honest reviews.

19. Governing Law; Binding Arbitration; Class Action Waiver

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Audit, the Meeting, or the Report shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted by a single arbitrator in Dutchess County, New York (or remotely, by mutual agreement). Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party shall bear its own costs and attorneys’ fees, except as the arbitrator may otherwise award.

ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Notwithstanding the foregoing, either party may bring an individual claim in small claims court if it qualifies, and Imagativ may seek injunctive relief in court to protect its intellectual property or confidential information.

20. Modifications to These Terms

Imagativ may update these Terms from time to time. The version in effect at the time you submit your Audit request governs that request. If we make material changes, we will post the updated Terms with a new effective date. Your continued use of the Audit service after changes are posted constitutes acceptance of the updated Terms.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

22. Entire Agreement

These Terms, together with any separate agreement governing Additional Services, constitute the entire agreement between you and Imagativ regarding the Audit, and supersede any prior understandings or agreements regarding the Audit.

23. Electronic Acceptance

By checking the applicable box, clicking “submit” or “pay,” or otherwise completing the Audit request form, you electronically sign and accept these Terms, and you consent to receive this agreement and related communications electronically.

24. Questions and Grievances

Questions, concerns, or grievances about the Audit, the Report, or these Terms should be directed to Imagativ at [email protected]. We aim to resolve concerns promptly and in good faith before either party pursues formal dispute resolution under Section 19.