IF YOU HAVE QUESTIONS ABOUT YOUR MEDICAL CARE OR A RELATED BILL/INVOICE, PLEASE REACH OUT TO YOUR DOCTOR OR OTHER HEALTHCARE PROVIDER’S OFFICE.  WE ARE UNABLE TO ANSWER PATIENT-LEVEL QUESTIONS.

Our customers are healthcare providers and other businesses.  We do not provide medical services, do not treat patients, and do not operate as a consumer-facing medical provider.  If you need assistance using the ImaginePay payment portal or processing a payment, please contact support@imaginepay.com. 

TERMS OF USE

Last Updated: October 1, 2026

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Technology Partners, LLC d/b/a ImagineSoftware, (“Company,” “we,” “us,” or “our”) concerning your access to and use of the ImaginePay websites located at https://imaginepay.com/ and https://pay.imaginepay.com/, all subpages and subdomains of either, and any related mobile website or application (collectively, the “Site”) and your use of the Company’s payment platform known as ImaginePay. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

OFFICIAL SITES.

The Company operates the Site only at imaginepay.com and pay.imaginepay.com. We will not ask you to pay by gift card, wire transfer, or cryptocurrency, or to send card numbers by email or text. If you receive a payment request that appears fraudulent, contact your Provider and report it to compliance@imagineteam.com.

PAYMENTS MADE THROUGH IMAGINEPAY.

ImaginePay is a software platform that lets healthcare providers and their billing companies (each, a “Provider”) accept payments. When you make a payment through the Site, you are paying the Provider, not the Company, and the Provider is the merchant for the transaction. Payments are processed by payment processors we approve, and we do not hold your funds. By submitting a payment, you authorize the Provider and its processor to charge the card or account you provide for the amount you confirm, and you represent that you are authorized to use that card or account. Questions about the amount owed, the services billed, insurance, or refunds should be directed to your Provider. We do not charge you a fee to use the Site. A convenience fee, to the extent any, is determined by your Provider.  Card and bank information is collected and stored by our payment processors and handled under the Privacy Policy. Nothing in these Terms of Use limits any right you have against your card issuer or bank, including any chargeback, dispute, or error-resolution right under applicable law.

TEXT MESSAGES.

If you provide or have provided a mobile number to us or to your Provider, the Company may send text messages on behalf of your Provider, such as payment links, receipts, and account notifications. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Carriers are not liable for delayed or undelivered messages. We do not use your mobile number or opt-in consent for marketing and do not share it with third parties for their marketing. See our Privacy Policy for how we handle mobile information. Contact: support@imaginepay.com.

SUPPORT REQUESTS.

For questions and support issues, please reach out to support@imaginepay.com.  Do not include full card numbers, bank account numbers, or details about your medical care in emails, text messages, forms, or other communications to us. Information processed through the platform to complete a payment is handled on behalf of your Provider in accordance with its instructions, our agreements with it, and the Privacy Policy.

RELATIONSHIP TO OTHER TERMS.

These Terms of Use govern your access to and use of the Site. They do not modify or replace (a) the ImaginePay Terms and Conditions for Practices and Partners at https://imaginepay.com/terms-and-conditions-for-practices-and-partners, (b) any signed agreement or business associate agreement between you and the Company, or (c) any agreement between you and a payment processor. If these Terms of Use conflict with any of them, that agreement controls as to the products and services it covers.

ACCOUNTS.

If you create an account on the Site, you will provide accurate and current information, keep your credentials confidential, and are responsible for activity under your account. Notify us promptly at support@imaginepay.com of any unauthorized use. We may suspend or restrict an account, or decline or hold a transaction, that we reasonably believe involves fraud, unauthorized use, or a violation of these Terms of Use.

ELECTRONIC COMMUNICATIONS AND SIGNATURES.

By using the Site, you consent to receive communications from us electronically (including by email, text message, and posting on the Site) and agree that electronic communications satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures and records for transactions initiated through the Site. This section does not waive any right you have under applicable law to receive specific disclosures in a particular form.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Site “AS IS” for your information and personal use only.   Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non­commercial use.  We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are at least eighteen (18) years old; (3) you will not access the Site through automated or non­human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses (parents and legal guardians may use the Site to make payments on behalf of a minor patient).
3. Use the Site to advertise or offer to sell goods and services.
4. Circumvent, disable, or otherwise interfere with security related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
5. Engage in unauthorized framing of or linking to the Site.
6. Trick, defraud, or mislead us and other Site visitors or users, especially in any attempt to learn sensitive account information such as user passwords.
7. Make improper use of our support services or submit false reports of abuse or misconduct.
8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
10. Use any information obtained from the Site in order to harass, abuse, or harm another person.
11. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
12. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
13. Harass, annoy, intimidate, or threaten any of our employees or agents.
14. Delete the copyright or other proprietary rights notice from any Content.
15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
16. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
17. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, tracking technologies, clear graphics interchange formats (“gifs”), web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
18. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
19. Use the Site in a manner inconsistent with any applicable laws or regulations.
20. Impersonate any person or the Company, or operate or promote any website, domain name, social media account, message, or payment request that uses the ImaginePay name or Marks or is likely to cause confusion with the Site.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non­confidential.  ”Submissions” does not include (a) payment card, bank account, or transaction information, (b) protected health information or other information about your healthcare or billing, (c) data you provide under a separate written agreement, or (d) personal information you provide through the Site, which we will handle under our Privacy Policy.  You grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly perform, publicly display, and distribute your Submissions for any lawful purpose, without attribution, notice, or compensation.  You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party Websites.

The Site may display offers from third parties, and we may receive compensation if you enroll. Enrolling is optional and is not a condition of making a payment. We will not use or disclose protected health information to select, target, or deliver those offers. Third-party offers are governed solely by the third party’s terms and privacy policy, and we are not responsible for third-party services.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.  We may, without notice, remove or refuse to post any content; disable any user name, password, or other identifier; and take any action we deem necessary or appropriate to protect the Site, users, or our interests.

PRIVACY POLICY

We care about data privacy and security. Our Privacy Policy, available at: https://imaginepay.com/privacy-policy, describes how we collect, use, and share information through the Site. The Site is operated from, and directed to users in, the United States. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

DMCA Takedown Notice

If you believe content on the Site infringes your copyright, please send a notice pursuant to 17 U.S.C. §512(c) to our legal department.  Your notice must include: (i) a signature of the copyright owner or authorized agent; (ii) identification of the work claimed to be infringed; (iii) identification of the infringing material and information reasonably sufficient to permit us to locate it; (iv) your contact information; (v) a statement of good-faith belief; and (vi) a statement under penalty of perjury of accuracy and authorization.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of North Carolina applicable to agreements made and to be entirely performed within North Carolina, without regard to its conflict of law principles.

DISPUTE RESOLUTION

To the extent permitted by applicable law, any claim relating to the Site must be commenced within one (1) year after it accrues, unless applicable law provides a longer period that cannot be waived.

Binding Arbitration

If you and we are unable to resolve a dispute through informal negotiations, the dispute (except those disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by you or us. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Charlotte, North Carolina. Except as otherwise provided herein, you or we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a dispute proceeds in court rather than arbitration, the dispute shall be commenced or prosecuted in the state and federal courts located in  Charlotte, North Carolina, and you hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any dispute brought by you or us related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you agree to submit to the personal jurisdiction of that court.

To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.  Either party may bring an individual action in a court of competent jurisdiction for claims within that court’s small-claims jurisdiction.

Batch Arbitration

If 25 or more similar arbitration demands against us, presented by or with the assistance of the same law firm, coordinated group of law firms, or organization, are filed with an arbitration provider within a 180-day period, and the arbitrator(s) appointed in connection with those demands determine that they assert claims involving common issues of law or fact, the arbitration provider shall administer the arbitrations in batches of no more than 100 demands per batch (to the extent feasible), pursuant to the AAA’s Mass Arbitration Supplementary Rules or any successor or equivalent rules then in effect.  The parties agree to cooperate in good faith with the arbitration provider to implement such a batch approach, including with respect to the payment of filing and administrative fees, selection of a single arbitrator or panel to preside over each batch, and any consolidated briefing or hearing schedule the arbitrator(s) deem appropriate.  Each individual claimant’s arbitration within a batch remains an individual proceeding, and no batch, consolidation, or coordinated administrative treatment authorized under this provision shall be construed as class, collective, or representative arbitration, which remains prohibited under these Terms of Use.  If the arbitration provider or a court determines this Batch Arbitration provision is unenforceable as to a given batch or claimant, the remainder of these dispute resolution provisions, including the individual-arbitration and class-action-waiver requirements above, shall remain in full force and effect as to all other claims and claimants.

Exceptions to Arbitration

You agree that the following disputes are not subject to the above provisions concerning binding arbitration: (a) any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of you or us; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither you nor we will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS­IS AND AS­AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON­INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD ­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

NOTHING IN THESE TERMS OF USE LIMITS OUR OBLIGATION TO CORRECT OR REFUND ANY PAYMENT THAT WE OR OUR PROCESSORS PROCESSED IN ERROR, INCLUDING DUPLICATE, UNAUTHORIZED, OR INCORRECTLY DIRECTED CHARGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT OF THE PAYMENT TRANSACTION GIVING RISE TO THE CLAIM..  THE FOREGOING LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. Nothing in these Terms limits liability for fraud, willful misconduct, or injury where such limitation is not permitted by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your use of a card or account you were not authorized to use; (3) breach of these Terms of Use; (4) your violation of the rights of a third party; or (5) any overt harmful act toward any other visitor or user of the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952­5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us regarding your use of the Site, and supersede prior understandings on that subject only.  Information provided on the Site is for informational purposes only and does not constitute a binding offer, professional advice or warranty.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

info@imagineteam.com

NOTICES

Any notices should be sent to: 

Technology Partners, LLC d/b/a ImagineSoftware

Attn: Legal Department

8757 Red Oak Blvd., Charlotte, NC 28217

notices@imagineteam.com

(704) 553-1004.