Last Updated: March 28, 2025
These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Imaginasun LLC (“Imaginasun,” “we,” “us,” or “our”). This includes our website (www.imaginasun.com), any associated client portal, content, consultations, project-based services, subscription offerings, and other services we may provide (collectively, the “Service”).
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with these Terms, please do not access or use the Service.
1. Acceptance of Terms
Your use of the Service constitutes your agreement to these Terms. Additional terms, conditions, or agreements (such as a formal Consulting Agreement or Statement of Work) may apply to specific services, and those additional terms become part of your agreement with us if you use those services.
2. Eligibility
The Service is intended for business use by individuals who are at least 18 years old. By using the Service, you represent and warrant that you have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.
3. Services Overview
Imaginasun provides strategic consulting and support services focused on business growth, including, but not limited to:
- Fractional Leadership: Providing part-time, strategic marketing and sales leadership.
- Optimization Services: Analysis and strategic recommendations for marketing budgets and marketing/sales technology stacks.
- Team Building & Hiring Support: Strategic assistance with defining roles, sourcing candidates, interviewing, and developing marketing and sales talent.
- Project-Based Consulting: Custom engagements tailored to specific client needs and objectives (e.g., “Strategic Sunlight,” “Sunrise Startups”).
- Initial Strategy Consultations: Services like the “Strategic Snapshot” designed to provide initial insights and assess fit.
- Other Services: Potential offerings such as on-demand courses, specialized consulting (e.g., Civic Affairs/Political Campaigns), or other services as may be introduced.
Specific details, deliverables, scope, and fees for services will be outlined on our website, in specific service descriptions, or within individual client agreements or Statements of Work (SOWs).
4. User Accounts and Client Portal
Accessing certain features may require creating an account or utilizing a client portal. You are responsible for safeguarding your account credentials and for all activities under your account. You agree to provide accurate information and update it promptly. Client portal access, if provided, is for authorized users within your organization only and may not be shared externally.
5. Subscription and Retainer Services
Imaginasun may offer services on a subscription or retainer basis. These services are subject to the specific terms, fees, and payment schedules outlined in the corresponding service description or agreement provided at the time of purchase or engagement. Unless otherwise specified in a separate agreement, subscription/retainer fees are typically non-refundable and non-transferable. We reserve the right to modify or discontinue subscription offerings, providing notice as appropriate or required by law.
6. Strategic Snapshot Consultation
Imaginasun offers an initial “Strategic Snapshot” consultation (or similar introductory service) for a specified fee, as detailed on our website or promotional materials. This fee may, at Imaginasun’s discretion and under terms specified at the time of offer (e.g., application towards future services if an agreement is signed within 14 days), be credited towards subsequent, more extensive service engagements.
7. Services Not Listed
Imaginasun may offer services not explicitly detailed on the website. These engagements will be governed by these Terms, supplemented by any specific agreement outlining the scope, deliverables, and fees for that particular service.
8. Right to Refuse Service
Imaginasun reserves the right to decline or terminate service engagements based on ethical considerations, philosophical disagreements, or conflicts with our core values, mission, or beliefs. However, service will not be refused based on legally protected characteristics such as race, creed, color, religion, sex, national origin, marital status, sexual orientation, age, or disability.
9. Confidential Contact Methods
For certain ongoing consulting engagements, Imaginasun may provide clients with specific, confidential contact methods (such as a dedicated phone number) for direct communication. These methods are for the client’s exclusive use within their organization and must not be shared externally. Unauthorized sharing may lead to termination of the engagement.
10. Fees and Payment
Fees for Services are detailed on our website or within specific proposals, SOWs, or agreements. By purchasing or engaging with a Service requiring payment, you agree to pay all applicable fees, charges, and taxes. Payments are due as specified in the relevant invoice or agreement. We reserve the right to change our pricing, but changes will not retroactively affect agreed-upon fees for ongoing engagements unless mutually agreed upon. Late payments may incur interest charges or result in suspension of Services.
11. Intellectual Property
All content provided through the Service, including website text, graphics, logos, course materials, methodologies, templates, evaluation reports, and strategic frameworks, is the intellectual property of Imaginasun LLC or its licensors and is protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable license to use materials directly provided to you for your internal business purposes only, as outlined in specific service agreements. You may not reproduce, redistribute, modify, create derivative works from, or publicly display any Imaginasun intellectual property without our express prior written consent. Specific deliverables created uniquely for a client as part of a defined project engagement may be subject to different ownership terms as specified in the relevant SOW or Consulting Agreement.
12. User Conduct
You agree not to use the Service to:
- Violate any applicable laws or regulations.
- Infringe upon the intellectual property rights of Imaginasun or others.
- Share confidential information (like portal access or contact methods) improperly.
- Transmit spam, viruses, malware, or other harmful code.
- Engage in fraudulent, deceptive, or abusive activity.
- Interfere with the security or proper functioning of the Service.
- Attempt unauthorized access to our systems or data.
13. Termination
We reserve the right to terminate or suspend your access to the Service, without prior notice or liability, for conduct that breaches these Terms or for any other reason at our discretion. You may terminate your use of general website services at any time; termination of specific paid services is governed by the relevant agreement. Upon termination, your right to use the Service ceases immediately.
14. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. IMAGINASUN DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET YOUR SPECIFIC REQUIREMENTS. ANY ADVICE OR INFORMATION OBTAINED THROUGH THE SERVICE IS USED AT YOUR OWN RISK.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IMAGINASUN LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID BY YOU TO IMAGINASUN FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
16. Indemnification
You agree to defend, indemnify, and hold harmless Imaginasun LLC and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles.
18. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we may provide notice (e.g., by updating the “Last Updated” date, posting a notice on our website, or sending an email). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms.
19. Entire Agreement
These Terms, together with our Privacy Policy and any specific Service Agreement or SOW executed between you and Imaginasun, constitute the entire agreement between you and Imaginasun concerning the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral.
20. Contact Us
If you have any questions about these Terms, please contact us at:
Imaginasun LLC
Attn: Legal/Terms Inquiry
cameron@imaginasun.com
16064 Lakeland Drive
Punta Gorda, FL 33982
21. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
22. Waiver
No waiver by Imaginasun of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Imaginasun to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
23. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Imaginasun without restriction.
24. Force Majeure
Imaginasun will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
25. Headings
The section headings used herein are for convenience only and shall not be given any legal import.
26. Survival
Provisions that, by their nature, should survive termination of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
27. Relationship of the Parties
The relationship between you and Imaginasun is that of independent contractors. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchisee relationship.
28. Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Imaginasun.
29. Notices
Any notices or other communications provided by Imaginasun under these Terms may be given: (i) via email; or (ii) by posting to the website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
30. Dispute Resolution
The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service through good faith negotiation. If negotiation fails, the parties agree to attempt mediation with a mutually agreed-upon mediator before pursuing other legal remedies like arbitration or litigation, unless injunctive relief is sought.
31. First Look Opportunity
Clients engaging Imaginasun for specified consulting services may agree, as outlined in a separate Consulting Agreement, to provide Imaginasun with a “first look” opportunity for certain new projects or initiatives directly related to the scope of services provided by Imaginasun, before actively soliciting proposals from third parties. This provides Imaginasun an opportunity to submit a proposal but does not obligate the client to accept it.
32. Exclusivity Regarding Introductions
As may be further detailed in a specific Consulting Agreement, clients may agree not to directly engage individuals or entities introduced by Imaginasun for the purpose of providing services substantially similar to those offered by Imaginasun, for a defined period following the introduction or engagement termination, without Imaginasun’s prior written consent.
33. Imaginasun’s Commitment to Client Confidentiality & Non-Competition
For certain retainer or long-term engagements, as explicitly defined in a separate Consulting Agreement, Imaginasun may agree not to provide services to named, direct competitors of the client for the duration specified in that agreement. The scope of such non-competition (definition of competitor, geographic area, service type) will be precisely defined in the specific client agreement. Imaginasun upholds strict client confidentiality for all engagements.