These Terms and Conditions (“Terms”) govern your use of the services provided by Imaginasun LLC (“Imaginasun,” “we,” “us,” or “our”), including our website (www.imaginasun.com), client portal, on-demand courses, marketing evaluations, sales and leadership strategies, consultations, subscription services, and other services (collectively, the “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, you may not use our Service.
1. Acceptance of Terms
By using our Service, you agree to comply with and be bound by these Terms, our Privacy Policy, and any additional terms specific to particular services you access.
2. Eligibility
Our Service is intended for business owners and organizations. By using our Service, you represent and warrant that you are at least 18 years old and possess the legal authority to enter into these Terms on behalf of yourself or your organization.
3. Services Offered
Imaginasun provides a range of services, including but not limited to:
- Client Portal: Access to a dedicated portal for managing your account and accessing resources (excluding on-demand course enrollments).
- On-Demand Courses: Access to digital course materials on various business topics.
- Marketing Evaluations: Detailed review and analysis of marketing strategies, campaigns, and processes.
- Sales and Leadership Evaluations: Assessment of sales processes, team performance, and leadership effectiveness.
- Consultations: Personalized advice and coaching on digital marketing, sales management, leadership, and related areas.
- Subscription Services:
- Sunbeam Strategy Session: One 60-minute marketing, sales, and/or leadership strategy call. Additional strategy sessions within the same billing month are $125 per hour, with a maximum of four strategy sessions per month.
- Sunburst Strategy Package: One 60-minute strategy call per month for three months. Additional strategy sessions within the same billing quarter are $115 per hour, with a maximum of four strategy sessions per month.
- Solar Flare Strategy Package: One 60-minute strategy call per month for six months. Additional strategy sessions within the same billing six-month period are $105 per hour, with a maximum of four strategy sessions per month.
- Supernova Strategy Package: One 60-minute strategy call per month for one year. Additional strategy sessions within the same billing year are $95 per hour, with a maximum of four strategy sessions per month.
- Strategic Sunlight and Sunrise Startups: Project-based services with pricing determined by specific factors for each organization, to be determined after a deep dive consultation.
- C-Suite Solaris: Hourly-based services for up to ten hours per week, with the hourly rate and hours per week determined during a deeper dive consultation.
4. User Accounts and Client Portal
To access certain features of our Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information during the registration process and to update your information as necessary.
Clients who purchase services beyond on-demand courses will receive access to our client portal. The portal is designed to facilitate account management and provide access to relevant resources. Sharing portal access with unauthorized individuals is strictly prohibited.
5. Subscription Services
Imaginasun offers various subscription services, including Sunbeam Strategy Session, Sunburst Strategy Package, Solar Flare Strategy Package, and Supernova Strategy Package. By subscribing to any of these services, you agree to pay the applicable fees and abide by the specific terms and conditions associated with each service.
Subscription services are non-refundable and non-transferable. Imaginasun reserves the right to modify, suspend, or terminate subscription services at any time, with or without notice.
6. Deeper Dive Consultation
Imaginasun offers a Deeper Dive Consultation, which is a one-hour call at a cost of $100. The $100 fee is applied towards the balance of any services (Strategic Sunlight, Sunrise Startups, or C-Suite Solaris) if an agreement is signed within 14 days of the consultation.
7. Services Not Mentioned on the Website
Imaginasun may offer additional services not specifically mentioned on the website, including but not limited to Civic Affairs and Political Campaign Consultation. These services may be subject to additional terms and conditions, which will be provided to clients on a case-by-case basis. The terms and conditions outlined in this document apply to all services provided by Imaginasun, whether mentioned on the website or not.
8. Right to Refuse Service
Imaginasun reserves the right to refuse service to any individual or organization based on ethical or philosophical disagreements. We strive to work with clients whose values align with our own and may decline to engage with those whose principles or actions are in conflict with our mission and beliefs. However, refusal of service shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, sexual orientation, or physical handicap. We are committed to providing equal opportunities and do not discriminate based on these protected characteristics.
9. Consultation Agreements and Confidential Phone Number
Clients who sign up for a consultation agreement will be provided with a confidential phone number exclusively for their use. This number is intended to facilitate direct communication with our team and should not be shared with anyone outside your organization. Unauthorized sharing of this confidential number may result in termination of your consultation agreement.
10. Fees and Payment
Some of our services, such as on-demand courses, evaluations, consultations, and subscription services, require payment. Prices for these services are as listed on our website or as determined during consultations. By purchasing a service, you agree to pay the applicable fees and any associated taxes or charges. We reserve the right to change our prices at any time, but any changes will not affect previously purchased services.
11. Intellectual Property
All content, course materials, evaluation reports, and other materials provided by Imaginasun are the intellectual property of Imaginasun and are protected by copyright and other intellectual property laws. You may not copy, redistribute, or use the materials provided by Imaginasun for any commercial purpose without our express written consent.
12. User Conduct
By using our Service, you agree not to:
- Violate any applicable law or regulation.
- Share access to our Service, client portal, or confidential phone number without authorization.
- Distribute any content obtained through our Service without permission.
- Interfere with or disrupt the security or functionality of our Service.
- Engage in any fraudulent, abusive, or unlawful activity.
- Upload or transmit any viruses, malware, or other malicious code.
- Attempt to gain unauthorized access to our systems or the accounts of other users.
13. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.
14. Disclaimer of Warranties
Our Service is provided on an “as is” and “as available” basis. We make no warranties, express or implied, about the accuracy, reliability, or availability of our Service. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
15. Limitation of Liability
To the fullest extent permitted by law, Imaginasun shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of our Service.
16. Indemnification
You agree to indemnify, defend, and hold harmless Imaginasun, its affiliates, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of your use of our Service, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
17. Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions.
18. Changes to Terms
Imaginasun reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Service following the posting of changes constitutes your acceptance of such changes.
19. Entire Agreement
These Terms, together with our Privacy Policy and any additional terms specific to particular services, constitute the entire agreement between you and Imaginasun regarding
your use of our Service.
20. Contact Us
If you have any questions about these Terms, please contact us at:
Imaginasun LLC
Attn: Managing Partner
cameron@imaginasun.com
16064 Lakeland Drive
Babcock Ranch, FL 33982
21. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. If a court finds any provision of these Terms invalid, the court shall modify the provision to the minimum extent necessary to make it valid, legal, and enforceable.
22. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Imaginasun’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
23. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Imaginasun’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Imaginasun may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
24. Force Majeure
Imaginasun shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by circumstances beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
25. Headings
The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
26. Survival
Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
27. Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Imaginasun. Neither party shall have the right or authority to assume or create any obligation or responsibility on behalf of the other party.
28. Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
29. Notices
All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to the appropriate party at the address set forth in the “Contact Us” section or to such other address that may be designated by the receiving party in writing.
30. Dispute Resolution
Any dispute arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, the parties agree to submit the dispute to mediation before resorting to arbitration or litigation.
31. First Look
Clients who engage Imaginasun for consulting services agree to provide Imaginasun with a “first look” at any new projects, initiatives, or opportunities related to the scope of the consulting services provided. Clients shall notify Imaginasun of such opportunities before engaging or soliciting services from third parties. Imaginasun shall have the right to submit a proposal or bid for the new project or opportunity within a reasonable timeframe. This “first look” provision does not obligate the client to accept Imaginasun’s proposal or bid, but rather provides Imaginasun with the opportunity to be considered for the new project or opportunity before the client seeks third-party services.
32. Exclusivity
During the term of any consulting agreement and for a period of six (6) months following the termination of the agreement, clients agree not to engage, directly or indirectly, any individual or entity that was introduced to the client by Imaginasun for the purpose of providing services similar to those provided by Imaginasun. This exclusivity provision is intended to protect Imaginasun’s business interests and the confidential nature of its client relationships. If a client wishes to engage a third party introduced by Imaginasun for similar services within the exclusivity period, the client must obtain Imaginasun’s prior written consent.
33. Imaginasun’s Commitment to Non-Competition
For clients who sign a consulting agreement with Imaginasun for a term of three (3) months or longer, Imaginasun agrees not to work with any direct competitor of the client for the duration of the agreement. A direct competitor is defined as a company or organization that provides the same services in the same geographic area to potentially the same clients as the client. This commitment to non-competition is intended to protect the client’s business interests and maintain the confidential nature of the consulting relationship.
Imaginasun shall not knowingly engage, directly or indirectly, with any direct competitor of the client during the term of the consulting agreement. If Imaginasun becomes aware of a potential conflict of interest or is approached by a direct competitor of the client, Imaginasun shall promptly notify the client and decline the engagement.
This commitment to non-competition applies only to direct competitors and does not prevent Imaginasun from working with businesses or organizations that may offer similar services in different geographic areas or target different clientele.
Last updated: 6/5/2024
