Introduction and Acceptance of Terms

Please read these Terms of Use and our Privacy Policy carefully as they govern your use of the website of Imagination Mining Co, LLC (“IMC”, “we”, or “us”) and all of its subsidiary websites and services. We provide this website (the “Site”), applications (the “App”), products, and services (collectively, the “Services”) to you subject to the following terms of use and any additional terms incorporated herein by reference (collectively, the “Terms”). Before you use the Services, you must agree to these Terms.

THE TERMS INCLUDE AN ARBITRATION PROVISION. PLEASE READ THESE “BINDING ARBITRATION” AND “CLASS WAIVER” PROVISIONS CAREFULLY, AS THEY AFFECT YOUR RIGHTS AND REQUIRE THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, INCLUDING ON A RETROACTIVE BASIS, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “BINDING ARBITRATION AND CLASS WAIVER.” OTHERWISE, BY USING THE SERVICES, OR BY CLICKING “I ACCEPT” OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE ARBITRATION PROVISION AND THESE TERMS.

YOU MUST BE A LEGAL RESIDENT OF THE U.S. TO USE THE SERVICES. NO ONE UNDER THE AGE OF 18 MAY USE THE SERVICES.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. WE ARE WILLING TO MAKE THE SERVICES AVAILABLE TO YOU ONLY IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SERVICES OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT,” OR BY PURCHASING OR RECEIVING A IMC NFT (AS DEFINED BELOW), OR OTHERWISE INDICATING YOUR ACCEPTANCE, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. THESE TERMS REPRESENT THE COMPLETE AGREEMENT BETWEEN YOU AND IMC CONCERNING THE SERVICES, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF. IF YOU DO NOT HAVE SUCH AUTHORITY, THEN WE ARE UNWILLING TO MAKE THESE SERVICES AVAILABLE TO YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Updates and Amendments to Terms of Use and Privacy Policy

You understand and agree that we may from time to time make changes or otherwise amend these Terms of Use, Official Rules or the Privacy Policy. We may, but shall not be required to, provide notice to you of any changes or amendments, and to the extent any such obligation under law exists notwithstanding this provision, you agree that such obligation would be satisfied by sending an email to the email address associated with your Account. The current Terms of Use, Privacy Policy and Official Rules will be posted on the Site. It shall be your obligation to check the Terms, Policy and Rules each time you use the Services. You agree that your continued use of the Services after that date will constitute your acceptance of and agreement to such changes.

You may not use these Services if you do not agree to these Terms, if you are not of legal age to enter into these Terms in your jurisdiction of residence, or if you are prohibited from using the Services or any of our contents, products, or services by applicable law.

No one at IMC is authorized to modify these Terms with you or otherwise enter into an agreement with you that conflicts with these Terms except by means of a written agreement signed by an authorized agent of IMC, and any purported modifications, alterations, or conflicting terms will be null and void.

PLEASE READ THESE TERMS CAREFULLY, SINCE THEY INCLUDE IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS, ALONG WITH CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE RELEVANT TO YOU.

Use of the Services

• The Services, and all information contained therein, are provided on an “as is” basis.
• The Services may become unavailable due to maintenance or malfunction of equipment or other reasons, and there may be delays, omissions, or inaccuracies in information contained in the Services.
• The form and nature of the Services may change from time to time without prior notice to you. You acknowledge and agree that we may add new features and/or change any part of the Services at any time without notice.
• The information contained in the Services does not constitute the rendering of any legal, accounting, tax, or other such professional advice.
• No part of the Services may be reproduced or transmitted in any form, by any means, except that IMC authorizes you to view, copy, download, and print documents available through the Services, provided that you use the documents solely for noncommercial, informational purposes, that you do not modify the documents, and that you do not remove copyright, trademark, and other proprietary notices.
• Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any documents displayed on the Services, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of IMC.
• All information, including but not limited to suggestions, comments, ideas, graphics, or other submissions, communicated to IMC through the Services is the exclusive property of IMC, and IMC is entitled to use any submitted information for any purpose without restriction (except as stated in our Privacy Policy) and without compensation to the person who submitted said information. The user acknowledges and warrants the originality of any submission and accepts all responsibility for its accuracy, appropriateness, and legality.

Ownership and Use Restrictions

You acknowledge and agree that IMC (and, as applicable, our licensors) owns all right, title, and interest in and to all elements of the Services and all intellectual property rights therein (including, without limitation, all designs, systems, methods, information, computer code, software, services, “look and feel,” organization, compilation of the content, code, data, and all other elements of the Services (collectively, the “IMC Services Materials”)). You acknowledge that the IMC Services Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All IMC Service Materials are the copyrighted property of IMC or its licensors, and all trademarks, service marks, and trade names associated with the Services otherwise contained in the IMC Service Materials are proprietary to IMC or its licensors, or are third-party intellectual property being used under the fair use doctrine. Except as expressly set forth herein, your use of the Services does not grant you ownership of any other rights with respect to any content, code, data, or other IMC Services Materials that you may access via the Services. We reserve all rights in and to the IMC Services Materials that are not expressly granted to you in these Terms.

You understand and agree that (a) you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the IMC Services Materials without our prior written consent in each case, which consent IMC may withhold in its sole and absolute discretion; (b) you will not apply for, register, or otherwise use or attempt to use any IMC trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each use, which consent IMC may withhold in its sole and absolute discretion.

Conditions of Use

YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN CONDUCT WHILE USING THE SERVICES, AND THAT YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES THEREOF. YOU AGREE THAT YOU WILL ONLY USE THE SERVICES FOR PURPOSES THAT ARE LEGAL, PROPER, AND IN ACCORDANCE WITH THESE TERMS AND APPLICABLE LAWS OR REGULATIONS.

You warrant and agree that your use of the Services will not in any manner involve:

• The impersonation of another person.
• The use of automated software that simulates human behavior, such as bots.
• The use of unauthorized software, scripts, or the like (including but not limited to bots, spiders, mods, and scrapers) to modify, automate, or change the Services in any way, or to collect data.
• The acquisition of IMC assets via inappropriate or illegal means, including but not limited to acquisitions made via payment mechanisms that you do not have the right to use.
• The wrongful receipt or seizure of any IMC assets.
• The access, modification, or use of any nonpublic areas of the Services or our computer systems.
• An attempt to probe, scan, or test the vulnerabilities of the Services or any related system, or an attempt to breach any security or authentication measures used in connection with the Services.
• An attempt to modify, adapt, or reverse engineer any portion of the Services.
• The creation of a product or service that competes with the Services.
• Interference or attempted interference with the access or enjoyment of any user, host, or network, including but not limited to attempts to overload, flood, or spam the Services.
• The distribution or attempted distribution of any viruses, worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature.
• The sending, uploading, distribution, or dissemination of any unlawful, defamatory, harassing, abusive, fraudulent, obscene, offensive, or otherwise objectionable material.
• Abuse, harassment, or threats against any users of the Services or any of our representatives.
• The use of any abusive, defamatory, harassing, obscene, offensive, hateful, vulgar, or otherwise objectionable language when communicating with any users of the Services or any of our representatives.
• The infringement of any intellectual property rights.
• The violation of the legal rights of others.
• Illegal activity, or the promotion or encouragement of illegal activity.
• An attempt to harm or threaten to harm other users in any way.

You agree that IMC has the right, without providing prior notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD US AND OUR PARENT, SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, LICENSORS, LICENSEES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUCCESSORS HARMLESS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS EITHER BY US OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

You represent, warrant, covenant, and agree that (a) you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including, without limitation, Cuba, Iran, North Korea, or Syria; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List, (ii) that appears on the U.S. Department of State’s terrorist Exclusion List, (iii) that is subject to sanctions in any other country, or (iv) that is engaged in the design, development, or production of nuclear, biological, or chemical weapons, missiles, or unmanned aerial vehicles. You are not allowed to use the Services if we identify your IP address or address of residence or use of the Services as originating from any such country.

You represent, warrant, covenant, and agree (a) that you will not use, trade, sell, or otherwise dispose of any asset from the Services in any manner that is contrary to or in violation of any applicable law; (b) that you have the full right and authority to use the Services and to be bound by these Terms; and (c) that you will at all times comply with applicable laws.

You acknowledge and agree that, if you access the Services via browser, IMC may cease to support a given browser, and that your continued use of the Services may require you to download and use a supported browser. You also acknowledge and agree that the performance of the Services is dependent on the performance of your electronics equipment and your Internet connection and/or telecommunications services.

You acknowledge and agree that the Services may include hyperlinks to other websites or resources (the “External Sites”), which are provided solely as a convenience to our users. We have no control over the External Sites. You acknowledge and agree that IMC is not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that IMC is not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance you place on the completeness, accuracy, or existence of any advertising, products, or other materials on or made available from any External Sites.

Termination

• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
• If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
• Section 1 and Sections 3 to 13 will survive termination or expiration of these Terms for any reason.

Disclaimer of Warranties

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

Exceptions: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE REPRESENTATIONS AND WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND WHICH FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.

Limitations of Liability

• BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF DOUBLEDOWN, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF DOUBLEDOWN AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID DOUBLEDOWN IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES
• YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK, AND THAT THE SERVICES MAY BE TERMINATED AT ANY TIME BY IMC OR THIRD PARTIES PROVIDING FACILITIES AND TECHNOLOGY FOR ITS OPERATION.
• YOU ACKNOWLEDGE AND ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
• YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTIONAL AGENCIES, LICENSORS, LICENSEES AND EACH OF THEIR RESPECTIVE PARENT COMPANIES WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DIMINUTION OF VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
• CALIFORNIA NOTICE: By using the Services and agreeing to these Terms, you expressly waive all rights under Section 1542 of the Civil Code of California (and any similar laws), which reads as follows: “1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree to defend, indemnify and hold harmless (including reasonable attorney’s fees and costs of suit) IMC and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers, and partners and each of their respective parent companies from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (a) your breach of these Terms, (b) your use or misuse of the Services, or (c) your violation of applicable laws, rules, or regulations in connection with your access to or use of the Services.

Force Majeure

• We will not be liable or responsible to you, nor will we be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when such failure or delay is caused by or results from one or more of the following force majeure events: acts of God; flood, fire, earthquake, epidemics, pandemics, tsunami, hurricane, explosion; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or action; embargoes or blockades; strikes, labor stoppages, or other industrial disturbance; telecommunications breakdown, shortage of adequate power or electricity, shortage of adequate Internet connectivity; other similar events beyond our control.
• In the event IMC is subject to a force majeure event, we will use commercially reasonable efforts to promptly notify you of the event and its expected duration. We will resume performance as soon as reasonably practicable. In the event we are unable to resume performance, we may terminate these Terms.

Dispute Resolution – Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS, REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH IMC, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. WHILE YOU MUST AGREE TO THESE PROVISIONS AS TO ANY AND ALL CLAIMS, THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST IMC. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST IMC BY SOMEONE ELSE.

ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

• Pre-Arbitration Procedure. Before initiating any arbitration, you must follow a robust pre-arbitration notice procedure aimed at facilitating prompt and low-cost resolutions to any dispute with IMC.
• Pre-Arbitration Notice Procedure. This procedure includes:
  • Notice Requirement: You must send a certified letter with confirmation of receipt to Imagination Mining Co., LLC at 1 Monckton Blvd., Columbia, SC 29206 and an electronic copy to contact@imaginationminingco.com. The letter must contain specific information about the dispute, including your name, address, contact information, the amount in dispute, and a summary of the reasons for the dispute.
  • Resolution Period: After sending the notice, you must wait 45 days to allow IMC to analyze the claim and engage in a good faith discussion with you to resolve the dispute.
  • Video Session Requirement: You are required to participate in a video session to discuss the dispute with the intention of resolving it. While you may have an attorney present, you must personally attend this session. All these steps must be completed before an arbitration complaint can be filed.
• Jurisdictional Nature of Pre-Arbitration Notice. The pre-arbitration notice procedure is jurisdictional. The arbitration administrator is required to dismiss any arbitration filing where you have not completed the mandatory pre-arbitration notice procedure. You must include language in your arbitration filing that confirms the pre-arbitration notice procedure has been satisfied.
• Fee Prohibition. The arbitration administrator is prohibited from seeking any fees from IMC if the pre-filing notice procedure has not been certified as complete by you.
• Dismissal of Court Filings. Any complaint filed in court must be dismissed, as all claims are subject to arbitration per this agreement.
• Company’s Right to Seek Fees. IMC reserves the right to seek fees if you file for arbitration without first engaging in the pre-filing notice procedure. IMC may also seek fees if you file a court complaint instead of following the pre-arbitration notice procedure and subsequently filing an arbitration complaint.
• Scope of Arbitration Provision. You and IMC agree that any past, pending, or future dispute, claim, or controversy arising out of relating to your access to or use of any IMC Services or these Terms of Use (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms of Use) (a "Dispute"), shall be determined by arbitration, except that you and IMC are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
• YOU EXPRESSLY AGREE TO GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
• Waiver of Class Relief. YOU EXPRESSLY AGREE THAT YOU AND IMC WILL NOT COMMENCE AGAINST THE OTHER ANY LAWSUIT, ARBITRATION, OR OTHER DISPUTE RESOLUTION MECHANISM AS A MEMBER OF A CLASS OF CLAIMANTS, INCLUDING, WITHOUT LIMITATION, AS A MEMBER OF A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE LAWSUIT. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms.
• OPTION TO OPT OUT. YOU MAY OPT OUT OF THESE ARBITRATION AND CLASS ACTION PROVISIONS BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT OUT, THESE TERMS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.

PROCEDURE TO OPT OUT OF ARBITRATION. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL TO [contact@imaginationminingco.com] CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE BODY OR SUBJECT LINE OF THE EMAIL.

• Location of Arbitration and Applicable Rules. All disputes arising out of or in connection with these Terms, or in respect of any defined legal relationship associated therewith, shall be resolved exclusively by arbitration under the Federal Arbitration Act and using the Streamlined Arbitration Rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), with arbitration to occur in Columbia, South Carolina; and the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
• Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and IMC will bear all other costs charged by JAMS or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees. Each party will cover its own fees and costs associated with the arbitration proceedings.
• Authority of Arbitrator. With the exception of the class procedures and remedies discussed above under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator’s award will be final and binding, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that they will not appeal any arbitration decision to any court.
• Notwithstanding the foregoing, we may seek and obtain injunctive relief in any jurisdiction in any court of competent jurisdiction, and you agree that these terms are specifically enforceable by us through injunctive relief and other equitable remedies and without proof of monetary damages.

One Year Statute of Limitations

• You and IMC agree that any claims, regardless of form, arising out of or related to the Site (including Services) or these Terms of Use or Privacy Policy must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

Privacy Policy

IMCʼs Privacy Policy describes the ways in which we collect, use, and disclose your personal information. Our Privacy Policy (here) is hereby incorporated by this reference into these Terms, and you agree to the collection, use, and disclosure of your data as set forth in the Privacy Policy.

Notice for California Users

Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

General

• These Terms, together with our Privacy Policy, constitute the entire and exclusive agreement between IMC and you regarding the Services, and they supersede and replace any prior or contemporaneous agreements or understandings between IMC and you regarding the Services. Entry in any Sweepstakes administered by IMC will be further governed by the Official Rules of said Sweepstakes.
• If a particular provision of these Terms is held to be invalid, illegal, void, or unenforceable, the parties agree that the provision should be “blue-penciled” or otherwise read and enforced to the greatest extent consistent with the parties’ intent and, if not enforceable, said provision shall be deemed to be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions of these Terms.
• You may not assign or otherwise transfer these Terms or any of your rights or obligations under these Terms to any third party without IMCʼs prior written consent, which consent is within IMCʼs sole and unfettered discretion. IMC may assign our rights and obligations under these Terms to any third party in our sole and unfettered discretion, and without your consent.
• Nothing in these Terms shall constitute a partnership or joint venture between you and IMC.
• These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.
• IMCʼs failure to exercise or enforce any right or provision under these Terms shall not operate as a waiver of such right or provision. Any waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
• All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of South Carolina without giving effect to any choice-of-law or conflict-of-law provisions or rules (whether of the State of South Carolina or any other jurisdiction); provided, however, that any issues with respect to the interpretation, applicability, and enforcement of Section 9 above shall be governed by the Federal Arbitration Act (9 U.S. Code § 1, et seq.) in any instance in which that Act differs from the relevant law of South Carolina. Subject to the arbitration provisions of these Terms, any legal action or proceeding arising under these Terms will be brought exclusively in the courts of the State of South Carolina, and we and you irrevocably consent to personal jurisdiction and venue there.
• IMC may provide you with any notices, including any regarding changes to these Terms, by email or by posting them in the Services. By providing IMC with your email address, you consent to our use of that address to send you any notices. Notices that we send by email will be effective when we send the email, and notices that we post will be effective when they are posted. It is your responsibility to keep your email address up to date.