TERMS
OF
USE

APRIL 18, 2024

By using ImperfectActionLLC.com, the Imperfect Action LLC website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to Imperfect Action LLC and "Services" refers to all services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please email coaching@imperfectactionllc.com.

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YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

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These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute, as described in Paragraph 6 below.

Please also refer to the Imperfect Action Privacy Policy, which is incorporated herein by reference.

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Imperfect Action provides an online portal to give visitors a general understanding of the products and services offered.

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At no time does Imperfect Action explicitly or implicitly guarantee results of services provided.

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Products sold on ImperfectActionLLC.com are manufactured by a 3rd party, and therefore are not warranted against defects by Imperfect Action. Customer agrees not to hold Imperfect Action, LLC responsible for any damages resulting from products sold on ImperfectActionLLC.com.

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1. Privacy Policy.

A. The Coach and the Client will each of them comply as appropriate with applicable privacy/data protection legislation, binding court order, judgment or decree, guidance, codes, policy or standards.

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B. With regard to processing personal data/personal identifiable information (“data”) in relation to the Client, the Coach will: process such data lawfully (on an appropriate basis including but not limited to consent, or to comply with the Coach’s legal or regulatory obligations, or for contractual performance, or for the Coach’s legitimate interests), fairly and in a transparent manner; collect such data for specified, explicit and legitimate purposes and not further process such data in a manner that is incompatible with those purposes; ensure that such data is adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed; maintain such data accurately; keep such data for no longer than is necessary for the purposes for which the data are processed; process such data in a manner that ensures appropriate security of the data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures; maintain records of such data processing under applicable privacy/data protection legislation requirements; share such data with third parties who the Coach will inform the Client about; concerning such data, observe the Client’s privacy/data protection rights under applicable privacy/data protection legislation requirements, which may be subject to some conditions and exceptions; process such data for marketing purposes under applicable privacy/data protection legislation requirements; in case of a security breach concerning such data, where requirements of applicable privacy/data protection legislation are met, notify a regulatory or supervisory authority, board or other body responsible for administering privacy/data protection legislation, and the Client of the data security breach; and, where it is necessary for the Coach to transfer such data internationally the Coach will comply with applicable privacy/data protection legislation requirements designed to ensure the privacy of such data.

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C. In connection with any infringement by the Coach of applicable privacy/data protection legislation requirements, including a security breach, concerning personal data/personal identifiable information in relation to the Client, the Coach’s entire liability under this Agreement and the Client’s exclusive remedy shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.

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2. Ownership 

This Site and Applications are owned and operated by Imperfect Action, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Imperfect Action or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Imperfect Action, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Imperfect Action's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Imperfect Action does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Imperfect Action. Any rights not expressly granted herein are reserved by Imperfect Action.

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3. Limited Permission to Download. 

Imperfect Action hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.

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4. Links to Third Party Sites.

This Site and Applications may contain links to websites controlled by parties other than Imperfect Action LLC (each a "Third Party Site"). ImperfectActionLLC.com is hosted on Wix, which works with a number of partners and affiliates whose sites are linked with ImperfectActionLLC.com. Imperfect Action LLC may also provide links to other citations or resources with whom it is not affiliated. Imperfect Action LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Imperfect Action LLC makes no guarantees about the content or quality of the products or services provided by such sites. Imperfect Action LLC is not responsible for webcasting or any other form of transmission received from any Third Party Site. Imperfect Action LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Imperfect Action LLC of the Third Party Site, nor does it imply that Imperfect Action LLC sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Imperfect Action LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

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5. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND IMPERFECT ACTION LLC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 6(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND IMPERFECT ACTION LLC FROM SUING IN COURT OR HAVING A JURY TRIAL.

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(a) No Representative Actions. You and Imperfect Action LLC agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and Imperfect Action LLC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "Imperfect Action LLC," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.

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(b) Arbitration of Disputes. Most concerns can be resolved quickly and to the customer's satisfaction by imperfectactionllc@gmail.com. In the unlikely event that the Imperfect Action LLC is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section 5 applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Imperfect Action LLC agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against Imperfect Action LLC by those you list as authorized contacts on your order.

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(c) Arbitration Procedures. For any Dispute that you have against Imperfect Action LLC, or that Imperfect Action LLC has against you, you and Imperfect Action LLC agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against Imperfect Action LLC, you will first contact Imperfect Action LLC by sending a written notice of your Dispute (“Claimant Notice”) to Imperfect Action LLC by U.S. certified mail addressed to Notice of Dispute, United States Corporation Agents, Inc., Imperfect Action LLC, 1900 West Park Drive, Westborough, MA, 01581; a courtesy copy of the Notice should also be sent by email to imperfectactionllc@gmail.com. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that Imperfect Action LLC may have against you, we will provide you notice (“Imperfect Action LLC Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Imperfect Action LLC first send the applicable Notice so that the parties can engage in this informal dispute resolution process.

If you and Imperfect Action LLC cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Middlesex County, MA.

If you are a Consumer, you and Imperfect Action LLC agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and Imperfect Action LLC agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website at adr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason.

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You and Imperfect Action LLC acknowledge that the purpose of this Section 5 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 18.

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(d) Individualized Arbitration Proceedings and Remedies. You and Imperfect Action LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 6 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.

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(e) Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Imperfect Action LLC agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Imperfect Action LLC agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.

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(f) Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available at adr.org/Rules. You acknowledge that Imperfect Action LLC is a small business, and cannot afford the cost of arbitration. You, therefore, are required to pay the arbitration fees required by the AAA.

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(g) Opt Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 5 by sending, via U.S. certified mail, a written Notice of Opt Out to Imperfect Action LLC. The Notice of Opt Out must be addressed to: Notice of Opt Out, United States Corporation Agents, Inc., Imperfect Action LLC, 1900 West Park Drive, Westborough, MA, 01581; a courtesy copy of the Notice should also be sent by email to imperfectactionllc@gmail.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 18, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

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(h) Additional Terms. If any portion of this Section 5 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 5 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 5; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

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If you wish to seek public injunctive relief against Imperfect Action LLC, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 18.

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You and Imperfect Action LLC agree that the state or federal courts of the Commonwealth of Massachusetts and the United States have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.

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6. Additional Terms.

Some Imperfect Action LLC Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.

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7. Reviews, Comments, Communications, and Other Content.

At various locations on the Site or through Applications, Imperfect Action LLC may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.

Rights and Responsibilities of Imperfect Action LLC.

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Imperfect Action LLC is not the publisher or author of the User Content. Imperfect Action LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

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Although we cannot make an absolute guarantee of system security, Imperfect Action LLC takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

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If Imperfect Action LLC's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Imperfect Action LLC reserves the right to delete those files or to stop those processes. If the Imperfect Action LLC technical staff suspects a user name is being used by someone who is not authorized by the proper user, Imperfect Action LLC may temporarily disable that user's access in order to preserve system security. In all such cases, Imperfect Action LLC will contact the member as soon as feasible.

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Imperfect Action LLC has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.

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Rights and Responsibilities of Imperfect Action LLC Users or Other Posters of User Content.

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You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Imperfect Action LLC service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:

• that is known by you to be false, inaccurate or misleading;

• that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;

• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;

• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;

• that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;

• that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;

• that contains any computer virus, worms, or other potentially damaging computer programs or files;

• that otherwise violates these Terms of Use.

Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.

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You grant Imperfect Action LLC a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.

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You are not required to provide your real name when signing up as a user of Imperfect Action LLC. Imperfect Action LLC permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.

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Ratings and reviews will generally be posted in two to four business days.

By submitting your email address in connection with your rating and review, you agree that Imperfect Action LLC may use your email address to contact you about the status of your review and other administrative purposes.

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8. NO WARRANTY.

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Imperfect Action LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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Imperfect Action LLC MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

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OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Imperfect Action LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

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9. LIMITATION OF LIABILITY AND INDEMNIFICATION.

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD Imperfect Action LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF Imperfect Action LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF Imperfect Action LLC, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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10. Unsolicited Submissions.

Except as may be required in connection with your use of Imperfect Action LLC Services, Imperfect Action LLC does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Imperfect Action LLC through or in association with this Site shall be considered non-confidential and Imperfect Action LLC's property. By providing such submissions to Imperfect Action LLC you hereby assign to Imperfect Action LLC, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Imperfect Action LLC shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

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11. Compliance with Intellectual Property Laws.

When accessing Imperfect Action LLC or using the Imperfect Action LLC legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Imperfect Action LLC user account.

Imperfect Action LLC has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Imperfect Action LLC or of a third party or that violate intellectual property rights generally. Imperfect Action LLC's policy is to remove such infringing content or materials and investigate such allegations immediately.

Copyright Infringement:

1. Notice. Imperfect Action LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company's policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   The above written information must be sent to our registered Copyright Agent:

General Counsel
United States Corporation Agents, Inc. ℅ Imperfect Action LLC 1900 West Park Drive, Westborough, MA, 01581; a courtesy copy of the Notice should also be sent by email to imperfectactionllc@gmail.com.

1. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.

12. Inappropriate Content.

When accessing the Site, any Applications, or using Imperfect Action LLC's Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Imperfect Action LLC reserves the right to terminate or delete such material from its servers. Imperfect Action LLC will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

13. Compliance with Export Restrictions.

You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.

14. Personal Use.

The site is made available for your personal use on your own behalf.

15. Children.

Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.

16. Non-English-Speaking Customers. 

Certain materials on the Imperfect Action LLC site, including but not limited to questionnaires, documents, instructions, and filings, are only available in English. Non-English translations of these Terms, as well as other terms, conditions, and policies, may be provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

17. Customers Needing Extra Assistance.

Imperfect Action LLC aims to provide full access to its website and product offerings regardless of disability. If you are unable to read any part of the Imperfect Action LLC website, or otherwise have difficulties using the Imperfect Action LLC website, please email imperfecetactionllc@gmail.com and our customer care team will assist you.

18. Governing Law; Venue.

Any dispute arising from these Terms and your use of the Services or the Site will be governed by and construed and enforced in accordance with the laws of Massachusetts, without regard to conflict of law rules or principles (whether of Massachusetts or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Massachusetts and the United States. You consent to personal and exclusive jurisdiction in these courts.

19. Copyrights.

All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Imperfect Action LLC. ALL RIGHTS RESERVED.

20. Trademarks.

Imperfect Action LLC, ImperfectActionLLC.com,"enso" logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Imperfect Action LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

21. Use of Testimonials and Media Endorsements may include paid spokespeople in our advertising campaigns.

22. Inquiries.

BY USING Imperfect Action LLC'S SERVICES OR ACCESSING THE Imperfect Action LLC SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO Imperfect Action LLC VIA THE Imperfect Action LLC SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO Imperfect Action LLC, AND THAT Imperfect Action LLC MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).

23. Right to Refuse. 

You acknowledge that Imperfect Action LLC reserves the right to refuse service to anyone and to cancel user access at any time.

24. Acknowledgement.

BY USING Imperfect Action LLC'S SERVICES OR ACCESSING THE Imperfect Action LLC SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Updated: April 18, 2024