Terms of Service

Please read this Terms of Service Agreement (“Agreement”) carefully before using Our Service. This Agreement is effective on the date you first access, use, or enter into a subscription for the Service (“Effective Date”) and continues until you or Impart, LLC terminates the subscription (the “Term”).

If you use or access the Service on behalf of your company, you represent that you are authorized to accept this agreement on behalf of your company, and all references to “you” or “Customer” in this Agreement means your company.

If the terms of a separate written agreement with Impart, LLC conflict with these Terms, the separate written agreement terms will apply.

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

Interpretation and Definitions

Interpretation. The words of which the initial letter is capitalized have meanings defined below under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions. For the purposes of this Terms of Service Agreement:

“Application” means the Impart App provided by the Company and accessed or downloaded by You on any electronic device

“Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

“Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authorities.

“Account” means a unique account created for You to access our Service or parts of our Service.

“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Impart, LLC, 731 Timber Lane, Independence, KY 41051.

“Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.

“Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

“Free Trial” refers to a limited period of time that may be free when purchasing a Subscription.

“Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

“Service” refers to the Application.

“Subscriptions” refer to the services or access to the Service offered on a subscription basis by the Company to You.

“Terms of Service Agreement” (also referred to as “Terms” or “Agreement”) mean this Terms of Service Agreement regarding the use of the Service.

“Third-Party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service or Website, as applicable.

Acknowledgment

These are the Terms of Service governing the use of this Service and the Agreement that operates between You and the Company. This Agreement sets out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement.

By accessing or using the Service You agree to be bound by this Agreement. If You disagree with any part of this Agreement, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription Period. -The Service is available only with a paid Subscription. You will be billed on a recurring basis (such as monthly) or as otherwise described in Your Agreement depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal by contacting the Company. Cancellation will not be effective until the end of your current Subscription period. You will not receive a refund of the fees.

Billing

You agree to provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice to You indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to pay an invoice by the deadline date identified in the invoice will result in loss of access to Your Services.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except as otherwise required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You canceled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your Submission of Content. – Our Service allows you to submit Content for the purpose of using the Service. You control the types and amounts of Content that are submitted to the Service and are responsible for the Content that you submit to the Service.

By submitting Content to the Service, You grant Us the right and license to access, use, process, copy, perform, store, export, transmit and display that Content to the extent necessary to provide, maintain, and improve the Service and to provide You support regarding the service. You retain any and all of Your rights to any Content You submit on or through the Service and You are responsible for protecting those rights.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the submission of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Protected Health Information

Impart LLC offers HIPAA compliant subscription plans and makes a Business Associates Agreement available for customers on eligible plans. Unless You have an active eligible plan and Business Associates Agreement with Impart, LLC, You agree that You will not submit any Protected Health Information to the service.

Intellectual Property Infringement. We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@impartllc.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the United States of America and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms of Service.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service per the terms of our Agreement.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

Governing Law

This Agreement, and any disputes arising out of or related to this Agreement, or the Parties’ relationship created hereby, shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky. The Parties agree that all disputes arising in any way out of this Agreement shall be heard exclusively in the courts, either state or federal, in Kentucky.

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability – If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver – Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Contact Us

If you have any questions about these Terms of Service, You can contact us via email at: support@impartllc.com