Terms of Use

Last updated: 11/11/14

Welcome to IMAESTRI! These terms of use (“Terms of Use”) describe the terms and conditions of your (the “User”, “you” or “your”) use of Exagoga, Inc.’s (d/b/a "IMAESTRI", "we" or "us") website located at www.content.imaestri.com (together with its related webpages, URLs and related digital applications (including, but not limited to, phone and tablet applications), the “Sites”) and governs our relationship with you.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between IMAESTRI and you. We recommend that you print out a copy of these Terms of Use for your records.

By using the Sites, you are affirming that you are both able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

1. Privacy and Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent that there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.

Information security is important to IMAESTRI. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. IMAESTRI does, however, reserve the right at all times to disclose any information as IMAESTRI deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Moreover, we cannot and do not guarantee complete security of the information we collect from or about our users. There is no guarantee that your information may not be accessed, disclosed, altered, or destroyed by the breach of any of our safeguards.

2. Changes

IMAESTRI reserves the right, at any time, to change these Terms of Use, the Privacy Policy and/or the Sites. Your use of the Sites following any such changes constitutes your implied agreement to follow and be bound by the revised Terms of Use and/or Privacy Policy. Any revisions to the Terms of Use and/or Privacy Policy will supersede all previous versions, notices or statements regarding the Sites. If requested, you agree to sign a non-electronic version of these Terms of Use.

We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this webpage.

3. Price Guarantee

With IMAESTRI's final "Grand Total" price (including shipping and taxes) we are committed to offering you the best price possible. If given the opportunity, we will always match a competitive price from an authorized dealer, for the exact product option quoted, while continuing to provide our superior service. 

Our price guarantee does not extend to clearance items, returned items, discontinued products and close-out items. 

4. Certified Authentic

IMAESTRI will only sell original products that we receive directly from the manufacturer. Every product is certified authentic by the manufacturers. 

5. Return Policy

IMAESTRI accepts returns on the vast majority of our products (in new, uninstalled condition and with the original packaging) within 10 days of receipt, unless otherwise noted on the product page. See our full Return Policy for further information. 

6. Accounts

IMAESTRI requires Users to create an account in order to fully access the Sites. User agrees that the information provided or will provide is accurate, current and complete and that they will not: (a) create an account for anyone other than him/herself without permission, (b) create a new account without our permission if we at any time disable his/her account, (c) impersonate any third party or misrepresent his/her identity or affiliation with any third party, including, but not limited to, using another User’s username, password or other account information, (d) transfer his or her account to anyone without first getting our written permission or (e) provide his/her username or password to any third party.

It is User’s responsibility to promptly update his/ her account to maintain accuracy. User additionally agrees to promptly notify us at support@imaestri.com of any suspected or actual unauthorized use of his or her username, password, other account information or any other breach of security. IMAESTRI reserves the right to access and monitor password-protected information in order to confirm your compliance with your obligations in this Terms of Use and protect or comply with our legal obligations. User acknowledges and agrees that we may suspend or terminate his or her account and his/her ability to access the Sites or any portion thereof for failure to comply with these Terms of Use (including, but not limited to, the Rules of Conduct as set forth below) or for any other reason.

7. Intellectual Property Rights

All rights, information, materials, functions, services, software, and other content contained in or on the Sites (including, but not limited to, trademarks, service marks, trade names, and trade dress, photos, videos, logos, guides, and source code) are hereafter collectively referred to as "IMAESTRI Marks" and are proprietary to us and/or our licensors or licensees. Any use of the IMAESTRI Marks without the prior written permission of IMAESTRI is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the IMAESTRI Marks, images, text, graphics, buttons, music, digitally downloadable files, screenshots, and other content and material (collectively the “Site Content”) are the sole and exclusive property of IMAESTRI.


8. Third Party Vendors

We rely on independent third party vendors who supply the goods advertised on the Sites. These third party vendors are solely responsible for all content of advertisements and the goods that they sell through the Sites. Without limitation, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of any information posted on the Sites, or items advertised on the Sites, by our vendors -- even if appearing on the Sites or in our emails. Nothing on the Sites shall be deemed to confer on any User any license or right on the part of IMAESTRI or any vendor with respect to any such image, logo or name.

9. User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and others users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

By submitting User Content, you represent and warrant to IMAESTRI that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize IMAESTRI to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate IMAESTRI's Acceptable Use Policy set forth below.

As between you and IMAESTRI, you will retain all of your ownership rights in and to your User Content. By submitting User Content to IMAESTRI, you hereby grant to IMAESTRI a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that IMAESTRI (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.

IMAESTRI does not endorse any User Content or any opinion, recommendation, or advice expressed therein. IMAESTRI reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. IMAESTRI has the right to refuse, remove or delete any User Content and/or to terminate any user's access to the Sites if IMAESTRI determines, in its sole and absolute discretion, that such User Content or user violates or has violated these Terms of Use. IMAESTRI takes no responsibility for and expressly disclaims any and all liability in connection with User Content.

10. Acceptable Use Policy

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant IMAESTRI all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including IMAESTRI; (iv) impersonate any person or entity, including but not limited to, a representative of IMAESTRI, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. IMAESTRI reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

11. Order Acceptance

User’s receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. IMAESTRI reserves the right, at its sole discretion and without prior notification, to limit the order quantity on any item and/or to refuse service to any User. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and IMAESTRI reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). IMAESTRI reserves the right, at its sole discretion, to refuse or cancel any order for any reason.

12. Links to Other Websites

The Sites may contain links to third party websites ("Other Sites") not under IMAESTRI's control. IMAESTRI makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. IMAESTRI provides these links to you as a convenience and the inclusion of any link does not imply endorsement by IMAESTRI of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

13. Mobile Devises and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for viewing via a mobile device, opt in to receive SMS (text messages) from IMAESTRI (as/when available) or using a mobile application the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.

You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

14. Rules of Conduct

By accessing the Sites, User agrees that he or she will not take any action that:

a. Infringes or violates any right of a third party including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights or (ii) right of privacy;

b. Tampers with, impairs or damages the Sites or any connected network, or otherwise interferes with any user’s use or enjoyment of the Sites;

c. Transmits via or through the Sites any information, data, text, images, files, links, or software except in connection with his or her authorized use of the Sites or otherwise in response to specific requests for information by us;

d. Introduces to the Sites or any other computer or website viruses, worms, Trojan horses and/or harmful codes;

e. Impersonates any other person including, but not limited to, a user of the Sites;

f. Misrepresents the identity of a user or use a false e-mail address;

g. Conducts fraudulent activities;

h. Collects or harvests information regarding other users of the Sites for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email; or

i. Facilitates or encourages any violations of these Terms of Use.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between the parties hereto, User hereby assumes all risk of harm or injury resulting from any such lack of compliance.

15. Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products. Pursuant to California Civil Code Section 1789.3, please note that: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16. Communications With IMAESTRI

For all communications made to or with IMAESTRI, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and IMAESTRI will have no obligation to protect your communications from disclosure; (ii) IMAESTRI will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) IMAESTRI will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

17. Indemnity

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, but not limited to, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) directly or indirectly incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you of these Terms of Use including, but not limited to, claims for intellectual property infringement and related damages, or your violation of any rights of another user, (ii) your use or misuse of the Sites or (iv) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. IMAESTRI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

18. Disclaimer of Warranties

IMAESTRI intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, IMAESTRI EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, COMPATABILITY, NONINFRINGEMENT, COMPLETENESS, AVAILABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

19. Limitation of Liability


You hereby acknowledge that the preceding limitations on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Regardless of the previous paragraphs, if IMAESTRI is found to be liable, our total liability to you or to any third party for all damages, losses and causes of action is limited to the lesser of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) $100.

20. Legal Disputes


Any dispute between you and IMAESTRI, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'IMAESTRI') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in borough of Manhattan, New York, New York administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. IMAESTRI will provide such notice by e-mail to your e-mail address on file with IMAESTRI and you must provide such notice by e-mail to legal@imaestri.com.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. IMAESTRI and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither IMAESTRI nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms of Use must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

21. Termination

Your ability to use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that IMAESTRI, in its sole discretion, may terminate your account and use of the Sites if we believe you have violated or acted inconsistently with these Terms of Use or for any other reason. We also may discontinue providing the Sites, or any part thereof, with or without notice. You agree any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that IMAESTRI may bar any further access to the Sites. Further, you agree that IMAESTRI will not be liable to you or any third-party for any termination of access to the Sites.

You may terminate your account by sending a letter stating your intention to EXAGOGA, Inc., 401 Park Avenue South, 10th Floor, New York, NY 10016 Attn: Customer Service or an email to support@imaestri.com, with the subject line "Termination Request".

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Indemnity, Disclaimer of Warranties, Limitation of Liability, Legal Dispute, Jurisdictional Issues sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use

22. Right to Access

YOU MUST BE AT LEAST AGE 18 TO USE THE SITES. By using the Sites, you affirm that you are at least age 18. If you are under age 18, you may not access or use the Sites.

23. Outages

IMAESTRI periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that IMAESTRI has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

24. Jurisdictional Issues

The Sites are operated by IMAESTRI from its offices in New York, NY, USA. The Sites are intended for users who reside in the United States of America. IMAESTRI makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws, if and to the extent applicable. IMAESTRI reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

25. General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement will be illegal or otherwise unenforceable, such provision will be severed, and the balance of the Agreement will continue in full force and effect. These Terms of Use set forth the entire Agreement between you and IMAESTRI with respect to use of the Sites and supersede any prior agreements between you and IMAESTRI relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with IMAESTRI's prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. IMAESTRI's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of IMAESTRI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by IMAESTRI with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

26. Violations

Please report any violations of these Terms of Use to the system administrator at legal@imaestri.com.

27. Questions

If you have questions, comments or complaints about these Terms or the Sites, please contact us at legal@imaestri.com.