IMPOSSIBLE THINGS TERMS OF USE

Effective Date: November 19, 2025. These Terms of Use replace and supersede all prior versions.

Welcome to Impossible Things!

You have arrived at a website operated by Impossible Things (“Impossible Things,” “we”, “our” or “us”), a subsidiary of DVLOP, LLC (“DVLOP”).

Please review this page carefully. These Terms of Use (“Terms”) constitute a legal contract between you and Impossible Things, LLC and govern your access to and use of the www.things.co website and its subdomains (collectively, the “Website” or “Site”) and all portals, products, goods, services, events, and interactive features, or other services controlled by us that post a link to these Terms (collectively, the “Services”). By using the Website or Services, you agree to be bound by and comply with these Terms. We may change these Terms or modify any features of the Website at any time. The most current version of the Terms can be viewed by clicking on the “Terms of Use” link posted through the Website. You accept any changes to the Terms by continuing to use the Services after we post the changes. If you do not agree to the Terms, do not use our Services.

All references to “you” or “your” in these Terms mean the person that registers for, accesses, or uses the Site or the Services. If you use or access any of the Services on behalf of an entity or individual, you represent and warrant that you have the authority to bind that entity or individual. Our Services are not intended for those under the age of 18. If you access our Services, you represent and warrant that you are at least 18 years of age.

1. Provision of Services

Provision of Services. The Services are provided on a non-exclusive basis, and nothing in these Terms prohibits us from providing the Services to any other individual or entity. We may add, modify, or remove any features, functions, or components of the Services at any time, in our sole discretion. If we exercise this right, you acknowledge that you will not be entitled to any refund, credit, discount, or other compensation.

Services Provided “As Is.” Services and the Site are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risks arising out of the use or performance of any Software.

Third-Party Integrations. The Services may interoperate with, rely on, or provide access to third-party products, applications, or services. We make no representations, warranties, or guarantees regarding the continuing availability of any third-party service or integration. If any third-party service becomes unavailable, or if continued availability becomes commercially impractical or operationally infeasible, we may discontinue the corresponding integration or functionality. In such circumstances, you will not be entitled to any refund, credit, discount, or other compensation.

Service Interruptions, Downtime, and Maintenance. From time to time, the Services may be unavailable or interrupted due to scheduled maintenance, emergency maintenance, system updates, hardware or software failures, interruptions in third-party services, or other events beyond our reasonable control. We may perform scheduled or unscheduled maintenance at any time and without notice. You acknowledge that the Services may experience periods of downtime and that we do not guarantee uninterrupted or error-free operation. We will not be liable to you or any third party for any unavailability of the Services, any loss of data or content arising from such unavailability, or any delay or failure in performance caused by maintenance activities or circumstances beyond our reasonable control. You are not entitled to any refund, credit, discount, or other compensation due to any Service interruption or downtime.

Acceptable Use and Termination. You agree to use the Services solely for their intended purposes and in accordance with these Terms. We may suspend, terminate, or otherwise restrict your access to all or any part of the Services, temporarily or permanently, without prior notice and without liability, if we determine in our reasonable discretion that you have violated these Terms or pose a risk to the security, integrity, or operation of the Services.

2. Prohibited Conduct

You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Site or Services, or in a manner that violates any law(s). For example, and without limitation, you may not:

Sharing account credentials (e.g., username and password) or using account credentials that belong to a third party;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
Engage in unauthorized spidering, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
Use any data mining or similar data gathering and extraction methods in connection with the Services, including data scraping for machine learning or other purposes;
Obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site;
Construct a database or dataset using, including, or comprised of Content from the Services for the purpose of reverse engineering;
Offer, use, or permit the use of or access to the Services in a computer services business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as a part of a hosted service, or on behalf of any third party without authorization;
Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Services or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited;
Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
Upload or otherwise transmit any communication, software or material that contains a virus or is otherwise harmful to us or our users’ computers or systems;
Send or cause to be sent any communication (including email) to other users without their consent (e.g., “mailbombs” or “spamming”);
Share or generate Content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other users, or the public;
Violate, or encourage any conduct that would violate, any applicable law or regulation;
Engage in fraud or misuse of the Services;
Cause damage, embarrassment or adverse publicity to us; or
Access or attempt to access the Services by any means other than the interface we provide or authorize;
Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site or that, in our sole judgment, exposes us or any of our users, affiliates or any other third party to any liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Site for any or no reason at any time without notice.

3. User Communications

Unless specifically requested, we do not wish to receive any confidential, proprietary, or trade secret from you via the Site (including via contact email made available on our Services). You remain fully responsible for the materials that you provide to us, including, without limitation, information, requests, creative works, pictures, photographs, letters, documents, demos, ideas, suggestions, reviews, concepts, methods, systems, designs, plans, techniques or other materials submitted, posted, uploaded, sent or otherwise transmitted to us (“User Content”).

If you send us any User Content, you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) such User Content in any media now known or hereinafter invented, including for commercial purposes. However, this does not give Impossible Things any rights over User Content that is generated with our products if it is not sent to us. In addition to the rights applicable to any User Content, when you post comments or reviews to our Site, or via mentions in social media, you also grant us the right to use the name that you submit with any comment, review, or other content, in connection with the comment, review or other content.

You agree not to send us User Content that:

Infringes on the copyright, trademark, patent or other intellectual property right of any third party;
Is false, misleading, libelous, defamatory, obscene, abusive, hateful or sexually explicit;
Violates a third party’s right to privacy or publicity;
Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
Contains epithets or other language or material intended to intimidate or incite violence;
Contains a virus, worm, Trojan Horse, time bomb or any other harmful program or component;
Contains any commercial material or solicits any funds (charitable or commercial), perpetuates chain letters or pyramid schemes, promotes commercial entities, or otherwise engages in commercial activity; or
Violates any applicable local, state, national or international law, or advocates illegal activity.

We are not obligated to use your User Content. We do not guarantee any confidentiality with respect to any User Content.

The obligations that you have to us under these Terms shall survive termination of the Site, App or Services, any use by you of the Site or Services as well as any User Content uploaded or sent through the Site, or the termination of these Terms.

4. Restricted access

Access to certain areas of the Site may be restricted. We reserve the right to restrict access to other areas of the Site, or indeed this entire website or portal, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password at our sole discretion without notice or explanation.

5. Account Creation

To access and use the Services, we may require you to first register for an account (“Account”). You agree to provide accurate, current, and complete information during the registration process, and to update such information to keep it accurate, current, and complete. If you create an Account, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your registration, username, password, and/or Account.

6. Fees and Payment

Fees and Payment. Certain Services may require payment of fees to access or use them. All fees are due immediately upon purchase and are non-refundable, unless expressly stated otherwise in writing. You agree to provide current, complete, and accurate purchase, billing, and account information for all transactions made through the Site, and you agree to promptly update such information—including your email address, billing address, payment method, and payment card expiration date—so that we can complete your transactions and contact you as needed.

Pricing. We reserve the exclusive right to establish, modify, or discontinue pricing for any Services at any time. We will use reasonable efforts to keep pricing information on the Site up to date; however, pricing errors may occur. We may correct any pricing errors or inaccuracies at any time, including after you have submitted an order or we have received payment. We also reserve the right to decline or cancel any order placed through the Site.

Changes to Fees. We may change the fees for any feature of the Services (including by adding new fees or charges). We will use reasonable efforts to provide you with advance notice before such changes become effective. Your continued use of the Services after the effective date of any fee change constitutes your acceptance of the updated fees.

Promotional Offers. From time to time we may, in our sole discretion, make promotional or discounted offers available to certain users. Unless such an offer is made directly to you, any promotional or discounted pricing shall not apply to your purchases or to these Terms.

Taxes. Prices stated on the Site do not include applicable sales, use, value-added, or similar taxes. To the extent required by law, we will collect and you agree to pay all such taxes in connection with your purchases. All payments must be made in U.S. Dollars.

Authorization to Charge. You agree to pay all fees and charges at the prices then in effect for your purchases. You authorize us (and our third-party payment processors) to charge your selected payment method for all such amounts at the time of purchase.

Recurring Payments. If any portion of the Services is offered on a subscription or other recurring-payment basis, you authorize us to automatically charge your payment method on a recurring basis at the applicable interval, without requiring your prior approval for each recurring charge, until you cancel in accordance with these Terms. You must notify us in advance if you wish to cancel or modify your subscription to avoid future charges.

Pre-Authorization. If you pay by credit or debit card, we may obtain a pre-authorization for an amount up to the total purchase price to verify that your card is valid and has sufficient funds or credit available.

Chargebacks. You agree not to initiate any chargeback request with your payment provider without first contacting us to attempt to resolve the issue. Initiating a chargeback in violation of this provision may result in suspension or termination of your access to the Services.

7. Free Trial and Beta Services

Free Trials. We may, in our sole discretion, make free trials of the Services available to new users who register through the Site. Any free trial is provided solely on an “as is” basis and is intended to allow users to evaluate whether the Services meet their needs. These Terms apply during the free trial period. No fees for the applicable Services will be charged during the free trial; however, unless you cancel before the end of the free trial, your account will automatically convert to the subscription plan you selected at sign-up, and the applicable fees will be charged to your designated payment method.

Beta Services. From time to time, we may introduce or provide access to beta, experimental, or pre-release versions of the Services (“Beta Services”). By choosing to access or use any Beta Service, you agree that these Terms apply during your use of such Beta Services. We may, at our discretion, charge fees for access to or use of Beta Services. You understand and acknowledge that Beta Services may contain errors, defects, bugs, incomplete features, and other issues and are made available solely for testing, evaluation, and feedback purposes.

Disclaimer for Free Trials and Beta Services. All Free Trials and Beta Services are provided on an “as is” and “as available” basis. You understand and agree that Beta Services and free trials may be unreliable, incomplete, or unavailable and may not operate as intended. To the fullest extent permitted by law, we disclaim all warranties, liabilities, obligations, and responsibilities of any kind arising out of or related to your use of any Free Trial or Beta Service, including any claims in contract, tort (including negligence), breach of statutory duty, or otherwise. You further acknowledge that we have no obligation to continue providing, maintaining, or supporting any Beta Service or feature introduced during a Free Trial.

Termination or Modification. We reserve the right, in our sole and absolute discretion, to modify, suspend, or terminate any Free Trial or Beta Service at any time, with or without notice, and without any liability, obligation, refund, credit, or compensation of any kind.

8. Cancellation

You may cancel your subscription at any time by logging into your account or by contacting us using the contact information provided in these Terms. Unless otherwise required by applicable law or expressly stated by us in writing, cancellations take effect at the end of the then-current paid subscription term. You acknowledge that we may require a reasonable period to process your cancellation request, and your cancellation will become effective only after such processing is complete. No refunds, credits, or prorated amounts will be provided for any partial subscription periods.

9. Single User License

Single-User License. Access to and use of the Services is licensed to one (1) individual natural person only (the “Authorized User”). The license is personal, limited, revocable, and non-transferable, and may not be sold, shared, sublicensed, assigned, or otherwise made available to any other person or entity.

Definition of a Single User. For purposes of these Terms, a “single user” means:

The specific individual who is the registered account holder;
Only that individual may access or use the Services under the account credentials;
The license may not be used by, or transferred to, any other person—including individuals within the same household, company, organization, or team;
All work created, processed, or performed using the Services must be performed directly and exclusively by the registered Authorized User.

Prohibited Uses Under a Single-User License. A single-user license does not permit, and expressly prohibits, the following:

Multi-user access: Allowing employees, contractors, team members, assistants, or any other individuals to access or use the Services, whether by sharing account credentials or otherwise;
Outsourced or third-party editing: Using the Services to edit, process, or deliver photos, videos, or other content belonging to third parties as part of an editing, retouching, or similar service where the license holder is not the original creator of the content;
Service bureau use: Processing work on behalf of multiple clients or operating any business where the Services are used to provide output for others under a single license;
Studio, agency, or team use: Using one license for a photography studio, creative agency, or any team-based environment where multiple individuals require access;
Shared workstations: Installing or using the Services on shared computers or workstations accessed by more than one individual;
Commercial reselling: Using the Services to generate, modify, or process content for sale or delivery to others as a for-hire editing or production service when the license holder is not the original photographer or creator;
Remote access or virtual use: Granting remote, virtual, or indirect access to the Services to any person other than the registered account holder, including through remote desktop tools, shared devices, or similar means.
Fair Use for Unlimited Plans. Any “unlimited” or high-volume plan is subject to reasonable use. The Services are designed for the typical volume of a single professional photographer (or creator) editing their own work.

We may, in our sole discretion, monitor usage and may throttle, limit, suspend, or terminate access to any account whose usage is excessive, abnormal, or inconsistent with these Terms (including use by multiple individuals or as an editing service for third parties).

10. Two Device Limitation

Permitted Devices. You may install and use the Services on up to two (2) devices (for example, a desktop computer and a laptop) that are owned or solely controlled by you, the registered account holder. This limitation is intended to support your personal workflow while preserving the single-user nature of the license.

Device Requirements. The following conditions apply to all device installations:

Both devices must be owned or primarily controlled by the same individual who is the registered account holder;
You may not install, access, or use the Services on any device owned, shared, or regularly used by another individual;
If you need to switch devices, you may deactivate one device and activate another, subject to any technical or security restrictions we may implement;
Simultaneous use on both devices is permitted only if all use is performed directly and personally by the registered user.

Device Monitoring and Enforcement. We may monitor usage patterns for security and license-compliance purposes. If we detect, in our reasonable discretion, usage suggesting installation or access on more than two active devices, shared devices, or use inconsistent with these Terms, we may require device deactivation or verification, suspend or restrict your access to the Services, or take any other action we deem necessary without refund, credit, or liability.

11. Intellectual Property

This Website contains content that is protected under the copyright, trademark and other intellectual property laws of the United States and other countries (“Content”) and these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. Unless otherwise provided in these Terms or elsewhere indicated on the Website, all intellectual property rights in the Content are owned by us or our third-party licensors to the full extent permitted under United States and international intellectual property laws, including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel,” and arrangement of the Content. Your use of this Website shall not grant you any claim of ownership over any Content, and you agree to comply with all applicable intellectual property laws. You may print copies of the Content, provided that these copies are made only for personal, non-commercial use, and provided that you maintain any notices contained in the Content, or maintained by the licensor or author, such as all copyright notices, trademark legends, attributions, by-lines or other proprietary rights notices. You may not publish, reproduce, distribute, display, perform, edit, adapt, modify or otherwise exploit any part of the Website, including the Impossible Things name and logo, without our prior written consent. You may provide a link to the top page of the Website unless and until we give notice that you must discontinue linking to the Website. You may not store electronically any significant portion of Content from this Website. The use of Content from this Website on any other site, including by linking or framing, or in any networked computer environment, for any purpose, is prohibited without our prior written approval.

12. Claims of Infringement

We respect the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. We will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
Provide your mailing address, telephone number and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent:

Impossible Things

c/o DVLOP, LLC

3073 Lucca Lane

San Luis Obispo, CA 93401

Email: h [email protected]

While we consider all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

13. Third-Party Content and Links to Third-Party Websites

The Site or Services may contain links to third-party content that take you outside of the Site and Services (“Linked Sites”). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for such Linked Sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy, currency, or completeness of such content) on any Linked Sites. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy. You should be sure that you read and agree to those policies. Use of any linked third-party content is at the user’s own risk.

14. Indemnification

You agree to defend, indemnify, and hold harmless Impossible Things, its officers, directors, affiliates, agents and employees, from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with (i) your use of and access to the Website or Services, (ii) your violation of any of these Terms, and (iii) your violation of any third party right, including any copyright, trademark, trade secret or privacy right related to your User Content (as applicable) or use of this Website.

15. Privacy Policy

Our Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms. By using the Services, you indicate that you understand and consent to the collection, use and disclosure of your information as described in our Privacy Policy.

16. Security Disclaimer; No Guarantee of Security

We implement reasonable and appropriate administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of the Services and any information processed through them. However, no method of transmission over the Internet, and no method of electronic storage, is completely secure. Accordingly, we do not and cannot guarantee the absolute security of your information or the Services, and we make no representations or warranties that our safeguards will prevent unauthorized access to your information.

You acknowledge and agree that:

You use the Services and transmit information to us at your own risk;
We are not responsible for the security of information you choose to transmit over networks that we do not control;
You are solely responsible for maintaining the confidentiality and security of your account credentials, devices, and systems; and
You will promptly notify us if you become aware of or suspect any unauthorized access to or use of your account.

To the fullest extent permitted by law, we disclaim any and all liability arising out of or relating to unauthorized access to, or use, disclosure, loss, or alteration of your information, unless such unauthorized access is caused solely by our gross negligence or willful misconduct. Nothing in these Terms obligates us to maintain or store any information except as required by applicable law or our Privacy Policy.

17. Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE WEBSITE OR THE INFORMATION, MATERIALS, GOODS OR SERVICES APPEARING OR OFFERED ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS IS.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (1) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (3) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE; (4) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA MADE AVAILABLE ON THE WEBSITE OR OTHERWISE BY US; (5) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY; AND (6) WARRANTY OF TITLE. FURTHER, WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (1) THAT THE WEBSITE OR ANY EMAIL WE SEND YOU IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE; OR (2) THAT THE WEBSITE, WEBSITE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL IMPOSSIBLE THINGS (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, EMPLOYEES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE) BE LIABLE FOR DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES AND LOST PROFITS, ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT, USER CONTENT OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL OUR AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.

19. Applicable Law; Jurisdiction

These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of California, as applicable, without giving effect to their principles of conflicts of law. By using the Site or Services, you waive any claims that may arise under the laws of other countries or territories.

20. Dispute Resolution; Class Action Waiver

With respect to any and all disputes arising out of or in connection with the Site, Services, or these Terms (including, without limitation, the Privacy Policy), Impossible Things and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If you and Impossible Things do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Impossible Things will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Impossible Things and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in San Luis Obispo, California or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”) by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with said Rules. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Impossible Things is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms pending a final arbitral decision. To the extent permitted by law, any claim or dispute under this agreement must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect.

21. Separate Terms and Conditions

In connection with your use of the Site, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Site. Any supplemental terms will not vary or replace these Terms regarding any use of the Site, unless otherwise expressly stated.

22. Access Outside the United States

If you are visiting the Site from a location outside of the United States, be advised that your information may be transferred from your location through and to servers located in the United States or elsewhere. The data protection laws in the United States and in other countries may differ from those of the country in which you are located, and your information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information in the United States and in other countries. Please see our Privacy Policy for more information.

23. Reservation of Rights

We reserve all rights not expressly granted to you in these Terms. Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right in or to our intellectual property, proprietary rights, or the Services, except as expressly provided herein. We reserve the right, at any time and without notice, to: (i) modify, suspend, or discontinue any aspect of the Services; (ii) impose additional rules, limits, or restrictions on your use of the Services; and (iii) refuse, restrict, or terminate access to the Services for any user, in our sole discretion. No oral or written information or advice provided by us shall create a warranty or expand any obligations beyond those expressly stated in these Terms.

24. Miscellaneous

These Terms constitute the entire agreement between Impossible Things and you, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and Impossible Things as a result of these Terms or your access to and use of the Site. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

25. Contact Us

If you have any questions about the Terms, please contact us at: