Terms of Use

Effective Date: 01 June 2022

imi by CenterLink

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS imi SERVICE.

CenterLink, Inc. (“CenterLink,” “we,” “us”, “our”) provides a website and other tools known as “imi” made available through the www.imi.guide website (the “Website”), its presence on Instagram, by SMS messages, and all related products and services offered via and through the Website (collectively, with the Information and the imi Services (both as defined below), “imi”) subject to your agreement to abide by the terms and conditions set forth in this agreement (“Agreement”). This Agreement governs the relationship between CenterLink and you (“you” or “your”), with respect to your use of imi. It is important that you read carefully and understand the terms and conditions of this Agreement. By using imi, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use imi.  THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY THAT MAY BE APPLICABLE TO YOU. THIS AGREEMENT ALSO CONTAINS A BINDING AGREEMENT TO ARBITRATE ALL DISPUTES YOU MAY HAVE WITH US.

It is important to note that http://www.imi.guide is intended for users ages 13+.

 imi is not a counseling or crisis service. Any text or information you enter on imi is not actively monitored by any human. Crisis resources are linked on the site.

If the situation you are involved in is a potentially life-threatening situation, please get immediate help by calling 911, available 24 hours a day.

If you ever have suicidal thoughts or have thought of harming yourself or others, please contact a human who can help you.  There are many humans who want to help you, but one place you can start is Trevor Project. Text START to 678-678 in the U.S. where you can text completely confidentially with a counselor who is there for you 24/7. Trained counselors who understand the challenges LGBTQ+ young people face are also available to listen at 1-866-488-7386 any time, day or night.

imi was created to affirm and support LGBTQ+ youth. Users on this site may be asked to provide feedback to help inform future versions of imi and/or improve the product and services.

Your privacy matters. We do not sell or share any PII (personally identifiable information) data. Nor do we sell or share the feedback data collected to improve the product. We may share anonymized insights about the users of this product and how they benefit from imi. All is done so in good faith with the purpose of affirming and supporting the mental health of young people.

We reserve the right at any time to:

·       change the terms and conditions of this Agreement;

·       change imi, including eliminating or discontinuing any Information or imi Services or other features of imi; and

·       deny or terminate your use of and/or access to imi.

Any changes we make will be effective immediately upon our making such changes available on imi or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use imi thereafter constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. PRODUCTS, imi SERVICES AND INFORMATION PROVIDED IN CONNECTION WITH imi.

Please note that any products and imi Services made available on, by, or through imi (collectively, the “imi Services”), as well as any information provided on, by, or through imi or as part of or in connection with imi or otherwise, including but not limited to data, text, software, images, audio and video clips, links, and references (collectively, the “Information”), are provided to you for informational and educational purposes only. The information contained in this imi Service (including the Information) is presented in summary form only and, while hopefully informative and helpful, is not intended to provide a broad understanding and knowledge of healthcare topics.

2. LIMITED PERMITTED USE OF INFORMATION AND imi SERVICES.

2.1. Unless otherwise specified on imi, you may use the downloaded Information solely for your own personal benefit and use. You must retain all trademark, copyright, and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the terms and conditions of this Agreement and shall remain the property of CenterLink and/or its licensors and/or suppliers (as further provided below).

2.2. The downloading, printing, and other use of the Information, and the provision of imi Services to you, is conditioned on your acceptance of any additional terms and conditions that are presented or provided in connection with any such Information or imi Services, including agreements of third parties. By acquiring or using such Information or imi Services, you agree to such terms and conditions.

3. THE NATURE OF imi AND SPECIAL DISCLAIMERS.

The information included in imi is not a substitute for the advice of your personal physician or other qualified healthcare professional. CenterLink does not offer personalized medical diagnosis or patient-specific treatment advice via imi, and no client or patient relationship exists between you and CenterLink by virtue of your use of imi. Indeed, your doctor, nurse, or other healthcare professional, as a learned intermediary, is in the best position to assess and provide information about your medical condition and any treatment options. Always seek the advice of your physician, nurse, or other qualified healthcare professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on imi. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. IF YOU THINK YOU HAVE A MEDICAL OR PSYCHIATRIC EMERGENCY, CALL 911 OR GO TO THE NEAREST HOSPITAL.

CenterLink reserves the right to change any and all content contained in imi at any time without notice.  Reference to any service providers or organizations, educational institutions, courts, associations, organizations, publications, licenses, accreditations, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by CenterLink.

4. THIRD PARTY LINKS.

imi may contain links to other web services for your convenience. CenterLink has not reviewed, in their entirety, the web services that are linked to imi and does not control such services or the content provided through such services. Your use of linked web services is subject to the privacy practices and terms of use established by those third-party websites, and CenterLink disclaims all liability associated therewith. The fact that CenterLink offers such links does not indicate any approval or endorsement by CenterLink of any linked web imi Service or any material contained on any linked web imi Service, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services, or publications within imi do not imply endorsement of, and CenterLink is not responsible for and disclaims any endorsement of, any such product, services, or publication.

 5. ADDITIONAL TERMS

Some of the services included in imi may have additional terms of use (“Additional Terms”).  Where Additional Terms apply, we will make them available for you to read through your use of that service.  By using that service, you agree to the Additional Terms.

6. SMS TERMS AND CONDITIONS

6.1 . As a part of the imi Service, CenterLink may provide you with the ability to interact with imi by SMS message. When you opt-in to the SMS service, we will send you an SMS message to confirm your signup. By signing up for the SMS service, you agree to receive automated text messages from CenterLink to your mobile number and you understand that consenting to receive text messages is not a condition of receiving the imi Service.

6.2 . You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time.

6.4 . We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

6.5 . Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency will vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to centerlink@lgbtqcenters.org. 


7. OWNERSHIP AND RESTRICTIONS.

7.1. imi is owned and operated by CenterLink in conjunction with others pursuant to contractual arrangements, and the Information and imi Services (and any intellectual property and other rights relating thereto) are and will remain the property of CenterLink and its licensors and suppliers. The Information and imi Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of imi or any imi Service or Information without our prior written permission. The Information and imi Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by CenterLink or, if so indicated in writing by CenterLink, its licensors or suppliers. Use of imi or any imi Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using imi or any imi Services or Information.

7.2. The trademarks, logos, and imi Service marks displayed on imi (collectively the “Trademarks”) are the registered and unregistered trademarks of CenterLink, CenterLink’s licensors and suppliers, and others. Nothing contained on imi should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the express written permission of CenterLink, CenterLink’s licensors or suppliers, or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

8. USER CONTENT

imi allows you to submit, store, send, or receive content and data that is anonymized and not linked to you (“User Content”).  You retain ownership of any intellectual property rights that you hold in that User Content. 

When you submit, store, send, or receive User Content to or through imi,  you give us permission to reproduce and use your User Content as follows:  you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with imi), publicly perform, publicly display, and distribute your User Content.  This license is for the limited purpose of operating, promoting, and improving imi, and to develop new services.  Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes.  This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content.  We may exercise our rights under this license anywhere in the world and in any media, including online and on social media platforms.  Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using imi. 

You promise that:

·       you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and

·       your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transmit User Content for any reason.  We may remove User Content from imi for any reason. 

9. TERMINATION.

You agree that CenterLink may terminate or suspend your access to all or part of the Website, without notice, for any conduct that CenterLink, in its sole discretion, believes is in violation of these Terms of Use or any applicable law or is harmful to the interests of another user or CenterLink. CenterLink reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Use, you agree that CenterLink shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.

10. DISCLAIMERS.

10.1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) imi (INCLUDING ALL INFORMATION AND imi SERVICES) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) CENTERLINK AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND imi SERVICE IS CURRENT AND/OR UP-TO-DATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CENTERLINK AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS AND/OR ASSIGNS DO NOT WARRANT THAT THE INFORMATION, imi SERVICE OR imi SERVICES, NOR YOUR USE OF FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, OR THAT imi OR THE SERVER(S) ON WHICH imi IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE imi, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF imi AND/OR imi SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO OPINION, ADVICE, OR STATEMENT OF CENTERLINK OR ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, WHETHER MADE ON OR IN CONNECTION WITH imi OR imi SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

10.2. In the event that applicable law imposes implied warranties on imi or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.

10.3. A possibility exists that unauthorized alterations could be made by third parties to the Information, imi Service, and/or imi Services. In the event that a situation arises in which the completeness or correctness of imi or Information and imi Services is in question, please contact us at centerlink@lgbtqcenters.org, with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.

10.4. YOU MAY ALSO HAVE OTHER RIGHTS UNDER APPLICABLE LAW WHICH VARY FROM STATE TO STATE.

11. LIMITATION OF LIABILITY.

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER CENTERLINK NOR ANY OF ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, SUCCESSORS OR ASSIGNS, NOR OUR OR THEIRDIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO imi, INFORMATION, imi SERVICES AND/OR ANY LINKED imi SERVICE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS imi SERVICE, THE INFORMATION, imi SERVICES, OR ANY LINKED imi SERVICE IS TO STOP USING imi, imi SERVICE, OR LINKED SERVICE, AS APPLICABLE. CENTERLINK’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO imi, INFORMATION, AND/OR imi SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF imi, INFORMATION AND/OR imi SERVICES. These limitations of liability apply to the fullest extent permitted by applicable law.

12. ACCESS BY MINORS.

CenterLink wishes to inform you that parental control protections (such as computer hardware, software, or filtering Services) are commercially available that may assist you in curating material more suitable to minors. Information identifying current providers of such protections is available at the web Service of http://www.GetNetWise.org.

13. CONTACTING CENTERLINK REGARDING imi.

Should you have any questions, comments, or complaints regarding this Agreement or imi, please email us at: centerlink@lgbtqcenters.org, or call us at 954-765-6024, or write to us at:

CenterLink, Inc.
P.O. Box 24490
Ft. Lauderdale, FL 33307


14. ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

Except as set forth below, you and we agree that we will resolve any disputes between us (including any disputes between you and a third-party agent of ours) through binding and final arbitration instead of through court proceedings, except that you or we can pursue a dispute in small claims court.  You and we hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes arising between you and us or you and a third-party agent of ours (each a “Claim”) shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  You and we agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by applicable state law.  The Federal Arbitration Act and federal arbitration law apply to this arbitration agreement.  However, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, and formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

You and we also have the right to bring qualifying claims in small claims court.  In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.

Neither you nor we may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or our individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.  Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction.”.  If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court must be stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.”  In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of the Agreement.  This Section of the Agreement will survive the termination of your relationship with us, including any opt-out of SMS.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

15. MISCELLANEOUS.

This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. 

This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegable or sublicensable by you except with CenterLink’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. CenterLink may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. 

Please read the imi Privacy Policy.