Terms and Conditions
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These Service Terms and Conditions (the “Service Terms”) constitute a legally binding agreement between Pink Pagoda LLC [DEAFusa] (“DEAFusa,” “we,” “our,” or “us”) and you (“you,” “your,” or “yours”). By using Pink Pagoda LLC [DEAFusa] communications protection programs (the “Services”), you agree to be bound by these Service Terms. “Member” or “Affiliate” refers to a customer enrolled in one of our fee-based Services, and “Customer” collectively refers to Members and Affiliates.
- Incorporation of Other Policies
Our Privacy Policy and Website Terms of Use, which apply to our website (our “Site”), are incorporated by reference into these Service Terms. The Privacy Policy shall govern the collection, use, retention, and storage of any information or data you provide or grant Pink Pagoda LLC [DEAFusa] access to. - Eligibility and Representations
By using the Services, you represent that you are:
a. A natural person over eighteen (18) years of age;
b. Accessing or using the Services in compliance with applicable laws; and
c. Authorized to enroll in or use our Services as an owner of or agent of signatories to covered communications devices. - Acceptance and Modification of Service
Terms Your use of the Services constitutes acceptance of these Service Terms. We reserve the right to change, update, add, or remove provisions of these Service Terms at any time by posting changes on our Site. Your continued use of the Services after such posting constitutes acceptance of the changes. - Termination for Undermining Privacy or Integrity
Any Member found to have engaged in actions that undermine, endanger, or potentially endanger the privacy of Pink Pagoda LLC [DEAFusa] members or the integrity of Pink Pagoda LLC [DEAFusa] products or the company will be subject to immediate termination of Services without recourse or refund. - Enrollment Process and Personal Information
Enrollment in the Services may be permitted on our Site, by a method we expressly permit, or by an authorized third party providing your Personal Information on your behalf. You agree to provide full and accurate Personal Information required for the Services and keep it updated. We may attempt to complete missing Personal Information using our or our affiliates’ databases or other resources. Limitations or unavailability of Services may result from incomplete or unverified Personal Information. - Service Modifications and Eligibility Criteria
We reserve the right to modify, add to, discontinue, or retire any Service or feature at any time, as well as modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide notice of such modifications by posting them on the Site. We have the right to define and change eligibility criteria for the Services. - Payment and Automatic Renewal
With your consent and in accordance with our Privacy Policy, we retain your payment information and method for billing and automatic renewal of the Services. We reserve the right to verify payments, obtain updated payment information, retry failed payments, and change or amend authorized third parties assisting with payment processing. - Cancellation and Refunds
You may cancel the Service at any time. Unless otherwise stated in your Service offer, if you cancel and request a refund, we may refund a pro-rata portion of any fees you have already paid directly to us for Services yet to be provided. To cancel, email drjgarrow@yahoo.com. - Privacy and Information Authorization
You agree that we may use your Personal Information in accordance with our Privacy Policies. You expressly authorize Pink Pagoda LLC [DEAFusa], its agents, and its employees to obtain various information as we deem reasonably necessary or desirable in the course of performing the Services. We agree not to share your Personal Information with other parties, except for our authorized payment processor(s). - Intellectual Property Rights
We retain all right, title, and interest (including all intellectual property rights) in our Services, trademarks, service marks, designs, logos, URLs, and trade names displayed in connection with our Services. Your use of or access to our Site and any content, materials, data, or information available on or via our Site is subject to applicable Intellectual Property laws. - Local Laws and Export Control
Pink Pagoda LLC [DEAFusa] controls and operates the Services from our offices in the United States and Canada; content and features may not be appropriate or available for use in all other locations. You are responsible for following applicable local laws. By using Pink Pagoda LLC [DEAFusa] Services, you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, not using Pink Pagoda LLC [DEAFusa] Services to further illegal or illicit activities, and not listed on any U.S. Government list of prohibited or restricted parties. - Disclaimer of Warranties
Unless otherwise explicitly stated, Pink Pagoda LLC [DEAFusa], for itself and its licensors, makes no express, implied, or statutory representations, warranties, or guarantees in connection with the Services, relating to the quality, suitability, truth, accuracy, or completeness of any information or material contained or presented in the Services. To the maximum extent permitted by applicable law, the Services and any information or material contained or presented through the Services are provided to you on an “as is,” “as available,” and “where-is” basis with no warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Pink Pagoda LLC [DEAFusa] does not provide any warranties against viruses, spyware, or malware that may be installed on your device(s). - Limitation of Liability
Other than pursuant to the Service Guarantee (found here), which applies solely to members enrolled in our protection programs, to the extent permitted by applicable law, Pink Pagoda LLC [DEAFusa], our affiliates, our respective licensors, licensees, and service providers shall not be liable for any indirect, incidental, special, consequential, extraordinary, exemplary, or punitive damages, or any other damages whatsoever (however arising), arising out of, relating to, or resulting from your use or inability to use or access the Services, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses (even if we have been advised of the possibility of such damages). Without limiting the foregoing limitation of liability, in the event we are found liable for damages to you in a competent legal proceeding, our aggregate liability for all claims arising out of or related to these Service Terms is limited to the price of your annual subscription for Pink Pagoda LLC [DEAFusa] Services. - Governing Law and Jurisdiction
These Service Terms and any Services provided hereunder will be governed by the laws of the State of Arizona, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. - Indemnification
You will indemnify and hold Pink Pagoda LLC [DEAFusa] (and our officers, directors, agents, subsidiaries, joint ventures, licensees, employees, and third-party partners) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Service Terms, or your violation of any law or regulation, or the rights of any third party. - General Provisions
a. Assignment: You may not assign these Service Terms, in whole or in part, without our prior written permission. Any purported assignment without such permission shall be void.
b. Waiver: Any waiver of our rights under these Service Terms must be in writing, signed by Pink Pagoda LLC [DEAFusa], and shall not operate as a waiver of any future breach.
c. Severability: If any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced.
d. Compliance with Laws: Your use of the Services shall comply with all applicable laws, rules, and regulations.e. Entire Agreement: These Service Terms, and all documents incorporated by reference, constitute the entire agreement between the parties with respect to this subject matter and supersede any prior or contemporaneous communications, negotiations, or agreements.
f. Survival: The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Service Terms.
g. No Third-Party Beneficiaries: These Service Terms are solely between you and Pink Pagoda LLC [DEAFusa], and no third party, including Pink Pagoda LLC [DEAFusa] third-party partners, is a party to or has obligations under these Service Terms.
By using Pink Pagoda LLC [DEAFusa] Services, you acknowledge that you have read, understood, and agree to be bound by these Service Terms. If you do not agree to these Service Terms, you must not enroll in or use the Services.
- Incorporation of Other Policies