The DEAFusa Service Terms and Conditions (the "Service Terms") are a legally binding agreement between DEAFusa, Inc. ("DEAFusa," "we" "our" or "us") and you ("you," "your" or "yours"), and describe the terms under which you agree to use the DEAFusa communications protection programs which may be made available to you by us for which you have registered or enrolled or have been registered. In these Service Terms we may use the terms "Member" or "Affiliate" which refer to a customer that is enrolled in one of our fee-based Services. Collectively we will use the term "Customer" when referring to Members and Affiliates.
YOU REPRESENT THAT YOU ARE A NATURAL PERSON OVER EIGHTEEN (18) YEARS OF AGE, THAT YOUR ACCESS TO OR USE OF THE SERVICES DOES NOT VIOLATE APPLICABLE LAWS, AND THAT YOU AGREE WITH ALL THE TERMS OF THESE SERVICE TERMS. FURTHER, IF YOU ENROLL IN OR USE OUR SERVICES, YOU ALSO REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO AS AN OWNER OF OR AGENT OF SIGNATORIES TO COVERED COMMUNICATIONS DEVICES.
YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE SERVICE TERMS. WE MAY CHANGE, UPDATE, ADD OR REMOVE PROVISIONS OF THESE SERVICE TERMS AT ANY TIME BY POSTING THOSE CHANGES ON OUR SITE. YOUR CONTINUED USE OF THE SERVICES AFTER SUCH POSTING SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE SERVICE TERMS.
YOU ALSO UNDERSTAND THAT ANY MEMBER FOUND TO HAVE ENGAGED IN ANY ACTION WHICH UNDERMINES, ENDANGERS OR POTENTIALLY ENDANGERS THE PRIVACY OF DEAFUSA MEMBERS OR THE INTEGRITY OF DEAFUSA PRODUCTS OR THE COMPANY WILL BE SUBJECT TO THE IMMEDIATE TERMINATION OF SERVICES WITHOUT RECOURSE OR REFUND.
IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MUST NOT ENROLL OR REGISTER FOR ANY OF THE SERVICES OR OTHERWISE USE THE SERVICES. IF YOU WISH TO CANCEL SERVICES, YOU MUST DO SO BY EMAIL TO SALES@DEAFUSA.ORG.
- 1. Enrolling in DEAFusa's Services - Members and Affiliates
Depending upon the Services you enroll in, register for, or otherwise sign up for or subscribe to use (collectively, "enroll"), we may permit you to be enrolled (i) on our Site, (ii) by some other method we expressly permit, or (iv) by a third party who is authorized to provide your Personal Information to enroll you on your behalf (collectively, the "Enrollment Process"). In order to enroll in, register for and receive one or more Services, you must provide us with the full and accurate Personal Information that we require for the applicable Services. You agree to keep all Personal Information updated and accurate. In the event we do not receive all the required Personal Information during your Enrollment Process, you agree that we may, in our sole discretion, use our data base, the data base of our affiliates, or other resources to attempt to complete the required Personal Information on your behalf. If we are unable to obtain the required Personal Information or you fail to authenticate your identity as may be required, the Services for which you have enrolled or registered from us may be limited or unavailable. Upon completion of the Enrollment Process, and payment to us of any fees owed, you will become eligible to receive the Services for which you have enrolled or registered.
- 2. Changes to the Services
We reserve the right to modify, add to, discontinue, and/or retire any Service and/or any feature of a Service at any time. We may also modify the terms and conditions that apply to the features and your use of the Services. We shall make reasonable attempts to provide you with notice of such modifications by posting them on the Site. We have no obligation to provide direct notice of any such changes. We have the right to define eligibility criteria for the Services, and make changes to those criteria at any time.
If we modify or update the Service Terms and/or Service(s), you have affirmatively agreed to such changes by continuing to use the Service(s) and Site. If you object to such change, your sole remedy shall be to terminate and/or cancel the Service. You can cancel the Service at any time, and may be eligible for a refund, as set forth in our refund policy â€“ Section 5.
- 3. Payment
You can cancel the Service at any time, and may be eligible for a refund, as set forth in our refund policy - Section 5. If we modify or update your Service and you object to such change, your sole remedy shall be to terminate and/or cancel the Service.
- 4. Conduct
- You understand and agree that you will not recklessly disclose or publish any Personal Information to anyone who might reasonably be expected to improperly use or disclose that Personal Information, such as, by way of example, in response to "phishing" scams, unsolicited emails, or pop-up messages seeking disclosure of Personal Information. You also understand and agree that if you are found to have engaged in any action which undermines, endangers or potentially endangers the privacy of DEAFusa members or the integrity of DEAFusa products or the company, you will be subject to the immediate termination of services without recourse or refund.
- 5. Term and Termination
- The Service Terms shall continue and be in effect, in accordance with below. At any time, we may terminate the Service and/or Service Terms upon notice, with or without cause. Unless cancelled and/or terminated, the Services shall automatically continue indefinitely, and you shall pay the applicable prices as published by us. As you authorized during the transaction for the Services, we stored your payment method and will automatically renew and charge for the Services, until you cancel and/or terminate.
You may cancel the Service at any time. Unless otherwise stated in your Service offer, if you cancel the Service and request a refund, we may refund a pro-rata portion of any fees you have already paid directly to us for the Services that have yet to be provided. To terminate and/or cancel Service, you must do so by email to firstname.lastname@example.org.
- 6. Privacy
- You agree that we may use your Personal Information in accordance with our Privacy Policies. You expressly authorize 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 that we shall not share your Personal Information with any other parties, save for our authorized payment processor(s).
- 7. Ownership of Intellectual Property Rights
- We retain all right, title and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services. Further, your use of or access to our Site and to any content, materials, data or information available on or via our Site, is subject to the Intellectual Property laws, including applicable provisions on intellectual property, feedback, submissions, and proprietary rights.
- 8. Local Laws; Export Control
- We control and operate the Services from our offices in the United States of America and Canada; the content and features may not be appropriate or available for use in all other locations. If you use DEAFusa Services, you are responsible for following applicable local laws. By using DEAFusa Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) you are not using DEAFusa Services to further illegal or illicit activities; and (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- 9. Disclaimer of Warranties
- Unless otherwise explicitly stated, 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. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the services, and any information or material contained or presented through the services is 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. DEAFusa does not provide any warranties against viruses, spyware or malware that may be installed on your device(s).
- 10. 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, 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 DEAFusa Services.
- 11. Jurisdiction
- These Service Terms and any Services provided hereunder will be governed by the laws of the State of Colorado, 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.
- 12. Indemnification
- You will indemnify and hold 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.
- 13. General
- Neither these Service Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void. Any waiver of our rights under these Service Terms must be in writing, signed by DEAFusa, and any such waiver shall not operate as a waiver of any future breach of these Service Terms. In the event any portion of these Service Terms is found to be illegal or unenforceable, such portion shall be severed from these Service Terms, and the remaining terms shall be separately enforced. Your use of the Services shall at all times comply with all applicable laws, rules, and regulations. These Service Terms, and all documents incorporated into these Service Terms by reference, are the entire agreement between the parties with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. Our failure to enforce any of these Service Terms is not a waiver of such term. 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. These Service Terms are solely and exclusively between you and DEAFusa and you acknowledge and agree that (i) no third party, including a third-party partner of DEAFusa is a party to these Service Terms, and (ii) no third party, including any third-party partner of DEAFusa has any obligations or duties to you under these Service Terms.