This Website is owned and controlled by DAC Protect ("Company"). By using this Website, you expressly signify and acknowledge that you have read, understood and completely assent to these Terms of Use ("Terms") and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not completely agree to these Terms, do not use this site. Company reserves the right, in its sole discretion, to change, modify, add, or remove portions from these Terms and Website at any time. Your use of the Company Website means you accept any changes. Only that content approved by Company in its sole discretion may be published on this Website. You further expressly agree that by using this site, your rights and obligations as well as the rights and obligations of Company shall be governed by the laws of the State of Florida.
You agree and hereby authorize DAC Protect, its agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our Privacy Policy, as may be amended from time to time. You waive any and all claims against DAC Protect. and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information.
While enrolling for the products and/or services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, charge you the agreed upon fees for our products and services, and to fulfill our obligation to provide our products and services to you, including communicating with third parties as necessary to provide such products and services, such as identification verification companies, Subscriber reporting agencies, payment validation companies, law enforcement agencies, or others.
Pricing and Payment
a) This product is billed as a Subscription Service. Subscription Services are billed, as applicable, on the monthly or annual anniversary date of enrollment in the Subscription Services, and when applicable, following any free trial periods. Subscription Services automatically renew WITHOUT notice to you unless you timely notify us or the applicable Marketing Partner or Vendor of your desire to cancel; when applicable, usage charges are billed in arrears, and pre-purchase plans will be billed in advance. We or our designated agent may bill you directly, charge your existing third party account or charge your credit or debit card (collectively "Form of Payment") as you request and as approved by us. We reserve the right to charge outstanding service fees up to six (6) weeks after the conclusion or termination of service.
b) Pricing and Fees. Our fees and charges for any Services, memberships, corporate plans, products, other services or Software are supplied to you during the ordering process or via the Website or over the telephone. Unless otherwise conveyed by an authorized discount offer, this charge will be $39.97 per month for each month of subscription membership. You agree to pay the agreed upon charges applicable to your selected Services, as well as any applicable taxes and other charges including but not limited to activation fees, minimum service fees, no-show fees, fail to cancel fees, termination fees, other nonrecurring charges, and set-up fees. You also agree to pay any additional charges or fees applied to your account, including but not limited to, late payment penalties, overage charges, charges due to insufficient credit or insufficient funds, and restocking fees. When you agree to them, set up fees, activation fees, installation fees and other non-recurring fees, if applicable, will be paid for by you prior to Service provisioning. Certain Services, Software, or products involve monthly or annual recurring subscription charges that are disclosed to you and accepted by you at the time you enroll ("Subscription Services”)
These Subscription Services require payment by or on behalf of you, via a valid credit or debit card or other payment method, to us. By providing such payment information to us or permitting such to be provide on your behalf, you represent that you are authorized to request transactions using the payment method presented. You authorize and agree to make any required payments for the Services on a timely basis. In the case of any credit or debit card payment by you, you authorize us to: (a) submit a transaction using the card information provided to us; (b) submit automatic recurring transactions, including those on a monthly or annual basis for membership renewals; and (c) obtain automatic updates for cards provided to us. You may cancel your membership at any time by phone at (248) 429-2227. You further acknowledge and agree that, in all cases, you are personally responsible for any applicable state, federal, or other taxes that may be associated with your purchase of the Services unless noted otherwise and we may collect all applicable sales taxes.
50-Day Trial Membership (Monthly Subscription): You will have full access to the service for 50 days for a nominal trial fee. If You do not cancel the service during the trial period, You will be billed $39.97 exactly 50 days from the date and time you originally registered. For example, if you signed up for the trial on January 1, You would be billed for the first month of service on January 31. YOUR ACCOUNT WILL CONTINUE TO BE BILLED ON A MONTHLY BASIS UNTIL CANCELLED.
YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY UNTIL CANCELLED BY YOU. THE RENEWAL FEE AND MANNER OF RENEWAL PAYMENT IS SET FORTH IN THE TERMS OF YOUR OFFER, AND WILL BE $39.97 UNLESS OTHERWISE STATED IN YOUR OFFER. THE MEMBERSHIP FEE IS SET FORTH IN THE TERMS OF YOUR OFFER, AND WILL BE $39.97 UNLESS OTHERWISE STATED IN YOUR OFFER. TO TERMINATE YOUR ENROLLMENT IN OR USE OF THIS PROGRAM YOU MUST CALL (248) 429-2227, OR CANCEL THROUGH YOUR MEMBER PORTAL.
c) Certain Services, Subscription Services, membership plans and purchases are not billed directly by us and are billed to you by third parties and your Form of Payment based on your agreements with such third parties or US. We are not party to the agreements between you and such third parties nor are liable for any marketing claims or terms of service represented to you by such third party, Vendor or Marketing Partner; provided, however, in some cases, such third parties may remunerate us for providing certain services to you.
d) Nonpayment. In the event that payment is not successfully effected on scheduled billing date we reserve the right to attempt to bill your form of payment an additional time to avoid cancellation or suspension of services. However we reserve the right to immediately deny or discontinue your services without notice at any time in the event we, our designated agent, Marketing Partner or Vendor could not affect the placement of charges on your Form of Payment or you fail to make timely payments as agreed.
e) Late Fees. If any portion of your bill is not paid by the due date, we reserve the right to charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the greater of 1) five percent (5%) per month or 2) the maximum amount permitted by law. In the event we utilize a collection agency or resort to legal action to recover monies due, you agree to reimburse us for all expenses incurred to recover such monies, including attorneys' fees.
f) ISP, Local telephone, Toll and Long Distance Charges. You are responsible for all telephone charges or Internet access charges billed directly to you by your providers of such services.
g) You have the option to change your Services at any time by notifying us, provided that you qualify for and comply with any requirements of the changed Service.
h) Cancellation and Refunds: If you are billed by us for a Subscription Service and are not satisfied with the Services and wishes to terminate the subscription, you may cancel the Subscription Service by calling us 24 hours a day, 7 days a week. REFUNDS FOR ALL OF SUBSCRIPTION SERVICES ALREADY BILLED WILL BE PROVIDED IF YOU ARE NOT SATISFIED. Cancellations and refunds for Subscription Services provided by our Marketing Partners or Vendors must be arranged for with those parties.
i) We, our Marketing Partners and Vendors reserve the right to increase or decrease fees for Subscription Services for any future or subsequent renewal term, in which case you will be notified of the increased or decreased fee with a minimum of fifteen (15) days notice prior to your next billing period. If you wish to cancel the Subscription Service, you may do so; otherwise the increased or decreased fee shall apply for all subsequent billing periods.
LEGAL DISCLAIMERS
THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. DAC Protect EXPRESSLY DISCLAIMES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DAC Protect MAKES NO WARRANTY THAT (A) THE WEBSITE, INCLUDING ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ON THE WEBSITE, WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF THE PRODUCTS, SERVICES, INFORMATION, OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. Any content, materials, information or software downloaded or otherwise obtained through the use of the site is done at your own discretion and risk. Company and its suppliers shall have no responsibility for any damage to your computer system, loss of data or any damages whatsoever of any kind under any theory or form that results from the download of any content, materials, information or software. Company and its suppliers reserve the right to make changes or updates to the site at any time without notice.
Limitation of Liability
IN NO EVENT SHALL DAC Protect OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE OR THE TERMINATION OF THE USE OF THE SITE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) AND EVEN IF DAC Protect HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents from and against any and all claims, abilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Website. You agree to seek and obtain written permission from Company before agreeing to settle any claim.
Links
This Website may contain links that let you leave the Company site. The linked sites are not under the control of Company and Company is not responsible for the contents of any linked site or any link contained in a linked site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site and Company expressly disclaims any and all liability and in no event shall be liable for any damages whatsoever including any special, indirect or consequential damages resulting there from in an action of contract, negligence, tortuous action or claim under any legal theory. Company is not responsible for the privacy practices of such other sites or any other websites that are linked to the Company site that may collect personally identifiable information about you. Company's Privacy Policy does not cover the data collection practices of those linked websites.
Termination of Use
You agree that Company may at any time, in its sole discretion, terminate your right to access or use this Website and any account(s) you may have in connection with the Website, with or without notice to you. Company also reserves the right, in its sole discretion, to restrict or terminate the availability of the Website to any other person, geographic area or jurisdiction at any time. No notice is required to effect any such restriction or termination.
Copyright Notice
Any concerns or questions about these Terms or the practices of this Website may be addressed to:
Physical Address:
Youngevity International
2400 Boswell Road
Chula Vista, CA 91914