INTRODUCTION
Welcome to Deafine Media. These Terms and Conditions ("Terms") govern your use of our website at deafinemedia.com, our free resources, and any services we provide. By using our website, downloading our resources, or engaging our services, you agree to these Terms in full. If you do not agree, do not use our website, resources, or services.

THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A LIMITATION OF LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.

ABOUT US
Deafine Media is a marketing and media agency based in Ocala, Florida, United States. We provide media production, marketing systems, and operational infrastructure services to health and wellness brands worldwide.

Contact: Deafine Media Ocala, Florida, United States Email: hello@deafinemedia.com Website: deafinemedia.com

ELIGIBILITY
You must be at least 18 years old to use our website, resources, or services. By using our website, resources, or services, you confirm you are at least 18 and have the legal capacity to enter into these Terms.

NO PROFESSIONAL ADVICE
Nothing on our website, in our free resources, or in any communication from Deafine Media constitutes professional, legal, financial, accounting, medical, tax, or other regulated advice. Our content, frameworks, methodologies, and recommendations are provided for general informational and educational purposes only.

You are solely responsible for the strategic, financial, and operational decisions you make for your business. Before acting on any information from Deafine Media, you should consult with qualified professionals appropriate to your situation, including but not limited to attorneys, accountants, financial advisors, and licensed industry consultants.

Deafine Media is a marketing and media agency. We are not lawyers, accountants, financial advisors, medical professionals, or business brokers. Any reference to industry trends, regulatory environments, or business outcomes in our content is opinion and observation, not professional advice.

ASSUMPTION OF RISK

By using our website, downloading our free resources, or engaging our services, you expressly acknowledge and agree:

• You are using our website, resources, and services at your own risk

• You assume full responsibility for any decisions you make based on our content

• You assume full responsibility for any outcomes, positive or negative, resulting from those decisions

• You waive any claims against Deafine Media arising from your reliance on our content, except where such waiver is prohibited by law

This assumption of risk applies to all users, including paying clients, with respect to use of free resources and general website content. Specific paid services are governed by their respective written agreements.

USE OF OUR WEBSITE

You may use our website for lawful purposes only. You agree not to:

• Use our website in any way that violates applicable laws or regulations

• Engage in unauthorized access, scraping, or data extraction

• Interfere with the website's operation or security

• Reproduce, duplicate, copy, or resell any portion of our website without written consent

• Use our website to transmit harmful code, viruses, or malicious software

• Impersonate any person or entity or misrepresent your affiliation with any party

We reserve the right to suspend or terminate access for any user who violates these Terms.

INTELLECTUAL PROPERTY

Our Content
All content on deafinemedia.com, including text, graphics, logos, images, videos, frameworks, the Visibility Engine methodology, the Growth Playbook, audit templates, and any other materials, is owned by Deafine Media or our licensors. This content is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our content without our prior written permission.

Limited License for Personal Use
We grant you a limited, non exclusive, non transferable license to access and view our website content for your personal, non commercial use. Free resources we provide (such as the Growth Playbook) may be downloaded and shared with attribution, but may not be sold, repackaged, or used for commercial purposes.

User Submissions
When you submit information to us through forms, comments, or other means, you grant us a non exclusive, royalty free, worldwide license to use, reproduce, and adapt that information for the purposes of delivering our services and improving our business. You retain ownership of your content.

FREE RESOURCES AND LEAD MAGNETS

We offer free resources including the Growth Playbook, Online Presence Reviews, Discovery Calls, and other educational materials. By requesting these resources, you agree:

• These resources are provided as is, for informational and educational purposes only

• We may use the contact information you provide to deliver the resource and follow up with related communications

• You can unsubscribe from follow up communications at any time

• We make no guarantees of any kind regarding outcomes from applying any information in these resources

• You assume all risk associated with applying or relying on this content

RESULTS DISCLAIMER
This is important. Read this section carefully.

Deafine Media offers services and resources designed to help businesses grow. While we have a strong track record and apply proven frameworks, we cannot and do not guarantee specific results.

What We Mean By This

Marketing, business growth, and operational improvements depend on many variables outside our control, including but not limited to:

• Your industry, market conditions, and competitive landscape

• Your existing brand strength, audience, and customer relationships

• Your offer, pricing, and product or service quality

• Your team's capacity, capability, and execution

• Your willingness and ability to implement recommendations

• Your financial resources and time horizon

• Economic conditions, platform changes, and regulatory environment

• Consumer behavior, seasonality, and trends

• The amount of effort and consistency you bring to the work

Past results from previous clients do not guarantee future results for your business. Numbers, statistics, case studies, and testimonials shared on our website or in our materials reflect the experience of
specific clients and are not promises of similar outcomes for you.

What We Promise
We promise to apply our expertise, follow our published standards, communicate clearly, and deliver the specific scope of work agreed to in any engagement. We do not promise specific revenue increases, lead numbers, conversion rates, audience growth, or any other quantitative business outcomes.
If you are looking for guaranteed financial returns, our services are not for you.

Your Responsibility
You are responsible for the strategic and operational decisions you make for your business. You should consult with qualified professionals (legal, financial, tax, etc.) before making significant business decisions based on information from our website, resources, or services.

PROFESSIONAL SERVICES
When you engage Deafine Media for paid services, the specific terms of that engagement will be governed by a separate written agreement (a Statement of Work, Master Services Agreement, or similar contract). These Terms apply to general use of our website and free resources.
In the event of any conflict between these Terms and a written services agreement, the written services agreement governs the paid engagement.

PAYMENTS AND REFUNDS

For paying clients, payment terms are specified in your individual services agreement. Unless otherwise agreed in writing:

• Invoices are due upon receipt

• Late payments may incur fees

• Services may be paused or terminated for non payment

• Custom work, deposits, and project based fees are generally non refundable once work has begun

• Refund policies for specific products or services will be detailed in their respective agreements

THIRD PARTY SERVICES AND LINKS
Our website may include links to third party websites, services, or tools. We are not responsible for the content, privacy practices, or terms of those third parties. Your interactions with third party services are solely between you and them.

FORCE MAJEURE

Deafine Media will not be liable for any failure or delay in performance, delivery of services, or fulfillment of any obligation under these Terms or any service agreement, where such failure or delay is caused by circumstances beyond our reasonable control. These circumstances include but are not limited to:

• Acts of God, natural disasters, pandemics, or public health emergencies

• War, terrorism, civil unrest, or government action

• Internet outages, cyberattacks, or platform failures

• Changes to third party platforms, algorithms, advertising policies, or terms of service (including but not limited to Meta, Google, TikTok, LinkedIn, and similar platforms)

• Strikes, labor disputes, or supply chain disruptions

• Any other event outside our reasonable control

If a force majeure event prevents us from delivering services, we will work in good faith to resume delivery when reasonably possible. Force majeure events do not entitle clients to refunds for work already completed.

DISCLAIMER OF WARRANTIES

Our website, free resources, and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non infringement, accuracy, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that:

• The website will be uninterrupted, error free, or secure

• Defects will be corrected

• The website is free of viruses or other harmful components

• Information on the website is accurate, complete, or current

• Free resources will produce any specific result

• Services will achieve any specific business outcome

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, Deafine Media, its owners, employees, contractors, affiliates, and agents will not be liable for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages

• Lost profits, lost revenue, lost business opportunities, or lost data

• Damages resulting from your use of or inability to use our website, resources, or services

• Damages arising from third party services, links, content, or platform changes

• Damages from unauthorized access to your data despite our reasonable security measures

• Damages from any reliance on information in our free resources or content

• Damages from business decisions made based on our content or services

Liability Cap for Free Users

If you have not paid Deafine Media for services, our total cumulative liability to you for any and all claims arising out of or relating to these Terms, our website, our free resources, or any free interactions, will not exceed the greater of (a) the amount you have paid us, which for free users is zero dollars ($0), or (b) the minimum amount required by applicable law in your jurisdiction.

Liability Cap for Paying Clients

For paying clients, our total cumulative liability for any and all claims arising out of or relating to these Terms or our services will not exceed the total amount you have paid us in the three (3) months immediately preceding the event giving rise to the claim, except where the governing services agreement specifies a different cap.

Carve Outs Required by Law

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms is intended to exclude liability for gross negligence, willful misconduct, fraud, or any other liability that cannot be excluded under applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Deafine Media, its owners, employees, contractors, affiliates, and agents from and against any and all claims, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys fees and court costs) arising out of or relating to:
 

• Your violation of these Terms

• Your use of our website, resources, or services

• Your violation of any law, regulation, or third party rights

• Content, information, or materials you submit to us

• Your business decisions or actions taken based on our content or services

• Any claim by a third party arising from your acts or omissions

This indemnification obligation will survive termination of these Terms.

BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to Arbitrate

You and Deafine Media agree that any dispute, claim, or controversy arising out of or relating to these Terms, our website, our resources, or our services (each a "Dispute") will be resolved exclusively through final and binding arbitration, rather than in court, except that:

• Either party may bring an individual action in small claims court

• Either party may seek injunctive or equitable relief in court for misuse or infringement of intellectual property rights

• Either party may bring claims for matters that cannot legally be arbitrated

Arbitration Procedure

Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules then in effect. The arbitration will be conducted in Marion County, Florida, or by video conference if both parties agree. The arbitrator's decision will be final and binding, and judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Each party will bear its own costs in arbitration unless the arbitrator determines otherwise. The arbitrator will have the authority to award the same remedies that would be available in court, but only on an individual basis.

Class Action Waiver

YOU AND DEAFINE MEDIA EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

You waive any right to participate in a class action, class arbitration, or any consolidated, collective, or representative proceeding against Deafine Media. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

If a court or arbitrator determines that this class action waiver is unenforceable in a particular case, that case will be severed from arbitration and proceed in court, but the rest of this arbitration agreement will remain in force.

Right to Opt Out

You have the right to opt out of this arbitration agreement and class action waiver. To opt out, you must send written notice to jasmine@deafinemedia.com within thirty (30) days of first agreeing to these Terms, with the subject line "Arbitration Opt Out." Your notice must include your full name, email address, and a clear statement that you are opting out of arbitration. Opting out will not affect any other provision of these Terms.

TERMINATION

We may suspend or terminate your access to our website, resources, or services at any time, for any reason, with or without notice. You may stop using our website at any time. Provisions of these Terms that by their nature should survive termination will survive, including without limitation the sections on Intellectual Property, Assumption of Risk, Disclaimer of Warranties, Limitation of Liability, Indemnification, Binding Arbitration and Class Action Waiver, and Governing Law.

GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of laws principles.

Informal Resolution
Before initiating arbitration or any legal action, you agree to first contact us at jasmine@deafinemedia.com to attempt to resolve the dispute informally. We will work with you in good faith to resolve any concerns. You must allow at least sixty (60) days for informal resolution before initiating any formal proceeding.

Court Actions
For any matter not subject to arbitration (such as small claims, intellectual property, or matters that legally cannot be arbitrated), the state and federal courts located in Marion County, Florida have exclusive jurisdiction. You consent to the personal jurisdiction of these courts and waive any objection to venue in those courts.

International Users
If you are accessing our website from outside the United States, you do so at your own risk and are responsible for compliance with your local laws. Disputes will still be governed by Florida law and resolved through the procedures described in these Terms.
CHANGES TO THESE TERMS

We may update these Terms from time to time. When we make material changes, we will:
 

• Update the "Last Updated" date at the top of these Terms

• Provide notice by email or prominent notice on our website for material changes

Your continued use of our website, resources, or services after changes are posted constitutes acceptance of the updated Terms.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

NO WAIVER

The failure of Deafine Media to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Deafine Media.

ASSIGNMENT
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Deafine Media may assign or transfer these Terms at any time without notice.

ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any written services agreements, constitute the entire agreement between you and Deafine Media regarding your use of our website, resources, and services. They supersede any prior agreements, communications, or understandings.

CONTACT US

If you have questions about these Terms, contact us:
Email: jasmine@deafinemedia.com Website: deafinemedia.com Mail: Deafine Media, Ocala, Florida, United States
These Terms and Conditions were last reviewed and updated on 05/02/26.