1. Acceptance of this Agreement

By accessing this Website You agree to these Terms and Pagoda's Privacy Policy. If you do not agree please immediately stop using the Website.

2. Use of this Website

a. You may use the Website for lawful purposes only. You agree not to:

• i. Violate any applicable laws or regulations;
• ii. Post or transmit any harmful threatening or offensive content;
• iii. Use the Website to distribute spam or other unsolicited messages;
• iv. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• v. Upload or distribute viruses malware or any other harmful software;
• vi. Attempt to interfere with the Website's operation or security including disrupting servers or networks connected to the Website.

b. You may not use this Website if you are under thirteen (13) years of age and have not reached the minimum age of digital consent in your country to access the Website. By continuing to use the Website you acknowledge that you have the right authority and capacity to comply with these Terms on your own behalf or on behalf of the entity you represent. If you do not meet all of these conditions please stop using the Website. We hereby notify you pursuant to 47 USC section 230(d) that parental controls are commercially available to assist you in limiting content that is potentially harmful to minors. More information on the availability of software to limit content available to minors can be found through publicly available sources. You may wish to contact your internet service provider for more information.

3. Intellectual Property

All content on the Website including text graphics logos and software is the property of Pagoda or its licensors and is protected by worldwide intellectual property laws. You may not:

• i. Use reproduce or distribute any content without the prior written consent of Pagoda;
• ii. Modify or create derivative works based on the content on the Website; or
• iii. Use any meta tags or other hidden text using our name or trademarks without our express written consent.

4. Privacy

Our Privacy Policy explains how we collect use and protect your personal information. By using this Website you consent to our collection and use of your information as described in the Privacy Policy.

5. Disclaimer of Warranties

The Website is provided “as-is” and “as available” without warranties of any kind either express or implied. Pagoda disclaims all warranties including but not limited to implied warranties of merchantability fitness for a particular purpose and non-infringement.

6. Limitation of Liability and Indemnification

a. In no event shall Pagoda including its officers directors employees or agents be liable for any indirect incidental special or consequential damages arising out of or in connection with your use of the Website. This includes but is not limited to damages for loss of profits goodwill use data or other intangible losses. Your only remedy for any potential dissatisfaction or liability related to the Website is to stop using the Website. The foregoing does not include any liability which cannot be excluded or limited under applicable law.

b. You agree to indemnify defend and hold harmless Pagoda and its officers directors employees contractors and agents from and against any claims liabilities damages losses and expenses including reasonable attorneys' fees and costs arising out of or in any way connected with you accessing the Website your violation of these Terms or your infringement of any of Pagoda's intellectual property.

7. Changes to the Terms

We may update these Terms from time to time without any requirement to expressly notify you. Any new Terms will be posted on the Website and your continued use of the Website after the changes take effect constitutes your acceptance of the new Terms.

8. Termination

In the event we find that you have breached these Terms or for any other reason as we see fit Pagoda may terminate or suspend your access to the Website at any time without prior notice or liability.

9. Severability and Waiver

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction the remaining provisions shall remain in full force and effect. No waiver by Pagoda of any of these Terms shall be deemed an automatic waiver of any of the other Terms set forth herein.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state of Florida without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Florida Miami-Dade county for the resolution of any disputes arising out of or related to these Terms.

11. Sanctions Compliance and Restrictions

User represents and warrants that it: (i) is not owned or controlled by any individual or entity subject to any sanctions administered or enforced by OFAC; (ii) is not located organized or resident in Cuba Iran North Korea Syria or the Crimea Luhansk and Donetsk Region of Ukraine; (iii) will not use Pagoda products and services in connection with any business in any of the above regions; and (iv) will not use transfer or provide access to Pagoda products or services to any sanctioned party or party located in a sanctioned jurisdiction.

Compliance with U.S. Export Regulations

User acknowledges and agrees to fully comply with all applicable U.S. export laws and regulations including the Export Administration Regulations (EAR) as administered by the Bureau of Industry and Security. User will not directly or indirectly sell export reexport transfer or otherwise dispose of any product software or technology (including products derived from or based on such technology) received from Pagoda to any prohibited destination entity or person specified by U.S. laws without prior authorization from competent government authorities. User will not use Pagoda's products software or technology for any purposes prohibited by U.S. laws such as nuclear chemical or biological weapons proliferation. User represents they have not been designated by the U.S. government as a prohibited party and is not located in under control of or a national or resident of any embargoed country. User agrees to comply with all local state national and international laws and regulations including U.S. export control laws and to indemnify Pagoda against any claims arising from such violations. This provision survives the termination of this Agreement and applies indefinitely.

12. Entire Agreement and Assignment

These Terms including any documents expressly incorporated by reference constitute the exclusive agreement between you and Pagoda with respect to the Website and supersedes any prior agreement related to the Website. We may assign our rights pursuant to these Terms to any person or entity at any time without your consent.

13. Contact Us

If you have any questions about these Terms please contact legal@pagoda.co. By using our Website you acknowledge that you have read understood and agree to be bound by these Terms. Thank you for visiting Pagoda.