Terms of Service

This Terms of Service Agreement (“Agreement”) covers the scope of your use and access to the DOM, Inc. ("DOM") website (“Site”) located at domvpn.com, virtual private networking ("VPN"), and DOM's services provided through the Site (“Service(s)”). By visiting the Site, purchasing a subscription, and/or using the Services, You (“You” or “Subscriber”) (“DOM” and “Subscriber” collectively known as "Parties") acknowledge that you have read the Agreement, fully understand the terms and agree to be bound by all of the terms of the Agreement.

Annotations in green in the Terms of Service are not legally binding and are summary descriptions of the Terms of Service language for your easier access and understanding. This document is an agreement that you agree to by accessing the DomVPN service.

ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND DOM, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "DOM ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION.

This is a legal agreement that includes clauses that gives you the right to settle a dispute out of court.

Subscriber affirms that they are more than eighteen (18) years of age, a valid legal entity, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with all of these terms contained herein.

If you are not an adult you must receive permission from a parent or legal guardian.

If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate the Services for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use the Site or Services.

Acceptance

By using and/or visiting the DOM Site or Services, Subscriber agrees in full to all of the terms provided herein, the terms and conditions of DOM's Privacy Policy, and the DOM Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the "Agreements"). By entering this Site and/or subscribing to the Services, Subscriber agrees to be bound by these terms and conditions. If Subscriber does not agree to be bound to the terms and conditions contained herein, then access to the DOM Site and/or its Services is prohibited.

You need to agree to the complete Terms of Service to gain access to the DOM service.

License

DOM grants you a limited, revocable, non-transferable, non-exclusive license to access an account for your personal, private, commercial, non-transferable, limited uses solely as set forth herein to use the Services and download and use the software offered by DOM as set forth in any additional documentation and/or agreements applicable to the Services accessed by You. All intellectual property rights for the DOM software, mobile applications, and the DOM website are owned by DOM, Inc. and are protected by United States and international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the DOM Site unless you fully agree to be bound by all of the terms of this Agreement. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to DOM content. Your rights are subject to your compliance with this Agreement as well as any other agreements applicable to DOM. New or future services that may be offered by DOM will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN Services only and do not include any other services herein.

You are purchasing access to a license that gives you the right to use the DOM service.

Changes to this Agreement

Client understands that the present Agreement is subject to changes made by DOM at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions to this Agreement. If the proposed amendments include material alterations that affect your rights or obligations under this Agreement, DOM shall notify you in advance of the changes by reasonable means, which may include notification through the Site or via email. Non-material changes to the Agreement shall take effect upon publication of the amendments to the Site. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.

This Agreement shall apply to all users of DOM whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and you are only authorized to use DOM if you agree to abide by all applicable federal and state laws and be legally bound by all of the terms of this Agreement.

The Terms of Service may change, so it is important to review this webpage periodically.

Conduct

You agree to comply with all applicable laws and regulations in connection with use of the Services. You must also agree that you and any other user that you have provided access to will not engage in any of the following activities:You must conduct yourself in a way that would not violate these rules of conduct.

• Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes";
• Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
• Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the content owner;
• Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
• Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
• Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to DOM;
• Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;
• Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals; or
• Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside.
• Performing any activity that aims at interfering with DOM's functionality or otherwise might have an adverse effect on the quality and functionality of DOM Services for other users, including abuse of the ability to connect unlimited simultaneous devices (such as through resale, non-personal use or other breach of the license provided herein). In order to preserve an excellent user experience for all, when we detect what appears to be abuse of the unlimited simultaneous devices provision, we may contact you to discuss the situation and potential alternatives. If the situation continues, we reserve the right in our sole discretion to limit or restrict your usage of DOM.,

You must conduct yourself in a way that would not violate these rules of conduct.

Export Controls

The DOM service offered as part of this Agreement is subject to all relevant United Nations resolutions or the trade or economic sanctions United States, European Union, United Kingdom export control laws and regulations and follows any sanction, prohibition or restriction placed therefrom (“Sanctions”). DOM makes no representation that this Site or the Services is appropriate or available for use in other locations outside the United States. By using this Site or the Services, you represent and warrant that: (i) you are not a Sanctioned person or currently the subject or target of any Sanctions or (ii) have taken any action, directly or indirectly, that would result in a violation of Sanctions or any Anti-Corruption Laws. ; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).

Pay attention to import/export rule.

Breach

• Issuance of a warning;
• Immediate, temporary, or permanent revocation of your DOM account with no refund;
• Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
• Independent legal action by DOM as a result of a breach; or
• Disclosure of such information to law enforcement authorities as deemed reasonably necessary.

DOM reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your DOM account or subscription has been suspended, then you may contact: [email protected].

We can disable your account if you break our rules.

Service Level Agreement

Service coverage, speeds, locations and quality are not guaranteed. While DOM will make every attempt to maintain the Services availability at all times, the Services may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. DOM does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to the Services, suspend or block services, or cancel any and all Services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that the Services will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.

Sometimes hardware malfunctions - we will do our best to have 100% uptime.

Client Responsibilities

As a client of DOM, you are responsible for:

• Maintaining the confidentiality and security of the account you are provided.
• Providing valid and accurate identifying information related to the user account.
• Liability for any use and/or abuse which occurs while you or any third-party is logged into the DOM service with your account credentials.

Please - Try and stay secure.

APPLE AUTO-RENEWING SUBSCRIPTIONS TERMS AND CONDITIONS

For Apple app store specific purchases, payment will be charged to your Apple ID upon confirmation of purchase. All subscriptions shall automatically renew unless the subscription is canceled by You at least twenty-four (24) hours before the end of the current subscription period. Your Apple ID will be charged for the subscription renewal within 24 hours prior to the end of the current subscription period. You can manage and cancel your active subscriptions with Apple by visiting your account settings on the App Store.

Signing up for a subscription constitutes acceptance of all of the terms of this Agreement.

Your Subscription will automatically renew unless you cancel it.

Cancellation

You understand and agree that DOM shall maintain your email address after your subscription ends. You may access the Client Control Panel to reactivate your subscription at any time.

Refund Policy

If you are less than 100% satisfied with the Services, we will gladly refund your payment if the refund is requested within thirty (30) days from the date of the initial purchase and/or renewal. Requests made after the 30 day purchase date window will be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from DOM sent to your account e-mail address within (30) days from the date of the request sent by DOM, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three (3) months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the (30) day period.

In the event of a unauthorized chargeback, your account details shall be blacklisted.If you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to DOM a wallet address for the refund to be credited.You understand that by paying for DOM using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The Parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by DOM directly. Accounts purchased through the Apple Store, Giftcards or 3rd party deal sites, can only be refunded by the payment processor.

If you are any less than 100% satisfied, we will refund you within thirty (30) days of your purchase.

Our rights

DOM reserves the right to close your account at any given time without any given notice. While DOM will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.

Subscriber understands that DOM also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the DOM network. Subscriber also understands that DOM for reasons beyond its control may shut down and terminate services. If DOM ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.

We are allowed to notify you if we’re scaling back or shutting down.

Warranties

Subscriber represents and warrants that all of the identifying information provided to DOM to use the DOM Site is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the DOM Site or its Services, you must agree to all of the terms of DOM's privacy policy, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates. You acknowledge and agree that the technical processing and transmission of the Site may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by DOM with regard to its users may be disclosed in accordance with the DOM Privacy Policy.

You promise you are who you claim to be and you will respect our privacy policy.

Warranty Disclaimer

SUBSCRIBER UNDERSTANDS THAT THE DOM SITE AND SERVICES ARE PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE DOM SITE OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF. DOM MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES,ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,aANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY,ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.DOM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DOM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DOM SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Unless we specifically state as such, we make no warranties.

Limitation of Liability

IN NO EVENT SHALL DOM, ITS OFFICERS, AFFILIATES, DIRECTORS, CONTRACTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE DOM SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE AND/OR SERVICES ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our Liability to you is limited.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DOM SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

Subscriber agrees to defend, indemnify and hold harmless DOM, its parent corporation, officers, affiliates, directors, contractors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:your use of and access to the Site and/or Services;your material breach of any term of this Agreement;your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; orAny claim that your use caused damage or injury to any third party.This defense and indemnification obligation will survive termination of this Agreement and Your use of the Site.

We are not liable for costs incurred by you for use of the service.

Dispute Resolution

Purpose. The term "Dispute" means any dispute, claim, or controversy between you and DOM regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with DOM or any company, subsidiary, parent, vendor associated with DOM that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and DOM that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.Disputes may be settled outside of court.Exclusions from Arbitration. YOU AND DOM AGREE THAT ANY CLAIM FILED BY YOU OR BY DOM IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY DOM IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 5555 DTC PARKWAY SUITE 360 GREENWOOD VILLAGE, CO 80111, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR DOM ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH DOM THROUGH ARBITRATION.Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY DOM SERVICE, YOU MUST SEND WRITTEN NOTICE TO 5555 DTC PARKWAY SUITE 360 GREENWOOD VILLAGE, CO 80111, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: DOM.COM: DISPUTE RESOLUTION" TO GIVE DOM THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If DOM does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or DOM may pursue your claim in arbitration pursuant to the terms in this Section.

Disputes may be settled outside of court.

CLASS ACTION WAIVER. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND DOM SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE PROCEEDINGS. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.No class action lawsuits.Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or DOM elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.Arbitration Procedures. Because the software and/or service provided to you by DOM, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.jamsadr.com or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with DOM as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to DOM. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration. You or DOM may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, DOM may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.

No class action lawsuits.

Assignment

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DOM without restriction.

We may assign the terms of this Agreement in the event of a transaction.

Severance

If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

If one part of this agreement is found to not apply, the rest of the agreement shall continue to apply otherwise.