Domuso Terms of Service
Please read carefully the following terms of service (these “terms”). This document is a contract between domuso inc. (“domuso” or “we” or “our” or “us”) and you. You acknowledge that you have read and understood these terms. Further, if you access www.domuso.com (the “site” or “platform”) and/or use the services offered by domuso through the platform, you accept and agree to be legally bound by these terms.
These terms require the binding arbitration of any and all disputes, as stated in the “resolution of disputes” section (section 15), which you should read in its entirety. you understand that this is a legally binding instrument and agree to abide by its terms.
1. DESCRIPTION OF SERVICES
Domuso provides the services described in this Section 1 (the “Services”) to renters and potential renters (each, a “Renter”) of residential properties owned by landlords with whom Domuso has entered into a merchant processing agreement (“Landlords”) which remains in effect with respect to such properties (“Partner Properties”).
1.1 Domuso Payments.
(i) Domuso Payments is a payment service offered through Domuso’s technology platform enabling Renters to pay rent, security deposits, fees and other payment types to Landlords with respect to Partner Properties (“Rental Payments”) via credit/debit card and eCheck. The services may be provided by Domuso in conjunction with third-party service providers.
(ii) You acknowledge and agree that (i) your Rental Payments are based upon transactions between you and the Landlord and not with Domuso or any of our affiliates; (ii) Domuso is a third-party payment facilitator operating on behalf of the Landlord and not a party to any transaction; (iii) you have been, are, and will remain responsible for your actual payments to the Landlord, including authorizing each payment on time or setting up automatic payments (“AutoPay”); and (iv) providing valid, non-expired funding source(s). You will receive a confirmation from Domuso acknowledging the processing of your payment.
(iii) Where made available by the Landlord, Domuso allows you to use your bank account for electronic check (eCheck) payments. This payment method is also called ACH debit, as it uses the Automated Clearing-House network. Your completion of an eCheck payment constitutes your authorization to transfer the sum specified by you from your bank account to the Landlord. After authorizing an ACH debit or AutoPay, you will not be able to cancel the electronic transfer.
(iv) Completion of any payment via the Platform is contingent on both authorization by the card company or the paying bank and acceptance by the landlord. If a payment is rejected or declined, you may be subject to penalties, late fees, insufficient funds (NSF) fees, and/or interest charges as assessed by the landlord or as assessed by your banking or card institution. All payments made through the Platform are final (unless rejected by the landlord), and you may not request or seek any refund or chargeback or otherwise cancel or reverse such a payment once authorized.
(v) Payment Processing Limitations. Domuso does not allow single transactions over $2,500 for an individual Renter nor multiple transactions over $5,000 per month for an individual Renter.
(vi) You and not domuso are responsible for ensuring that timely payments of all amounts are made. further, you and not domuso are responsible to ensure that the amount of any payment you make using the platform is correct. domuso does not review your lease or other agreement or otherwise verify that amounts paid using the platform conform to any such lease or agreement. any dispute regarding any payment shall be resolved solely between you and the landlord.
(vii) You agree to the terms of service of SynapsePay (our financial partner) found here which are incorporated herein by reference. This website/application is not directly supported by, endorsed or certified by SynapsePay. SynapsePay gives no warranties and makes no claims about this application/website.
1.2 Move-In Financing.
(i) Domuso Move-In Financing is a closed-end installment loan product with monthly repayment terms of between 3 to 12 months offered through Domuso’s technology platform enabling Renters to pay move-in Rental Payments (including advance rent, security deposits, and/or other move-in payments) for Partner Properties (“Move-In Financing”). If you qualify and agree to use Move-In Financing, Domuso will pay the Landlord the move-in Rental Payment on your behalf in exchange for your promise to repay the same amount plus a finance charge as determined by your creditworthiness.
(ii) Move-In Financing is offered only to Renters who satisfy creditworthiness and other requirements. If you qualify, we may offer Move-In Financing subject to your execution and delivery of any loan agreement or other documentation that we provide to you. Move-In Financing interest rates range from 10% to 30% fixed Annual Percentage Rate (“APR”) depending on your creditworthiness. We will apply the above APR to each monthly payment on an equal, precomputed basis, unless you pay off your loan early, in which case the Prepayment Refund terms below will apply. Any other fees or finance charges for Move-In Financing will be described and disclosed in any offer we make to provide you with Move-In Financing or in your loan agreement.
(iii) If you apply for Move-In Financing, (i) you authorize us, directly or through third parties, to make any inquiries and request any information that we deem necessary or appropriate in our sole discretion to confirm your identity and your eligibility for financing, and (ii) you also authorize us to investigate your credit record and obtain your credit report in connection with our review of your application for Move-In Financing. If we provide you with Move-In Financing we may thereafter request your credit report for other reasons.
(iv) Your first payment will be due no sooner than 30 days after Domuso pays the Landlord on your behalf pursuant to the Move-In Financing service. Domuso does not charge late fees for Move-In Financing payments. If you pay off the entire amount due in advance of the date of the final payment, Domuso will provide you a rebate (“Prepayment Refund”) for the difference between the originally calculated precomputed charge and the actual finance charge due according to the APR as of the date of repayment. In lieu of a refund, you may satisfy your repayment obligation on any date prior to the date of the final payment by paying Domuso an amount equal to the unpaid balance, less the required rebate as of the date of such a payment.
1.3 Referral Rewards.
Landlords who have programs or policies that reward tenants for referring other tenants (a “Referral Policy”) may use the Site to provide information to you about their Referral Policy. The terms and conditions of any Referral Policy will be determined solely by the landlord. We do not get involved in any payment under or other administration of any Referral Policy. The landlord is solely responsible for compliance with its Referral Policy.
1.4 Property Ratings.
Our Platform enables you to post ratings and reviews for any listed property (each, a “Rating”). Ratings may be available to the public. You represent and warrant that Ratings are genuine and do not reflect bias, either intentional or unintentional, to favor or disfavor any property. You agree not to accept any payment or other consideration for any Ratings.
2. OUR FEES
Any fees paid directly by you in association with Domuso Services described above will be disclosed to you before processing any Rental Payment (including, without limitation, any move-in Rental Payment). Fees are determined between the Partner Property and Domuso. Fees may be changed at any time. If you have scheduled automatic payments (AutoPay) and the fee amount is changed, you will be directly or indirectly notified of the fee change in advance. For so long as you continue to receive the Services, you agree to pay the fees disclosed to you in accordance with this Section 2.
3. USER ACCOUNT
To use our Platform to make payments or obtain Move-In Financing, you must create a user account (an “Account”). To create an Account, you must provide the information required during the registration process. You agree, represent and warrant that: (i) you will provide truthful, accurate, current, and complete Account registration information; (ii) you will promptly update such information if it changes to keep it accurate and complete; (iii) you are 18 years of age or older and competent; and (iv) your use of the Platform does not violate any applicable law, rule or regulation. You hereby authorize Domuso, either directly or through third parties, to make any inquiries we consider necessary to validate your Account registration information. You will not misrepresent yourself, or represent yourself as another user of the Platform. You are solely responsible for maintaining the confidentiality and security of your user name, password and Account information, and for all activity occurring under your Account as a result of your failure to keep such information secure and confidential. Domuso will not be responsible for any losses arising out of the unauthorized use of your Account. You may not allow any third party to use your Account for any purpose. You must notify us promptly in the event of any unauthorized use of your Account, user name or password or of any other security breach. Domuso has no liability to you or any third party for any loss or damage arising from your failure to comply with your obligations specified in this Section 3. You agree that Domuso may store and use the registration information you provide to maintain and bill applicable fees to your Account. You agree that any email address provided to Domuso in connection with your use of the Platform is the email address to which Domuso will direct all communications relating to such use of our Platform will be directed, and you will be responsible to respond to such communications.
If you think there is problem or error related to any of the Services or with your Account, you should IMMEDIATELY contact Domuso at www.domuso.com. We must hear from you within sixty (60) days following the FIRST notification in which the potential problem or error appeared. We will investigate any error within forty-five (45) days and tell you the results within three (3) days after completing our investigation.
Domuso provides this error-resolution notice in compliance with the Federal Reserve’s Regulation E, which governs EFTs.
§205.7(b)(1) Consumer Liability.
Tell us AT ONCE if you believe your account access code or account information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your code, you can lose no more than $50 if someone used your code without your permission.
If you do NOT tell us within 2 business days after you learn of the loss or theft of your account access code or account information, and we can prove we could have stopped someone from using your account access code or account information without your permission if you had told us, you could lose as much as $500.
Also, if your statement shows transfers that you did not make, including those made by card, account access code or account information or other means, tell us AT ONCE. If you do not tell us within 60 days after the statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
§205.7(b)(2) Contact in Event of Unauthorized Transfer
If you believe your account access code or account information has been lost or stolen, IMMEDIATELY contact Domuso at www.domuso.com. You should also contact Domuso at the above address if you believe a transfer has been made using the information from your check without your permission.
§205.7(b)(3) Business Days
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
§205.7(b)(4) Transfer types and limitations
(i) Account Access. You may use your account access code or account information to pay for facilities through Domuso only as described in these Terms
(ii) Limitations on frequency of transfers. You may authorize Domuso to make a one-time or recurring electronic payment from your checking or savings account using information from your check to pay for facilities through Domuso only as described in these Terms.
(iii) Limitations on dollar amounts of transfers. You may authorize Domuso to make a single payment up to $2,500 to pay for facilities through Domuso as described in these Terms or you may authorize Domuso to make multiple payments up to $5,000 per month to pay for facilities through Domuso only as described in these Terms
We will charge you fees for each transfer you make using our facilities through Domuso as described in these Terms.
We will disclose information to third parties about your account or the transfers you make: (i) Where it is necessary for completing transfers, or (ii) In order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant, or (iii) In order to comply with government agency or court orders, or (iv) If you give us your written permission.
You can print a receipt at the time you make any transfer you make using our facilities through Domuso as described in these Terms.
§205.7(b)(8) Financial Institution’s Liability
If we do not complete a transfer to or from your account on time or in the correct amount according to our Terms, we may be liable for your losses or damages only as described in these Terms. Additionally, we will not be liable, for instance: (i) If, through no fault of ours, you do not have enough money in your account to make the transfer. (ii) If the transfer would go over the credit limit on your overdraft line. (iii) If the Platform was not working properly and you knew about the breakdown when you started the transfer. (iv) If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
3. USER ACCOUNT
4.1 User Content Defined.
“User Content” means any Rating or other content of any type or nature, including, but not limited to, text, images, video and audio, in any format, that you post to the Site or that you submit to us for transmission or display on the Site.
You grant Domuso a perpetual, irrevocable, worldwide, fully-paid-up, royalty-free license to create derivative works and modifications based upon User Content and to copy, distribute, transmit, publicly display and publicly perform User Content and such derivative works and modifications. You irrevocably waive any claim that any modifications, uses, publications or exploitations of any User Content will or may cause harm to your honor or reputation constitute a distortion or mutilation of such User Content.
4.3 Publicity Consent.
You irrevocably consent on your behalf and on behalf of any other person depicted or otherwise referenced or included in any User Content to any and all uses, for any purpose, by Domuso and by any of its vendors, customers, licensees and advertisers of any image, name or other aspect of the persona of you or such other person that is included in such User Content.
You warrant to Domuso that you are authorized to grant the foregoing consents and that you own the copyrights to the User Content, free and clear of any claims or rights of any person, or that you are otherwise authorized under those copyrights to grant all rights granted in these Terms.
4.5 No Infringement.
You represent and warrant that no User Content, and no use, duplication, display, performance, distribution or other exploitation of any User Content, will violate any rights of any person, including, but not limited to, any rights related to copyright, trademark, privacy, publicity or defamation (collectively, “Rights”). You agree that you will be responsible to pay or, at Domuso’s option, to reimburse Domuso for any costs Domuso incurs to defend, and any settlement or damages that Domuso pays in connection with, any claim by any person that User Content violates any Rights.
4.6 No Inappropriate Content.
You agree not to post or submit User Content that is inconsistent with the spirit of the Site or that might offend its community of users. Forbidden User Content includes any that disparages any person or group. User Content of a racial, sexual, sexist, obscene, violent, threatening, political or controversial nature will generally be inappropriate. You further agree not to post or submit any User Content that includes any trade secret or any personal or private information of any person or that is intended or could reasonably be expected to annoy, defame, embarrass or harass any person.
4.7 Monitoring and Removal.
Domuso does not have any responsibility or obligation to monitor the User Content or to remove or block any User Content that violates this Section 4. However, Domuso reserves the right to do so and to take down or block any User Content at any time and for any reason, in its sole discretion.
5. COPYRIGHT COMPLAINTS AND REMOVAL POLICY.
Domuso does not tolerate the posting on or submission to the Site of any content that infringes any copyright. If you believe that any content posted on or submitted to the Site infringes your copyright, you may notify Domuso’s designated agent specified below. Domuso will respond to notices of alleged copyright infringement that comply with all requirements of law and are properly provided to Domuso. Without limiting the generality of the foregoing or any of Domuso’s rights or remedies hereunder or at law or in equity, Domuso will, under appropriate circumstances as determined by Domuso in its sole discretion, terminate the account of any user who repeatedly infringes the copyright of, or otherwise violates any rights of, any person. Domuso’s designated agent for notice of alleged copyright infringement is: Attn: DMCA Copyright Agent, Domuso at 929 Colorado Ave, Suite 213, Santa Monica, CA 90401
Federal law requires that your notice of copyright infringement include the following information:
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that you claim is infringing, with enough detail so that we may locate it.
- Information reasonably sufficient to permit Domuso to contact you, such as your address, telephone number and email address.
- Your physical or electronic signature.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the sole owner of the copyright or otherwise authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. PROHIBITED USES
You are prohibited from violating or attempting to violate any security features of the Site and/or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site and/or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site and/or Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Domuso in providing the Site and/or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
7. OWNERSHIP AND FEEDBACK
7.1 Domuso Materials.
As between Domuso and you, Domuso and/or its third party licensors own all right, title and interest in and to: (i) the materials or information provided by Domuso on and through the Site and/or the Services (collectively, the “Domuso Content”); (ii) the software, algorithms and code made available by Domuso through, or used by or for Domuso in connection with, the Site and/or the Services (collectively, the “Software”); (iii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Site, the Services, Software and Domuso Content; and (iv) the domain names, trademarks, service marks, logos and other brand features found on, or in, the Site, Service, Software or Domuso Content.
You grant Domuso a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with the right to sublicense, under any and all intellectual property or other rights in or relating to any information or material that you or your representatives may provide to Domuso relating to the Site or the Services or your use thereof or experience therewith, whether oral or written (collectively, “Feedback”), to (i) modify or create derivative works based upon the Feedback, (ii) use Feedback and any such modifications or derivative works in any way in connection with the design, development, marketing and other exploitation of the Site or the Services or any other website, product or service of Domuso or any of its affiliates, (iii) debug, display, perform, prepare derivative works, copy, make, have made, use, disclose, sell, otherwise dispose of, support, and otherwise exploit the Site and the Services and such other products and services in any way and in any media, whether currently known or unknown, and (iv) copy, display, perform, distribute, display, use, sell or otherwise exploit the Feedback and any modifications thereto or derivative works based thereon for any purpose and in any way.
You shall indemnify Domuso and its affiliates, partners, licensors and contractors and each of their respective principals, owners, officers, directors, employees, consultants, agents, and representatives (the “Indemnitees”), and shall hold the Indemnitiees harmless, from and with respect to any and all claims, losses, liability, damages, responsibilities, costs and expenses (including, without limitation, attorneys’ fees) arising out of or in connection with your access to or use of the Site and/or any of the Services, including, without limitation, any claim, loss, liability, damage, responsibility, cost or expense arising from your (i) violation of these Terms, (ii) breach of any other agreement relating to the Site and/or the Services, including without limitation any agreement between you and your landlord, and/or (iii) violation of any law, rule or regulation.
9. NO WARRANTIES
Domuso is making the site and/or service available to you on an “as is” and “as available” basis, without warranty of any kind. you assume the risk of, and you waive all claims relating to, any damage or loss from use of, or inability to use, the site and/or the service. to the maximum extent permitted by law, domuso expressly disclaims any and all warranties, express or implied, regarding the site and/or service, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. we do not warrant that the site and/or the service will meet your requirements or that the operation of the site and/or the service will be uninterrupted or error-free. you acknowledge that no employee or other representative of domuso is authorized to make any representation or warranty on behalf of domuso, and no oral or written statement, advice or information made or provided by any domuso personnel shall constitute or give rise to any representation or warranty. without limiting the generality of the foregoing, domuso only arranges financing and payment. domuso does not warrant that your landlord will make any rental unit available or otherwise perform any of its obligations to you, including, without limitation, its obligation to consider rental applications in good faith upon payment of any application fee or to return or release all or any part of any reservation hold. you shall be solely responsible for resolving any dispute with your landlord and for recovering from the landlord any damages to which you may be entitled for the landlord’s violation of any agreement between the landlord and you or any applicable law.
10. LIMITED LIABILITY
10.1 Exclusion of Damages.
To the maximum extent allowed under applicable law, neither domuso nor its affiliates nor its or its affiliates’ suppliers or vendors will be liable for any special, incidental, consequential or exemplary damages arising out of or in connection with these terms, the site, any services, or your use of any of the foregoing, even if domuso or its affiliates or its or its affiliates’ suppliers or vendors have been advised of the possibility of such damages.
10.2 Limit of Liability.
To the maximum extent allowed under applicable law, in no event will domuso’s or its affiliates’ or its or its affiliates’ suppliers’ or vendors’ aggregate liability for any claim(s) under these terms or relating to the site, any services, or the use of any of the foregoing, whether arising in contract, tort or any other theory of liability, exceed the aggregate of the processing fees that you shall have actually paid to domuso during the one (1) year period immediately preceding the date that such claim first arises.
10.3 No Equitable Relief.
If Domuso breaches these Terms in any way, or if Domuso otherwise violates any of your rights, Domuso’s sole liability and your sole and exclusive remedy therefor shall be direct damages, subject to Section 10.1 and 10.2. YOU SHALL NOT SEEK AND HEREBY IRREVOCABLY WAIVE ANY RIGHT TO RECEIVE INJUNCTIVE OR OTHER EQUITABLE RELIEF OF ANY TYPE OR NATURE AGAINST DOMUSO.
11. AFFILIATED SITES
Domuso has no control over, and no liability for, any third party acts, omissions, websites, services, products or materials of any type or nature, including, without limitation, any of the foregoing to which we link or regarding which we provide information or recommendations. Domuso makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites or services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
12. NO LICENSE
Nothing contained on the Site and/or the Services grants or should be understood as granting you a license under any of the rights in or to any trademarks, service marks, logos, Software, technology or content owned by Domuso or by any third party.
Domuso may, in its sole discretion and without prior notice, (a) revise these Terms including any charges or fees; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Domuso shall prominently post any revision to these Terms to the Site, and the revision shall be effective as of the later of (i) such posting or (ii) the earliest time permitted under applicable law. Also, if you have an active Account at the time of such modification, Domuso will make commercially reasonable efforts to notify you of such modification by email. Nevertheless, you agree to review these Terms and other online policies posted on the Site periodically (and not less often than monthly) to be aware of any revisions. You agree that, by continuing to use or access the Site and/or Services following posting of any revision, you shall be bound by these Terms as so revised.
14. ELECTRONIC COMMUNICATIONS
14.1 E-Sign and UETA.
By using the Site and/or any Services, you consent to receive electronic communications from Domuso, its parents, affiliates, subsidiaries and third party service providers. These electronic communications may include notices about applicable fees and other charges, transactional information and other information concerning the Site and/or Services. These electronic communications are part of your relationship with Domuso and you receive them as a condition to you being permitted to use the Site and/or the Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. This disclosure is given in compliance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) 15 USC §7001, et seq., and the Uniform Electronic Transactions Act, as adopted by the various States.
14.2 Electronic Signature (E-Sign) and Uniform Electronic Transactions Act (UETA) Disclosure and Consent Agreement.
- This disclosure relates to the Site including, without limitation, electronic fund transfers, the use of electronic signatures and the use and storage of “electronic records” as defined in the E-SIGN Act. This policy describes how Domuso delivers communications to you electronically. Domuso may amend this policy at any time by posting a revised version on the Site. The revised version will be effective when posted by Domuso. If the revised version includes a substantial change, Domuso will provide you with thirty (30) days’ prior notice by posting a notice of the change on the Site.
- Electronic Delivery of Communications:
(b) Domuso will provide Communications to you by posting them on the Website and/or by emailing them to you at the primary email address designated by you when you created your Account.
- Hardware and Software Requirements:
(a) In order to access and retain electronic Communications, you will need the following computer hardware and software: a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader to open documents in pdf format; a valid email address (the primary email address designated by you when you created your Account); and sufficient storage space to save past Communications or an installed printer to print them.
(b) Domuso will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Domuso. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
- How to Withdraw Your Consent:
(a) You have the right to withdraw your consent at any time. To withdraw consent, you may send a written request (a) by regular mail to Domuso at 929 Colorado Ave, Suite 213, Santa Monica, CA 90401 (b) by email to email@example.com
(b) If consent is withdrawn, Domuso reserves the right to discontinue your access to the Site and the Services, terminate any and all agreements with you, and/or charge you additional fees for paper copies.
- Requesting Paper Copies of Electronic Communications:
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication Domuso previously sent you, you may request a copy within one hundred eighty (180) days of the date Domuso provided the Communication to you by contacting Domuso as described above. Domuso will send your paper copy to you by U.S. mail. In order for Domuso to send paper copies to you, you must have a current street address on file with Domuso as your primary mailing address. If you request paper copies, you understand and agree that Domuso may charge you a Paper Communications Fee for each Communication at the current rate.
- Updating Your Contact Information:
(a) You are responsible for keeping your primary email address on file with Domuso up to date so that Domuso can communicate with you electronically. You understand and agree that if Domuso sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your Internet service provider, or you are otherwise unable to receive electronic Communications, Domuso still will be deemed to have provided the Communication to you.
(b) If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your email address book, you must add Domuso to your email address book so that you will be able to receive the Communications Domuso sends to you.
(c) You can update your primary email address or street address at any time by sending the updated information to Domuso (a) by regular mail to 929 Colorado Ave, Suite 213, Santa Monica, CA 90401 (b) by email to firstname.lastname@example.org. If your email address becomes invalid such that electronic Communications sent to you by Domuso are returned, Domuso reserves the right to discontinue your access to the Site, terminate any and all agreements with you, and/or deem any and all of your accounts with Domuso as “inactive”.
15. RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS.
15.1 Terms of Arbitration.
You and Domuso shall arbitrate any and all Disputes, as follows:
- “Dispute” means any dispute arising out of or in any way related to these Terms, any amendments or addenda to these Terms, or the subject matter of these Terms, including, but not limited to, any contract, tort, statutory or equity claims that relate in any way to (1) these Terms, the Site or the Services (collectively, the “Contract Subject Matter”), (2) the use, distribution, sale, advertising, promotion or marketing of any of the Contract Subject Matter, or (3) any claims, statements, promises, descriptions, representations or warranties made in connection with the Contract Subject Matter.
- This Section 15 shall apply to the resolution of Disputes. In the event of any Dispute, the parties are encouraged to attempt to resolve the Dispute by informal means. If the parties are not able to do so, the Dispute will be resolved only by binding arbitration.
- Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. ANY DISPUTE BETWEEN DOMUSO AND YOU WILL BE SUBJECT TO BINDING ARBITRATION.
- Domuso and you agree that there shall be no jury trial or right to a jury trial, or right to any other proceeding to resolve any dispute in any court. in the event of any dispute, both parties agree that these terms will be governed, both procedurally and substantively, by the federal arbitration act, 9 u.s.c. sections 1-9 (“faa”) to the maximum extent permitted by applicable law.
- All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be STRICTLY CONFIDENTIAL for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law.
- The parties expressly agree that any dispute is personal to them, and any such dispute shall only be resolved by an individual arbitration. neither party agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. neither party agrees that a dispute can be brought as a class or representative action outside of arbitration, or on behalf of any other person or persons. the parties agree that a dispute may only be resolved through an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding.
- The arbitration of the Dispute will be administered by the American Arbitration Association (“AAA”) or, in the event the AAA declines or is unable to administer the arbitration, by an arbitration forum or arbitrator that Domuso and you shall mutually agree upon. If, after making a reasonable effort, Domuso and you are unable to agree upon an arbitration forum or arbitrator, the AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA’s Commercial Arbitration Rules or the appropriate rules of any alternative arbitration forum selected by Domuso and you or appointed by a court, subject to the following modifications:
(a) The arbitration will be conducted before a single arbitrator who will be a licensed attorney or a former judge.
(b) As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute. This does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms as stated above. The arbitrator may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
(c) The parties may take discovery through interrogatories, depositions and requests for production that the arbitrator determines to be necessary, with the caveat that each party shall have the right to take the deposition of at least one person for at least one day.
(d) In making any award, the arbitrator will be restricted by the Limitation of Liability provisions in these Terms (Section 10), and will not have jurisdiction to make an award to any party to the arbitration contrary to the Limitation of Liability provisions; provided however that if the enforceability of any of these restrictions is limited by the applicable substantive law or by the AAA rules, that restriction will only be enforced to the extent permitted by such law or rules.
(e) The prevailing party in any of the following matters (without regard to the Limitation of Liability provisions) will be entitled to recover its reasonable attorneys’ fees and costs incurred: (i) a motion which any party is required to make in the courts to compel arbitration of a Dispute; (ii) any appeal of an arbitration award, whether to the arbitrator or the courts, for the purpose of vacating or modifying the award; or (iii) any action to enforce the confidentiality provisions stated in this Section 15.
(f) Domuso will pay the amount of any arbitration costs and fees charged by the AAA, subject to the right of Domuso to request that the arbitrator allocate the ultimate responsibility for that fee in a fair and reasonable manner. Unless the arbitrator finds that you are economically unable to pay a share of the arbitrator’s fee or that it is otherwise inappropriate for you to do so, the arbitrator ultimately may decide that you are responsible for some portion of that fee in the arbitrator’s discretion.
15.2 AAA Rules.
The AAA rules are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org.
16. LIMITATION OF TIME PERIOD TO COMMENCE ANY COMPLAINT OR ACTION.
Regardless of any statute of limitations or law to the contrary, and to maximum extent permitted by applicable law, any claim or cause of action that constitutes a Dispute MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE INCIDENT GIVING RISE TO THE DISPUTE OCCURRED; provided that, if the substantive law applicable to the arbitration prohibits the parties from agreeing to this limitations period, then the limitations period under the applicable substantive law shall control. The failure of a party to file an arbitration claim within the applicable limitations period shall constitute a waiver by that party of its right to bring such a claim in any form or forum and a complete bar to any claim based on any Dispute, and the arbitrator shall not have jurisdiction to make a determination for a party that has not brought its claim within such applicable limitations period.
Domuso reserves the right to withhold, suspend or terminate any person’s or entity’s use of the Site or the Services in the event of any likely or pending breach of these Terms or as may be compelled by or advisable under any law, rule, regulation or agreement, as determined by Domuso in its sole discretion.
18.1 Governing Law.
With the exception of the provision above that the enforceability of Section 15 is governed both procedurally and substantively by the FAA to the maximum extent permitted by applicable law, these Terms will be construed and enforced in accordance with the laws of the state of California applicable to contracts entered into and fully performed in California by residents thereof.
18.2 Entire Agreement; Amendments; Waiver.
These terms and any loan agreement or other agreement that you enter into with Domuso relating to the Services together constitute the entire agreement between Pearlesque and you with respect to the subject matter hereof and thereof and supersede any and all prior or contemporaneous oral or written communications relating to the subject matter hereof and thereof. There being no expectations to the contrary between the parties hereto, no usage of trade or other regular practice or method of dealing between the parties hereto shall be used to modify, interpret, supplement or alter in any manner any express terms of these Terms. Except as otherwise provided herein, these Terms shall not be amended except by a writing executed by both parties. No waiver of any provision of these Terms or any rights or obligations of either party hereunder shall be effective, except pursuant to a written instrument signed by the party or parties waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.
If any part of these Terms is held invalid or unenforceable, the remaining parts of these Terms shall be unimpaired and remain in full force and effect. Further, if any part of these Terms is partially valid and enforceable and partially invalid or unenforceable, the valid and enforceable part shall be enforced to the maximum extent allowed under applicable law.
18.4 No Third Party Beneficiaries.
Nothing in these Terms shall be deemed to confer upon any person or entity other than the parties hereto and their respective assigns or other successors in interest a right of action either under these Terms or in any manner whatsoever.
18.5 No Circumvention.
You shall not do anything that circumvents or undermines the purpose or intent of any provision of these Terms.
18.6 Essential Purpose.
The parties acknowledge and agree that the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of these terms that are fundamental to the parties’ understanding regarding allocation of risk. accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under these terms to fail of its essential purpose.
19. QUESTIONS OR COMPLAINTS.
19.1 Domuso Contact Information.
If you have any questions or complaints regarding these Terms, the Site or any Services, you may contact Domuso at Domuso at 929 Colorado Ave, Suite 213, Santa Monica, CA 90401
19.2 California Complaint Assistance Unit.
Additionally, if you reside in California, you are hereby notified that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at 1-800-952-5210.