The information on the Domicile365 website and the information and services provided in the Domicile365 App are provided “AS IS”. Domicile365.com and its owner do not warrant the accuracy of the materials provided herein or the functionality of the App, either expressly or implied. Domicile365.com and its owner will not be responsible for any loss or damage that could result from interpretation of any information made available to you via this site or any use of the App. Domicile365.com and its owner cannot and do not guarantee the accuracy, validity, timeliness or completeness of any information or data made available for any particular purpose. Neither Domicile365.com and its owner, nor any of its affiliates, directors, officers or employees, nor any third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site or the App.
Domicile365.com and its owner respects the intellectual property of others and asks that our users do the same. It is the policy of Domicile365.com and its owner to respond expeditiously to claims of intellectual property infringement by promptly processing and investigating notices of alleged infringement and taking appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Should the viewer leave this site or the App via a link contained herein or therein and view content that is not provided by Domicile365.com and its owner, the viewer does so at his or her own risk. The content to which you link will not have been developed, checked for accuracy or otherwise reviewed by Domicile365.com and its owner. Domicile365.com and its owner makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
Use of the logo or name “Domicile365.com ” or any variation thereof in any sales presentation, placement or offering memorandum or literature pertaining directly or indirectly to an an offeror, or any particular offering is not permitted without prior written consent from Domicile365.com and its owner except, (i) as required under federal, state or other applicable securities laws, (ii) strictly in the context of the duties of any fund administrator, or (iii) to disclose that any fund administrator is serving in that capacity. Any breach or violation of this policy shall be grounds for immediate termination of services provided by Domicile365.com and its owner and its subsidiaries.
Domicile365.com and its services may be used in conjunction with other third party products and services. Domicile365.com and its owner makes no warranty regarding any transactions, products or services executed through a third party or by a third party in connection with an Domicile365.com and its owner product or service.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. Domicile365.com AND ITS OWNER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. Domicile365.com AND ITS OWNER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Domicile365.com AND ITS OWNER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. Domicile365.com AND ITS OWNER DO NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE, THE APP OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Domicile365.com AND ITS OWNER ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF Domicile365.com AND ITS OWNERS, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS. THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Domicile365.com and its affiliates, officers, directors, employees, agents, managers, members and attorneys do not provide any legal, tax or investment advice. You are advised to consult with your own advisors for these matters.
IN NO EVENT SHALL Domicile365.com AND ITS OWNER OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE, THE APP OR ANY LINKED WEBSITE, EVEN IF Domicile365.com AND ITS OWNER OR ANY AFFILIATE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You release, discharge and hold harmless Domicile365.com, its owner and their affiliates and their respective directors, officers, managers, members, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the site and App, including, without limitation, liabilities arising out of information posted on the site, the operations of the App or otherwise provided by Domicile365.com and its owner. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.
Domicile365.com and its owner reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such changes is posted on the website. Your continued use of the site and App after any changes to these terms and conditions are posted will be considered acceptance of those changes. Domicile365.com and its owner may terminate, change, suspend or discontinue any aspect of the Site or App, including the availability of any features of the Site or App, at any time. Domicile365.com and its owner may remove, modify or otherwise change any content, including that of third parties, on or from the Site. Domicile365.com and its owner also may impose limits on certain features and services or restrict your access to part or all of the Site or App without notice or liability. Domicile365.com and its owner may terminate the authorization, rights and license given above. Domicile365.com and its owner may terminate your use of the Site or App at any time in its sole discretion.
The Site and the App is controlled, operated and administered by Domicile365.com and its owner from its offices within the United States of America. Access to the Site and the App from territories where its contents are illegal is prohibited. These terms and conditions shall be governed by the laws of the State of Florida and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Florida. These terms and conditions constitute the entire agreement between Domicile365.com and its owner and you with respect to the terms of usage for the Site and the App. Any cause of action you may have with respect to your use of the website or App must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement shall continue in full force and effect.
Except as otherwise noted on this web site, the contents of this web site are copyrighted © 2022 by Domicile365.com and its owner. All rights are reserved. No part of the materials on this web site, including web site text, graphics and html code, may be reproduced or transmitted in any form by any means without the express written consent of Domicile365.com and its owner.
By downloading, browsing, accessing or using the Domicile365 mobile application (Mobile Application or App), you agree to be bound by these Terms and Conditions of Use, including with respect to use of the App, Website or any other services. We reserve the right to amend these terms and conditions at any time (current terms and conditions of use may be found on our website, www.domicile365.com. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on or in connection with the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
2. DEFINITIONS In these Terms and Conditions of Use for the Domicile365, the following capitalised terms shall have the following meanings, except where the context otherwise requires: Account means an account created by a User on the Mobile Application or Website as part of Registration. Merchant refers to Domicile365, and our affiliates. Register means to create an Account on the Mobile Application and Registration means the act of creating such an Account. Services means all the services provided by Merchant via the Mobile Application and/or Website to Users, and Service means any one of them, Users means users of the Mobile Application and/or Website, including you and User means any one of them.
3. GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES 3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application are subject to these Terms and Conditions of Use. These terms and conditions are in addition to any which you agreed to in connection with downloading this Mobile Application from an app store. 3.2 Location: The Mobile Application and the Services are intended solely for use by Users who Register and thereafter access the Mobile Application. We collect several types of information from and about users of our Website and applications (“Personal Data”): by which you may be personally identified, such as name, e-mail address, that is about you such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website, use of the Domicile 365 Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website about your internet connection, the equipment you use to access our Website and usage details. Any location data collected, including without limitation Country, State, City, Latitude, Longitude, and timestamp, is solely for the purposes of your use of the applications and website and is not used for any other purposes. By using the mobile application and/or Website, you consent to our collection of your location information. We make no representation that the Services (or any goods or services) are available or otherwise suitable for use in any particular jurisdiction. Notwithstanding the above, if you access the Mobile Application or use the Services, you do so on your own initiative, consent to our collection and storage of your location information and are responsible for the consequences and for compliance with all applicable laws. 3.3 Scope: The Mobile Application and the Services are for your non-commercial, personal use only and must not be used for business purposes (unless you have an enterprise subscription). 3.4 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them). 3.5 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (Mobile Provider) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application, while it is running in the background or any such third party charges as may arise. You accept responsibility for any such charges that arise. 3.6 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application. 3.7 License to Use Material: By submitting any text or images (including photographs) (Material) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
4. REGISTRATION 4.1 Need for registration: You must Register to make use Services from the Mobile Application. 4.2 Application of these Terms and Conditions of Use: By Registering, you acknowledge that your Registration is subject to these Terms and Conditions of Use. 4.3 Subscription: Registration provides a 60 day free trial period; a monthly subscription is required thereafter. Pricing information is available at pricing. Payment for a subscription will be charged to iTunes, Google Play or other account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. 4.4 Restrictions: Reproduction, sale, resale or trading of any products or services is prohibited. 4.5 Merchant Not Liable: For the avoidance of doubt, we shall not be liable for any losses or damages suffered by you resulting from a failure by us to deliver any products or services to you due to the unavailability of such products or services.
5. LOCATION ALERTS AND NOTIFICATIONS 5.1 You agree to receive notifications (Location Alerts) on the Mobile Application from Merchant if you have turned on locational services on your mobile telephone or other handheld devices (as the case may be).
6. YOUR OBLIGATIONS 6.1 Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. 6.2 Content on the Mobile Application and Service: It is your responsibility to ensure that any products, or information available through the Mobile Application or the Services meet your specific requirements before subscribing or continuing any subscription. 6.3 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:- 6.4.1 to send or receive any material which is not civil or tasteful 6.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights; 6.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; 6.4.4 to send or receive any material which is technically harmful (including computer viruses, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); 6.4.5 to cause annoyance, inconvenience or needless anxiety; 6.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; 6.4.7 for a purpose other than which we have designed them or intended them to be used; 6.4.8 for any fraudulent purpose; 6.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; 6.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or 6.4.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure. 6.5 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:- 6.5.1 resell any services under the Mobile Application; 6.5.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers; 6.5.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan); 6.5.4 execute any form of network monitoring which will intercept data not intended for you; 6.5.5 enter into fraudulent interactions or transactions with us (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); 6.5.6 extract data from or hack into the Mobile Application; 6.5.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use; 6.5.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or 6.5.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
7. RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION 7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at email@example.com. 7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time. 7.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology. 7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time. 7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. SUSPENSION AND TERMINATION 8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application. 8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. 8.3 Domicile365.com shall fully co-operate with any law enforcement authorities or court order requesting or directing Domicile365 to disclose the identity or locate anyone in breach of these Terms and Conditions of Use. 8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if: 8.4.1 you commit any breach of these Terms and Conditions of Use; 8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or 8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. 8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. DISCLAIMER AND EXCLUSION OF LIABILITY 9.1 The Mobile Application, the Services, the information on the Mobile Application and Website and use of all related facilities are provided on an as is, as available basis without any warranties whether express or implied. 9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application, the Website and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade. 9.3 We do not warrant that the Mobile Application or Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. 9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application and Website, we make no warranties or representations as to its accuracy, timeliness or completeness. 9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. 9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, taxes, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. 9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. 9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
10. INDEMNITY You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your email, password and/or any identifier number allocated by Domicile365.com, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. INTELLECTUAL PROPERTY RIGHTS 11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. 11.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited. 11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
12. AMENDMENTS 12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application. 12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted or linked to on the Mobile Application and www.domicile365.com and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. APPLICABLE LAW AND JURISDICTION 13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the State of Florida, United States of America, without giving effect to the conflicts of laws principles thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida, will apply to all matters relating to the use of the Mobile Application or website. 13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the State of Florida, United States in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use. 13.3 YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST DOMICILE365.COM, ITS AFFILIATES (including Manchester Fin. Grp., LLC), EMPLOYEES, OFFICERS, MANAGERS AND AGENTS AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST DOMICILE365.COM OR ITS AFFILIATES OR ANY OTHER PERSON, YOU AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION. 13.4 If a dispute arises from or relates to the Services, the App, Website, these terms and conditions or otherwise, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the App, Website, Services or otherwise between the parties, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be St. Johns County, Florida. The arbitration shall be governed by the laws of the State of Florida. There shall be no discovery other than the exchange of documents. There shall be no depositions. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production. All discovery shall be completed within 45 days following the appointment of the arbitrator. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the applicable agreements, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (Appellate Rules); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
14. OVERALL LIMITATION OF LIABILITY; LIABILITY CAP. Notwithstanding anything contained herein, to the maximum extent permitted by applicable law, the maximum aggregate liability of Domicile365 (including Manchester Fin. Grp., LLC, and their related parties, affiliates, officers, managers, directors, employees and agents) arising out of or in connection with this Mobile Application, the Website and any Services provided hereunder or in connection herewith shall not exceed the lesser of (i) the aggregate amount paid for all services in the twelve (12) month period immediately preceding the date of the events or circumstances giving rise to such liability, and (ii) one thousand U.S. dollars (U.S. $1,000).
15. ENTERPRISE SUBSCRIPTIONS. If you are participating in an enterprise subscription obtained by your employer or service recipient, you consent to the sharing of your location data (including Country, State, City and Province location records) with your employer or service receipient and its affiliates and release and hold harmless Domicile365.com, Manchester Fin. Grp., LLC and their affiliates, employees, managers and agents from any use or access of that data by such employer or service recipient. If you are an employer or service recipient purchasing and using an enterprise subscription, you covenant and agree to only use location data for legitimate business purposes associated with managing tax, nexus, permanent establishment, legal and regulatory compliance and issues and to comply with all applicable federal, state, local and/or foreign privacy and other applicable laws. You covenant and agree that you have any and all applicable approvals and consents from employees and service providers to access this data and agree to defend, hold harmless and indemnify Domicile365, including Manchester Fin. Grp., LLC, and their related parties, affiliates, officers, managers, directors, employees and agents from any claims brought by employees or service providers relating to this App, website, and any location data shared or provided thereunder.