4. Primary and Passenger Membership

The Primary member is the person who established the DOMA membership. For an Individual Membership this would be the person considered the head of the household and for lodges under a charter this would be the officer of the lodge responsible for maintaining membership or any designated person assigned who is the person responsible for communicating all account related matters within the lodge and is on file with the charter. Passenger members are other persons residing in the household or in the Lodge who are on the Primary membership account but not necessarily is the primary rider of the motorcycle. We require a Primary Member be designated before any member of your household or lodge is eligible for a passenger Membership (lodges must enroll all persons passenger and operators to receive advanced benefits as outlined in the charter/lodge agreement). In the event the Primary Membership is cancelled for any reason, the passenger Member, if any, will become the Primary (Lodges are handled differently please see your charter membership documentation). Memberships are for individual use only and are non-transferable (different rules apply for primary succession regarding charter/lodge primary memberships). Passenger Members may be added to the Membership if they reside in the same household as the TIER 2 member or are passenger listed or have been added with the membership of a lodge. Individual membership purchase as a passenger member is allowed even if the individual does not ride a motorcycle but wish to receive the benefits associated with membership. (i.e. travel, gear and clothing or training etc.)
The Primary and/or Passenger Member must be at least driving age in the state where they reside and have a valid government issued ID. Primary Members are responsible for the conduct and service demands of their passenger members if on the same account. Primary and passenger Members enjoy the same Membership benefits. Members in a lodge may not make changes to the Membership without having authority assigned by the lodge and on file with DOMA. Individual memberships which are not primary but live in the same household who are passenger members may make changes to the existing account except for cancellation, this will not be executed except for and by the primary account member. NO EXCEPTIONS.

A. Primary Membership. Primary Membership Motorcycle Service: To be eligible for Motorcycle Service, you and all Members in your household or Lodge (both Primary and any Passenger) must be TIER 2 Members in good standing and pay annual Motorcycle Service dues in addition to the TIER 2 Membership dues. Motorcycle Service is not available to TIER 1 Members; however, TIER 1 Members who are otherwise eligible and elect to upgrade to a TIER 2 Membership can enroll in the Motorcycle Service, subject to the fourteen-day waiting period for Roadside Assistance (as hereinafter defined); provided, however during such waiting period you will be entitled to Access all other services and discounts. Roadside Assistance calls provided as part of the Motorcycle Service are included within the allowed allotment of Roadside Assistance calls per Member such that if you enroll in the Motorcycle Service at any time other than renewal, you are only entitled to the remaining Roadside Assistance calls in your annual allotment. Adding the Motorcycle Service allows you to use those remaining calls whether you are riding the MOTORCYCLE or a passenger on a motorcycle. The Motorcycle Service offers Roadside Assistance services to Members either driving or riding on the following eligible MOTORCYCLES: (i) MOTORCYCLES (two and three wheeled, including with sidecars); (ii) Mopeds; (iii) Scooters; provided, however that all such MOTORCYCLES are registered and street legal. The Motorcycle Service does not cover recreational MOTORCYCLES, motorcycle trailers or any other MOTORCYCLE not specifically listed as eligible. Services available under the Motorcycle Service include the following: (i) Towing (available only if your motorcycle cannot be started, is damaged because of an accident or when in DOMA judgment the motorcycle cannot be placed in a safe driving condition) (ii) Fuel delivery (iii) Tire inflation (iv) Battery jumpstarts provided that the battery is easily accessible, and services can be delivered safely. Gift Memberships for the Motorcycle Service are available for purchase so long as the recipient and all Members of the recipient’s Membership are already TIER 2 members. Please note that the Motorcycle Service dues will be allocated and charged to the Primary Member. Either DOMA or you the primary member may cancel your Motorcycle Service Membership at any time. If your Motorcycle Service Membership is cancelled for any reason, the Primary Member on your Membership will receive a pro rata refund based on the Primary Member’s Membership expiration date (unless you are a lodge and membership is nonrefundable but can be transferable to individual membership at lodge members request on a case by case basis, this does not apply to tier 1 members the membership fee is non- refundable as is for tier 2 members minimum rate is 49.99 deducted from a pro rata refund on the subscription plus 49.99 charged for cancellation if cancelation is within the first 120 days of membership.) however, you and all other Members on your Membership may not re-enroll in the Motorcycle Service and motorcycle roadside assistance for a period of at least twelve months from the effective date of the Motorcycle Service cancellation. Cancellation for any reason will be effective upon, and Motorcycle Service benefits will be available through, the date of cancellation. 2. Roadside Assistance Roadside Assistance service (“Roadside Assistance”, “Road Service”, or “Service”) is available 24 hours a day/7 day a week and is designed to assist you when the MOTORCYCLE you are either driving in or riding in becomes disabled. You may also request Road Service through the DOMA app that is available for mobile devices or online at www.domallcstg.wpengine.com. As part of Roadside Assistance, DOMA or its independent contractors may attempt minor mechanical adjustments on your MOTORCYCLE and we do not represent or warrant that such adjustments will resolve any mechanical issues. When your MOTORCYCLE cannot be made operable, we will assist you in finding the nearest open place of repair. Additionally, should you need lodging or alternative transportation, DOMA will assist you in obtaining such lodging or alternative transportation, at your expense. Charges for services that are in addition to the Services included with your Membership will not exceed the prevailing hourly or mileage rates for the region where the Service is provided as determined by DOMA. Depending on your Membership type, certain expenses may be reimbursed. Service is available only to the person named on the Membership card who is the driver of or a passenger on the MOTORCYCLE at the time of the MOTORCYCLE disablement. Road Service is not available to non-Members driving a member’s motorcycle, even if that person resides in the same household or is a member of the same lodge or charter. Services do not include parts, labour, materials, or storage, which are at your expense. We cannot guarantee that all service stations stock parts or are equipped to service or repair every make and model of a domestic or foreign MOTORCYCLE, nor can we guarantee the availability of any repair service after regular business hours or on weekends. In addition, you are responsible for any tolls, charges for ferry transport or by third party providers in connection with DOMA’s provision of Services. See Schedule A to understand the different roadside assistance benefits by Membership and MOTORCYCLE type.

B. As part of Roadside Assistance, DOMA provides the following Services:

• • A. Battery Service: DOMA provides mobile battery testing and replacement services. DOMA will test the battery and the MOTORCYCLE charging system at no cost to the Member unless contrary to the MOTORCYCLES manufacturers recommendations. A battery boost may be provided in an attempt to start your MOTORCYCLE. If the battery needs to be replaced, DOMA will replace the battery at your request and expense.
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  • B. Flat Tire Service: Flat tire service is included as part of your Membership provided you have a spare tire in your possession that is inflated and meets the MOTORCYCLE manufacturer’s recommendations for the spare tire. DOMA will use commercially reasonable efforts to reach the MOTORCYCLE and replace the flat tire with your spare on sight at the discretion of the contractor. Tire service/replacement is a temporary fix, not a permanent repair and does not include plugging a tire or repairing it at the roadside every member is responsible to take the motorcycle within 24 to 48 hours to a repair shop of the members choosing to have the tire inspected and guaranteed. DOMA recommends that you immediately bring the MOTORCYCLE to a qualified repair facility for a permanent repair and assessment of the tire. If the spare is also flat, in poor condition or not available, normal Towing Services will apply and repairs are at your expense. If due to MOTORCYCLE design, a special wrench or tool is required, you must furnish it in order for Services to be performed. Tire Service is not available to MOTORCYCLES with which one tire is in poor condition and it is the opposite tire in question for repair or replacement; towing services will be recommended.
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  • C. Out of Fuel: If your MOTORCYCLE runs out of fuel, we will deliver a sufficient amount of fuel to reach the nearest open service station, and you will be charged for the fuel at current pump prices as determined by DOMA from time to time. Specific brands or octane ratings cannot be promised. If you are a TIER 2 Member, additional Member benefits may apply.
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  • D. Locked Out; If you are locked out of your MOTORCYCLE, we will attempt to gain access to the MOTORCYCLE by the use of special lock opening tools. If we are unable to gain entry to the MOTORCYCLE at the roadside, we will offer to tow the MOTORCYCLE to a locksmith or other destination, subject to the Terms. If the MOTORCYCLE key is lost, broken or we cannot gain access, we may arrange for an independent contractor or reimburse you for commercial locksmith service up to $50. If you are a TIER 2 Member, additional Member benefits may apply.
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  • E. Towing and Related Services: If your MOTORCYCLE cannot be started, is damaged because of an accident or when in our judgment the MOTORCYCLE cannot be placed in a safe driving condition, it will be towed at no charge to either the responding independent contractor automobile service facility, or to any location within three miles of the location of the MOTORCYCLE. In the case of an accident, you must request the police to call us to dispatch tow service if legally permitted to do so. If you desire to have the MOTORCYCLE towed to a destination other than as stated above, you may be charged for Towing Services after the first three miles depending on your Membership type. TIER 1 Members may receive up to 100 miles of tow service per Road Service call for the first tow and then 3 miles for each service totaling 3 services a year, and TIER 2 Members receive towing of up to 200 miles at no charge for one Road Service call, per membership per membership year in addition to towing for the remaining Road Service calls up to 100 miles each. TIER 1 and T IER 2 towing benefits start from the point of disablement of the MOTORCYCLE to the destination of your choice. Additional miles over these mileage allowances will be charged at current rates, plus any applicable taxes; provided, however, such rates shall not exceed prevailing commercial rates. Additional fees may apply; provided, however, the Member shall not be charged hook-up fees, if any, for tows that are included within the Services at no charge. Rates are subject to change in DOMA’s sole discretion. Rates may differ from region to region (as hereinafter defined), and you may be asked to pay whatever rate is in effect in a regional territory outside your home region territory. Tow rates in certain states may be subject to tax, which is your responsibility. In instances when the MOTORCYCLE becomes disabled while towing a motorcycle trailer, Service will also be provided for the trailer however, you may be required to pay for trailer towing. At the scene of an accident, any additional equipment or manpower required to provide Services will be at your expense. You may also be required to pay storage charges if you elect to leave your MOTORCYCLE at a service facility overnight. Towing Services will only be provided for a covered MOTORCYCLE disablement and will not be provided for purposes of transporting MOTORCYCLES due to purchase, sale, auction, car show exhibition, charitable donation, relocation or other similar situations.
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  • F. Extricating or Winching Service: If while a MOTORCYCLE is traveling, it becomes stuck in a ditch, mud, or snow, we will attempt to free it if, in our sole opinion, it can be safely reached from a normally travelled road or established thoroughfare. If special equipment, more than one service person or more than one service vehicle is needed, additional charges may apply. Extrication or winching Services are not available for parked, snowbound, or un-shovelled MOTORCYCLES, and do not include shovelling or clearing of snow, mud, dirt or sand.
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  • G. Delays: Delays, which may be excessive at times, may occur when a substantially greater than normal number of Members call for Service at the same time. This situation is usually caused by adverse weather, unusual traffic, or other conditions over which DOMA has no control. During these peak periods of demands for Roadside Assistance, DOMA may prioritize certain service requests. Towing Services to your choice of destination or long distance tows may be delayed. In certain circumstances, all Services may be suspended temporarily.
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• C. Services Outside of DOMA members Territory: You are entitled to Services throughout the United States. Outside the DOMA territory, Services will be provided by the local DOMA Charter servicing that area. Membership terms, rates, products, and services may vary from Region to Region.
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• D. DOMA Territory: DOMA serves members all across the United States see appendix B for a listing of which regional location you are serviced through.
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• E. Additional Terms: The following additional terms apply to Roadside Assistance: (i) A Member in good standing must be with the disabled MOTORCYCLE at all times. (ii) A valid Membership card and government issued identification must be shown to DOMA. If a valid Membership card and government issued identification are not available at the time Roadside Assistance is requested, we may decline to provide you Roadside Assistance. If we do provide you with Roadside Assistance absent a valid Membership card and government issued identification, you may be required to pay at the time Roadside Assistance is rendered. You may submit the invoice to DOMA for reimbursement consideration. If we agree to reimburse you, such reimbursement may be based on rates in effect between DOMA and its independent contractors from time to time and not the invoice submitted by you. (iii) There must be always a licensed driver with the MOTORCYCLE. (iv) After the Roadside Assistance call has been completed, you may be required to sign a service slip acknowledging that Services were rendered by DOMA. (v) If your MOTORCYCLE starts before Service arrives, contact us to cancel the Roadside Assistance you requested. If you fail to contact us, the Roadside Assistance will be counted towards your member benefits. (vi) Some MOTORCYCLES may need ferry transport to reach their intended destination. In such case, there may be a delay in getting your MOTORCYCLE and the service vehicle on the ferry and there may be charges for such ferry transport. We will provide you with a good faith estimate of such additional charges, for which you are responsible. (vii) We make no representations or warranties that we will provide Roadside Assistance within a specified time. (viii) ELIGIBLE MOTORCYCLES: MOTORCYCLES are eligible for Roadside Assistance. Rented MOTORCYCLES are not eligible for tow service unless it is through one of our touring packages. No commercial MOTORCYCLES are eligible for Service those MOTORCYCLE belonging to a “fleet” service. Recreational MOTORCYCLES may be eligible for Road Service provided you are a TIER 2 Member in good standing and the motorcycle was provided through one of our tour packages. (ix) MOTORCYCLES NOT ELIGIBLE: Unattended, abandoned, illegally parked, MOTORCYCLES going to a junk or salvage yard, MOTORCYCLES that have been purchased in a non-running condition, being donated to a charitable organization, equipped with unattached trailers, cargo or utility, or any trailer not described as being eligible, and MOTORCYCLES that cannot be driven safely. (x) If a MOTORCYCLE is in an inaccessible location, such as an unplowed street or driveway, a beach, field, or wooded area that cannot be reached by a service vehicle, in our sole opinion (“Inaccessible Location”), Roadside Assistance may not be rendered. In instances where we determine that the MOTORCYCLE is in an Inaccessible Location and agree to provide Roadside Assistance, it will be rendered at your expense. (xi) Roadside Assistance and Towing Service will not be rendered to MOTORCYCLES ordered towed by the police for alleged violation of the law. (xii) In some cases, we utilize independent contractors to provide Roadside Assistance and cannot control the manner in which those independent contractors provide Roadside Assistance. Accordingly, we are not liable for any claims, damages, causes of actions, suits, or demands (“Damages”) arising out of any act or omission of our independent contractors. All Damages are the responsibility of the independent contractor. In the event of a dispute between you and an independent contractor, we may assist by mediating the dispute, but are not responsible for the actions of independent contractors. (xiii) On certain roads, state or municipal regulations only permit Roadside Assistance to be delivered by franchised stations, which are not affiliated with DOMA (“Franchised Stations”). We cannot control the way such Franchised Stations provide Roadside Assistance and make no representations or warranties concerning the Roadside Assistance provided by the Franchised Stations and we are not liable for any Damages arising out of any act or omission of the Franchised Stations. DOMA will reimburse you for charges paid for Roadside Assistance provided by the Franchised Stations based on the Service you are entitled to receive, provided that the official receipt is submitted to us for reimbursement. If towing services are provided, you will receive a refund for a tow to the Franchised Station providing the service or to the nearest exit. (xiv) Without limiting any rights or remedies, we may seek reimbursement from you where Roadside Assistance was fraudulently or wrongfully obtained. (xv) Roadside Assistance may not be used as a substitute for regular maintenance necessary to keep your MOTORCYCLE in good operating condition. (xvi) Your individual Membership may not be used by a business or other organization. (except for chartered lodges) to provide Roadside Assistance for its customers, employees, members  MOTORCYCLES (unless member is of a registered DOMA lodge organization). (xvii) Roadside Assistance will only be provided when it is safe to do so and where it is legally permitted. (xviii) You are permitted up to four Road Service calls in a Membership year. We may determine that Road Service usage is excessive. In making such determinations, we consider the cost associated with Road Service calls, call frequency over multiple Membership periods, and other factors. We reserve the right to impose surcharges and/or Road Service limitations, downgrades of a Membership type or cancellation of your Membership, without prior notification. If you require more than four Road Service calls in any single Membership year, you may be required to pay a fee for Service and/or tows back to the closest responding facility; tows to other destinations will be at prevailing rates for towing Road Service. (xix) DOMA and its independent contractors will accept valid credit and debit cards and personal checks from you for up to $250 for Services provided by us or our independent contractors. However, DOMA and its independent contractors will not accept checks in any amount drawn on a foreign bank. In the event an independent contractor is unable to accept your valid credit and/or debit card, we will provide support to such independent contractor to allow for such usage. (xx) A detailed description of covered MOTORCYCLES and services is shown on Schedule A.
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• F. Discounts: Discounts (if applicable) are valid through participating locations by Region. Certain restrictions may apply. Participating locations and savings vouchers may be added or deleted, and the level of discounts are subject to change at any time without notice. When making reservations, please have your membership card available and show all vouchers to participating vendors.
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• G. Products and Services We partner with third-party service providers (“Service Providers”) who provide products and services to you. These products and services, include without limitation, travel, safety products, financial and insurance products as well as other services. In this case, we act as an intermediary between you and the Service Providers. Products or services that you purchase using your Membership are provided directly by the Service Provider. We are not responsible for the actions or inactions of the Service Providers, their breach of contract, their failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such Service Provider or Service Provider’s subcontractors, which may result in any loss, damage, delay, inconvenience, or injury to you. In no event shall we be liable for any damages in connection with a product or service obtained by you from a Service Provider.
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• H. Other Provisions:
  • A. Membership Information We expect you to submit and maintain accurate and current information in connection with your Membership. Such information includes name, address, email address, mobile and landline telephone number, date of birth, and make, model and year of MOTORCYCLE. You consent to DOMA calling or texting you on the telephone number you have provided using an autodialed and/or pre-recorded or artificial voice message to provide you with transactional information regarding your Membership. You are not required to agree to receive pre-recorded or artificial voice messages and, if applicable, calls to your wireless phone, as a condition of your Membership. Periodically, we will utilize the National Change of Address (NCOA) system as well as other available databases and information to update your information. You can change your account information by accessing www.domallcstg.wpengine.com and updating your profile, by calling (978) 582-1298, in person at a DOMA Regional Charter, or by mail addressed to Defiant Ones Motorcycle Association, LLC, 162 Highland Street, Lunenburg, MA, 01462. We cannot assume any liability for correspondence, mail or email that is lost, delayed, or misdirected. To obtain Membership benefits, the name on your Membership Card must match the name on your valid government issued identification. We may send you a temporary Membership card as part of a promotion at no cost to you (“Temporary Promotional Membership Card”). Any Temporary Promotional Membership Card provides limited Membership benefits and does not include Roadside Assistance or motorcycle service. Notwithstanding, we may offer existing Members a temporary TIER 1 or TIER 2 promotional Membership at no cost (“Promotional Membership”). The Promotional Membership must be activated by you. Once activated by you, the Promotional Membership includes Roadside Assistance and any additional TIER 1 or TIER 2 Member benefits, as applicable. Membership products and services may vary depending upon your geographic location. Membership dues and fees may change without notice.
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  • B. Term: Your annual Membership term will commence upon joining and will expire on either (i) the 1st day of the month or (ii) the 15th day of the month after your one-year anniversary date, as determined by DOMA (“Expiration Date”).
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  • C. Fees/Payment Plans: Prior to the Expiration Date of your Membership, you will receive a renewal notice for dues and a new Membership card for the subsequent 12-month period. A charge may be assessed for lost or stolen Membership cards and returned checks. Tier 1 Members are not eligible for the monthly payment plan (“MPP”)
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    • a. (i) Annual Payment Plan: Renewal Membership payment is due in full before your current Membership Expiration Date for TIER 1 Members. ALL Membership dues paid during the 60-day period after the Expiration Date renews your Membership for twelve months from the original Membership Expiration Date. Payment received more than 60 days following the Expiration Date causes a new Membership to be established with a new Expiration Date and may result in charges such as non-refundable enrolment and same-day service fees as well as loss of discounts benefits accrued by length of membership or riding mileage. A grace period of 15 days follows the Expiration Date in which all Member benefits, including Roadside Assistance, are available. (ii) Monthly Payment Plan: Renewal Membership annual payment is due in full before your current Membership Expiration Date for TIER 2 Members. Members who have a valid email address and agree to automatically renew their Membership are eligible to pay their annual Membership dues pursuant a monthly payment plan (“MPP”). Members paying pursuant to a MPP (“Monthly Members”) are responsible for paying $12.99 per month on the annual Membership dues inclusive of an annual $49.99 fee. Membership dues for Monthly Members that are not paid by the Expiration Date monthly will result in cancellation of the Membership and will follow an additional charge of 49.99 for early cancellation only if cancellation or a lapse in payment is less than 120 days of membership.
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    • b. Requirements for participation in the MPP include the following: (a.) All Members in a household must be on the same payment plan and must have the same Expiration Date for their Memberships (Lodge membership does not apply here and members can be added throughout the year under the lodge plan only by the individual on file as the Lodge account holder who would be the person who signed up the lodge unless transferred to another person by the lodge). (b.) A MPP will not be eligible for a refund upon termination/cancellation under 120 days, excepting the first 30 days alotment for upgrading or cancelling a membership; the member will be additionally billed $49.99 for early cancellation if the cancellation is under 120 days of membership but over 30 day refund policy this is not the annual fee mentioned earlier of 49,99 which will not be refunded pro rata(c.) A Monthly Member may incur a same day service fee, if applicable. (d.) MPP Membership duration will count towards a member’s tenure. (e.) A Monthly Member may enroll or upgrade Membership, subject to all the terms and conditions of those Memberships. (f.) There are no gift Memberships available on the MPP. (g.) Payment for a Membership on the MPP must be made by credit or debit card.
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    • c. Automatic Renewal: By selecting the automatic renewal option, you authorize DOMA to renew your annual Membership at your current Membership type (TIER 1, TIER 2 and Lodge) and on your current payment plan (annually or monthly) at prevailing rates up to 30-days in advance of your Membership Expiration Date by charging the credit/debit card you have provided to us. Your Membership Expiration Date may be extended upon your request subject to our prior written approval, which may be granted in our sole discretion. If we agree to extend your Membership Expiration Date, you may be charged prorated Membership dues for the term of your Membership extension. Membership is valid up to and including your Membership Expiration Date. Membership overpayments up to ten ($10.00) dollars will be credited to your next Membership renewal.
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• I. Cancellation/Termination: (i) You have the right to cancel your Membership at any time. Membership cancellation is subject to payment of a cancellation fee of $10.00 for TIER 1 members and the annual fee for tier 2 members (49.99), unless otherwise noted as part of a promotion or member organizations through a charter; provided, however cancellation fees shall not apply to Memberships subject to automatic renewal. Except for Monthly Members, if you cancel your Membership, you will receive a pro rata refund of your Membership dues minus 10.00 cancellation fee plus 49.99 if your cancellation is under 120 days of membership. (Lodges under a charter see your charter membership documentation). Refunds will be issued using the original form of payment, when possible. If your Membership is cancelled for any reason and you wish to re-join, you may not retain your tenure as a DOMA Member. (ii) We may terminate or downgrade your Membership, including any passenger Memberships, without notice, for any reason, in which case we will provide you with a pro rata refund of your Membership fee less any other amounts owed to us. (iii) We may terminate any or all, or portions thereof, of the benefits and services available under Membership at any time with or without notice. (iv) Upon Membership termination, all Membership benefits shall cease. (v) Monthly Members that are cancelled and want to renew after their Expiration Date, can only renew under an annual payment plan, which requires payment in full and may be subject to a non-refundable enrolment and same-day services fees.
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• J. Member Privacy Policy and social media: Any information we capture is subject to the DOMA Privacy Policy as amended from time to time. You may view the current version of the DOMA Privacy Policy online at www.domallcstg.wpengine.com . We maintain certain social media sites. Should you post any content to our social media sites, you consent to our use and/or re-post of such content in any media, including marketing materials, at our sole discretion. We also reserve the right to remove any posts to our Social Media sites, in our sole discretion.
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• K. Publication: DOMA produces and mails a bi-annual magazine publication and monthly e-newsletter (no fee) on issues relevant to our members. The magazine subscription rate is $12.00 annually, which is included in the membership dues.
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• L. DISCLAIMERS LIMITATION OF LIABILITY: THE MEMBERSHIP BENEFITS AND SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS. DOMA AND ALL OF ITS RESPECTIVE AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS AND AGENTS (COLLECTIVELY “THIRD PARTY PROVIDERS”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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• M. DISPUTE RESOLUTION AND CLASS ACTION WAIVER: MANY DISPUTES CAN BE RESOLVED SIMPLY BY WRITING TO US. WE WILL WORK TO RESOLVE ANY DISPUTE WITH YOU ARISING OUT OF OR RELATING TO YOUR MEMBERSHIP AS EXPEDITIOUSLY AS POSSIBLE.YOU AGREE TO CONTACT US IN WRITING DESCRIBING YOUR DISPUTE, AND WE WILL RESPOND TO YOU WITHIN 30 DAYS. PLEASE INCLUDE WITH YOUR CORRESPONDENCE ANY INFORMATION THAT YOU WOULD LIKE US TO CONSIDER. IF WE CANNOT RESOLVE THE DISPUTE WITHIN 30 DAYS, YOU AGREE TO SUBMIT ANY AND ALL DISPUTES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR BREACH OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, CONSUMER PROTECTION CLAIMS, STATUTORY VIOLATIONS OF ANY KIND, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND/OR FRAUD (“CLAIMS”), TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE). IN SO AGREEING, YOU WAIVE ANY RIGHTS TO TRIAL BY JURY WITH RESPECT TO SUCH DISPUTES. THE ARBITRATION SHALL BE CONDUCTED IN THE STATE IN WHICH YOU RESIDE, AND THE LAWS OF THE STATE OF MASSACHUSETTS SHALL APPLY. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. NOTWITHSTANDING THE ABOVE, AS SET FORTH ABOVE, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT.
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• N. CHANGES TO TERMS: WE MAY CHANGE THE TERMS AT ANY TIME WITHOUT NOTICE OR LIABILITY BY POSTING REVISED TERMS ON THE DOMA WEBSITE LOCATED AT WWW.DEFIANTONESLLC.COM . ANY CHANGE SHALL TAKE EFFECT IMMEDIATELY, UNLESS OTHERWISE PROVIDED.
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• O. DOMA IS A REGISTERED TRADEMARK