The following terms of use (“Terms of Use”) shall apply to orders, sales, returns, compensation of damages and indemnity with respect to the use of services provided by the Doosan Mobility Innovation Online Store (the “DMI Store”), which is operated by Doosan Mobility Innovation Co., Ltd. (the “Company”).

Article 1 (Purpose)

The purpose of the Terms of Use is to set forth the rights, obligations, and responsibilities of the Users of the DMI Store in relation to the use of online services provided by the Company through the DMI Store (the “Services”).

Article 2 (Definition)

  1. “DMI Store” refers to a virtual business operation established and operated by the Company to enable trading of certain goods and related services (collectively, the “Goods”) by using information communications devices including computers, and, as the context requires, it also refers to the business entity operating the cybermall.
  2. “User(s)” refers to both Members and Non-members who access the DMI Store to use the Services in accordance with these Terms of Use.
  3. “Member(s)” refers to any person who has registered as a member of the DMI Store by providing his or her personal information and is entitled to continuously receive information from the Company and use the Services.
  4. “Non-member(s)” refers to any person who uses the Services without registering as a member of the DMI Store.
  5. “Member Service(s)” refers to Services provided by the Company for the Members as set forth in Article 7 hereof.

Article 3 (Disclosure, Explanation and Revision of Terms of Use)

  1. The Company shall, using a format that is easily understandable for the User, post on the home page of the DMI Store website the Terms of Use, its company name, the name of its representative, its office address (including the address of the customer complaint handling unit), phone number, e-mail address, business registration number, online sales registration number, and the name of personal information manager; provide that the Terms of Use shall be accessible to the User through a hyperlink.
  2. The Company shall make available to Users, in a format that is easily understandable for the User, important provisions within the Terms of Use (such as order cancellation, delivery obligations and refund policy) so that the Users can clearly understand such provisions prior to agreeing to the Terms of Use.
  3. The Company may revise the Terms of Use to the extent that permitted by law.
  4. In case of any revision to the Terms of Use, the Company shall publicly disclose on the DMI Store homepage the effective date of such revision and the reasons therefor, together with the then-current Terms of Use, at least seven (7) days prior to the effective date of such revision until the day immediately preceding such effective date. If the revision entails any change adverse to the Users, prior notice will be given at least a thirty (30) day prior to the effective date, and the Company shall provide a clear comparison between the existing and proposed Terms of Use so that the Users can easily understand what is being revised.
  5. Any revision to the Terms of Use shall apply only to any contracts signed after the effective date of such revision. The prior Terms of Use shall apply to contracts previously entered into. However, if the User notifies the Company of his or her intent to have the revised Terms of Use apply to a prior contract, and such notice is received by and consented by the Company within the time period set out in the immediately preceding paragraph, the revised Terms of Use shall apply to such prior contract.
  6. Any matters not specified hereunder and the interpretation hereof shall be governed by the Act on the Consumer Protection, Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the Act on Door-to-door Sales, Etc., the Act on Consumer Protection in the Electronic Commerce, etc., the Guidelines for Consumer Protection in Electronic Commerce, etc. prescribed by the Korea Fair Trade Commission, and other applicable laws and commercial customs.
  7. The method of notice and its effectiveness as prescribed in this Article shall apply with same effect whether such notice is being sent to specific individuals or to all members at large as set forth in other provisions of the Terms of Use.

Article 4 (Provision and Change of Services)

  1. The Company shall perform the following duties:
    1. Provide information on the Goods being offered at the DMI Store and entering into purchase agreements with Users;
    2. Delivery of the Goods being offered at the DMI Store for which purchase agreements are entered into; and
    3. Other duties as determined by the Company.
  2. If the Goods become unavailable or there is a change in technical specifications, the Company may reflect such change in future contracts with the Users. In such event, the Company shall immediately disclose publicly the change in the Goods being offered and the effective date of such change, and such public disclosure will be made in the same place where information relating to the Goods currently being offered is posted.
  3. If the Company has already entered into a contract with a User and the nature of Goods to be provided under the contract changes due to unavailability of the Goods or change in technical specifications or for other reasons, the Company shall immediately notify such change and the reason therefor to the User at an address where the User can be notified.
  4. In case of an event specified in the preceding paragraph, the Company shall compensate the User for any damage suffered by the Users as a result thereof, unless the Company proves the absence of willfulness or negligence on its part.

Article 5 (Discontinuation of Services)

  1. The Company may temporarily discontinue the Services in the event of maintenance, repair, replacement, and failure of information communication facilities and disconnection of communication service.
  2. The Company shall compensate the User or a third party for any damage suffered by the User or such third party as a result of an event specified in the precedent paragraph, unless the Company proves the absence of willfulness or negligence on its part.
  3. The Company shall notify Users of discontinuation of service in accordance with Article 9 hereof and, if discontinuation is due to the change in the Company’s business scope, abandonment of the business or a merger, compensate the Users based on the terms initially set by the Company.

Article 6 (Application for Use of Service)

  1. Any person who wishes to become a Member and use the Services provided by the Company shall fill in the information required in the membership application form provided by the Company. The membership application form contains requests for both required and optional information, and the applicant must fill in all required information. The scope of required information may differ for individual Users and corporate Users.
  2. Required information for individual Users: name, e-mail (to be used as ID), and password.
  3. Required information for corporate Users: company name, name of contact person, business registration number, company telephone number, e-mail (used as ID), and password.
  4. A business entity shall apply for membership as a corporate Member, and any business entity that wishes to become a corporate Member shall provide evidentiary documents, such as a copy of the certificate of business registration and (if the entity is a sole proprietorship) a copy of the representative’s identification card, and additional information as requested by the Company.
  5. As part of the application process, the Company may request additional information (for example, address) other than the required information referred to under Article 2 or 3 hereof. Such additional information may not be used for a purpose other than to provide beneficial information to the Member.
  6. The Company shall register a User who applies for membership as a Member pursuant to Article 1 hereof so long as the User does not fall under any of the following subparagraphs:
    1. The applicant was ineligible as a Member pursuant to Article 8 (3) of the Terms of Use, unless the Company has subsequently reinstated membership for such applicant pursuant to Article 8 (3);
    2. The application form filled by the User contains any false statement, omission, or errors; or
    3. The registration of the User as a Member may cause substantial technical harm to the Company.
  7. The membership agreement shall take effect on the date that the Company notifies membership approval to the applicant.
  8. In case of any change in the member information provided by the Member following registration, the Member shall immediately notify the Company and correct such information pursuant to the method prescribed by the Company.
  9. A Member shall not assign, lend, or use as collateral its Membership or any rights arising therefrom to or for the benefit of a third person.

Article 7 (Membership Benefits)

The Company provides the following Services for the Members:

  1. The Company may issue discount coupons to the Members to enable purchases at a discounted amount or for a discounted percentage, subject to the following:
    1. Discount coupons shall be used only by the Members for their own purchases, and may not be sold or transferred to a third person;
    2. Use of discount coupons may be restricted to certain items or certain amounts. Discount coupons may not be used after expiration and may not be reused after order cancellation or refund; and
    3. Only one discount coupon may be used for the purchase of a single Good.
  2. The Company may provide to the Members “hydrogen refill points” that may be used for refilling hydrogen, subject to the following:
    1. The hydrogen refill points shall be used only by the Members for their own purchases, and may not be sold or transferred to a third person; and
    2. Use of the points is limited to hydrogen refills. Points may not be used after expiration and may not be reused after order cancellation or refund.
  3. Other Services: the Company may develop and provide additional Services to the Members.

Article 8 (Cancellation of Membership; Ineligibility)

  1. A Member may at any time request the Company to have such Member’s membership cancelled, and the Company shall immediately process such request. As a general rule, a Member which reapplies for Membership after requesting cancellation cannot use the previous ID but must use a new ID.
  2. The Company may restrict or suspend the membership of any Member in case of any of the following:
    1. The Member registered false information when applying for membership;
    2. The Member fails to pay the price of purchased Goods when due or otherwise fails to perform his or her obligations;
    3. The Member interferes with orderly commerce (including e-commerce) by hindering the use of Services by others or by stealing or misusing the information of others;
    4. The Company deems it inappropriate to maintain a Member’s membership due to, among other reasons, such Member’s conduct that contravenes law, regulations or the Terms of Use or is otherwise against public order and good morals;
    5. The Member uses the Services in an unlawful manner or for an unlawful purpose;
    6. The Member states or disseminates false or unsupported information related to the operation of the DMI Store; or
    7. The Member insults, threatens, verbally or physically abuses, or sexually harasses any employee of the Company while using the DMI Store.
  3. After restricting or suspending a Member’s membership, the Company may terminate the Member’s membership if such Member repeats the same problematic conduct two (2) or more times or if the Member does not remedy the cause for such restriction/suspension within thirty (30) days.
  4. If the Company terminates membership of a User pursuant to this Article, the Company shall deregister such User. In such a case, the Company shall notify the relevant User of such deregistration and provide an opportunity to explain within a prescribed time period (which period shall be at least 30 days) prior to effecting deregistration.
  5. If a Member does not use the DMI Store for a period of more than one year from last login, such Member’s DMI Store account and member information shall be deactivated. In order to re-activate the account, the Member shall be required to undertake certain steps as required by the Company (such as re-verification of the Member’s identity).
  6. In the case of a Member’s death, such Member’s membership shall be deemed to have ceased on the date of death.

Article 9 (Notification to Members)

  1. Notice by the Company to a Member shall be made in one of the following ways, as previously agreed between the Company and the relevant Member:
    1. E-mail;
    2. SMS via mobile phone; or
    3. Notice in paper.
  2. In case of general notice to Members at large, the Company may elect to post the notice on the DMI Store website for one (1) week or more instead of sending separate notice to each Member; provided, that any matter that materially affects a particular Member’s transaction shall be notified through separate notice to such Member.
  3. In case of notifying the Members of any revisions to the Terms of Use through email or written notice, the Company shall send notice to the most recent email address or physical address that the Members have provided the Company with. The Company shall not be liable for any damage resulting from any Member’s failure to update his or her address.

Article 10 (Purchase Orders)

The Company shall enable the following in a convenient and clear manner to assist Members in making purchase orders in relation to the Goods:

  1. Search and selection of the Goods;
  2. Filling in the User’s name, address, telephone number, e-mail address (or mobile phone number), etc.;
  3. Confirmation of the Terms of Use, any restrictions on order cancellation, delivery fees, installation fees and other cost-related information;
  4. How to indicate the User’s consent to the Terms of Use and acceptance or rejection of the terms relating to matters set out in the immediately preceding subparagraph 3 (e.g. whether it can be done with a mouse click);
  5. Making purchase orders and confirmation thereof, or indicating the User’s confirmation of the terms of the purchase order as acknowledged by the Company; and
  6. Selection of the method of payment.

Article 11 (Formation of Agreement)

  1. The Company may decline to accept any purchase order under Article 10 in the case of any of the following:
    1. The purchase order includes any false statement, omission, or error;
    2. Acceptance of the purchase order may cause a substantial technical harm the Company.
  2. The purchase agreement shall be deemed to have been made on the date in which the Company notifies its acceptance to the User in the form of an acknowledgement of receipt set out in Article 13 (1) hereof.
  3. Notification of the Company’s acceptance of a purchase order shall include, among others, acknowledgement of the User’s purchase order, the availability of the ordered Goods, and the methods for changing or cancelling the purchase order.

Article 12 (Payment Method)

  1. Payment for purchased Goods shall be effected by one of the following methods, as made available by the Company and selected by the User:
    1. Cash;
    2. Real-time bank transfer;
    3. Card payments, including prepaid cards, debit cards, and credit cards;
    4. Online direct deposit;
    5. Payment using a coupon provided by the Company; or
    6. Payment using the hydrogen refill points provided by the Company.
  2. Payment using the hydrogen refill points under Article 12 (1) (6) can be made only for hydrogen refills.

Some of the above-mentioned payment methods may not be available from time to time due to technical issues. Please refer to the FAQ in the Customer Support for detailed information on each payment method.

Article 13 (Acknowledgement of Receipt; Change or Cancelation of Purchase Orders)

  1. The Company shall send an acknowledgement of receipt if a User makes a purchase order.
  2. Immediately upon receipt of the acknowledgement of receipt, the User may request a change or cancelation of the purchase order in case of any inconsistency between the purchase order and the acknowledgment receipt. So long as such request is made prior to the delivery of the purchased Goods, the Company shall process such request without delay. However, if the User has already paid for the order, the provisions regarding order cancellation of Article 16 shall apply.

Article 14 (Delivery of Goods and Services)

  1. The Company shall disclose on the DMI Store website the time and method of delivery of purchased goods and services.
  2. Delivery time refers to the time period from the day immediately following the day on which payment for the order is confirmed by the Company to the date on which delivery of the Goods is completed. Holidays, other non-working days and any other delay caused by a natural disaster or other force majeure events shall be excluded from delivery time specified.

Article 15 (Measures for Unavailability of Goods or Services)

If the Company is unable to deliver or otherwise provide goods or services purchased by a User for reasons of such goods or services being out of stock or otherwise, the Company shall, without delay, notify the User. If the Company has received payment for such orders, the Company shall refund or otherwise take steps to refund such payment within three (3) business days of receiving such payment.

Article 16 (Cancelation of Orders)

  1. Pursuant to Article 17 of the Act on the Consumer Protection in Electronic Commerce, etc., a User is entitled to cancel its order within seven (7) days following receipt of written confirmation of the purchase agreement; provided, that no return or exchange can be made in the case of any of the following:
    1. The Goods are destroyed or damaged due to a cause attributable to the User (other than in the case of any damages to packaging for purposes of checking the content of the Goods delivered but with the exception of subparagraph 4 below);
    2. The value of the Goods is substantially diminished due to the User’s use or partial consumption thereof;
    3. The value of the Goods is substantially diminished due to the lapse of time, which makes resale difficult; or
    4. The Goods can be reverse-engineered by, among others, opening the packaging, and the packaging of such goods is damaged.
  2. If in relation to Article 1 hereof the Company does not disclose to consumers in advance and in an easily recognizable format as to the restrictions on order cancellation, or does not provide test products, the restrictions on order cancellation will not apply.
  3. Notwithstanding the provisions of Article 16(1) hereof, if the purchased Goods are inconsistent with their labels or as advertised, or if the purchase is effected in ways other than specified in the purchase agreement, the User may cancel the order within thirty (30) days after the User became aware or should have become aware of such inconsistency or within three (3) months after taking delivery, whichever is later.
  4. In the case of any inconsistency between the Terms of Use and consumer protection laws, including the Act on the Consumer Protection in Electronic Commerce, etc., on matters of order cancellation, the relevant laws shall apply and be controlling.

Article 17 (Effect of Order Cancellation)

  1. The Company shall, within three (3) business days after receipt of the returned Goods, refund or take measures necessary for the refund of the payment received for the goods. If the Company delays making such refunds, the Company shall pay default interest (at a rate prescribed by Article 21 (2) of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, etc.). However, the actual or due date of refund may change based on the refund processing system of the relevant card services provider.
  2. If a User used a credit card or digital currency to pay for the goods or services and is requesting a refund, the Company shall, without delay, make a request to the relevant payment service provider to suspend or cancel processing of such payment.
  3. The User requesting order cancellation shall bear the cost incurred for the return of goods. The Company shall not seek any penalties or damages against such User by reason of order cancelation. However, the cost incurred for the return of goods shall be borne by the Company if the order cancellation is due to an inconsistency between the purchased Goods, on the one hand, and their labels, as advertised or the relevant purchase agreement.
  4. The Company shall clearly state, in an easily understandable way for the User, the scenarios where the User will be responsible for delivery costs of returning the Goods in connection with cancelling the purchase order.

Article 18 (Personal Information Protection)

The Company seeks to protect the personal information of the Members, including their membership registration information, in accordance with relevant laws. Members’ personal information shall be protected in accordance with the relevant laws and regulations and the Company’s Privacy Policy.

Article 19 (Obligations of the Company)

  1. The Company shall not engage in any conduct that is prohibited by law, regulations or the Terms of Use or is otherwise against public order and good morals. The Company shall make best efforts to provide Goods in a continuous and secure manner in accordance with the Terms of Use.
  2. The Company shall implement a security system designed to protect the personal information (including credit information) of Users so that the Users can safely use the Services.
  3. If a User is harmed due to unfair labeling or advertising as described in Article 3 of the Act on Fair Labeling and Advertising in relation to the goods or services provided by the Company, the Company shall be liable for damages.
  4. The Company shall not send any advertisement e-mails for profit-earning purposes that Users do not want to receive.

Article 20 (Obligations of Members related to IDs and Passwords)

  1. Notwithstanding the provisions of Article 18, Users shall be responsible for safekeeping their own IDs and passwords.
  2. A User shall not allow a third person to use his or her ID and password. If a User becomes aware of any theft or misuse by a third party of his or her ID or password, the User shall immediately notify the Company thereof and follow the instructions, if any, given by the Company.

Article 21 (Obligations of Users)

The Users shall not engage in the following:

  1. Submit false information when registering or updating registration;
  2. Steal or misuse information of others;
  3. Alter information posted on the DMI Store website;
  4. Send or post information (computer programs, etc.) other than what is approved by the Company;
  5. Infringe upon the Company’s or a third party’s intellectual property;
  6. Defame or interfere with the business of the Company or a third party; and
  7. Disclose or post on the DMI Store website obscene or violent messages, images, sounds, or other information contrary to public order.

Article 22 (Ownership of Copyrights and Restriction of Its Use)

  1. Copyrights and other intellectual property rights in works by the Company belong to the Company.
  2. The Users shall not duplicate, transmit, publish, distribute, broadcast, or let a third party use intellectual property belonging to the Company, which the Users acquires while using Services of the Company, for profit without permission of the Company.
  3. When using copyrights belonging to the Users, the Company shall notify such Users in accordance with the Terms of Use.

Article 23 (Dispute Resolution)

  1. The Company shall institute and operate a mechanism for dealing with reasonable opinions and complaints of customers and compensating damage suffered by the Users.
  2. The Company shall assign priority to processing User complaints and opinions. However, in cases where prompt processing is difficult, the Company shall notify the Users of the reason for the delay and the expected timeline for handling them.
  3. In case of any request by the User for relief related to disputes between the Company and the Users, the dispute may be handled by an mediator referred to by the Korean Fair Trade Commission or by the relevant mayor or governor.

Article 24 (Jurisdiction and Governing Law)

  1. Any dispute relating to the Terms of Use and the use of Services shall be settled by mutual consultation between the parties. In the event that an agreement cannot be reached, all disputes and lawsuits relating to these Terms of Use shall be handled by the court of competent jurisdiction pursuant to the provisions of the Civil Procedure Act.
  2. The laws of the Republic of Korea will govern any dispute that may arise between the Company and the Users.

Disclaimer of Warranties

THE USERS USE THE SITE AND SERVICES AT THEIR OWN RISK.  THE DMI STORE WEBSITE AND SERVICES AND ALL GOODS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, MANAGERS, MEMBERS, PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). 

IN PARTICULAR, THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY REVIEWS, recommendations, COMMENTS or other content available on or through the dmi store webSite or Services) OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE dmi store webSite OR SERVICES.  THE COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE dmi store webSite OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE dmi store webSite OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE dmi store webSite OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE dmi store webSite OR SERVICES.

EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF USE OR IN ANY APPLICABLE ADDITIONAL TERMS OF USE, THE COMPANY AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED FOR SALE ON OR THROUGH THE DMI STORE WEBSITE OR SERVICES OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY COMPANY WEBSITE.

Limitation of Liability

NOTWITHSTANDING ANYTHING CONTRARY HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE PROPERTIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING CONTRARY HEREIN, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY TO THE USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR THE USER’S USE OF THE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY THE USER TO THE COMPANY FOR THE USER’S PURCHASE OF GOODS VIA THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.

Indemnity by the User

The User hereby agrees to indemnify, defend, and hold harmless the Company and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns (the “Company Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to the Company; (b) the User’s use of the DMI Store website and the use of the Services under the User’s account; or (c) the User’s violation of these Terms of Use. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Company in asserting any available defenses.

Arbitration and Class Actions

The Terms of Use, any Additional Terms, and any dispute arising from or relating to the Terms of Use, the Additional Terms or the provision or use of the Service, shall be governed exclusively by, and construed in accordance with the laws of the United States and the State of California, without reference to any conflict of laws principles.  Any controversy, claim, or dispute arising out of or related to these Terms (or the interpretation, performance, or breach of them), the DMI Store Website or the Services, including but not limited to alleged violations of state or federal statutory or common law rights or duties (a “Dispute”) shall be solely and exclusively resolved according to the procedures set forth in this paragraph.  If we are unable to resolve any Dispute through informal means, the User and the Company retain the right to seek relief in a small claims court if the Dispute is within the scope of its jurisdiction.   Alternatively, either party may initiate binding arbitration of such Dispute.  The arbitration shall be initiated and conducted according to the Consumer Arbitration Rules of the American Arbitration Association, as modified by this Section (the “Arbitration Rules”)  The User can review the Arbitration Rules and how to initiate a claim here:  https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.  The arbitration shall be conducted in Los Angeles County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms, including any applicable Additional Terms and limits of liability set forth in Article [__].  No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  BY ENTERING INTO THESE TERMS, THE USER HEREBY IRREVOCABLY WAIVE ANY RIGHT THE USER MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

[Addendum] 1. These Terms of Use will be enforced on August 28, 2018.