EmDomains may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and
a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency
selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the
checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a
Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be
an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if
the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate
conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time
the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and
EmDomains makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the
amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as
either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to
waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition,
regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and
Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address
section.
(B) INTERNATIONAL PAYMENT OPTIONS
EmDomains offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In
the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service
agreements in advance of completing your transaction at EmDomains. You also agree to allow the IPP to debit the full amount of your
purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment
method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to,
prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if
applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP
(collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by
the IPP without notice to you by EmDomains.
It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right
to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources
no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor EmDomains shall be liable to you
or any third party regarding the same. You acknowledge that EmDomains will not attempt to fulfill the Services purchased by you until
EmDomains receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a
gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated
payment processor. If EmDomains does not receive confirmation of payment from the IPP through its associated payment processor
within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the
purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through
your EmDomains account. Payments received on previously cancelled orders will be automatically refunded to the original Payment
Method when possible.
If, at the time EmDomains receives confirmation of payment from the IPP (through its associated payment processor), either (i) the
Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or
(iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-
funded or under-funded, EmDomains may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of
under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind,
EmDomains reserves the right to issue refunds to an in-store credit balance. If you receive a full refund, you will need to begin the
purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded
transaction. Accordingly, any refunds issued by EmDomains will be net of the IPP Fees unless otherwise specified.
18. UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any
reason, and (i) EmDomains is unable to issue payment to such customer or (ii) EmDomains issued payment to such customer in the
form of a paper check, but the check was never cashed, then EmDomains shall turn over such account balance to the State of Arizona
in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, EmDomains may withhold a dormancy
charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.
19. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
20. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
21. U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United
States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other
United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store or
transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the
export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may
be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has
embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found
at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the
control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws
(including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site
from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that
jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S.
Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any
termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
22. COMPLIANCE WITH LOCAL LAWS
EmDomains makes no representation or warranty that the content available on this Site or the Services found at this Site are
appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where
its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance
with all local laws, rules and regulations.
23. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this
Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona,
whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this
Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all
defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts
of Maricopa County, Arizona. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or
arising out of this Agreement.
24. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to
construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall
be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or
portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent
permitted by law.
25. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
EmDomains Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
support@secureserver.net