Terms of Use

Acceptance Of Contract Terms
These Terms and Conditions of Use (the “Terms of Use”) apply to the DomainMart web site located at www.DomainMart.com, and all associated sites linked to www.DomainMart.com by DomainMart, its subsidiaries and affiliates (collectively, the “Site”). By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to be bound by these terms. The Site is the property of DomainMart Inc. (“DomainMart”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

DomainMart reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, DomainMart grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of DomainMart and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.

"DomainMart" and "Domain Mart" are trademarks (TM) of DomainMart.

Disclaimers
DomainMart IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS. DOMAINMART DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, DomainMart DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

DomainMart DOES NOT NECESSARILY ENDORSE OR CONDONE ANY INFORMATION ENCOUNTERED BY FOLLOWING LINKS TO EXTERNAL SITES, ANY INFORMATION CONTAINED IN OR THE PROPER FUNCTIONALITY OF ANY SOFTWARE LISTED ON THIS WEB SITE. RELIANCE UPON ANY SUCH INFORMATION IS SOLELY AT YOUR OWN DISCRETION.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

DomainMart reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation Of Liability
Except as specifically stated on this web site, neither DomainMart nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an DomainMart ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify DomainMart immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by DomainMart or any other user of or visitor to the Site due to someone else using your DomainMart ID, password or account.

You may not use anyone else’s DomainMart ID, password or account at any time without the express permission and consent of the holder of that DomainMart ID, password or account. DomainMart cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy
DomainMart’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view DomainMart’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the DomainMart Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under DomainMart’s control, and DomainMart is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Indemnity
You agree to indemnify and hold DomainMart, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against DomainMart by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use
DomainMart may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DomainMart’s rights or property, or the rights or property of visitors to or users of the Site, including DomainMart’s customers. DomainMart reserves the right at all times to disclose any information that DomainMart deems necessary to comply with any applicable law, regulation, legal process or governmental request. DomainMart also may disclose your information when DomainMart determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that DomainMart may preserve any transmittal or communication by you with DomainMart through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or DomainMart determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of DomainMart, its employees, users of or visitors to the Site, and the public.

You agree that DomainMart may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DomainMart, for which monetary damages would be inadequate, and you consent to DomainMart obtaining any injunctive or equitable relief that DomainMart deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DomainMart may have at law or in equity.

You agree that DomainMart may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If DomainMart does take any legal action against you as a result of your violation of these Terms of Use, DomainMart will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to DomainMart. You agree that DomainMart will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

VenueThis Agreement is entered into pursuant to the laws of the State of California and shall be interpreted in accordance with the laws of the State of California, the venue for any dispute arising hereunder shall be the County of San Francisco. Should any clause or condition of this Agreement be determined by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement shall continue in full force and effect.

Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and DomainMart with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and DomainMart with respect to such use are hereby superseded and cancelled. DomainMart will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. DomainMart’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by DomainMart of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between DomainMart and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

DomainMart provides access to DomainMart international data and, therefore, may contain references or cross references to DomainMart products, programs and services that are not announced in your country. Such reference does not imply that DomainMart in your country intends to announce such products, programs or services.

Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. DomainMart shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

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