TERMS AND CONDITIONS OF USE
RECITALS
These Terms and Conditions of Use (the “Agreement”) constitute a legally binding contract entered into by and between DOBYOW LLC, a Florida limited liability company doing business as DomainsNoBroker.com (hereinafter referred to as the “Company,” “DomainsNoBroker,” “we,” “our,” or “us”), and any individual, corporation, partnership, limited liability company, trust, governmental entity, organization, or other person or legal entity accessing or utilizing the Platform (hereinafter referred to collectively as “User” or individually as “you”).
The Company owns and operates DomainsNoBroker.com, an online marketplace designed to facilitate the advertising, marketing, promotion, discovery, and potential transfer of internet domain names between independent third parties.
The Company is willing to provide access to the Platform solely upon the condition that Users accept and agree to be bound by the terms, conditions, limitations, disclaimers, waivers, and obligations contained herein.
ACCORDINGLY, BY ACCESSING, BROWSING, REGISTERING FOR, SUBSCRIBING TO, OR OTHERWISE UTILIZING THE PLATFORM, USER ACKNOWLEDGES AND AGREES THAT SUCH ACCESS AND USE CONSTITUTES VALID CONSIDERATION FOR AND ACCEPTANCE OF THIS AGREEMENT.
IF USER DOES NOT AGREE TO ALL TERMS CONTAINED HEREIN, USER SHALL IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
ARTICLE I
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings assigned below:
“Account” shall mean any user profile, registration, membership, subscription account, administrative account, seller account, buyer account, or other credentialed access established on the Platform.
“Buyer” shall mean any individual or entity seeking to purchase, acquire, lease, license, finance, negotiate for, or otherwise obtain rights in a domain name advertised through the Platform.
“Seller” shall mean any individual or entity offering, advertising, listing, promoting, marketing, transferring, licensing, assigning, leasing, or otherwise disposing of rights in a domain name through the Platform.
“Domain Name” shall mean any internet domain registration, premium domain, aftermarket domain, website-associated domain, expired domain, digital asset, domain portfolio, or other online naming asset.
“Listing” shall mean any advertisement, publication, offering, solicitation, portfolio entry, description, image, pricing information, valuation information, traffic information, revenue information, or other content submitted to the Platform relating to a Domain Name.
“Marketplace Transaction” shall mean any communication, negotiation, purchase, sale, lease, transfer, assignment, financing arrangement, licensing arrangement, escrow transaction, or other business transaction involving a Domain Name advertised through the Platform.
“Subscription Services” shall mean any paid membership plan, recurring service, promotional package, portfolio package, listing package, premium feature, advertising service, or fee-based service offered by the Company.
“User Content” shall mean any information, text, communications, messages, domain listings, descriptions, pricing data, logos, trademarks, photographs, graphics, documents, portfolio information, or other materials submitted by a User.
ARTICLE II
NATURE OF THE PLATFORM
The Platform is provided solely as an online marketplace through which independent buyers and sellers may advertise Domain Names and communicate with one another regarding potential transactions.
The Company does not act as a broker, dealer, escrow agent, trustee, registrar, transfer agent, attorney, accountant, appraiser, financial advisor, investment advisor, fiduciary, or representative of any User.
The Company does not take possession, custody, or control of Domain Names listed on the Platform.
The Company does not participate in negotiations between Users, determine transaction terms, verify consideration exchanged between parties, supervise transfers, guarantee payment, or guarantee completion of any Marketplace Transaction.
Users expressly acknowledge that all Marketplace Transactions are conducted exclusively between independent third parties and that the Company is not a party to, nor shall it have any liability arising from, any agreement, contract, understanding, communication, transfer, payment arrangement, escrow arrangement, or transaction entered into between Users.
The Company expressly disclaims any responsibility for the accuracy, legality, ownership status, transferability, value, marketability, profitability, enforceability, or validity of any Domain Name advertised through the Platform.
Nothing contained on the Platform shall be construed as legal advice, financial advice, tax advice, investment advice, brokerage services, valuation services, or professional services of any kind.
ARTICLE III
ELIGIBILITY AND LEGAL CAPACITY
Access to and use of the Platform is limited to individuals and entities possessing the legal capacity to enter into binding contracts under applicable law.
By accessing or utilizing the Platform, each User represents, warrants, and covenants that:
(a) the User has attained at least eighteen (18) years of age;
(b) the User possesses full legal authority and capacity to enter into and perform obligations under this Agreement;
(c) the User is not prohibited by any applicable law, regulation, sanction, court order, governmental restriction, or contractual obligation from utilizing the Platform;
(d) all information provided to the Company shall be accurate, current, complete, and not misleading; and
(e) the User shall comply with all applicable local, state, federal, national, and international laws governing the User's activities.
Where a User accesses the Platform on behalf of a corporation, partnership, limited liability company, trust, governmental body, or other legal entity, such User represents and warrants that he or she possesses full authority to bind such entity to this Agreement.
The Company reserves the right, at any time and in its sole discretion, to require proof of identity, age, authority, legal existence, beneficial ownership, or eligibility.
ARTICLE IV
ACCOUNT REGISTRATION AND SECURITY
Certain features of the Platform require the establishment of an Account.
As a condition of registration, Users agree to provide truthful, accurate, current, and complete information and to maintain such information in an updated state at all times.
Users shall be solely responsible for maintaining the confidentiality and security of login credentials, passwords, authentication methods, and account access information.
All actions performed through a User's Account shall be deemed authorized by the User unless and until the Company receives actual notice of unauthorized access.
The Company shall have no liability whatsoever for losses, damages, liabilities, costs, or expenses resulting from unauthorized use of an Account.
Users shall immediately notify the Company of any suspected breach of security, unauthorized access, account compromise, or misuse of credentials.
The Company reserves the unrestricted right to suspend, restrict, investigate, disable, or terminate any Account whenever the Company reasonably determines that such action is necessary to protect the Platform, its Users, its business operations, or its legal interests.
ARTICLE V
SUBSCRIPTION SERVICES
Certain portions of the Platform are available only through the purchase of Subscription Services.
The Company reserves the exclusive right to establish, modify, discontinue, replace, or amend Subscription Services, pricing structures, feature availability, listing limitations, promotional opportunities, and membership benefits at any time.
Subscription Services are provided solely as access-based services and shall not be construed as guaranteeing inquiries, buyer interest, traffic volume, search engine visibility, lead generation, domain sales, transaction volume, profitability, business opportunities, or financial results.
Users acknowledge and agree that payment of Subscription fees constitutes consideration solely for access to the services described in the applicable Subscription plan.
No Subscription shall be interpreted as creating any obligation on the part of the Company to facilitate, negotiate, supervise, verify, guarantee, insure, or complete any Marketplace Transaction.
ARTICLE VI
FEES AND PAYMENT OBLIGATIONS
In consideration for access to Subscription Services, Users agree to timely pay all fees associated with their selected plans.
All fees shall be payable in lawful United States currency unless otherwise expressly designated by the Company.
Users authorize the Company and its designated payment service providers to charge all applicable recurring fees, taxes, governmental assessments, and authorized charges associated with the User's Account.
Failure to satisfy payment obligations when due may result in suspension, restriction, termination, or modification of Platform access without liability to the Company.
The Company reserves the right to engage independent third-party payment processors and shall not be responsible for errors, delays, interruptions, chargebacks, processing failures, security incidents, or other matters attributable to such providers.
ARTICLE VII
AUTOMATIC RENEWAL AUTHORIZATION
Unless otherwise expressly stated in writing by the Company, all recurring Subscription Services shall automatically renew upon expiration of the applicable subscription period.
By enrolling in a recurring Subscription, User expressly authorizes the Company and its payment providers to charge the payment method on file for all applicable renewal fees.
User remains solely responsible for maintaining accurate billing information and monitoring renewal dates.
Cancellation of a Subscription shall operate prospectively only and shall not entitle User to reimbursement for fees already earned by the Company except where required by applicable law.
ARTICLE VIII
COMMISSION-FREE MARKETPLACE MODEL
The Platform operates under a subscription-based business model and does not generally impose transaction commissions, brokerage commissions, success fees, transfer commissions, or percentage-based sales fees upon Marketplace Transactions.
Users acknowledge and agree that Subscription fees constitute compensation for access to the Platform and are entirely independent of whether a Domain Name is sold, transferred, leased, financed, or otherwise transacted.
Nothing contained herein shall be construed as creating any duty on the part of the Company to procure purchasers, facilitate transactions, guarantee sales, negotiate terms, verify ownership, supervise transfers, or ensure successful transaction outcomes.
ARTICLE IX
DOMAIN NAME LISTINGS
Subject to compliance with this Agreement and all applicable laws, Users may submit Listings for Domain Names through the Platform.
Each Seller shall be solely responsible for the accuracy, completeness, legality, reliability, and authenticity of all information contained within any Listing submitted to the Platform.
Without limitation, Sellers shall ensure that all descriptions, pricing information, ownership representations, valuation statements, traffic data, revenue data, marketing claims, and other information provided in connection with a Listing are truthful, current, complete, and not misleading.
Under no circumstances shall a Seller submit a Listing that contains false representations, deceptive information, fraudulent statements, fabricated traffic statistics, inaccurate ownership claims, manipulated valuation data, misleading financial information, or any other information reasonably likely to mislead prospective Buyers.
The Company reserves the absolute and unrestricted right, but assumes no obligation, to review, monitor, edit, reject, suspend, restrict, modify, remove, disable, or investigate any Listing at any time and for any reason, including where the Company determines, in its sole discretion, that a Listing may violate this Agreement, applicable law, intellectual property rights, regulatory requirements, or the rights or interests of third parties.
The Company's decision regarding the publication, modification, restriction, or removal of any Listing shall be final and not subject to appeal.
Nothing contained herein shall be construed as creating any obligation on the part of the Company to monitor Listings or verify the information contained therein.
ARTICLE X
SELLER REPRESENTATIONS, WARRANTIES, AND COVENANTS
As a material condition of utilizing the Platform, each Seller represents, warrants, and covenants that:
(a) the Seller is the lawful owner, registrant, authorized representative, beneficial owner, or otherwise possesses full legal authority to market, transfer, assign, license, lease, or otherwise dispose of the Domain Name offered through the Platform;
(b) the Seller possesses all rights, permissions, approvals, and authorizations necessary to enter into any Marketplace Transaction relating to the Domain Name;
(c) the Domain Name is not subject to any undisclosed ownership dispute, legal claim, judicial proceeding, arbitration proceeding, UDRP action, bankruptcy proceeding, security interest, lien, encumbrance, transfer restriction, or other circumstance that would materially impair the Seller's ability to transfer the Domain Name;
(d) all information supplied by the Seller concerning the Domain Name is accurate and not misleading;
(e) the Seller shall comply with all applicable laws, regulations, registrar policies, registry requirements, contractual obligations, and industry standards applicable to the ownership and transfer of Domain Names.
The Seller further acknowledges and agrees that the Company does not verify ownership of Domain Names and relies upon the representations made by Sellers.
Any misrepresentation by a Seller shall constitute a material breach of this Agreement and may result in immediate suspension or termination of the Seller's Account.
ARTICLE XI
BUYER RESPONSIBILITIES AND DUE DILIGENCE
Each Buyer acknowledges and agrees that Domain Name acquisitions involve substantial commercial, legal, technical, and financial considerations.
Prior to entering into any Marketplace Transaction, Buyers shall conduct such independent investigations, evaluations, legal reviews, trademark searches, ownership verification procedures, technical analyses, financial reviews, and due diligence activities as the Buyer deems necessary or appropriate.
The Company does not guarantee the ownership status, legal validity, transferability, marketability, valuation, revenue potential, search engine performance, traffic quality, commercial utility, profitability, or future value of any Domain Name.
Buyers acknowledge that any information provided by Sellers originates from independent third parties and has not necessarily been reviewed, verified, audited, or endorsed by the Company.
The Company shall have no responsibility whatsoever for any decision made by a Buyer concerning the acquisition, financing, licensing, leasing, valuation, or use of a Domain Name.
All Marketplace Transactions are entered into at the Buyer's sole risk.
ARTICLE XII
COMMUNICATIONS BETWEEN USERS
The Platform may provide functionality enabling Buyers and Sellers to communicate directly through messaging systems, contact forms, email forwarding services, telephone communications, video conferencing tools, or other communication channels.
The Company neither controls nor guarantees the conduct of Users participating in such communications.
The Company does not verify the accuracy of statements made during communications between Users and assumes no responsibility for promises, representations, warranties, negotiations, agreements, omissions, disclosures, or conduct occurring in connection therewith.
Users acknowledge that communications occurring through or as a result of the Platform are conducted exclusively between independent parties.
To the fullest extent permitted by law, the Company shall not be liable for any loss, damage, injury, dispute, claim, misunderstanding, misrepresentation, fraud, or other consequence arising from communications between Users.
The Company reserves the right, but shall have no obligation, to monitor, review, preserve, disclose, or investigate communications where reasonably necessary to protect the security, integrity, lawful operation, or legal interests of the Platform.
ARTICLE XIII
DOMAIN NAME TRANSFERS
The Company is not a registrar, registry operator, transfer agent, escrow provider, broker, fiduciary, or intermediary with respect to Domain Name transfers.
Responsibility for initiating, managing, approving, completing, and documenting any Domain Name transfer shall rest exclusively with the parties participating in the applicable Marketplace Transaction.
Users acknowledge that Domain Name transfers may be subject to registrar requirements, registry restrictions, transfer authorization procedures, identity verification requirements, payment verification procedures, waiting periods, legal restrictions, and other third-party requirements beyond the Company's control.
The Company makes no representation or warranty that any transfer will be completed successfully or within any particular timeframe.
To the fullest extent permitted by law, the Company disclaims all liability arising from failed transfers, delayed transfers, rejected transfers, registrar actions, registry actions, ownership disputes, technical errors, account restrictions, security incidents, or other transfer-related matters.
ARTICLE XIV
THIRD-PARTY ESCROW SERVICES
The Company may, from time to time, identify, reference, recommend, advertise, or provide access to third-party escrow providers, payment services, transaction facilitators, or similar service providers.
Any relationship between a User and a third-party escrow provider shall constitute an independent contractual relationship solely between the User and the applicable provider.
The Company is not a party to any escrow agreement and does not control, supervise, guarantee, insure, or assume responsibility for the services provided by any escrow provider.
The Company expressly disclaims all liability arising from or relating to acts, omissions, negligence, fraud, insolvency, security breaches, payment failures, regulatory violations, contractual breaches, or operational failures of any escrow provider.
Users shall independently evaluate the suitability of any escrow service utilized in connection with a Marketplace Transaction.
ARTICLE XV
INTELLECTUAL PROPERTY RIGHTS
All right, title, and interest in and to the Platform, including without limitation all software, source code, object code, databases, trademarks, service marks, trade dress, logos, graphics, text, audiovisual materials, functionality, designs, compilations, proprietary technology, and other intellectual property associated with the Platform, are and shall remain the exclusive property of the Company and its licensors.
Nothing contained in this Agreement shall be construed as transferring ownership of any intellectual property rights to any User.
Except as expressly authorized by the Company in writing, Users shall not copy, reproduce, modify, distribute, display, transmit, publish, license, sell, lease, reverse engineer, decompile, scrape, harvest, extract, or create derivative works from any portion of the Platform.
All rights not expressly granted herein are reserved by the Company.
ARTICLE XVI
LICENSE TO USER CONTENT
By submitting, uploading, publishing, transmitting, displaying, or otherwise making available User Content through the Platform, the User hereby grants to the Company a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, reproduce, distribute, display, transmit, store, archive, index, cache, adapt, modify, reformat, publish, promote, advertise, and otherwise utilize such User Content in connection with the operation, administration, promotion, improvement, protection, and development of the Platform.
The foregoing license shall survive termination of this Agreement and shall continue for so long as reasonably necessary to protect the Company's legitimate business interests, comply with legal obligations, preserve records, resolve disputes, enforce rights, or maintain business continuity.
The User represents and warrants that the User possesses all rights necessary to grant the license described herein.
ARTICLE XVII
TRADEMARK RIGHTS AND DOMAIN NAME DISPUTES
Users shall not utilize the Platform in any manner that infringes, dilutes, misappropriates, or otherwise violates the trademark rights, service mark rights, trade name rights, publicity rights, copyright rights, or other proprietary rights of any third party.
The Company reserves the unrestricted right to investigate, restrict, suspend, remove, disable, or reject any Listing that may involve alleged trademark infringement, cybersquatting, bad-faith registration, unfair competition, deceptive trade practices, or violations of intellectual property rights.
The Company shall not serve as an arbitrator, mediator, adjudicator, or decision-maker in disputes relating to ownership of Domain Names or intellectual property rights.
Users acknowledge that Domain Names may become subject to administrative proceedings, arbitration proceedings, judicial actions, UDRP proceedings, trademark claims, or other disputes.
The Company shall have no liability arising from such proceedings or their outcomes.
ARTICLE XVIII
COPYRIGHT POLICY AND DMCA COMPLIANCE
The Company respects the intellectual property rights of others and expects Users to do the same.
Any person who believes that content appearing on the Platform infringes a valid copyright may submit a notification in accordance with the Digital Millennium Copyright Act ("DMCA") or other applicable laws.
Upon receipt of a legally sufficient notice, the Company reserves the right to investigate the matter and to remove, disable, restrict, preserve, or otherwise address the allegedly infringing content as the Company deems appropriate.
The Company reserves the right to suspend or terminate the Accounts of repeat infringers.
Nothing contained herein shall impose upon the Company any obligation to actively monitor content for potential infringement.
ARTICLE XIX
PROHIBITED CONDUCT
Users shall not, directly or indirectly:
(a) engage in fraudulent, deceptive, misleading, unlawful, or unethical conduct;
(b) submit false Listings or false ownership claims;
(c) impersonate any person or entity;
(d) interfere with the operation or security of the Platform;
(e) attempt unauthorized access to systems, networks, databases, or Accounts;
(f) upload viruses, malware, spyware, ransomware, or other harmful code;
(g) engage in automated scraping, harvesting, extraction, or collection of data;
(h) violate intellectual property rights;
(i) manipulate Platform functionality, rankings, visibility, search results, or listing placement;
(j) utilize the Platform in connection with unlawful activities or prohibited transactions.
Any violation of this Article shall constitute a material breach of this Agreement and may result in immediate suspension, restriction, or termination of access to the Platform, in addition to any other remedies available to the Company under law or equity.
ARTICLE XX
KNOW YOUR CUSTOMER (KYC), FRAUD PREVENTION, AND COMPLIANCE MEASURES
In order to protect the integrity of the Platform and comply with applicable laws, regulations, governmental requests, sanctions programs, anti-money laundering requirements, fraud prevention measures, and risk management obligations, the Company reserves the unrestricted right, but assumes no obligation, to implement identity verification procedures, customer due diligence measures, sanctions screening protocols, beneficial ownership verification procedures, transaction monitoring systems, and other compliance mechanisms as deemed appropriate by the Company.
The Company may require any User, at any time and in its sole discretion, to provide documentation or information concerning identity, age, residency, business registration, beneficial ownership, source of funds, legal authority, tax status, ownership of Domain Names, or other information reasonably requested by the Company.
Users agree to promptly cooperate with all verification requests.
The Company may suspend, restrict, terminate, investigate, delay, reject, or prohibit access to the Platform, Listings, Accounts, Subscription Services, or Marketplace Transactions whenever the Company reasonably believes that such action is necessary to comply with applicable law or to protect the Company, its Users, or third parties from fraud, abuse, unlawful conduct, regulatory exposure, reputational harm, or financial risk.
The Company shall incur no liability arising from actions taken in good faith pursuant to this Article.
ARTICLE XXI
TAX MATTERS
Each User acknowledges and agrees that the Company is not a tax advisor, tax preparer, accounting firm, certified public accountant, or tax reporting agent.
Users shall bear sole and exclusive responsibility for determining, calculating, collecting, reporting, remitting, and paying all taxes arising from or relating to their use of the Platform or participation in Marketplace Transactions.
Such taxes may include, without limitation, income taxes, capital gains taxes, sales taxes, use taxes, value-added taxes (VAT), goods and services taxes (GST), withholding taxes, transfer taxes, digital services taxes, excise taxes, and any other governmental assessments imposed by any jurisdiction.
The Company makes no representation regarding the tax treatment of any transaction conducted through the Platform.
Users are encouraged to obtain independent professional tax advice concerning their specific circumstances.
To the fullest extent permitted by law, the Company shall not be liable for any tax liabilities, penalties, interest, audits, assessments, deficiencies, reporting obligations, or governmental claims incurred by any User.
ARTICLE XXII
PAYMENT PROCESSING SERVICES
The Company may utilize independent third-party payment processors, merchant service providers, financial institutions, payment gateways, and related service providers to facilitate the collection of Subscription fees and authorized charges.
Users acknowledge and agree that such services are provided exclusively by independent third parties and are governed by the applicable terms, conditions, privacy policies, and contractual arrangements of those providers.
The Company neither controls nor guarantees the performance, availability, security, legality, or reliability of any payment processor.
Accordingly, the Company expressly disclaims all liability arising from payment failures, chargebacks, declined transactions, processing errors, fraudulent activity, unauthorized transactions, banking interruptions, currency conversion issues, processor outages, cybersecurity incidents, or other matters attributable to third-party payment providers.
Users release and discharge the Company from any claims arising from the acts or omissions of such providers.
ARTICLE XXIII
REFUND POLICY
Except where expressly required by applicable law or otherwise provided in a separate written agreement executed by an authorized representative of the Company, all fees paid to the Company shall be deemed earned upon receipt and shall be non-refundable.
Without limiting the foregoing, Subscription fees, listing fees, advertising fees, promotional fees, premium placement fees, portfolio package fees, and other service fees shall not be refundable based upon:
(a) failure to sell a Domain Name;
(b) lack of inquiries or leads;
(c) market conditions;
(d) user dissatisfaction;
(e) changes in business strategy;
(f) failure to utilize purchased services;
(g) suspension resulting from a User's breach of this Agreement;
(h) technical preferences; or
(i) subjective expectations regarding results.
The Company makes no guarantee concerning sales volume, transaction activity, buyer interest, profitability, or commercial success.
Nothing contained herein shall limit any non-waivable consumer protection rights applicable under governing law.
ARTICLE XXIV
ASSUMPTION OF RISK
Users acknowledge and agree that Domain Name transactions inherently involve substantial risks, including legal, financial, commercial, operational, technological, and regulatory risks.
Such risks may include, without limitation, ownership disputes, transfer failures, registrar restrictions, trademark claims, cybersquatting allegations, UDRP proceedings, valuation inaccuracies, fraud, market volatility, technological changes, cybersecurity incidents, regulatory developments, and third-party claims.
Users voluntarily and knowingly assume all risks associated with their participation in Marketplace Transactions.
The Company neither undertakes nor assumes any duty to evaluate, eliminate, mitigate, reduce, insure against, or otherwise protect Users from such risks.
Each User is solely responsible for conducting independent investigations and exercising independent business judgment prior to entering into any transaction.
ARTICLE XXV
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL SERVICES PROVIDED BY THE COMPANY ARE OFFERED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES, AND COVENANTS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY DISCLAIMS ALL WARRANTIES OF:
MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
QUIET ENJOYMENT;
AVAILABILITY;
ACCURACY;
COMPLETENESS;
RELIABILITY;
SECURITY;
PERFORMANCE;
COMPATIBILITY;
CONTINUOUS OPERATION.
THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF MALWARE, OR FREE OF OTHER HARMFUL COMPONENTS.
THE COMPANY FURTHER DISCLAIMS ANY WARRANTY REGARDING THE VALUE, MARKETABILITY, TRANSFERABILITY, OWNERSHIP STATUS, LEGALITY, OR PROFITABILITY OF ANY DOMAIN NAME LISTED ON THE PLATFORM.
NO STATEMENT, COMMUNICATION, OR INFORMATION PROVIDED BY THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.
ARTICLE XXVI
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ENHANCED DAMAGES OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM:
LOSS OF PROFITS;
LOSS OF REVENUE;
LOSS OF BUSINESS OPPORTUNITIES;
LOSS OF GOODWILL;
LOSS OF DATA;
LOSS OF DOMAIN NAMES;
FAILED TRANSACTIONS;
TRANSFER FAILURES;
OWNERSHIP DISPUTES;
INTELLECTUAL PROPERTY CLAIMS;
PAYMENT DISPUTES;
REGISTRAR ACTIONS;
REGISTRY ACTIONS;
THIRD-PARTY CONDUCT;
BUSINESS INTERRUPTION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY THE CLAIMING USER TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF NO FEES HAVE BEEN PAID, THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
THE LIMITATIONS SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
ARTICLE XXVII
RELEASE OF CLAIMS
To the fullest extent permitted by applicable law, each User irrevocably releases, waives, discharges, and forever relinquishes any and all claims, demands, causes of action, liabilities, damages, losses, costs, expenses, and remedies against the Company arising from or relating to:
Marketplace Transactions;
Domain Name transfers;
communications between Users;
ownership disputes;
trademark disputes;
payment disputes;
escrow arrangements;
registrar actions;
registry actions;
third-party services;
or any conduct of other Users.
This release shall survive termination of this Agreement and shall remain binding upon the User and the User's heirs, successors, assigns, representatives, and affiliates.
ARTICLE XXVIII
INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, managers, members, employees, contractors, agents, successors, and assigns from and against any and all claims, actions, proceedings, investigations, liabilities, damages, judgments, penalties, fines, settlements, losses, costs, and expenses, including reasonable attorneys' fees and litigation expenses, arising out of or relating to:
(a) the User's violation of this Agreement;
(b) the User's use of the Platform;
(c) the User's Listings;
(d) the User's communications;
(e) the User's transactions;
(f) the User's infringement of intellectual property rights;
(g) the User's violation of applicable laws or regulations;
(h) any claim brought by a third party relating to the User's conduct.
The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification, and the User agrees to cooperate fully with such defense.
ARTICLE XXIX
FORCE MAJEURE
The Company shall not be liable for any delay, interruption, degradation, suspension, failure, or inability to perform resulting directly or indirectly from circumstances beyond its reasonable control.
Such circumstances shall include, without limitation, acts of God, hurricanes, floods, earthquakes, fires, pandemics, epidemics, acts of war, terrorism, civil unrest, labor disputes, governmental actions, regulatory changes, internet outages, telecommunications failures, utility failures, cybersecurity incidents, denial-of-service attacks, registrar outages, registry failures, cloud infrastructure interruptions, and failures of third-party service providers.
The Company's obligations shall be suspended during the continuation of any Force Majeure event without liability.
ARTICLE XXX
INTERNATIONAL USERS
The Platform may be accessed from jurisdictions throughout the world.
Users accessing the Platform from outside the United States do so voluntarily and at their own risk.
Users are solely responsible for compliance with all laws, regulations, sanctions programs, export controls, tax obligations, consumer protection laws, privacy laws, and other legal requirements applicable within their jurisdictions.
The Company makes no representation that the Platform, its services, Listings, or Marketplace Transactions are lawful or appropriate in any particular jurisdiction.
The Company reserves the right, at any time and in its sole discretion, to restrict, suspend, or prohibit access to the Platform from any jurisdiction, territory, region, country, or governmental authority.
ARTICLE XXXI
GOVERNING LAW
This Agreement, the Platform, all Subscription Services, Marketplace Transactions, Listings, communications, disputes, and all matters arising out of or relating to the relationship between the parties shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to any choice-of-law or conflict-of-law principles that would require the application of the laws of another jurisdiction.
The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement or to any dispute arising hereunder.
The parties further acknowledge and agree that this Agreement shall be interpreted in a commercially reasonable manner consistent with the operation of an international online marketplace platform.
ARTICLE XXXII
AGREEMENT TO ARBITRATE
To the fullest extent permitted by applicable law, any claim, dispute, controversy, demand, action, cause of action, or proceeding arising out of or relating to this Agreement, the Platform, any Subscription Service, Marketplace Transaction, Listing, communication, or relationship between the parties, whether arising in contract, tort, statute, equity, or otherwise, shall be resolved exclusively and finally by binding arbitration.
The parties knowingly and voluntarily waive any right to commence or participate in litigation before a court or jury except as expressly provided herein.
Any arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect.
The arbitration shall be conducted before a single arbitrator possessing experience in commercial, technology, internet, or intellectual property matters.
The seat and venue of arbitration shall be Collier County, Florida, unless otherwise agreed in writing by the parties.
The arbitration proceedings shall be conducted in the English language.
The arbitrator shall possess authority to award any remedy available under applicable law, subject to the limitations and exclusions set forth in this Agreement.
The arbitrator's award shall be final, binding, and enforceable in any court of competent jurisdiction.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The costs of arbitration shall be allocated by the arbitrator in accordance with applicable law and the applicable arbitration rules.
ARTICLE XXXIII
WAIVER OF JURY TRIAL
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PLATFORM, OR THE RELATIONSHIP OF THE PARTIES.
THE PARTIES ACKNOWLEDGE THAT THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT TO ENTER INTO THIS AGREEMENT.
ARTICLE XXXIV
CLASS ACTION WAIVER
To the fullest extent permitted by applicable law, each User agrees that any claim against the Company shall be brought solely in the User's individual capacity and not as a plaintiff, claimant, class member, representative party, or participant in any purported class action, collective action, representative action, consolidated action, private attorney general action, mass arbitration, or similar proceeding.
The arbitrator shall possess no authority to hear or adjudicate class claims, collective claims, representative claims, or consolidated claims.
The parties expressly agree that disputes shall be resolved exclusively on an individual basis.
If any portion of this Article is determined to be unenforceable, then such portion shall be severed and the remainder shall remain in full force and effect to the fullest extent permitted by law.
ARTICLE XXXV
EQUITABLE RELIEF
Notwithstanding any provision of this Agreement to the contrary, the Company shall retain the right to seek temporary restraining orders, preliminary injunctions, permanent injunctions, specific performance, equitable relief, or other extraordinary judicial remedies whenever necessary to protect its intellectual property rights, confidential information, proprietary technology, business interests, or legal rights.
Users acknowledge that unauthorized use of the Platform may cause irreparable harm for which monetary damages alone may be inadequate.
Accordingly, the Company shall be entitled to seek equitable relief without the necessity of posting bond or proving actual damages.
ARTICLE XXXVI
ELECTRONIC COMMUNICATIONS
Users consent to receive communications from the Company electronically.
Such communications may include notices, disclosures, invoices, statements, policy updates, legal notices, security notifications, administrative messages, promotional communications, and other information relating to the Platform.
Electronic communications may be delivered through the Platform, email, text message, mobile application notification, or other electronic means selected by the Company.
Users acknowledge and agree that electronic communications satisfy any legal requirement that communications be in writing.
ARTICLE XXXVII
ELECTRONIC SIGNATURES AND CONSENT
The parties acknowledge and agree that electronic signatures, electronic acceptances, click-through agreements, digital acknowledgments, electronic records, and other forms of electronic consent shall be deemed legally valid and enforceable to the fullest extent permitted by applicable law.
By accessing, registering for, subscribing to, or otherwise using the Platform, User manifests assent to this Agreement and agrees that such assent shall constitute a legally binding electronic signature.
The parties expressly waive any objection based upon the electronic form of this Agreement or any electronic record associated therewith.
ARTICLE XXXVIII
SUSPENSION, RESTRICTION, AND TERMINATION
The Company reserves the absolute and unrestricted right, in its sole and exclusive discretion, to suspend, restrict, disable, investigate, remove, or terminate any Account, Listing, Subscription Service, communication, transaction, or access to the Platform at any time and for any reason or for no reason at all, to the extent permitted by applicable law.
Without limiting the foregoing, the Company may take such action whenever it determines that such action is necessary or appropriate to:
protect the security or integrity of the Platform;
prevent fraud or abuse;
comply with legal or regulatory obligations;
protect other Users;
enforce this Agreement;
protect the Company's business interests.
Termination may occur with or without prior notice and shall not create liability on the part of the Company.
ARTICLE XXXIX
EFFECT OF TERMINATION
Upon termination of a User's Account or access to the Platform, all rights granted to the User under this Agreement shall immediately cease.
The User shall promptly discontinue all use of the Platform.
The Company may remove Listings, disable access, preserve records, retain information, or take such actions as the Company deems necessary to protect its legal rights, comply with legal obligations, resolve disputes, prevent fraud, or maintain business continuity.
Termination shall not affect rights, obligations, liabilities, claims, remedies, or causes of action that accrued prior to termination.
ARTICLE XL
ASSIGNMENT
Users shall not assign, delegate, transfer, sublicense, pledge, encumber, or otherwise dispose of any rights or obligations arising under this Agreement without the Company's prior written consent.
Any purported assignment in violation of this Article shall be null and void.
The Company may assign, transfer, delegate, subcontract, merge, reorganize, sell, or otherwise dispose of this Agreement or any rights arising hereunder without restriction and without notice to Users.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
ARTICLE XLI
SEVERABILITY
If any provision of this Agreement is determined by a court, arbitrator, or governmental authority of competent jurisdiction to be invalid, illegal, void, or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable.
If modification is not possible, the provision shall be severed from this Agreement.
The remaining provisions shall remain valid, enforceable, and in full force and effect.
ARTICLE XLII
NO WAIVER
No failure or delay by the Company in exercising any right, power, privilege, or remedy under this Agreement shall operate as a waiver thereof.
No waiver shall be effective unless expressly set forth in a written instrument executed by an authorized representative of the Company.
A waiver of any breach shall not constitute a waiver of any prior, concurrent, or subsequent breach.
ARTICLE XLIII
ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, Cookie Policy, Subscription Agreement, Refund Policy, Community Guidelines, and any additional policies or documents expressly incorporated herein by reference, constitutes the complete, final, and exclusive agreement between the parties concerning the subject matter hereof.
This Agreement supersedes all prior and contemporaneous negotiations, discussions, proposals, understandings, representations, warranties, communications, and agreements, whether oral or written.
No statement, representation, promise, or inducement not expressly contained herein shall be binding upon either party.
ARTICLE XLIV
SURVIVAL
Any provision of this Agreement which by its nature should survive termination shall survive termination, expiration, suspension, or cancellation of this Agreement.
Without limitation, provisions relating to ownership rights, intellectual property rights, licenses, disclaimers, limitations of liability, indemnification obligations, releases, dispute resolution, arbitration, governing law, confidentiality, compliance obligations, and payment obligations shall survive termination.
ARTICLE XLV
CONTACT INFORMATION
All legal notices, inquiries, requests, or communications relating to this Agreement may be directed to:
DOBYOW LLC
Doing Business As: DomainsNoBroker.com
Naples, Florida, United States
Email: support@domainsnobroker.com
The Company reserves the right to require reasonable verification of identity prior to responding to any request concerning legal rights, account information, compliance matters, privacy matters, or contractual issues.
ARTICLE XLVI
ACKNOWLEDGMENT AND ACCEPTANCE
BY ACCESSING, BROWSING, REGISTERING FOR, SUBSCRIBING TO, LISTING DOMAIN NAMES ON, COMMUNICATING THROUGH, PURCHASING THROUGH, SELLING THROUGH, OR OTHERWISE UTILIZING THE PLATFORM, USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS ITS TERMS, AND AGREES TO BE LEGALLY BOUND BY ALL PROVISIONS CONTAINED HEREIN.
USER FURTHER ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES A LEGALLY ENFORCEABLE CONTRACT BETWEEN USER AND THE COMPANY.
IF USER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, USER SHALL IMMEDIATELY DISCONTINUE ALL USE OF THE PLATFORM.