Last Revised: January 4, 2013
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Domain Name Appraisal Agreement (this “Agreement”) is entered into by and between DomainSmart, an AZ individual ("DomainSmart") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of DomainSmart’s Domain Name Appraisal service (the “Appraisal Service” or the “Services”).
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) DomainSmart’s Universal Terms of Service Agreement, and (ii) any limitations, disclaimers or other restrictions presented to you in this Help Article located on the DomainSmart website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to DomainSmart. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) DomainSmart, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, DomainSmart may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current. DomainSmart assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
2. description of services
The Appraisal Service is an automated domain name appraisal service, which allows you to obtain an estimated market value of your domain name based on several factors, such as (i) the length of the domain name, (ii) the number of words in the domain name, (iii) the domain name extension (e.g., .com, .net, .org, etc.), (iv) the presence of numbers or dashes in the domain name, and (v) the domain name’s keyword popularity.
3. storage; data retention
The Appraisal Service is not an archival service. You are solely responsible for maintaining independent back-up copies of your appraisals. DomainSmart expressly disclaims any liability or responsibility for any loss, damage or destruction of your appraisals or any other content.
4. LIMITATIONS ON USE; TERMINATION of services
DomainSmart reserves the right to implement limitations on the Appraisal Service. Such limitations may relate to (i) the number of domain names per appraisal request, (ii) the number of appraisal requests per day, or (iii) such other items as DomainSmart may specify. The current limitations on the Appraisal Service may be found in this Help Article located on this Site. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by such limitations.
If your use of the Appraisal Service exceeds any such limitations, DomainSmart reserves the right to freeze or terminate your access to the Appraisal Service, or take any other measures deemed to be appropriate (as determined by DomainSmart in its sole and absolute discretion), at any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.
Usage determinations shall be made by DomainSmart in its sole and absolute discretion.
Unless otherwise specified, the number of appraisal requests shall not accrue or carry over from day to day.
5. disclaimer of representations and warranties; limitation of liability
In addition to the “Disclaimer of Representations and Warranties” and “Limitation of Liability” sections contained in the Universal Terms of Service Agreement, which is incorporated herein by reference, you specifically acknowledge and agree that DomainSmart makes no representations or warranties that an appraisal generated by the Appraisal Service (i) will reflect the actual value of a domain name, (ii) will reflect the transaction price of a domain name, or (iii) will result in an offer to purchase a domain name. Generation of an appraisal by the Appraisal Service does not constitute an offer to purchase a domain name by DomainSmart or any third party.
valuations of domain names are inherently subjective by nature, and many circumstances impact such valuations, which are beyond the knowledge or control of DomainSmart. An appraisal generated by the Appraisal Service reflects DomainSmart’s estimated market value of the domain name based solely on the factors included in DomainSmart’s appraisal method. Those factors may change from time to time, and be based in part or in whole on information and data gathered by DomainSmart from independent sources. DomainSmart makes no representations or warranties that (i) it has included all relevant factors in its appraisal method or (ii) information and data relied upon in its appraisal method is accurate.
An appraisal generated by the Appraisal Service reflects DomainSmart’s estimated market value of the domain name as of the time of the appraisal. DomainSmart makes no representations or warranties that market fluctuations or other circumstances will not change the estimated market value of THE domain name.
An appraisal generated by the Appraisal Service is provided to you for convenience only. An appraisal should not be used (i) as a basis for establishing or evidencing the value of a domain name, (ii) as a personal or business asset, (iii) as collateral for a financing arrangement, or (iv) in any manner that would induce a third party to enter into a transaction with you. DomainSmart expressly disclaims any liability to you or any third party for any reliance by you or any third party on the appraisal.
DomainSmart, ITS OFFICERS, DIRECTORS, EMPLOYEES, and AGENTS expressly disclaim any liability or responsibility to you or any other person or entity for any loss or damage arising from or related to the items described above, including ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.
6. 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.
7. DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.