Terms of Use
1. Introduction.
In this Service Agreement ("Agreement"),"Customer," User, "you"
and "your" refer to each customer or user and ExpiredDomainHunter.com, "we," "us" and
"our" refer to ExpiredDomainHunter.com. This Agreement explains our obligations to
you, and your obligations to us, in relation to your use of our services. By selecting
ExpiredDomainHunter.com service(s) you have agreed to establish an account with us for
such services.
2. Services.
ExpiredDomainHunter.com offers alerts and other services and information
that may assist you in identifying the current status of domains. Such services
and information are provided on an as-is basis from ExpiredDomainHunter.com
and does not represent or warrant to the truth or accuracy of such information.
3. Modifications to Agreement.
Except as otherwise provided in this Agreement, you
agree, during the term of this Agreement, that we may revise the terms and conditions
of this Agreement and/or change the services provided under this Agreement at any
time. Any such revision or change will be binding and effective ten (10) calendar
days after the revised Agreement or change to the service(s) is posted on the ExpiredDomainHunter.com
website. You agree to periodically review our website, including the current version
of this Agreement available on our website, to be aware of any such revisions. We are not bound by and
you may not rely on any representation concerning this Agreement or our services
made by: (i)any agent, representative or employee of any third party that you may
use to apply for our services; or (ii) information posted on our Web site of a general
informational nature.
4. Modifications to your account.
In order to change any of your account information
with us, you must use your email and the password that you selected when
you created your ExpiredDomainHunter.com account. Please safeguard this information from
any unauthorized use. In no event will we be liable for the unauthorized use or
misuse of your account name or password.
5. Prohibited Conduct.
You agree that you will only use our services for lawful
purposes.
6. Notices and Announcements.
You authorize us to notify you as our customer of
information that we deem is of potential interest to you. Notices and announcements
may include changes, upgrades, new
products and services or other information pertaining to services and/or other relevant
matters. If you do not wish to receive these email notices or announcements
please de-select such options from your ExpiredDomainHunter.com account.
7. Limitation of Liability.
To the extent permitted at law, ExpiredDomainHunter.com
and its partners and contractors will not be liable for any direct, indirect, incidental,
special or consequential damages resulting from your use or inability to use any
of the ExpiredDomainHunter.com services or for the cost of procurement of substitute
services. We disclaim any and all loss or liability resulting from, but not limited
to: (i )any third party claims arising from or based on your use of our services;
(ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery;
(iv) acts of God; (v) the unauthorized use or misuse of your Account name or password;
(vi) errors, omissions, or misstatements in any and all information or service(s)
provided under this Agreement; (vii) the deletion of or failure to store data of
any kind; (viii) the development or interruption of your website; You agree that our entire liability, and your exclusive remedy, with respect
to any ExpiredDomainHunter.com service(s) provided under this Agreement and/or for any
breach of this Agreement is solely limited to the amount you paid for such service(s).
8. Indemnity.
You agree to release, indemnify, and hold ExpiredDomainHunter.com, our employees, officers, directors,
harmless from all liabilities, claims, damages,
costs and expenses, including reasonable attorneys' fees and expenses, relating
to or arising from the ExpiredDomainHunter.com services provided hereunder. When we are
threatened with suit or sued by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a material breach of this Agreement. In addition,
in the event we are made a party to any claim, suit or action by you which is unsuccessful
or by a third party in each case relating to or arising from the ExpiredDomainHunter.com
services provided hereunder, you will reimburse us, at a reasonable rate, for all
personnel time and expenses expended by us in response to such claim, suit or action
including without limitation, all attorney fees and expenses incurred by us with
respect to such response.
9. Breach.
You agree that your failure to abide by any provision of this Agreement,
any ExpiredDomainHunter.com operating rule or policy, or any dispute policy may be considered
by us to be a material breach of this Agreement and that we may, in our sole discretion,
elect to cancel the services without further notice to you.
Any such breach by you will not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach, by you.
10. Release.
You release ExpiredDomainHunter.com, our employees, officers and directors from
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with our services. If you are a California resident,
you waive California Civil Code ยง1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially affected
his settlement with the debtor."
11. Disclaimer.
You agree that your use of our service(s) is solely at your own
risk. You agree that all of our services are provided on an "as is," and "as available"
basis. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS
AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS
OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH
SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ExpiredDomainHunter.com reserves the right to terminate any of its services at any time,
with or without notice to you.
12. Severability.
You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision will
be construed consistent with applicable law as nearly as possible to reflect the
original intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
13. Entirety.
You agree that this Agreement and the privacy statement are the complete
and exclusive agreement between you and us regarding our services. This Agreement
and the privacy statement supersede all prior agreements, representations and understandings,
whether established by custom, practice, policy or precedent.
14. Non-Assignment.
Your rights under this Agreement are not assignable. Any attempt
by you to assign your rights will render this Agreement voidable at our option.
Any attempt by your creditors to obtain an interest in your rights under this Agreement,
whether by attachment, garnishment or otherwise, will render this Agreement voidable
at our option.
15. Governing Law.
You agree that this Agreement and any disputes hereunder will
be governed in all respects by and construed in accordance with the laws of the
State of California, excluding its conflict of laws rules. You and we each submit to exclusive
subject matter jurisdiction, personal jurisdiction and venue of the courts of the
State of California. You agree that any action, suit or application will be brought and
heard in California.
16. Agreement to be Bound.
By applying for the service(s) of a ExpiredDomainHunter.com
through our online application process, you acknowledge that you
have read and agree to be bound by all terms and conditions of this Agreement and
any pertinent rules or policies that are or may be published by ExpiredDomainHunter.com.