DOMAIN NAME APPRAISAL AGREEMENT
|Last Revised: January 4, 2013
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) HMA Host’s Universal Terms of Service Agreement, and (ii) any limitations, disclaimers or other restrictions presented to you in the Help Articles located on the HMA Host website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.
The terms “we”, “us” or “our” shall refer to HMA Host. 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) HMA Host, 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, HMA Host 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. HMA Host 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or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.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
3. STORAGE; DATA RETENTION
4. LIMITATIONS ON USE; TERMINATION OF SERVICES
If your use of the Appraisal Service exceeds any such limitations, HMA Host 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 HMA Host 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 HMA Host 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
VALUATIONS OF DOMAIN NAMES ARE INHERENTLY SUBJECTIVE BY NATURE, AND MANY CIRCUMSTANCES IMPACT SUCH VALUATIONS, WHICH ARE BEYOND THE KNOWLEDGE OR CONTROL OF HMA HOST. AN APPRAISAL GENERATED BY THE APPRAISAL SERVICE REFLECTS HMA HOST’S ESTIMATED MARKET VALUE OF THE DOMAIN NAME BASED SOLELY ON THE FACTORS INCLUDED IN HMA HOST’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 HMA HOST FROM INDEPENDENT SOURCES. HMA HOST 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 HMA HOST’S ESTIMATED MARKET VALUE OF THE DOMAIN NAME AS OF THE TIME OF THE APPRAISAL. HMA HOST 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. HMA HOST EXPRESSLY DISCLAIMS ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY RELIANCE BY YOU OR ANY THIRD PARTY ON THE APPRAISAL.
HMA HOST, 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
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