TERMS OF USE


Welcome to the website DomainRunway.com (the “Website”).


Acceptance of Terms

By accessing this Website or using the Service, whether as a registered or unregistered user, you agree to be bound by and comply with the following Terms of Use including the Privacy Policy (the “Terms of Use”). Please read the Terms of Use carefully.  If you do not agree with these Terms of Use, you are not permitted to use this Website or the Services in any way and must cease accessing the Website and the Services immediately.  

The Terms of Use govern your use of the Website and of the Services made in any way whatsoever and constitute a binding agreement between you and the Company. You confirm that you have read, understood and agreed to the Terms of Use.

The Company reserves the right, at its own discretion, to update and modify these Terms of Use at any time without prior notice, and by using this Website or the Service you agree to be bound by and comply with such modifications.


Intended Use


Our aim is to allow users to purchase domain names which they may be interested in (the “Service”). Any products or services advertised at this site are by and remain the sole responsibility of the respective product vendors and service providers.


Purchase Terms


You ("BUYER") agree to the following terms offered by the Company, in connection with the purchase of a Domain Name for the Purchase Price quoted by you and accepted by the Company.


The Purchase Price BUYER has quoted is non-exclusive and valid for a period of seven calendar days. Acceptance of any offer is solely contingent on receipt of payment in full in the manner stated below. Prior to performance of BUYER's payment obligation hereunder, the Company retains the right to offer and sell the Domain Name to any third party at the Company's sole discretion.


Upon Company's confirmation of receipt of full payment of the Purchase Price and receipt of BUYER's domain registration data (WHOIS data), the Company shall (a) be authorized as agent to transfer the Domain Name to a segregated account with the relevant registrar and to agree on BUYER's behalf to the terms of registration at the registrar, and (b) to establish BUYER as the registrant of the domain name in accordance with the WHOIS data provided, within one business day. The domain name shall be deemed transferred to the BUYER upon the Company:


  1. Providing the BUYER with the login and password required to access the segregated registrar account, by which the BUYER can change the password to establish immediate exclusive control over and use of the Domain Name; and


  1. Providing the BUYER with a transfer authorization code to enable further transfer to a registrar of BUYER's preference effective immediately in the case of wire transfers. In the case of payment by credit or debit card, the domain name will remain locked against transfer to another registrar for at least 60 days from the date of transfer.


Your receipt of an electronic or other form of order confirmation does not signify any acceptance of your quote, nor does it constitute confirmation of any offer to sell. We reserve the right at any time after receipt of your quote to accept or decline your quote for any reason. We may require additional verifications or information before accepting any quote.


You must be 18 years or older and be a legal resident of the US to submit a quote. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.

BUYER warrants the domain registration data (WHOIS data) includes reliable contact details including: the full name, postal address, e-mail address, voice telephone number, and fax number if available, in compliance with the domain registration terms of the registrar. BUYER warrants that it has full legal capacity to enter into these Terms of Use, and authority to do so on behalf of any registrant identified in the WHOIS data provided by BUYER.

BUYER shall be solely responsible for determining its right to use, and shall be solely liable for its use, mis-use, or any action by BUYER causing impairment or loss of the Domain Name subsequent to transfer thereof to BUYER. BUYER shall indemnify, defend, and hold harmless the SELLER against any loss or damage (including all attorney's fees, costs and other expenses) arising from claims of a third party for conduct arising from BUYER's use of the Domain Name.

Payment


You are solely responsible for any taxes on amounts you may pay or obtain through the Site. We will deduct applicable charges and taxes from any payable amounts, as required by law.


Cancellation may be subject to cancellation fees. Please see the Website for more details. We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by authorized use of a credit card, debit card, or other payment method.


Failure of payment of the Purchase Price within the time specified shall terminate the transaction, and the Company shall have no obligation thereunder.

 

No Abuse or Interference


Any use of the Website or of the Service other than the Intended Use and unless expressly authorized by the Company, constitutes a contravention of these Terms of Use. You agree not to abuse, disrupt, or interfere with, the Service in any way, and not to violate these Terms in any way, nor to allow use by others in such a way as to violate these Terms.


In particular, but without limitation, you agree not to do any of the following: (i) use the Website or the Service to engage in any activity that constitutes competition with the Service; (ii) disguise yourself as the Company or any person or entity or misrepresent your affiliation with the Company or any person or entity, or to disguise or misrepresent the origin of any content posted to the Website or made available through the Service; (iii) interfere with the full and complete display of advertisements on the Website pages; (iv) use the Website or the Service as a forwarding service to another website or link to the Website using any non-standard linking method; (v) use any method to intercept or expropriate any system data or information from the Website without the express written permission of the Company; (vi) use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Website web pages or the content contained herein without the express written permission of the Company; (vii) use the Website or the Service in any way to harass another person or entity in any way; (viii) gain unauthorized access to other computers or networks through hacking or other means, or compromise the security of any account or site; (ix) collect or store personal data, or solicit personal identifying information about other Website users unless specifically authorized by such users; (x) transfer any information held by a third party without such party’s knowledge or consent; (xi) engage in any activity that interferes with or disrupts the operation of the Service servers or networks associated with the Service or places an undue burden on it or limits, negatively affects, or interferes with, other users' ability to use the Service or the Website; (xii) make excessive or otherwise harmful automated use of the Website or the Service, including using scripts to add people to your list or to post or send comments; (xiii) transmit spam, bulk, “junk mail” or unsolicited communications, including in particular unsolicited advertising or promotional materials; conduct surveys, questionnaires, competitions, chain letters and "pyramid games/schemes," or any other form of solicitation; (xiv) disseminate, publish or upload any material containing or transmitting software viruses of any kind (including "trojan horses" and "worms") or any other computer code, file, program or routine designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or damage, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of any party; (xv) contravene any requirements, procedures, policies or regulations of networks associated with the Service.


Compliance with Laws

Recognizing the global nature of the Internet, you agree not to use the Service or the Website to engage in any activity that is unlawful under the laws of any jurisdiction to which you or the Company may be subject or that violates any applicable local, state, national, federal or international law, including the rules of any national or other securities commission or exchange.

In particular, you agree to comply with all applicable laws and rules regarding online conduct, acceptable content and the transmission and export of technical data.

The Company reserves the right to report any wrongdoing that the Company may become aware of to the applicable government agencies or to take other appropriate action permitted by law.

No Resale of Service

Unless expressly authorized by the Company, you agree not to make any commercial use of the Service or the Website, including in particular, licensing, sale, transfer or other exploitation  of the content of the Website or the Service, not to make any use other than the Service, and not to engage in any commercial activities within the Service or the Website, including, without limitation, advertising, sale-purchase, and promotion of products or services in any manner such as via hyperlinks to other websites.


No Monitoring of Content and No Endorsement of Links


The Company has no obligation to pre-screen or otherwise monitor any other third-party content available on the Website or accessible through the Service. The Company has no control over the content of any hyperlinked third-party websites and shall have no obligation to review the content of such sites.

The Company makes no representations or endorsements regarding the quality, safety, truth, accuracy, reliability, completeness, condition or usefulness of any third-party content posted on the Website, hyperlinks to third-party websites outside of the Website, or any content posted on third-party websites. The Company is, in particular, not liable for the terms and consequences of any commercial transaction concluded as a result of any advertisement placed on or available through the Website. You agree that you must evaluate, and bear all risks associated with the use of any third-party content or with the use of any third-party websites and if you choose to use such third-party sites, you shall be responsible for reviewing and complying with their terms of use.

You understand that by accessing certain areas of the Website, such as any forum, message-board, or chat-room, or using the Services otherwise than the Monitored Content, you may be exposed to content that is inaccurate, misleading, objectionable, offensive, indecent or otherwise inappropriate, especially for children.


Termination of Service to You

You agree that the Company may, immediately and without notice, suspend your access to all or part of the Service if the Company in its sole discretion determines that you have violated these Terms. Further, you agree that Company shall not be liable to you or to any third party for suspending or terminating your access to the Service or for removing any content.

You may discontinue your participation in and access to the Service at any time but will remain liable for any outstanding charges due to the Company.

Modifications to Service

The Company reserves the right, in its sole discretion and at any time, to modify, suspend or discontinue the Service or any part thereof, with or without notice to you, to remove any content whatsoever, and to restrict any activities, services or access thereto.

You agree that the Company shall have no liability for any modification, suspension or discontinuance of the Service. The Company shall have no liability for any scheduled or unplanned system outages, including due to any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Website and the Service, and in particular for the resulting unavailability of the Website, any resultant loss of data or any resultant delay or non-delivery of information.

Intellectual Property of the Company

You acknowledge and agree that the Company owns all right, title and interest, including without limitation all intellectual property rights – meaning any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide – in and to the Website and the Services, including the Website name and software used to operate the Website and the Services and including all content of the Website and the Services other than content owned by third parties, whether or not copyright notice has been included in relation to specific information. The Website and all content thereof is protected by United States and international copyright and trademark laws.

You acknowledge and agree that the Company’s name and the Company’s logo are trademarks of the Company. You are not authorized to use any such trademarks, or any other trademarks of the Company, whether registered or unregistered. Ownership of all such trademarks and the goodwill associated therewith remains with Company.

Nothing in these Terms, on the Website or in the Service shall be construed as granting any right or license with regard to any content, material or trademark contained, used or displayed on the Website or through the Service without the express prior written permission of the rights owner.

You agree not to (i) copy, reprint, reproduce, publish, adapt, modify, translate, distribute, transmit, display, perform, prepare derivative works from, any parts of the Website or the Services or content appearing therein, in any form elsewhere, without expression prior written consent of the Company; (ii) reproduce, decompile, reverse engineer, disassemble, modify, create derivative works from, or in any way attempt to derive source code from, the Service or related software or the Website or related software or content, in whole or in part; (iii) remove, obscure, or alter the Company’s copyright notice, trademarks, or other proprietary rights notices or legend contained within the Website or the Service. We specifically permit links to the Website from other websites.

Intellectual Property of Third Parties

You acknowledge and agree that rights in any third-party content (including any content licensed by the Company, advertisements etc.) presented to you through the Service or contained on the Website or in any other websites to which this Website links, including copyright, trademarks, logos, service marks, patents or other proprietary rights and any other intellectual property rights not owned by the Company, belong to their respective owners.

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

Privacy


Your use of the Service is subject to, and shall be deemed to constitute, your acceptance of the Company's Privacy Policy.


Disclaimer of Warranties


YOU UNDERSTAND AND EXPRESSLY AGREE THAT THE COMPANY PROVIDES THE SERVICES AND THE WEBSITE "AS IS" AND "AS AVAILABLE".


THE COMPANY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CONTENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.


THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE OR THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME, UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE COMPANY MAKES NO WARRANTY THAT ANY DEFECTS OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

The Company makes no warranty as to the results that may be obtained from the use of the Website or the Services or as to the accuracy or reliability of any information obtained through the Website or the Service or as to the quality or safety of any products, services, information, or other material obtained by you as a result of the use of the Website or the Service.

No advice or information, whether oral or written, obtained by you from the Company, through the Website or through the Service shall create any warranty not expressly made herein.


Limitation of Liabilities


Your use of the Website and the Service is at your sole discretion and at your sole risk. You assume the risk of, and will be solely responsible for, any loss or damage that may result from your use of the Website or of the Service.


TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, ATTORNEYS, AGENTS, LICENSORS, LICENSEES, SUPPLIERS OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY OR SUCH OTHER PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING OUT OF YOUR OR ANY THIRD PARTY’S USE OR MISUSE OF THE SERVICE OR THE WEBSITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.


Such limitation of liability shall apply whether the damages arise from the use or misuse of and reliance on the Service or the Website, from the inability to use the Service or the Website, from the interruption, suspension, or termination of the Service or the Website (including such damages incurred by third parties); unauthorized access to or alteration of your transmissions or data; loss of data or any damage to your computer system; statements or conduct of any third party on the Website or through the Service; any third-party content or code obtained or retrieved via the Website or through the Service (including content retrieved into your browser's cache); any information, products or services advertised, obtained or otherwise made available through the Website or the Service; any other matter relating to the Website or the Service.


The Company neither assumes, nor authorizes any other party to assume on its behalf, any other liability in connection with the Website and the Service other than as set forth herein.


Notwithstanding the foregoing, the total cumulative potential liability of the Company to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to the Company for your use of the Website or the Service.


This disclaimer is made, and liability is limited, to the fullest extent permitted by law. Some jurisdictions may not allow the disclaimer of certain warranties or the exclusion or limitation of liability for incidental or consequential damages, in which case some of the limitations, exclusions and disclaimers in these terms may not apply to you. To the extent that the Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law.


Indemnification


You are solely responsible for your actions when using the Website and the Service. You agree to indemnify, defend, and hold harmless the Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, advisors, agents and shareholders from and against any and all claims, demands, actions, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees), royalties and liabilities of any kind and of any nature that may be incurred as a result of or arising from or in connection with: (i) any information posted on the Website or made available through the Service by you; (ii) your use of the Website or the Service; (iii) your violation of these Terms; (iv) your violation of any applicable laws; (v) your violation of any rights of any third party.

The Company shall conduct its defense in any such third-party claim or proceeding in its sole discretion and you shall fully cooperate with the Company for such purpose.

Choice of Law and Forum


The substantive laws of the State of New Jersey, USA, shall govern the Terms of Use and the relationship between you and the Company and any other matter connected with, or deriving from, the Website or the Service, notwithstanding your actual place of residence. The competent courts located in the District of New Jersey, USA, shall have exclusive personal jurisdiction over any lawsuits arising from or relating to these Terms or your use of the Website or the Service and you hereby agree to submit to the exclusive personal jurisdiction of such courts for such purpose.

You agree that regardless of any statute or law to the contrary but to the extent permitted by law, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General Provisions


Entire Agreement. These Terms of Use and any documents expressly incorporated by reference, including the Privacy Policy, constitute the entire agreement between you and the Company with respect to the subject matter hereof, and, unless otherwise specifically stated in writing, there are no other terms, conditions, or obligations between the parties relating to the use of the Website or the Service, other than those contained in these Terms.

Relationship. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms between you and the Company. The agreement pursuant to these Terms is between you and Company and is not intended to be for the benefit of any third party, and no third party shall have any right to enforce any term hereof.

If any dispute arises between you and any third party, you understand and agree that the Company is under no obligation to become involved and you hereby release the Company from any and all liability arising out of, or in any way related to, such disputes as set forth in the Limitation of Liability section above.

Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

Survival. Any protection of intellectual property rights, any of your representations and warranties and any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.

Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, any other provisions of these Terms will continue in full force and effect and you agree that the court should endeavor to give maximum effect to the parties’ intentions as reflected in the provision.


Waiver. Any waiver of any provision of these Terms will be effective only if made in writing and signed by the Company; any delay or failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


Assignment. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of the Company. The Company may, at any time, assign its rights or delegate its obligations hereunder without notice to you.


Notices


The Company shall be permitted to send notices to you by posting a notice on the Website (deemed received on your accessing the Website or using the Service) or via e-mail to the address that you provided (deemed received on the following day).