TERMS OF PURCHASE
These Terms of Purchase (the “Terms”) establish the terms under which FrontPage Interactive LLC (“Company”) will sell the purchaser (“Customer”) one or more domain names displayed on brandboat.com (the “Website”). By purchasing one or more of these domain names (each individually and collectively referred to herein as the “Domains”), Customer agrees to be bound by these Terms.
If you do not agree to be bound by these Terms of purchase, do not use this website.
Information Only – No Offer of Sale
BrandBoat.com is a website that displays domain names. The Website and all content on the Website promoting, displaying or advertising domains names are for informational purposes only, and do not, in any way, constitute a binding offer of sale. Your order or inquiry constitutes an offer for purchase, which may or may not be accepted by Company.
DISCLAIMER OF Warranties
Company does not represent or warrant that any or all of the domains names displayed are free from liability, concern or issue with respect to trademark rights held by unrelated third parties. The way Customer chooses to use any domain name purchased may or may not impact Customer liability, if any, for intellectual property infringement, trademark or service mark infringement or other violation of applicable state, federal or international law.
THE WEBSITE AND DOMAIN NAMES ARE PROVIDED “AS-IS” AND COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE WEBSITE AND PURCHASE AND/OR USE OF ANY DOMAIN NAME IS AT CUSTOMER’S OWN DISCRETION AND RISK, AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR OTHER HARM OF ANY KIND THAT MAY RESULT THEREFROM. COMPANY WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY BY REASON OF ANY ACQUISITION OR SALE OF DOMAIN NAMES OR OTHERWISE UNDER ANY CIRCUMSTANCES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
No Refunds – All Sales Are Final
Your decision to purchase one or more domain names from Company is a binding transaction and all sales are final. Company will not issue any refunds under any circumstances. All sales are final, and will be deemed completed upon receipt of payment from Customer. Purchasers are advised to perform all necessary diligence prior to making a purchase.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPANY HARMLESS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES AND LIABILITIES INCURRED AS A RESULT OF CUSTOMER USE AND/OR OWNERSHIP OF ANY DOMAIN NAME, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS OR LIABILITIES THAT MAY HAVE OCCURRED PRIOR TO CUSTOMER PURCHASE OF THE DOMAIN NAME(S). THE FOREGOING APPLIES EVEN IF, BY TECHNICAL MALFUNCTION OR OTHER REASON OR CAUSE, RECORDED OWNERSHIP OF THE DOMAIN NAMES IS NOT TRANSFERRED TO CUSTOMER PRIOR TO THE DATE THE CLAIM, LOSS OR LIABILITY IS FILED, BROUGHT OR INCURRED.
Renewal of Domain NAMES
Each domain name has an established registration cycle after which time the domain will expire if it is not renewed. Domain names that are sold by Company and transfers to Customer are done so for their current period of registration only. Once a Customer is deemed to have taken possession of a domain name, it becomes the Customer’s sole responsibility to renew each domain name prior to expiration in order to retain ownership. If Customer fails to renew any domain name that Customer has purchase from Company, Customer may lose their rights in the domain names. Company has no obligation whatsoever with respect to renewal of Domains that Customer purchases or acquires through the Website or any other means.
Customer agrees to provide Company with complete and accurate contact and other personal information as may be required by Company in connection with domain name purchases and transfers. Customer’s failure to comply with this obligation may not impact the sales transaction of the domain name or any other provisions set forth in these Terms, however, inaccurate or fraudulent information may delay or inhibit the transfer of the domain name from Company to Customer.
Governing Law AND Consent to Jurisdiction
These Terms of Purchase and any action related hereto will be governed by the laws of the Northern District of the State of Illinois, County of Lake, without regard to, or application of, its conflict of law provisions. All claims, disputes, legal proceedings or litigation arising in connection with the Website or the domain names to which Company is a party will be brought solely in Illinois, and by accessing the Website and/or purchasing any domain name(s) Customer consents to the jurisdiction of and venue in the state and federal courts of the State of Illinois and waive any objection as to inconvenient forum.
These Terms of Purchase constitute the entire agreement and understanding between Customer and Company concerning the purchase of domain names or other services. Each provision of these Terms will be construed as independent of, and severable from, every other provision. If any provision of these Terms is deemed unlawful in any way, such provision will be deemed interpreted and/or modified to as necessary to make such provision lawful or, if such construction is not permitted or available, the offending provision will be deemed stricken herefrom and the remainder of these Terms will continue in full force and effect.
The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance.
BrandBoat.com is an online marketplace offering ready-made premium branding solutions for business including unique business names and brandable domain names. BrandBoat.com is owned and operated by:
FrontPage Interactive LLC
823 E. Orchard Street
Mundelein, IL 60060 USA