Terms of Use
Any use of the DomainAuction.US website is subject to the following terms and conditions ("Terms of Use"). By submitting information to, or accessing information from, or using in any way the DomainAuction.US website or services, you, the customer ("Customer" or "You") agree to the following Terms of Use. These Terms of Use are a legal agreement ("Agreement") between you and Menius Enterprises, Inc. ("DomainAuction.US" or the "Company").
If you do not agree to these Terms of Use, do not submit information to, access information from, or use in any way, the DomainAuction.US website. DomainAuction.US may update these Terms of Use at any time and without notice. The latest version of the Terms of Use is available on the DomainAuction.US website. All questions concerning this Agreement should be directed to: President, Menius Enterprises Inc., 5419 Rambling Rd., Greensboro, NC 27409.
Disclaimer
DomainAuction.US is a free-standing, independently owned and operated, auction portal. DomainAuction.US claims no affiliation with or connection whatsoever to any other website using the second-level domain: "Domain Auction". All rights to the domain name "DomainAuction.US" are reserved in their entirety.
In the event that you have a dispute with one or more users, you release DomainAuction.US (and our officers, directors, agents, subsidiaries and employees) 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 such disputes. If you are a California resident, you waive California Civil Code 1542, 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."
Information
You hereby agree to provide true, complete and correct information to us, and maintain and update that information as circumstances require. Information you provide shall not: be false, inaccurate or misleading; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or you do not have a right to link to or include. DomainAuction.US reserves the right to edit, restrict or remove any content you provide for any reason at any time.
Copyright
The manner in which the content is arranged and assembled (compiled) on this site is the exclusive property of DomainAuction.US (Menius Enterprises, Inc.). By submitting any information or other material to us, you automatically grant DomainAuction.US a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials in any form or medium known or later developed.
Trademarks
"DomainAuction.US" is a trademark of Menius Enterprises, Inc.. All trademarks, service marks, trade names, trade dress and logos displayed on or contained in this site, or in any products or services sold by DomainAuction.US, are the property of DomainAuction.US or others, whether registered or unregistered marks. Nothing on this site or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the written permission of DomainAuction.US or the third party owner of the mark.
Copyright Policy
DomainAuction.US values the copyrighted and trademarked materials it owns and that are owned by others. DomainAuction.US therefore reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. DomainAuction.US may immediately terminate your use of, or access to, the site at any time it decides that you have breached this agreement, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of others. If you believe that any material contained in this site infringes your copyright, you should notify DomainAuction.US of the alleged copyright infringement claim in accordance with the following procedure. Please send any notification of claimed copyright infringement to: President, Menius Enterprises Inc., 5419 Rambling Rd., Greensboro, NC 27409. To be effective, the notification must be in writing and include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for DomainAuction.US to locate the material; contact information of the notifying party, such as address, telephone number and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
Use of Site
DomainAuction.US and its affiliates reserve the right to refuse service, terminate relationships, and/or cancel orders in their discretion, including, without limitation, if DomainAuction.US believes that user's conduct violates applicable law or is harmful to the interests of DomainAuction.US and its affiliates.
DomainAuction.US retains all rights (including intellectual property rights), title and interest in the DomainAuction.US name and all underlying technology and data, including any enhancements and improvements thereto. Customer shall use the DomainAuction.US system solely for their own use and shall not allow others to use the DomainAuction.US system under or through that Customer's account.
Email Communication
DomainAuction.US utilizes email as a primary communication channel with customers. As a Customer, and by submitting your information on the DomainAuction.US website, you hereby acknowledge and grant DomainAuction.US the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes DomainAuction.US determines to be relevant including, but not limited to, system messages, product updates, newsletters, service announcements and other marketing messages. DomainAuction.US will use best efforts to honor Customers' requests to opt-out from receiving emails, but under no circumstances will DomainAuction.US have any liability for sending any email to its users and customers.
Payment Terms
Bidder agrees to pay Menius Enterprises, Inc. for any domain name(s) won in auction using the payment method indicated by Menius Enterprises, Inc. Payment of fees shall not be contingent on any events other than having become the successful bidder of the domain name. Any attorney fees, court costs, or other costs incurred by Menius Enterprises, Inc. in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not completed within the specified time frame, DomainAuction.US can and will utilize all available legal means at its disposal to collect fees owed by winning bidders. The fees paid to DomainAuction.US, Menius Enterprises, or any of its related companies are non-refundable. All sales are final and unconditional. The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly provide the Company with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
Limitations of Liability
THIS SITE IS PROVIDED BY DOMAINAUCTION.US ON AN "AS IS" BASIS. DOMAINAUCTION.US MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ACCESSIBILITY OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOMAINAUCTION.US DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOMAINAUCTION.US WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL DOMAINAUCTION.US LIABILITY EVER EXCEED THE AMOUNT OF FEES SUBMITTED BY A USER FOR A PARTICULAR PRODUCT OR SERVICE OFFERED ON THE SITE.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Greensboro, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
General
This site is created and controlled by Menius Enterprises Inc. in the State of North Carolina, USA. As such, the laws of the State of North Carolina will govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of the foregoing is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter therein. We reserve the right to make changes to our site, these Terms of Use and this Agreement at any time.
Privacy Policy
DomainAuction.US values customer privacy and will never sell, distribute, or share personal identifying information. All email correspondence with DomainAuction.US is treated as confidential.
