Terms of Services
These terms and conditions of use (this "Agreement") are by and between XFINI LLC a Florida limited liability corporation ( owner of NextDomainMarket.com ) and you, Your heirs, agents, successors and assigns ("You" and "Your(s)"), each side a "Party" and together, "the Parties". This Agreement sets forth the terms and conditions of Your purchase or sale of one or more Internet domain names (each, a .Domain Name.) with NextDomainMarket or use of other services (the .Services.) offered on https://www.NextDomainMarket.com (.the Website.), where explains NextDomainMarket obligations to You and Your obligations to NextDomainMarket concerning the Services.
BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS AMENDED FROM TIME TO TIME BY NextDomainMarket IN ITS SOLE AND ABSOLUTE DISCRETION). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT INDICATE YOUR ACCEPTANCE AND DO NOT USE ANY OF THE SERVICES. BY CONTINUING TO USE THE SERVICES OFFERED BY NextDomainMarket FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, NextDomainMarket provides a service through the Website that displays a NextDomainMarket.com web page that NextDomainMarket owns or controls to users who wish to buy, sell or obtain other services offered on this Website; and
WHEREAS, You wish to obtain one or more of the Services;
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration herewith, the receipt, adequacy and sufficiency of which are hereby acknowledged, NextDomainMarket and You, intending to be legally bound, hereby agree as follows:
1 : TERM OF AGREEMENT; MODIFICATION; TERMINATION
You agree that NextDomainMarket may modify this Agreement and the Services from time to time. You agree to be bound by any changes NextDomainMarket may reasonably make to this Agreement when such changes are made. If You have used or purchased Services from NextDomainMarket, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. You agree that NextDomainMarket shall not be bound by any representations made by third parties who You may use to purchase Services from NextDomainMarket, and that any statement of a general nature, which may be posted on the Website or contained in NextDomainMarket's promotional materials, will not bind NextDomainMarket. NextDomainMarket may, at times, offer certain promotions with different charges and features. NextDomainMarket may, in its sole discretion, add, delete or change any of the services provided or fees charged by NextDomainMarket. These will be binding on the date that they become effective, similar to any other revision that is made to this Agreement.
You agree that NextDomainMarket may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services provided by NextDomainMarket under this Agreement immediately and without any notice. Without limiting the foregoing, NextDomainMarket may terminate this Agreement (a) if NextDomainMarket determines in its sole discretion that You have acted inconsistently with the obligations or the spirit of this Agreement or of other NextDomainMarket policies; (b) if NextDomainMarket determines in its sole discretion that You have infringed upon or tried to infringe upon the proprietary rights of others; or (c) if any information that You have provided NextDomainMarket is found in NextDomainMarket.s sole discretion to be false or that NextDomainMarket has been unable to authenticate or verify the veracity of such information.
2 : ELIGIBILITY
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through NextDomainMarket. By filling out the contact form with the intention of making an offer or starting a negotiation, and when you click on the buy button now ou certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources available to honor those obligations that You undertake. NextDomainMarket reserves the right to refuse, limit or restrict any of the Services for any reason, at any time, and in its sole discretion.
3 : INFORMATION AND PRIVACY
4 : ESCROW SERVICE
5 : Cancellation and refund / Inspection period
You agree that the inspection period is 72 hours after you receive the domain, is within these 72 hours that you can request to cancel the operation and receive a refund, previous transfer of domain back to us. after 72h inspection, we concluded our business and we will not accept any refound request.
6 : NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of the Services, You agree not to use them for any purpose that is unlawful or prohibited by this Agreement, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements.
NextDomainMarket se reserva el derecho en todo momento de divulgar cualquier información que considere necesaria para cumplir con cualquier ley, regulación, proceso legal o solicitud gubernamental aplicable, o para editar, rechazar publicar o eliminar cualquier información o material, en todo o en parte, en la exclusiva discreción de NextDomainMarket.
NextDomainMarket. has the right, but not the obligation, to monitor Your use of the Services and may cancel the Services in its sole discretion. NextDomainMarket.t reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
NextDomainMarket reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against NextDomainMarket or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. NextDomainMarket may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels, as determined by NextDomainMarket in its sole discretion.
Except as set forth below, NextDomainMarket may also cancel Your use of the Services immediately and without notice if You are using the Services, as determined by NextDomainMarket in its sole discretion, in association with spam or morally objectionable or illegal activities. Morally objectionable or illegal activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
7 : INTELLECTUAL PROPERTY
You agree that NextDomainMarket, or its third-party licensors, holds all rights, title and interest in the Services and all intellectual property related therewith, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of an interest in or to any aspect of the Services.
You understand and agree that all content and materials contained in this Agreement, other policies, the Website, and any affiliated websites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that NextDomainMarket or its third-party licensors expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of NextDomainMarket or its licensors. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
If You hold or assert any trademark, copyright, or other intellectual property right in or to a Domain Name, or any portion thereof, that is the subject of this Agreement, You do so on Your own behalf and not on behalf of any other person and You hereby waive and forever release NextDomainMarket and its third-party service providers, parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates (collectively, the .NextDomainMarket Related Parties.) from any and all claims arising from such rights. To the extent that such waiver and release of claims is determined to be invalid in whole or in part for any reason.
8 : REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on Your behalf, hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You take is being done in good faith and that You have no knowledge that Your actions in connection with using the Services infringe upon or conflict with the legal rights of a third party or a third party's trademark, trade name, copyright or other intellectual property right.
9 : LIMITATION OF LIABILITY
IN NO EVENT SHALL NextDomainMarket BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SERVICES OR ANY RELATED SOFTWARE, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF NextDomainMarket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, the foregoing limitation of liability shall be restricted only to the extent required by law. You agree that in no event shall NextDomainMarket's maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from NextDomainMarket.
10 : DISCLAIMER OF WARRANTIES
ALL PRODUCTS, SERVICES, INFORMATION, AND DATA PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "WHERE IS" AND WITHOUT ANY WARRANTY OF ANY KIND. NextDomainMarket EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THE QUALITY AND AVAILABILITY OF TECHNICAL SUPPORT. NextDomainMarket ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH ACCESS TO OR USE OF SERVICES UNDER THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, NextDomainMarketFURTHER DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS OR SERVICES PROVIDED BY NextDomainMarket WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES PROVIDED BY NextDomainMarketWILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES PROVIDED BY NextDomainMarket UNDER THIS AGREEMENT WILL OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA; OR THAT YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM NextDomainMarket. YOU ACKNOWLEDGE THAT NextDomainMarket CANNOT AND DOES NOT CHECK TO SEE WHETHER ANY SERVICES OR YOUR USE OF THE SERVICES UNDER THIS AGREEMENT INFRINGE THE LEGAL RIGHTS OF OTHERS.
11 : INDEMNIFICATION
You, at Your own expense, will indemnify, defend and hold harmless NextDomainMarket and the NextDomainMarket Related Parties against any claim, suit, action, or other proceeding brought against NextDomainMarket or any NextDomainMarket Related Party by You or any third party based on or arising from any claim or alleged claim arising out of: any claim or alleged claim arising from this Agreement; a third-party claim that a Domain Name infringes any copyright, trade secret, trademark or other intellectual property right of a third party; or Your use of the Services in any manner inconsistent with or in breach of this Agreement. You will not enter into a settlement or compromise of any such claim without NextDomainMarket's prior written consent, which shall not be unreasonably withheld. Your obligation under this section extends to any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded against or otherwise incurred by NextDomainMarket in connection with or arising from any claim, suit, action or proceeding.
12 : WAIVER
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement through failure to act, delay in action, or otherwise, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given. No waiver of any provision of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing duly executed and delivered.
13 : CHOICE OF LAW; FORUM
This Agreement shall be interpreted and enforced in accordance with the laws of Florida. The Parties agree that any action relating to this Agreement is subject to the exclusive jurisdiction of the federal and state courts of the Miami-Dade County, and further agree to proper venue in those courts. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys' fees, costs and disbursements incurred in connection therewith.
14 : NOTICE
Any notice or other communication required or permitted to be delivered to NextDomainMarket.com under this Agreement shall be in writing and deemed properly delivered by certified mail, return receipt requested, to NextDomainMarket.
Any notice or other communication required or permitted to be delivered to You by NextDomainMarket under this Agreement shall be deemed properly delivered by e-mail to the contact address that You have provided to NextDomainMarket.