These terms and conditions of use (this "Agreement") are by and between XRipe 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 XRipe or use of other services (the Services) offered on https://XRipe, and explains XRipe's obligations to You and Your obligations to XRipe concerning the Services.
BY USING THE SERVICES, SUBMITTING REGISTRATION INFORMATION, CHECKING THE "I AGREE" CHECKBOX AT THE TIME OF REGISTRATION AND/OR EXECUTING THIS AGREEMENT, 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 XRipe 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 XRipe FOLLOWING A CHANGE TO THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO THE CHANGE.
WHEREAS, XRipe provides a service through the Website that displays a XRipe web page that XRipe 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, XRipe and You, intending to be legally bound, hereby agree as follows:
You agree that XRipe may modify this Agreement and the Services from time to time. You agree to be bound by any changes XRipe may reasonably make to this Agreement when such changes are made. If You have used or purchased Services from XRipe, 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 XRipe shall not be bound by any representations made by third parties who You may use to purchase Services from XRipe, and that any statement of a general nature, which may be posted on the Website or contained in XRipe's promotional materials, will not bind XRipe. XRipe may, at times, offer certain promotions with different charges and features. XRipe may, in its sole discretion, add, delete or change any of the services provided or fees charged by XRipe. 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 You will be responsible for notifying XRipe should You desire to terminate Your use of the Services. Notification of Your intent to terminate must be provided to XRipe no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.
You agree that XRipe may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the Services or Products provided by XRipe under this Agreement immediately and without any notice. Without limiting the foregoing, XRipe may terminate this Agreement (a) if XRipe determines in its sole discretion that You have acted inconsistently with the obligations or the spirit of this Agreement or of other XRipe policies; (b) if XRipe 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 XRipe is found in XRipe.s sole discretion to be false or that XRipe has been unable to authenticate or verify the veracity of such information.
Only adults who can form legally binding contracts under applicable law can actively participate in the activities conducted through XRipe. By completing the registration information, by opening an account with XRipe, or otherwise participating in commercial activity conducted through the Website, You 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. XRipe reserves the right to refuse, limit or restrict any of the Services for any reason, at any time, and in its sole discretion.
You agree that all of your registration information is accurate when you created your account and that you will maintain the accuracy of such information.
XRipe has no control over, and specifically disclaims any responsibility for, the accuracy, quality or legality of advertised third-party Domain Names (including but not limited to the validity of any trademark or other intellectual property rights thereto), the truth or the accuracy of the listings, the right or the ability of the listed seller to transfer the Domain Name or the ability of a buyer to consummate a Domain Name transaction. XRipe cannot and does not control whether or not third-party seller(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretenses or making deceitful representations, all of which are borne solely by the buyer or seller, as appropriate. XRipe does not verify or guarantee that users who access the Website are who they claim to be. XRipe encourages You to exercise reasonable, safe business practices as You would with any other commercial activity.
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. You agree that You will not be entitled to a refund of any fees paid to XRipe or to a third party for any Services if, for any reason, XRipe takes corrective action with respect to Your improper or illegal use of the Services.
You agree to not use the Service to submit or link to any Content that is abusive, unlawfully defamatory, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content (except in explicitly designated areas), contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws.
In accessing or using the Service, You agree not to use Tor, a VPN, SOCKS, or any other proxy mechanism ("proxy") that masks your computer's identity on the Internet ("IP address").
XRipe reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in XRipe.s sole discretion.
XRipe has the right, but not the obligation, to monitor Your use of the Services and may cancel the Services in its sole discretion. XRipe reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
XRipe 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 XRipe 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. XRipe 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 XRipe in its sole discretion.
Except as set forth below, XRipe may also cancel Your use of the Services immediately and without notice if You are using the Services, as determined by XRipe 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 tortuous, 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.
XRipe may use a third party payment processor for purchases and subscriptions.
XRipe does not store your financial information. Our payment processor(s) handles all of your financial data in a secure manner on behalf of XRipe.
XRipe will provide you with customer service to resolve any issues relating to your payment transactions for products and/or services offered by XRipe.
Our payment processor(s) is solely responsible for protecting all data in their possession. Our payment processor(s) will maintain commercially reasonable administrative, technical, and physical procedures to protect all of the personal information regarding your purchase transaction(s) that are stored on their servers from unauthorized access and accidental loss or modification.
Our payment processor(s) reserves the right to not authorize or settle any transaction you submit which they believe is in violation of this Agreement, any other agreement, or exposes you, or other users to harm, including but not limited to fraud and other criminal acts. You are hereby granting XRipe and Our payment processor(s) authorization to share information with law enforcement agencies about you, your transactions, or your account if they reasonably suspect that your use of services has been for an unauthorized, illegal, or criminal purpose.
You are responsible for paying for each subscription billing period in advance. Charge-backs, disputes, inaccurate information, fraud, or other billing difficulties may result in your account being banned or suspended, at our sole discretion.
Unless otherwise stipulated, all accounts are granted 30-day Free trial period to test the system and be certain that the services meet their requirements.
Digital purchases of products or services from XRipe are not physical items and therefore cannot be returned nor refunded.
Subscription purchases from XRipe are non-refundable. However, refunds may be granted in exceptional cases, at our sole discretion, within 7 days of purchase and only before account setup (domain hosting, issuing of SSL certificate, software installation, database installation, consultations and other preliminary services that may be necessary for account initial setup) on our server.
Subscription for services can be cancelled or upgraded by subscribers at any time by logging to their accounts and then visiting "My Account/Billing" section.
Cancelled subscription takes effect from next billing circle. Paid, but unused subscriptions are not refundable.
If access to your account is revoked for any reason, under no circumstances will you be eligible for refund.
You agree that XRipe, 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 international copyright, patent, trademark, service mark and trade secret laws, as well as any other applicable proprietary rights and laws, and that XRipe 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 XRipe 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.
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.
IN NO EVENT SHALL XRipe 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 XRipe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some countries or 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 XRipe's maximum aggregate liability exceed the total amount paid by You for the particular Service or Product in dispute purchased from XRipe.
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. XRipe 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. XRipe 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, XRipe FURTHER DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS OR SERVICES PROVIDED BY XRipe WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS THEREWITH WILL BE CORRECTED; THAT THE SERVICES OR PRODUCTS PROVIDED BY XRipe WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SERVICES OR PRODUCTS PROVIDED BY XRipe 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 XRipe. YOU ACKNOWLEDGE THAT XRipe 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.
You, at Your own expense, will indemnify, defend and hold harmless XRipe and the XRipe Related Parties against any claim, suit, action, or other proceeding brought against XRipe or any XRipe 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 XRipe'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 XRipe in connection with or arising from any claim, suit, action or proceeding.
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.
This Agreement, incorporating any other applicable XRipe policies and any modifications that may be made hereto, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
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