Terms of Service
1. FOLLOWING ARE THE TERMS ON WHICH GoForThe.com OFFERS YOU ACCESS TO OUR WEB SITE AND SERVICES.
This is the User Agreement (the “Agreement” or “User Agreement”) for your use of web sites owned or operated by, and services offered by GoForThe.com. This Agreement contains the terms and conditions (“T&C”) applicable to your use of our services (“Service” or “Services”) available under or through the domain, sub-domains, and affiliated domains of www.GoForThe.com.com (collectively, the “Site”) and the general principles for the web sites of our international affiliates. IF YOU (“YOU” OR “USER”) DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR ACCESS OUR SITE OR SERVICES.
2. ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
3. MODIFICATION OF THIS AGREEMENT
GoForThe.com may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective at 12:01 AM on the Effective Date, which in most cases will be no less than 30 days after the amended terms are initially posted on the Site or upon your access to the Site and Services after the posting date, whichever occurs first. The posting date and effective date for this Agreement are noted at the top of this document. Except as provided in this Section 2, this Agreement may not be amended or modified except in a writing signed by you and GoForThe.com.
4. DESCRIPTION OF SERVICE
GoForThe.com provides domain name brokerage and transaction management services for domain name sales and leases wherein sellers finance the total purchase price over a series of scheduled monthly payments. Through the duration of the transaction (while making payments) GoForThe.com allows the BUYER to utilize the domain by pointing the DNS to BUYERs requirements. GoForThe.com provides continual monitoring of the BUYERs use through the duration of the scheduled payments (transaction) to secure the domain.
5. ESCROW PARTNERSHIPS
6. LEGAL RELATIONSHIP AS BETWEEN BUYER, SELLER, AND GoForThe.com
GoForThe.com is neither the owner (seller) nor BUYER of the Domain, nor does it have any influence or control on the business conducted among BUYERs and sellers. As such shall not be liable for any violations of intellectual property rights, rights of the use of a name, trademark rights or other ways the domain is used by the BUYER. BUYER and seller agree that GoForThe.com shall not be held responsible for the failure of either party to a purchase and sale agreement to follow through with their obligations under their agreement and that GoForThe.com, as the neutral facilitator of the Domain Escrow, and associated Services, shall not be subject to any claims arising from the attempted purchase and sale of Domains.
7. GoForThe.com’S RIGHT TO CANCEL TRANSACTIONS
GoForThe.com reserves the right at GoForThe.com’s sole discretion to cancel an escrow transaction at any time, including, but not limited to, if the offered Domain or Web Project infringes the intellectual property rights or other rights of a third party. If the Transaction is cancelled, any contractual relationship between the seller and the BUYER will cease.
8. FEES AND RELATED COSTS
Unless otherwise agreed upon by each user in the transaction, BUYER agrees to pay the fees for the services that are disclosed on the site at the time the completed transaction escrow instructions are agreed to by all such Users. All GoForThe.com fees are combined with the monthly payments and are deducted prior to transferring payments to seller. Once paid, GoForThe.com fees are nonrefundable. GoForThe.com fees may change from time to time in GoForThe.com’s absolute and sole discretion. GoForThe.com is not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any items purchased or sold through the services or otherwise arising from the Transaction. Additionally, GoForThe.com is not responsible for any other additional costs associated with the retention and/or use of the domain including domain renewals, hosting, or other fees.
9. MANAGEMENT OF THE DOMAIN TRANSFER PROCESS
9.1. REACHING AN AGREEMENT
In the event that a sale or lease agreement has been reached between the BUYER and the seller, GoForThe.com shall provide a standard contract for BUYERs and sellers that is tailored to the terms of sale or lease of the Domain as agreed upon by BUYER and seller. Depending upon the processing stage of the transaction, the other User’s respective data may be made anonymous until the transaction is complete. Should either party fail to meet to their obligations under the respective agreement, the identity of the breaching User shall be provided to the injured User upon request.
9.2. OBLIGATION OF BUYER TO MAKE INITIAL PAYMENT TO DESIGNATED ESCROW ACCOUNT
After reaching agreement and completing the contract for the sale or lease of a Domain, GoForThe.com or GoForThe.com’s escrow agent shall contact the BUYER via email to request the transfer of the amount due to GoForThe.com or GoForThe.com’s escrow agent’s escrow account, where it will be safeguarded until transfer of Domain ownership to GoForThe.com has been completed. Upon said request, the BUYER is obligated to remit payment of the amount owed to GoForThe.com or GoForThe.com’s escrow agent’s escrow account.
9.3. TRANSFER OF DOMAIN AND/OR INTERNET PROJECT
Once the full amount of the initial payment owed has been received by GoForThe.com or GoForThe.com’s agent, the process of transferring ownership of the Domain from the former owner (seller) to GoForThe.com (or GoForThe.com’s agent) shall commence. GoForThe.com shall then instruct the seller of the Domain as to the required steps and best practices involved in the technical domain name registration transfer process. GoForThe.com can only ensure the prompt and orderly transfer of Domain ownership if Zenscorw’s instructions to the seller are strictly followed. As such, the seller is obligated to provide the required cooperation to GoForThe.com. Failure to cooperate may be considered by the injured party as a material breach of the relevant purchase and sale agreement.
9.4. PAYMENTS MANAGEMENT AND TRANSFER
All subsequent payments are collected from BUYER according to the repayment schedule of the sale or lease agreement and transferred to seller by GoForThe.com or GoForThe.com’s agent. While GoForThe.com will send notice of payment due to BUYER, it is BUYER’s sole responsibility to pay on a timely basis according to the agreed upon payment schedule.
9.5. DNS SETTINGS MANAGEMENT
DNS settings are managed by GoForThe.com or GoForThe.com’s agent during the transaction period. BUYER can request a change of DNS settings by sending a written request to GoForThe.com or GoForThe.com’s agent. All DNS settings change requests must be approved by GoForThe.com and are subject to a $25.00 fee. In order to be approved the new web resource must fall within GoForThe.com’s use and development guidelines.
9.6. USAGE AND USE GUIDELINES OF DOMAINS
seller agrees to allow BUYER full use of the domain name throughout the duration of BUYER’s repayment period provided development and use of the domain name are within GoForThe.com’s Use and Development Guidelines which can be found here: http://www.GoForThe.com.com/useage-guidlines.html. BUYER and seller agree that GoForThe.com has the sole authority to determine any violation(s) to GoForThe.com’s Use and Development Guidelines as well as oversee corrections to said violation(s). Further BUYER and seller agree that all notifications of violation(s) to BUYER shall be done through GoForThe.com.
BUYER shall have a maximum of two (2) business days from the notification of violation(s) to correct said violation(s). Should BUYER fail to correct violation(s) within the time allotted, GoForThe.com shall assume control of the domain and change the DNS settings to point to a holding page.
GoForThe.com shall reinstate the BUYERs right to use and access the domain after BUYER submits proposed corrections to violations and a fee of $249.99 to GoForThe.com. GoForThe.com shall review the proposed corrections and, should they comply with GoForThe.com’s Use and Development Guidelines, change the DNS to point back to BUYERs designated resource. BUYER and seller agree that GoForThe.com has sole discretion in any decision regarding the reinstatement of a BUYERs right to use and access the domain.
9.7. SUCCESSFUL TRANSFER AND PAYMENT OF PURCHASE PRICE
Upon successful transfer of the total purchase price of the domain, or for leases the last scheduled lease payment, GoForThe.com (or GoForThe.com’s agent) shall transfer ownership of the domain to the party specified in the sale or lease agreement.
9.8. DEFAULT POLICY
This agreement will be considered to be in default if the BUYER fails to make a payment in accordance with the terms of the repayment period as outlined in Section 4 of this agreement. GoForThe.com shall notify BUYER via email of BUYER’s default, and allow BUYER ten (10) business days to cure said default. Should BUYER fail to cure said default, GoForThe.com will terminate this agreement and transfer ownership of the domain to seller. Seller will retain all previous payments received over the course of this agreement. If the Transaction is terminated, any contractual relationship between the seller and the BUYER will cease.
9.9. PROOF OF PURCHASE/REQUESTS FOR TAX INFORMATION
GoForThe.com is neither the BUYER nor seller in a Domain purchase and sale transaction. As such, if the BUYER requires an invoice of the purchase and sale transaction or is required to request tax information from the seller, such as a form W-9, the BUYER needs to inform GoForThe.com of this request as soon as an agreement has been reached between the BUYER and seller. GoForThe.com will then communicate the request to the seller. The seller agrees that he/she will comply with such request if the request is promptly made at the beginning of the transfer.
9.10. PENALTIES FOR FAILING TO PERFORM OBLIGATIONS
GoForThe.com reserves the right to cancel the escrow and transfer of domain ownership if one of the parties to the purchase and sale agreement fails to fulfill its obligation to cooperate in the transfer process after two (2) requests are made by GoForThe.com via the email addresses provided in his/her user account (“Failed Transfer”).
In the case of a Failed Transfer, GoForThe.com reserves the right to collect any applicable commission fee from that party who has violated his/her obligation to cooperate in the completion of the transaction. Furthermore, any claims for damage compensation or contractual performance can be asserted by the non-breaching party against that party which violates his/her obligations under these terms or the terms of the applicable purchase and sale agreement. The BUYER and seller agree that the injured party is entitled attorney’s fees from the other should legal action be necessary to enforce rights pursuant to the purchase and sale agreement.
9.11. DISPUTE BETWEEN THE PARTIES DURING TRANSFER
BUYER AND SELLER AGREE THAT GoForThe.com SHALL NOT BE LIABLE FOR DETRIMENT OR DAMAGES ORIGINATING FROM A FAILED TRANSFER PROVIDED THAT SUCH CLAIMS ARE NOT BASED UPON THE INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF GoForThe.com, ITS STATUTORY REPRESENTATIVES OR VICARIOUS AGENTS.
This shall apply particularly in cases in which either the BUYER or seller rejects the proper completion of transfer-related documents, impedes the execution of the transaction in another way, or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.
10. DISCLAIMER OF WARRANTIES BY GoForThe.com
GoForThe.com shall dedicate itself to the secure transfer of ownership of a Domain and payment of the purchase price after an agreement has been reached between the BUYER and the seller.
GoForThe.com IS NOT THE SELLER, AND AS SUCH, MAINTAINS NO DUTY TO VERIFY THAT THE DOMAIN NAME AND/OR INTERNET PROJECT BEING SOLD AND TRANSFERRED DO NOT VIOLATE THE PRIORITY RIGHTS OF ANY THIRD PARTIES AND THUS MAKES NO WARRANTIES AS TO THE EXISTENCE OF CONFLICTING PRIORITY RIGHTS OF ANY THIRD PARTIES.
The BUYER and seller agree that the Domain Transfer and Escrow service does not include an examination or verification of the existence of any conflicting priority firm name, naming or trademark rights, or other rights of third parties.
FAILURE TO PERFORM AN EXAMINATION OF THE DOMAIN NAME AND/OR INTERNET PROJECT FOR THE EXISTENCE OF CONFLICTING RIGHTS, INCLUDING, BUT NOT LIMITED TO, PRIORITY OWNERSHIP RIGHTS, TRADEMARK RIGHTS, AND/OR VIOLATION OF APPLICABLE LAW, IS THE SOLE RESPONSIBILITY OF THE BUYER AND SELLERr.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. GoForThe.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GoForThe.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND GoForThe.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY GoForThe.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL GoForThe.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY AND ALL DAMAGE TO THE DOMAIN NAME DUE TO BUYERS MISUSE (INTENTIONAL OR UNINTENTIONAL) OF THE DOMAIN NAME DURING THE TRANSACTION PAYBACK PERIOD, (X) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT GoForThe.com IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL GoForThe.com’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
12. COMPLIANCE WITH LOCAL LAWS
GoForThe.com makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
13. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY