Part IV — Buyer Obligations
11Buyer Due Diligence
THE BUYER ASSUMES SOLE AND COMPLETE RESPONSIBILITY FOR CONDUCTING ALL DUE DILIGENCE PRIOR TO ACQUISITION, INCLUDING BUT NOT LIMITED TO: TRADEMARK CLEARANCE IN ALL RELEVANT JURISDICTIONS; DOMAIN HISTORY, BACKLINK PROFILE, AND PRIOR-USE REVIEW; ASSESSMENT OF ANY PRIOR UDRP PROCEEDINGS, LITIGATION, OR REGULATORY ACTION INVOLVING THE DOMAIN; LEGAL, REGULATORY, AND COMPLIANCE REVIEW FOR THE BUYER'S INTENDED USE; TAX ANALYSIS AND STRUCTURING; AND ANY OTHER INVESTIGATION OR PROFESSIONAL CONSULTATION THE BUYER DEEMS APPROPRIATE. THE SELLER MAKES NO REPRESENTATIONS REGARDING THE RESULTS OF ANY SUCH DUE DILIGENCE. THE BUYER IS SOLELY RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH ITS DUE DILIGENCE.
12Buyer Representations and Warranties
By proceeding with an acquisition through GoDaddy/Afternic, the buyer represents, warrants, and covenants that: (a) the buyer has full legal capacity, power, and authority to enter into and perform the transaction, and if acting on behalf of an entity, is duly authorized to bind that entity; (b) the acquisition does not violate any applicable law, regulation, court order, or contractual obligation binding on the buyer; (c) the buyer has independently evaluated the Domain and is not relying on any representation by the seller beyond those expressly stated in this Notice; (d) the buyer's intended use of the Domain will not infringe any third-party intellectual property rights; (e) the buyer is not acting on behalf of any person or entity that is the subject of applicable sanctions, export controls, anti-money-laundering restrictions, or any debarment or exclusion list; and (f) the buyer accepts the Domain in its "as is" condition and waives all claims arising from any condition of the Domain not expressly warranted herein.
13Compliance — Sanctions, AML, and Export Controls
All transactions are subject to applicable U.S. and international law, including without limitation: Office of Foreign Assets Control (OFAC) sanctions regulations; the Bank Secrecy Act and related anti-money-laundering requirements; U.S. export control laws and regulations; and all other applicable federal, state, and international laws. GoDaddy/Afternic may delay, suspend, or decline any transaction to ensure legal compliance. The seller shall not be liable for any delay or failure resulting from compliance reviews, regulatory requirements, or enforcement actions applied by GoDaddy/Afternic, any governmental authority, or any payment processor.
Part V — Liability and Legal
14Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER AND ALL RELATED PARTIES — INCLUDING THE SELLER'S HEIRS, AGENTS, REPRESENTATIVES, AND ASSIGNS — SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO: ACCESS TO OR USE OF THIS SITE; RELIANCE ON ANY CONTENT HEREIN; THE AVAILABILITY, UNAVAILABILITY, OR WITHDRAWAL OF THE DOMAIN; ACTS OR OMISSIONS OF GODADDY/AFTERNIC OR OTHER THIRD PARTIES; OR ANY COMPLETED OR UNCOMPLETED TRANSACTION INVOLVING THE DOMAIN — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL CASES, THE TOTAL AGGREGATE LIABILITY OF THE SELLER TO ANY VISITOR OR PROSPECTIVE BUYER SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00) OR THE MINIMUM AMOUNT PERMITTED BY APPLICABLE LAW, WHICHEVER IS LESS. NOTHING IN THIS NOTICE EXCLUDES OR LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15Indemnification
You agree to indemnify, defend, and hold harmless the seller and all related parties from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses — including reasonable attorneys' fees and court costs — arising out of or related to: (a) your access to or use of this Site; (b) your breach of any provision of this Notice; (c) your actual or alleged violation of any third-party rights, including intellectual property rights; (d) your actual or alleged violation of any applicable law or regulation in connection with the Domain or its intended use; or (e) your breach of GoDaddy's or Afternic's terms of service in connection with any transaction.
16No Investment, Legal, or Tax Advice
Nothing on this Site constitutes investment advice, legal advice, tax advice, financial advice, or any other form of professional advice. All statements on this Site regarding domain name value, market conditions, industry trends, commercial opportunity, or competitive positioning reflect the seller's opinion only and do not constitute representations of fact or guarantees of any kind. Prospective buyers are solely responsible for conducting independent analysis and engaging qualified legal, tax, financial, and business advisors before making any acquisition or financial decision.
17Third-Party Platforms and Service Providers
The seller does not control, operate, endorse, or guarantee the performance, availability, terms, pricing, policies, or reliability of GoDaddy, Afternic, any domain registrar, any registry, any payment processor, or any other third-party service provider involved in or ancillary to a domain name transaction. The seller is not a party to any agreement between the buyer and GoDaddy/Afternic. Any dispute arising from the transaction platform, payment processing, transfer mechanics, or GoDaddy/Afternic policies is a matter solely between the buyer and GoDaddy/Afternic.
18Third-Party Links
Links to Afternic, GoDaddy, or any other third-party website are provided for the Visitor's convenience only. The seller does not endorse, control, or assume responsibility for the content, availability, accuracy, security, or privacy practices of any linked site. Accessing third-party sites is at your own risk and subject to those sites' own terms of service and privacy policies.
19Governing Law and Dispute Resolution
This Notice is governed by the laws of the State of North Carolina, United States, without regard to its conflict-of-law principles, except to the extent that GoDaddy's or Afternic's applicable terms govern disputes arising from any transaction conducted through their platform. Any dispute arising under this Notice that is not subject to GoDaddy/Afternic terms shall be resolved exclusively in a court of competent jurisdiction, and you hereby consent to personal jurisdiction in connection with any such dispute. Notwithstanding the foregoing, the seller reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect the seller's rights or property.
20Severability, Waiver, and Entire Notice
If any provision of this Notice is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect without modification. The failure of the seller to enforce any provision of this Notice on any occasion shall not constitute a waiver of that provision or of the seller's right to enforce it on any future occasion. This Notice constitutes the entire disclaimer applicable to this Site and supersedes all prior versions, communications, and understandings relating to its subject matter.