ANOTHER.COM TERMS OF SERVICE
1. Definitions. Except as specifically noted otherwise herein, the following additional terms and conditions apply to you if you use the ANOTHER.COM service in any way. The term “Buyer” means any person or entity that uses the ANOTHER.COM to make an offer or inquiry for a domain name. The term “Seller” means the registrant of the domain name and its agents (including the registrant’s administrative contact) that is the subject of an offer or inquiry from a Buyer. The domain name that is the subject of the ANOTHER.COM is referred to as the “Domain Name.” You agree that any offer, inquiry, or other use of the ANOTHER.COM shall be subject to this Terms of Service.
2. Purpose of ANOTHER.COM Service. You acknowledge and agree that the ANOTHER.COM is solely intended to provide the Buyer a means by which the Buyer may communicate an initial offer to Seller. You acknowledge and agree that ANOTHER.COM is not the agent of Buyer, and that the Seller will look solely to the Buyer for fulfillment of the Buyer’s obligations hereunder, and the Buyer will look solely to the Seller for fulfillment of the Seller’s obligations hereunder. Neither the Buyer nor the Seller will look to ANOTHER.COM for the fulfillment of the Buyer’s or the Seller’s obligations. ANOTHER.COM’s role in the ANOTHER.COM is that of sending communications from the Buyer to the Seller. You acknowledge and agree that ANOTHER.COM is not a broker and will not negotiate on behalf of either party. You further acknowledge and agree that nothing in this Terms of Service or on our website shall be construed to mean that the Domain Name can be or is being assigned from one registrant to another – all Domain Name transfers are outside the scope of this Terms of Service.
3. Third Party and Other Factors; No liability for Failed Transactions. You acknowledge and agree that the successful communication with Seller is dependent upon many factors that are not within the control of ANOTHER.COM, and that ANOTHER.COM shall not be liable for the failure to provide any service, in whole or in part (including but not limited to failure of Seller to receive offer made by Buyer).
4. Indemnification by You. You agree to indemnify, defend and hold harmless ANOTHER.COM, its parent and subsidiary companies, and their respective officers, directors, members, shareholders, affiliates, agents, employees and assigns from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of your use of the ANOTHER.COM.
5. Your Representations and Warranties; Intellectual Property Rights; Our Disclaimer.
You represent and warrant that your use of the ANOTHER.COM, including but not limited to your to purchase the Domain Name will not and does not infringe the rights of any third party (including but not limited to the intellectual property rights of any third party). We make no representation or warranty as to the status of the Domain Name, including whether or not the Domain Name or your actions in attempting to purchase the Domain Name infringes or will infringe on any other party’s rights. It is your responsibility to ensure that the Domain Name and your actions do not and will not infringe on any other party’s rights.
6. Additional Terms.
A. ANOTHER.COM Offer Fee; Non-Refundable. You will use the ANOTHER.COM to make an offer via email to a Seller to pay to the Seller the offer price selected by you (the “Offer Price”). You will pay the non-refundable ANOTHER.COM offer fee (the “Offer Fee”) set forth on our website at the time you make your offer. This Offer Fee will be paid by you via credit card or PayPal balance and is non-refundable regardless of whether or not your offer is accepted by the Seller or the Domain Name is later transferred to you.
B. Nature of Your Offer. In case we do not own the domain – or the domain in question is outside of our network – we will send your offer via email to the email address of the administrative contact of the registrant as reflected in the WHOIS database of the registrar currently sponsoring the Domain Name, or other email address if so designated to us by the Seller. You acknowledge that the information in the WHOIS database might not be accurate and that we have no obligation to and will not confirm the accuracy of any WHOIS information. The full extent of our service is the attempt to deliver your offer to Seller. Any further communication between you and Seller is beyond the scope of this service.