Terms & Conditions
Agreement: By using the services of this site you agree to the following terms.
Information on this web site may contain inaccuracies or typographical errors. Information may be changed or updated without notice.
ADNAppraisals.com is owned by F.A.S.T. Company (hereinafter referred to as F.A.S.T. Company).
Welcome to the F.A.S.T. Company, User Agreement (this "Agreement") This Agreement describes the terms and conditions applicable to your use of the services at the ADNAPPRAISALS.COM web site. Throughout this Agreement, you are sometimes identified generally as "User," and sometimes by the word "Seller", "Bidder" or "Buyer", depending upon how you are using our services at particular times. We are sometimes identified by our corporate name of F.A.S.T. Company. By entering or otherwise accessing the ADNAPPRAISALS.COM web site, or using information posted to the web site, you accept the terms and conditions of this Agreement and agree to be bound by them. If you do not accept these terms and conditions you may not access this web site or use the information contained in this web site. If you have any questions, please contact firstname.lastname@example.org.
We may amend this Agreement at any time by posting the amended terms on our site. The amendment shall automatically be effective after they have been posted on our web site. Other than by posting of such revised terms on our web site,this Agreement may not be otherwise amended or modified except in a writing signed by both parties.
1. Eligibility. Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors under any circumstances. If you do not qualify, please do not use our services. F.A.S.T. Company may refuse services to anyone at anytime, at our sole discretion.
2. Appraisals. F.A.S.T. Company is in the business of providing domain name appraisals. Our Appraisals are based on several factors as noted on our web site.
2.1 As used herein the term Appraisal or Appraisals shall mean the document transmitted to you and stored on our server by F.A.S.T. Company (including all headings, narrative, and related information), which sets forth the estimated value of a domain name.
2.2 You agree that you must evaluate, and bear all risks associated with, the use of any Appraisal, including any reliance on the accuracy, completeness, or usefulness of such Appraisal.
3. No Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of an Appraisal, any portion of this site, or access to this site. This includes the domain name Appraisal and any other information contained at ADNAppraisals.com.
4. Values. Appraised values can differ significantly from actual sale prices, and sale prices may be inconsistent. Appraisers sometimes differ widely in their opinions of value. Appraisers, like buyers and sellers, do not know everything about the domain, the market, or the many other considerations that might influence the value. Differences sometimes result from a client presenting the domain in a very positive or negative light, especially if there are no data to the contrary. Many factors can affect value. An Appraisal is only an opinion a sale is a fact.
5. Fees. Some of the services provided by F.A.S.T. Company at the ADNAPPRAISALS.COM web site are free and some services have a fee. Unless otherwise stated, all fees and other payments are due and payable in U.S. Dollars. Our current fee schedule and payment terms ("Fee Schedule and Payment Terms") are available here and are incorporated by reference in this Agreement. The Fee Schedule and Payment Terms are subject to change at any time. The fee schedule and payment terms in effect on the date of a User's listing shall govern the transaction.
5.1 You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses you incur for the participation in any activity conducted over our web site. We may, in our sole discretion, add, delete or change any of the services provided or fees charged by F.A.S.T. Company at the ADNAPPRAISALS.COM web site. These will be binding on the date that they become effective, similar to any other revision that is made to this Agreement.
6. No Liability for Statements Posted or Provided by Users. We cannot nor do we try to control the information provided by Users which is made available through our system. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site. We disclaim any responsibility or liability for claims of libel, slander or defamation arising from statements of Users posted or otherwise made available through our system.
7. No Liability for Interrupted Access to Services. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.
8. Indemnification. Users agree to defend, indemnify and hold F.A.S.T. Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from and against any and all liabilities, losses, damages, costs and expenses including reasonable attorneys fees, experts fees and court costs associated with any claim, demand or action brought against F.A.S.T. Company arising from the actions of such Users, or made by any third party due to or arising out of the use of your Appraisal or Appraisals, your use of the services, your connection to the service, or your violation of any rights of another, including without limitation, for breach of any warranties or representations contained herein, or infringement of any trademark, copyright, or other claim of any kind based upon the appraisal, sale, license, transfer or use of the Domain Name in accordance with this Agreement, or any other provision of this Agreement.
9. Suspension of Listings. F.A.S.T. Company reserves the right at its discretion to halt, suspend or remove any listing at any time. Without limiting the generality of this right, User agrees that F.A.S.T. Company may halt, suspend or remove any listing in the event that F.A.S.T. Company receives notice that would be sufficient in the courts of the State of Oregon to satisfy the burden of proof that a listing, appraisal, purchase, sale, transfer, assignment or registration of a domain name constitutes direct or contributory infringement, trademark piracy, cybersquatting, or any other violation of any applicable civil or criminal legislation, or of the rights of any third party. F.A.S.T. Company may also halt, suspend or remove a listing if F.A.S.T. Company receives notice under the terms of any Domain Name Registrar's dispute policy that the Registration is the subject of a domain dispute policy proceeding.
10. Listing. Listings for Domain Names shall be in text descriptions suitable for placement on the ADNAPPRAISALS.COM web site.
11. Your Information Provided to F.A.S.T. Company. You are responsible for the truth and accuracy of any information you provide publicly or privately to us or other Users during the registration, bidding, or listing or closing process, in any public message area (including but not limited to chat, discussion forms, classified listings, and appraisals) or through any email feature ( "Your Information"). With respect to Your Information:
11.1 Solely to enable F.A.S.T. Company to use Your Information without violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.
12. F.A.S.T. Company Intellectual Property. No Member or other User shall receive any right, license or permission to use or reproduce any of the F.A.S.T. Company trademarks, copyrights or other intellectual property rights nor to link to any of the ADNAPPRAISALS.COM web pages without express written permission.
13. System Integrity. You will not yourself, or allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the ADNAPPRAISALS.COM web site, the services provided by F.A.S.T. Company and any activity on the ADNAPPRAISALS.COM web site. You will not take any action which may impose an unreasonable or disproportionately large load on our computing infrastructure. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect the ADNAPPRAISALS.COM computer systems.
14. No Warranty. USE OF THE ADNAPPRAISALS.COM web site AND OUR SERVICES ARE FURNISHED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES WHATSOEVER INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
15. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your purchase, listings.
16. No Agency. You and F.A.S.T. Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
17. Notices. Except as explicitly stated otherwise, any notices shall be given by email to email@example.com (in the case of ADNAPPRAISALS.COM), or to the email address you provided on the ADNAPPRAISALS.COM Order Appraisal Form (the " Order Form") (in your case), or such other address as either party shall specify by notice to the other at above addresses. Notices shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or not received.
18. Assignability. You may not assign, transfer, resell or sublicense your rights or obligations under the terms and conditions of this Agreement.
19. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Portland, Oregon, United States and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or F.A.S.T. Company may seek any interim or preliminary relief from a court of competent jurisdiction in Portland, Oregon, United States necessary to protect the rights or property of you or F.A.S.T. Company, pending the completion of arbitration.
20. General. This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
20.1 You agree that regardless of any stature or law to the contrary, any contract arising out of or related to use of the services provided by F.A.S.T. Company at the ADNAPPRAISALS.COM web site or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred.
20.2 F.A.S.T. Company makes no representations whatsoever about other web sites which you may access through this one. When you access a non-ADNAPPRAISALS.COM web site, please understand that it is independent from ADNAPPRAISALS.COM, and that F.A.S.T. Company has no control over the content on that web site. In addition, a link to a non-ADNAPPRAISALS.COM web site does not mean that F.A.S.T. Company endorses or accepts any responsibility for the content, use, or products and services made available through such web site.
21. Copyrights, Trademarks and Ownership. All Appraisals are based on the assumptions that you are the absolute owner of the submitted domain name and that there are no copyright, trademark or other intellectual property infringements.
22. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT F.A.S.T. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPEACIAL, CONSEQUENTIAL (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF F.A.S.T. COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL F.A.S.T. COMPANY'S LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT EXCEED THE LESSER OF EITHER THE AMOUNT OF FEES YOU SHALL PAY TO F.A.S.T. COMPANY IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO SUCH LIABILITIES OR $1,000. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
23. Disclosures. The services hereunder are offered by F.A.S.T. Company, located at 15033 SE McLoughlin Blvd., Suite 351, Milwaukie, Oregon 97267, United States. If you are an Oregon resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. Fees for our services are available here.