Terms and Conditions – The Right Names

Last updated: August 8, 2022

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using TheRightNames.com website (the “Service”) operated by TheRightNames.com (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

BY PURCHASING A DOMAIN NAME THROUGH THE SITE, YOU REPRESENT AND WARRANT THAT (A) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, (B) YOU ARE AT LEAST 18 YEARS OF AGE, (C) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND (D) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. THE SITE IS INTENDED SOLELY FOR USERS WHO ARE 18 YEAR OF AGE OR OLDER. ANY REGISTRATION BY, USE OF OR ACCESS TO THE SITE BY ANYONE UNDER 18 IS UNAUTHORIZED AND CONSTITUTES A VIOLATION OF THE AGREEMENT.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of TheRightNames.com and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by TheRghtNames.com

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that TheRightNames.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Payments

By submitting any order for one or more domain names owned, controlled and/or otherwise marketed for sale by us or any of our parents, subsidiaries or affiliates through the Site or otherwise (each, a Domain Name), whether by completing an order form on the Site or otherwise (each, an Order), you agree to purchase such Domain Name(s) (each, a Purchased Domain Name) and pay the listed or quoted price for such Purchased Domain Name(s), plus any service fees and/or other charges that may be identified on the Site or in the quote (collectively, the Purchase Price).

If you selected credit card as your payment method, or any other method by which we are to charge or debit an account or card, you authorize us (TheRightName.com) to debit or charge such account or card the Purchase Price for each Purchased Domain Name.

If you selected as your payment method wire transfer, PayPal or any other method whereby you send us payment, you shall (i) pay the Purchase Price for each Purchased Domain Name in United States dollars and in readily available funds to the account we specify on the Site or in the quote (as applicable) within four (4) calendar days from submission of the Order, (ii) pay all wire transfer, service, and/or other fees and charges assessed by your bank, credit union, PayPal or any other third party in connection with your payment of the Purchase Price and ensure that we receive the full amount of the Purchase Price for each Purchased Domain Name, and (iii) send an email from the email address you provided when submitting your Order to sale@therightnames.com after you have initiated payment, and include in the email your Order ID and the Purchased Domain Name(s) so we may track your payment.

YOU ACKNOWLEDGE AND AGREE THAT ONCE YOU HAVE SUBMITTED AN ORDER AND PAID THE PURCHASE PRICE, YOU MAY NOT CANCEL OR RESCIND YOUR PURCHASE OF THE PURCHASED DOMAIN NAME OR REQUEST OR OBTAIN A REFUND OF ALL OR ANY PORTION OF THE PURCHASE PRICE FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DUE TO ANY MISTAKE OR MISUNDERSTANDING ON YOUR PART WITH RESPECT TO PRICING OR OTHERWISE. You represent and warrant that prior to submitting your Order, and again prior to paying the Purchase Price, you carefully reviewed each Domain Name covered by such Order and the Purchase Price for each such Domain Name and confirmed that they match your understanding and intention, and that you will not seek a refund, credit, chargeback, wire or payment reversal, or otherwise dispute any payment you may make or we may charge in accordance with this Purchase Agreement with your credit card company or other financial institution unless we fail to effect Transfer Completion (as defined below) for the relevant Purchased Domain Name(s) in the manner set forth in this Purchase Agreement, and such failure continues after thirty (30) days’ written notice to us expressly referencing the Purchased Domain Name(s) at issue and your intention to initiate such action or otherwise formally dispute such payment or charge with your credit card company or other financial institution at the end of such period if the failure is not cured.

You acknowledge that (i) purchasing a Domain Name from us does not result in a renewal or extension of the then current registration term for such Domain Name, and (ii) it is your sole responsibility to determine and maintain awareness of the expiration date of the registration term for each Purchased Domain Name and to renew the registration for each Purchased Domain Name with the registrar of record prior to the then current expiration date for such registration.

Disclaimer of Representations and Warranties

We strongly advise you to conduct a due diligence investigation to determine whether or not there are any legal risks connected to purchase or use of any of the Domain Names. You acknowledge and agree that you are not relying on any promise, guaranty, representation, statement, or warranty, express or implied (oral, written or electronic, and including those made by any customer service agent or other representative of DM), relating to any Domain Name in any way, and that you assume all risk of liability associated with or arising out of your purchase, ownership, registration and/or use of any Domain Name, including, without limitation, with respect to trademark infringement.

WE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES RELATING TO ANY DOMAIN NAME, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT DM IS THE OWNER OF ANY TRADEMARK OR OTHER RIGHTS ASSOCIATED WITH ANY DOMAIN NAME, ALL OF WHICH ARE BEING OFFERED FOR SALE ON AN “AS-IS” BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (ORAL, WRITTEN OR ELECTRONIC), AS TO WHETHER OR NOT YOU OR ANY THIRD PARTY HAS, MAY HAVE, AND/OR MAY BE ABLE TO ASSERT OR ACQUIRE ANY INTELLECTUAL PROPERTY OR OTHER RIGHT (INCLUDING, WITHOUT LIMITATION, TRADEMARK RIGHTS BASED ON FEDERAL, STATE, LOCAL, INTERNATIONAL OR TREATY REGISTRATION, COMMON LAW RIGHTS OR OTHERWISE) IN, RELATED TO, IDENTICAL TO, OR SIMILAR TO ANY DOMAIN NAME OR WHETHER ANY REGISTERED OR COMMON LAW TRADEMARK EXISTS THAT MAY BE IDENTICAL, RELATED OR CONFUSINGLY SIMILAR TO ANY DOMAIN NAME. IN NEGOTIATING THE PURCHASE OF AND/OR PURCHASING ANY OF THE DOMAIN NAMES, YOU ASSUME ALL RISK OF LIABILITY, INCLUDING WITH RESPECT TO TRADEMARK INFRINGEMENT, CONCERNING ALL SUCH DOMAIN NAMES.

All Disputes must be brought and heard exclusively (a) for those brought by you, in the state courts located in Rockville, Maryland, or, if a basis for federal jurisdiction exists, in the United States District Court for the District of Maryland, Greenbelt Division, and (b) for those brought by us or any of our Related Parties, in the courts referenced in clause (a) above, or in any other court located in a jurisdiction in which you reside, are organized or are incorporated (if applicable), and/or from where you accessed the Site and/or effected the purchase of any Domain Name. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum. DM controls and operates the Site and makes all decisions relating to Domain Names offered for sale on or through the Site from our offices in Rockville, Maryland and Boca Raton, Florida.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with United States law and Constitution – All Disputes must be brought and heard exclusively (a) for those brought by you, in the state courts located in Asheville, North Caroline, or, if a basis for federal jurisdiction exists, in the United States District Court for the District of North Caroline Division, and (b) for those brought by us or any of our Related Parties, in the courts referenced in clause (a) above, or in any other court located in a jurisdiction in which you reside, are organized or are incorporated (if applicable), and/or from where you accessed the Site and/or effected the purchase of any Domain Name. You hereby irrevocably consent to the personal and subject matter jurisdiction of such courts and waive any claim that such courts represent an inconvenient or otherwise inappropriate venue or forum.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service in case of legal contingency the court should be

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.