Moniker Marketplace User Agreement

Thank you for selecting Moniker Online Services LLC ("Moniker") for your merchandising needs. The following User Agreement (the "Agreement") contains the terms and conditions for the use of our transaction system known as Marketplace. By submitting your registration, you agree to the terms and conditions contained below in this User Agreement. This Agreement is by and between Moniker, a Florida Limited Liability Company and you, your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Marketplace (the "Service") and explains Moniker's obligations to You and Your obligations to Moniker.

This Agreement, along with any other or additional Moniker policies applicable to the Service, as well as any modifications that may be made hereto, constitutes the complete and exclusive agreement between You and Moniker relating to the Service. With respect to the Service, this Agreement supersedes all prior proposals, agreements, or other communications; provided that all Moniker policies and agreements specific to use of Moniker's other services and web sites shall apply or continue to apply with respect to such other services and/or web sites.

You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Moniker may establish from time to time.

In addition, You agree to be bound by the terms and conditions of this Agreement with respect to any use and/or transactions undertaken on Your behalf by anyone acting as Your agent or otherwise using Your account whether or not the transactions were in Your behalf. You acknowledge that Moniker's acceptance of any request for price information and/or Moniker's ratification of any domain sales contract, transfer agreement or other contract related to the use of the Service will take and/or is deemed to have taken place at Moniker's offices located in the USA.

This Agreement may be updated by Moniker at any time. The amended Agreement will be posted on the Service website (the "Site"). Continued use of the Service after such updates shall signify Your agreement to be bound by such revised terms. Acceptance of this Agreement requires You to abide by the User Guidelines and any other Moniker policies (the "Guidelines"), which explain the Site rules, as well as acceptable and unacceptable conduct by users. If You do not accept this Agreement, You are prohibited from using the Service.


Eligibility & Registration

The use of the Service is limited to parties who can enter into and form legally binding contracts under applicable law. Minors and those under the age of 18 are prohibited from using the Service. Users must provide truthful and accurate information when registering, as registration indicates acceptance of this Agreement. Moniker reserves the right to refuse use of the Service to anyone at any time for any reason without notice.


Use of the Service and Site

Prohibited Use: Moniker only permits use of the Service by registered users. You may not engage in any data or e-mail mining, attempt to access or interfere with another user's account or use of the Service, manipulate any portion of the Service, exceed Your limited access to the Service permitted by Moniker or take any other action which is not expressly permitted in this Agreement or the Guidelines.

Termination: Moniker may terminate Your account at any time for any reason without notice or explanation

Making an Offer & Buying

Buyers and Sellers (each as defined below) making offers must honor all Accepted Offers placed in any transaction, and are obligated to complete the transaction with Moniker or the respective Buyer or Seller. An "Accepted Offer" is defined as either (1) the offer accepted by the Buyer or Seller (as applicable) in a regular transaction (i.e., a transaction that does not list a "Buy Now" price) or (2) the first offer made by a Buyer that meets the Buy Now price, as indicated on the Site. (Please see below for further information regarding "Buy Now" pricing). By making an offer in the transaction the Buyer agrees to honor all listed terms of sale including, but not limited to, method of payment, appropriate state sales tax, and service fees. Failure to honor this obligation may result in the termination of the Buyer's registration and financial penalties and charges.

Offer Retraction: Offers are not retractable except under circumstances deemed appropriate by Moniker. Possible examples include instances when Moniker makes material changes to the description of an item, or when blatant typographical errors are present.

Users making offers agree to complete an agreed transaction within 30 days of receiving an Accepted offer. Moniker has the right (without limiting its other rights or remedies) to cancel any offer or offer in process at any time, if either the Buyer or Seller is deemed to be non-responsive in the transaction process.

Offer Manipulation: Offer manipulation in any form, and for any reason is strictly prohibited!

Buying, Selling and Listing Domains

Moniker and the Site serve as a trading platform to allow users to offer to sell and buy domain names, complete web sites and content, and/or web-based businesses (collectively, "Domains"). Moniker only gets involved in a resulting transaction to collect a fee for Services, except as otherwise specified in this Agreement or as otherwise agreed by all parties.

Except as otherwise provided in any applicable posted terms, users offering their Domains for sale or lease ("Sellers") may list their Domains in the Service database. If You post a "Buy Now" price, You are obligated to sell the Domain at that price if a Buyer offers that price. Subject to such Buy Now offers or any other Accepted Offers, Sellers are free to delete their Domains from the Service database at any time without cost.. Moniker charges Buyers a commission for sales completed as a result of the Service. Except in the case of Buy Now pricing (in which case fixed fee can be calculated prior to an Accepted Offer), You have an opportunity to review the formula for calculating the fees that You will be charged, per our Site, before going forward with any transaction, but our exact fee may not be calculated until there is an Accepted Offer. Moreover, you acknowledge that Moniker reserves the right to charge an additional fee (in excess of the fee that may be specified on our Site) for Accepted Offers in excess of $5,000 (or such other applicable price limit set forth on the Site) due to higher administrative costs that may be associated with such higher priced transactions.

Prospective Buyers or lessees of Domains ("Buyers") may enter search terms into the Service database to look for offers, and to enter offers for certain entries. These offers and the responses of the Sellers will be forwarded to the other party via the email addresses provided as part of user registration. Moniker cannot guarantee that any particular offer or response will be transmitted to the intended recipient.

In the event that a Seller and Buyer negotiate an agreement for the purchase and sale of a Domain via the Service, Moniker reserves the right (but shall not have the obligation) to require that the Buyer and Seller execute a standard purchase and sale agreement supplied by Moniker. In addition, Buyer and Seller agree that the purchase and sale transaction shall be managed by Moniker in accordance with the terms of Moniker's Domain Transfer and Escrow Services as described below. The fees for Moniker's Domain Transfer and Escrow Service are posted as set forth on the Site in various places and may change at any time.

Should the registration of a Domain that is the subject of an Accepted Offer be in risk of expiring with its relevant domain registrar, or if the expiration date lies within the next sixty (60) days from the date of an Accepted Offer, Seller agrees to renew the Domain registration and is solely responsible for any costs or fees associated with such renewal. Buyer and Seller are each respectively responsible for any related fees charged by his/her registrar and/or service provider. Subject to Seller's renewal obligations noted above, Buyer understands that following transfer of the Domain to Buyer, Buyer shall be solely responsible for renewing the domain name and any costs and fees associated with such renewal.

Domain Listing Rules

The following Domain listing requirements and obligations apply to Your use of the Service:

(a) The Seller agrees to set up a user account and to fill out the registration form completely and accurately.

(b) Domain names are the result of, and are subject to all of the conditions, limitations, and restrictions contained in, domain name registration agreements between the Seller and a third-party domain name registrar or other service provider. As such, the transferability of domain name registration may be limited, prohibited, or otherwise subject to conditions imposed by the domain name registrar or service provider. Subject to and without limiting Seller's obligations and representations herein, nothing in this Agreement or on the Site shall be construed as a representation by Moniker that the Seller possesses any rights to a Domain beyond those specified in the Seller's agreement with the relevant domain name registrar or service provider.

(c) As a Seller of a Domain listed on the Service, You represent and warrant that: (i) You have registered the domain name with the appropriate domain name registrar or other registration authority; (ii) Your registration of the domain name that you offer for sale is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable domain name registrar or other registration authority and was not obtained by fraud, misrepresentation or other improper means; (iii) You have not taken any action that would impair Your ability or right to transfer the domain name registration or any other aspect of the Domain and no such action has been taken against You; (iv) the Domain does not and has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, copyrights, patent rights or naming or publicity rights; (v) the Domain is not the subject of any legal disputes or proceedings challenging Your right to register or use the Domain; (vi) You will accurately describe the subject listing; (vii) You own and have the right to sell the domain name and other content, if any, listed as part of your Domain; and (viii) if Your offer to sell and transfer the Domain is accepted, You will complete the transaction with a ready, willing, and able Buyer. You will not under any circumstances list or transfer the rights to any Domain that You do not have sufficient rights to transfer or that is illegal to transfer under applicable law. For the avoidance of doubt, the representations and warranties set forth in this paragraph are made for the benefit of both Moniker and Buyer, each of which may take appropriate action in the event of a breach of any of the foregoing representations and warranties by Seller.

(d) As Seller, You agree not to list any Domains which violate this Agreement and/or Moniker Guidelines. Moniker may refuse to list, or remove the listing for, any Domain which, in Moniker's sole discretion, may potentially infringe or violate the proprietary rights of any third person or any other Domain, or which in Moniker's sole discretion, is inflammatory, offensive, inconsistent with Moniker's general policies or Guidelines, or otherwise may infringe any proprietary right of any third party.

(e) As Seller of a Domain, You agree not to enter an offer for Your own Domain and not to instruct other persons to do so. In addition, any user manipulation of Domain listing statistics is prohibited, including, but not limited to, manipulating or otherwise falsely inflating traffic statistics represented to Buyer during the course of negotiation or those which are measured and displayed by Moniker.

(f) You will not Yourself, nor will You allow or enable another, to directly or indirectly interfere or attempt to interfere with the operations of the Site or the Service.

(g) You, as Seller, agree to keep any data which You have added to the Service up-to-date. If a Domain has been sold or is no longer available for sale, You are to remove it from the database - not doing so may result in financial penalty and charge to Your account for lost transaction fees. Furthermore, as Seller, You agree to remove a Domain from the Service immediately if a warning has been issued, or as soon as any notice or knowledge has been received that the rights of a third party or applicable laws could be violated by the listing. This shall apply until legal clarification of the situation has been made in a manner acceptable to Moniker in its sole discretion.

(h) You, as Seller or Buyer, agree to accept, reject, or make a counter offer on any offer received within 7 days of receiving such offer. Moniker has the right to cancel any offer or offer in process at any time, if either the Buyer or Seller is deemed to be non-responsive in the transaction process.

(i) Notwithstanding anything to the contrary in this Agreement or on the Site, Moniker reserves the right to remove any Domain from the Service at any time with or without prior notice and for any reason or no reason at all.

Fixed Price and Minimum Offer Listings

If the Seller states a Buy Now price, then an offer for the stated sales price is binding unless the Domain listing in Seller's user account had been changed and the change had been reflected on the Service database prior to Seller's receipt of an offer from a Buyer at the Buy Now price. The sales price is considered to be the end price for the Buyer including any taxes for the Seller.

If the Seller does not state a Buy Now price, the Domain listing serves as an invitation for Buyers to submit an offer for the purchase and sale of the Domain that is the subject of the Domain listing, but Sellers are not required to accept any such offers.

If the Seller states a minimum offer, the Domain listing serves as an invitation for Buyers to submit an offer equal to or in excess of the stated amount for the purchase and sale of the Domain that is the subject of the Domain listing, but Sellers are not required to accept any such offers.

Domain Transfer and Escrow Service

Description of Service

Moniker's Domain Transfer and Escrow Service (the "Escrow Service") provides assistance with the purchase and transfer of Domains. Moniker may act as a buyer and/or seller, or as the representative of a buyer or a Seller, or as a broker. Unless otherwise expressly agreed in writing, Moniker will act as a secure technical and financial intermediary and will hold the purchase price and the domain name in escrow for the Buyer and the Seller during the change of ownership process. Upon conclusion of the change of ownership process, Moniker will release Buyer's funds from escrow and forward the purchase price to the Seller, less applicable fees and may change ownership to the buyer in this process. Moniker prefers to use its own domain escrow account at the ICANN Accredited Registrar, Moniker.com, to ensure safe and secure change of ownership. However, Moniker may at its sole discretion, allow the change of ownership to occur at any registrar of its choice during this process. Further terms and conditions applicable to the Escrow Service are set forth in our Escrow Services Policies and Procedures and such terms and conditions are deemed a part of this Agreement.

Note: The escrow services being offered through this website are currently not available to California residents. Moniker is currently in the process of obtaining appropriate licenses in California and we will remove this restriction once this is completed. Drafting of custom Purchase and Sale Agreements or any legal consultations on the part of Moniker are not included in the Service and may be obtained through Moniker for additional fees.

Fees and Related Costs

Except in the event that the fee is calculated as a percentage of the total amount paid by the Buyer to the Seller for the Domain and cannot be calculated until there is an Accepted Offer, the amount of the fee for the Domain Transfer and Escrow Service is specified on the Site and is subject to change from time to time. Notwithstanding the foregoing, You acknowledge that Moniker reserves the right to charge an additional fee (in excess of the fee that may be specified on our Site) for Accepted Offers in excess of $5,000 (or such other applicable price limit set forth on the Site) due to higher administrative costs that may be associated with such higher priced transactions.

Special Circumstances and Country Code Extensions

In the event of Domain transfers that concern the purchase and sale of a Domain which the Seller had listed on the Service, the Seller shall be responsible for paying the Moniker Domain Transfer and Escrow service fee unless otherwise agreed to by Moniker.

When a Domain is transferred from the Seller to the Buyer, further costs can be incurred, based upon the participating registry and registrar providers. In no event shall Moniker be liable for such costs. The responsibility for these payment obligations are defined by the relationship of the Seller to the provider. This can include, but is not limited to, the responsibility of the Seller to pay for a registration renewal when the domain is set to expire within the next sixty (60) days from the time agreement was reached.

Management of Domain Transfer

Reaching an Agreement

In the event of an Accepted Offer between the Buyer and the Seller,, Moniker reserves the right to provide and require execution of a separate online purchase and sale contract for the Buyer and Seller with respect to the sale of the Domain that was the subject of their negotiation. Depending upon the processing status of the transaction, the other contractual partner's respective data may be made anonymous until the transaction is complete. Should either party fail to meet to their obligations under this Agreement, the identity of the breaching user may be provided to the injured user upon request only if Moniker allows such a request.

Obligation of Buyer to Make Payment to Designated Escrow Account

After agreement is reached for the purchase and sale of a Domain, Moniker shall contact the Buyer via email to request the transfer of the amount due to Moniker's escrow account where it will be safeguarded until completion of the Domain transfer. Upon said request, the Buyer is obligated to remit payment of the amount owed to Moniker's escrow account. Failure to remit payment to Moniker's escrow account within thirty (30) days of when the request email was sent to the Buyer from Moniker may be considered a material breach of this Agreement, entitling Seller or Moniker to take appropriate action in accordance with this Agreement.

Transfer of Domain

Once an Accepted Offer has been received and reported to Moniker, the Domain transfer process from the former owner (the Seller) to the new owner (the Buyer) shall commence. Moniker shall then instruct the Buyer and the Seller of the Domain as to the required steps and best practices involved in the technical Domain Name transfer process. A prompt and orderly transfer of the Domain can only be accomplished if Moniker's instructions to the Buyer and Seller are strictly followed. As such, the Buyer and Seller are obligated to fully cooperate with each other and Moniker, and failure to so cooperate may be considered by Moniker as a breach of this Agreement.

Successful Transfer and Payment of Purchase Price

Upon successful transfer of the Domain to the Buyer, the payment of the amount owed to the Seller shall be remitted in a timely manner. A successful transfer of a Domain Name has taken place when the Buyer's registration data has been updated in the WHOIS database of the relevant domain name registry and the Buyer has assumed technical control of the Domain. In the event that Moniker assumes temporary control of the Domain to be transferred on a discretionary basis, then a successful transfer may be considered to have been made at that moment in which Moniker obtains control of the Domain and the Seller has lost control of this Domain.

Unsuccessful Transfer and Repayment

In the event that the transfer is ultimately unsuccessful without fault or breach of this Agreement by the Buyer, the payment submitted to Moniker's escrow account shall be returned to the Buyer.

Publication Rights

The Buyer and Seller agree that Moniker shall have the right to publish the name of the domain name sold as well as the respective purchase price on the Site or in other places for reference purposes. This shall not apply if either the Buyer or Seller objects to the publication, provided that objection must be received by Moniker in writing before completion of the domain name transfer and escrow process described herein.

Penalties for Failing to Perform Obligations

Moniker reserves the right to cancel the Domain transfer and escrow transaction 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 Moniker via the email addresses provided in that party's user account ("Failed Transfer").

In the case of a Failed Transfer, Moniker reserves the right (without limiting any of its other rights or remedies) to collect any applicable commission fee from that party who has violated his/her obligation to cooperate.

Moniker also reserves the right to collect any applicable commission fee from either party for the sale of any Domain listed in the Service but sold outside the Service if Moniker determines that the Buyer and Seller were introduced in any way through the Service.

Certain Rights of Moniker in the event of a Dispute between the Parties

In the event that the purchase price to be paid by the Buyer has been transferred to the applicable escrow account and the Domain has been transferred to the Buyer in whole or in part, neither party shall have the right to compel Moniker to cancel said transfer or payment. In the event that the parties become involved in a dispute at any time during the transfer and escrow process, Moniker may set a deadline for the parties to reach an agreement. In the event that said deadline passes without a resolution to the dispute then, notwithstanding any other provision to the contrary, Moniker shall have the right (but not the obligation) to release the purchase price to the Seller and the Domain to the Buyer in accordance with the Accepted Offer and be entitled to its fees and commissions. For clarity, any such action taken by Moniker shall not prevent the Buyer and Seller from arbitrating the dispute in accordance with the Dispute Resolution/Binding Arbitration paragraph below.

Disclaimer

BUYER AND SELLER AGREE THAT MONIKER SHALL NOT BE LIABLE FOR ANY CLAIM FOR DAMAGES (INCLUDING ATTORNEY'S FEES) IN CONNECTION WITH, OR ORIGINATING OR ARISING FROM A FAILED TRANSFER ABSENT EVIDENCE OF INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE OF MONIKER.

The foregoing shall apply in all circumstances, including, but not limited to, those 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; a Buyer, Seller or third party has committed any fraudulent act; or in the case where one of the contractual parties cannot be properly identified due to providing incorrect or misleading contact information.

INVESTIGATION/EXAMINATION OF THE DOMAIN 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 SELLER LISTING THE DOMAIN FOR SALE AND THE BUYER.

IT IS UNDERSTOOD THAT MONIKER MAY BECOME A SELLER AND/OR A BUYER IN ANY TRANSACTION, BUT IT SHALL NOT BE DEEMED TO HAVE ACQUIRED UNDER ANY CIRCUMSTANCES ANY LIABILITIES OF A BUYER OR SELLER HEREUNDER AND IT HAS NO DUTY TO VERIFY THAT THE DOMAIN BEING SOLD AND TRANSFERRED DOES 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.

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.

Payments and Collections

We do charge fees for our domain-related services and You are given an opportunity to review and accept the fees that will be charged in connection with the Service; provided that in some instances, the fee is calculated as a percentage of the total amount of the transaction and therefore cannot be calculated until there is an Accepted Offer. In addition, you acknowledge that Moniker reserves the right to charge an additional fee (in excess of the fee that may be specified on our Site) for Accepted Offers in excess of $5,000 (or such other applicable price limit set forth on the Site) due to higher administrative costs that may be associated with such higher priced transactions. You are responsible for all applicable taxes (except for Moniker's income taxes), costs, hardware, software, services and all other costs and expenses related to the Services or Your activity conducted through any of Moniker's websites. Moniker may, in its sole discretion, add, delete or change any of the Service provided or fees charged by Moniker. Moniker's standard fees and any changes will be posted to the Site during the checkout process, and the applicable Services and fees will be binding on the effective date noted on the Site.

Unless otherwise stated, all fees and currency amounts are quoted in U.S. Dollars. The fees charged for Moniker services that are specified by Moniker may not include any applicable taxes and such taxes may be added to such fees as appropriate.

Notwithstanding any other provision of this Agreement, in the event that Moniker finds it necessary to bring suit to collect any monies owed it by You, You agree and submit to personal jurisdiction in the courts of Dade County, Florida, or New York County, New York (as determined in Moniker's discretion) and agree that the laws of the State of Florida will govern any such claims.

In any lawsuit between You and Moniker, You waive the right to a jury trial.

You further agree to pay all actual attorneys fees and costs incurred in the collection of such monies, including all additional post-judgment costs and fees related to enforcement of any judgment entered against You.

Dispute Resolution/Binding Arbitration

In the event of a dispute between You and Moniker or a third party regarding the ownership of any domain name which is subject to the rules of ICANN and the Uniform Domain-Name Dispute Resolution Policy ("UDRP"), You understand and agree that such dispute shall be adjudicated exclusively by binding arbitration pursuant to the rules of ICANN and the UDRP which are incorporate herein fully by reference. Further You agree understand and agree that You have waived rights to any claim for relief against Moniker except that You may obtain transfer of a domain name pursuant to ICANN and UDRP, and that You specifically and expressly waive all claims for money damages of any type whatsoever, including but not limited to actual, statutory, punitive, compensatory or other damages arising out of any alleged violation of intellectual property rights of any type whatsoever, including but not limited to copyright and/or trademark infringement under the laws of any jurisdiction, and including but not limited to any business torts related to interference with contract, interference with prospective advantage, or otherwise. In the event that You fail to follow this provision, You understand and agree that Moniker may recover from You all attorneys fees and costs incurred by Moniker, including, but not limited to, those fees and costs incurred in order to obtain remand to arbitration as set forth above.

You agree further that any dispute You may have with Moniker or that Buyer and Seller may have with each other (other than those set out in the paragraph above) shall be adjudicated exclusively by binding arbitration before the American Arbitration Association ("AAA") pursuant to the AAA Commercial Arbitration Rules and any such arbitration shall take place in New York, New York. With respect to claims initiated by Moniker, Moniker shall have the right, but not the obligation, to arbitrate such claims before the AAA in New York, New York, and You agree to participate in any such arbitration.

Indemnification

You agree to defend, indemnify and hold harmless Moniker and its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates (the "Moniker Parties") from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any claim, action, proceeding or demand related to Your use (including Your agents, affiliates, or anyone acting on Your behalf) of the Site, Service and/or any Domain that You may list, request information about, purchase from, or sell through Moniker. You further agree to indemnify and hold the Moniker Parties harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You have infringed a third person's copyright, trademark or proprietary or intellectual property right, or misappropriated a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Moniker be notified of a pending law suit, or receive notice of the filing of a law suit, Moniker may seek a written confirmation from You concerning Your obligation to indemnify Moniker. Your failure to provide such a confirmation may be considered a breach of this Agreement.

You agree that Moniker shall have the right to participate in the defense of any such claim through counsel of its own choosing at Your expense. You agree to notify Moniker of any such claim promptly in writing and to allow Moniker to control the proceedings. You agree to cooperate fully with Moniker during such proceedings.

You agree that You will not be entitled to a refund of any fees paid to Moniker if, for any reason, Moniker takes corrective action with respect to Your improper or illegal use of the Service.

System Integrity

Undermining the usability or working condition of the Site or web server is strictly prohibited. Unauthorized use of passwords or user accounts is also prohibited. Do not share Your account information with other parties.

Breach of this Agreement

Breach of this Agreement may result in termination or temporary suspension of Your Moniker account. Providing inaccurate registration information constitutes breach of this Agreement.

No Warranties

THE SITE AND SERVICE ARE PROVIDED "AS IS." MONIKER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESSED OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MONIKER DOES NOT GUARANTEE THE AVAILABILITY OR QUALITY OF THE SITE OR THE SERVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

THE MONIKER PARTIES SHALL IN NO EVENT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE OR SERVICE AND/OR THE INABILITY TO USE THE SITE AND SERVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL THE MONIKER PARTIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, COSTS OF COVER, INTERRUPTION OF BUSINESS, LOSS OF TECHNOLOGY OR LOST DATA, HOWEVER ARISING, WHETHER UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MONIKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MONIKER PARTIES' TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE SHALL BE LIMITED TO THE AMOUNT RECEIVED BY MONIKER PURSUANT TO THIS AGREEMENT (SPECIFICALLY EXCLUDING ANY AMOUNT THAT IS NOT RETAINED BY MONIKER) IN CONNECTION WITH THE SPECIFIC TRANSACTION AT ISSUE.

Agreement and participation in our Service requires Your acceptance to and agreement to abide by any additional Legal Disclaimers we may post on the Service.

Privacy Policy

Agreement and participation in our Service requires Your acceptance to our Privacy Policy.

General Release

Buyer and Seller agree not to sue and to release the Moniker Parties should a dispute arise between the parties during a transaction. Specifically, Buyers and Sellers agree to release (and to take any further action necessary to effect such release) the Moniker Parties from claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way associated with such disputes.

Legal Compliance

Users are required to comply with all local, state and federal laws regarding use of our services.

Copyright

The content of Moniker owned and operated web sites is the property of Moniker or the suppliers of the content and is protected by US and International copyright laws. All software used to run the site is the sole property of Moniker and may not be used by any other party in any way, shape or form.

Representations of the Seller and Buyer to One Another

The Seller represents and warrants to the Buyer, and the Buyer represents and warrants to the Seller, that he/she/it is authorized to agree to the terms set forth in this Agreement and to do all things necessary to complete the transaction contemplated by Accepted Offer, and that he/she/it will take all steps necessary to fulfill his/her/its obligations to the other party and to Moniker.

Miscellaneous

The provisions of this Agreement will be deemed severable, and the unenforceability of any one or more provisions will not affect the enforceability of any other provisions. In addition, if any provision of the Agreement, for any reason, is declared to be unenforceable, the parties will substitute an enforceable provision that, to the maximum extent possible under applicable law, preserves the original intentions and economic positions of the parties. No waiver by Moniker of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.