GetItAppraised.com, LLC's User Agreement describes the terms and conditions applicable to your use of all services at the GetItAppraised.com web site. By becoming a member of GetItAppraised.com, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be established by GetItAppraised.com LLC.

This Agreement, along with any additional rules and policies, constitute the complete and exclusive agreement between you and GetItAppraised.com LLC concerning your use of our services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this User Agreement (“Agreement”) at any time by posting the revised terms on our Web site. The revised terms of the contract 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 amended or modified except in a written document signed by both parties.

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE ACCESSING AND USING THIS WEBSITE. Your continued use of our services shall constitute your acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be established by GetItAppraised.com LLC. If you do not agree with any of said changes, you may request that your membership be cancelled. You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be established by GetItAppraised.com LLC.  If you have any questions about this User Agreement, or about accessing and using this Web site, please refer to our Frequently Asked Questions or feel free to contact us at info@getitappraised.com.

1. Membership 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. By opening an account with GetItAppraised.com, or otherwise participating in commercial activity conducted through the GetItAppraised.com website, you certify that you are 18 years of age or older, are competent to assume legally-binding obligations, and have the resources and legal authority available to honor any obligations that you undertake. GetItAppraised.com reserves the right to refuse, limit or restrict its services for any reason at any time and in its sole discretion.

2. Fees. Joining and registering for the services provided by GetItAppraised.com is FREE. No fees are charged to the Buyer for the services provided by GetItAppraised.com, and only optional fees such as auction upgrade fees are charged to the seller. NO COMMISSIONS are charged for domain name sales. Other fees may be incurred for additional services by the party requesting such services, such as appraisal or escrow fees. GetItAppraised.com can, at our sole discretion, add, delete or change any of the services provided or fees charged for said services at any time without prior notice. These changes will be binding on the date that they become effective, as with any other revision that is made to this agreement.  Unless otherwise stated, all fees and other payments are due and payable in U.S. Dollars. Our current fee schedule is located here and is incorporated by reference into this Agreement.

3. GetItAppraised.com is only the Meeting Ground. Our site acts as a meeting ground for sellers to conduct auctions and for bidders to bid on sellers' auctions of domain names. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell the domain names or the ability of buyers to buy domain names. We cannot and do not control whether or not sellers can or will complete the sale of domain names they offer or buyers will complete the purchase of domain names they have bid on. GetItAppraised.com merely facilitates the transaction by which a Seller agrees to undertake the actions required by the applicable domain registrar and registry to transfer a domain name registration to a Buyer who offers to purchase a domain name. We do not control or have any part in the actual transfer of the name which is accomplished by the Domain Name Registrar, in accordance with its rules, unless you opt to use our escrow services. GetItAppraised.com does not confirm that users who access its website are who they claim to be, and as such, we encourage all users to exercise reasonable, safe business practices as you would in any other commercial activity.

4. Transferability. The term “Domain Name”, as used herein, shall refer to any rights the seller may possess with regard to the registration of a particular domain name under its service agreement with a Domain Name Registrar. Users understand that the purchase of a domain name does not guarantee that the name may be freely used by the purchaser. Among other things, trademark law, privacy rights, and other legal considerations may limit or even prohibit certain uses of the domain name. Buyers are advised to consult legal counsel prior to purchasing a domain name in order to determine whether it may be used for the buyer's intended purpose under applicable law.  In addition, domain names are subject to the conditions, limitations and restrictions contained in the service agreement between the Seller and the Domain Name Registrar. Therefore, the transferability of a domain name may be limited, prohibited, or otherwise subject to conditions imposed by the Domain Name Registrar. 

5. User Information. User Information includes any information you provide to us or other users during the registration, bidding or listing process, in any public message area including the feedback area or through any email feature (defined herein as "User Information"). With respect to User Information:

A.    Users are solely responsible for User Information, and GetItAppraised.com acts only as a  venue for your online distribution and publication of User Information. We may however, take any action with respect to such information we deem necessary or appropriate at our sole discretion if we believe it may create liability for us or may cause us to lose, in whole or in part, the services of our ISPs or other suppliers.

B.    User Information and the sale of domain name(s) on GetItAppraised.com:

i.    shall not be fraudulent or involve the sale of stolen or misappropriated domain names;

ii.    shall not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy

iii.    shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, or false advertising);

iv.    shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing;

v.    shall not be obscene or contain pornography and shall be distributed only to people legally permitted to receive such content

vi.    shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and

vii.    shall not link directly to or include descriptions that:  

a.    are identical to other domain names you have up for auction but are priced lower than your auction's reserve or minimum bid amount;  

b.    you do not have a right to link to or include.

This means that the user, and not GetItAppraised.com, is entirely responsible for all content that is uploaded, posted, emailed, transmitted or otherwise made available via the website. GetItAppraised.com does not control the content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using our website you may be exposed to content that is offensive, indecent or otherwise objectionable. Under no circumstances will GetItAppraised.com be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website.

6. Listing Rules. Text descriptions, graphics and pictures listed by users on the GetItAppraised.com website must textually describe the domain name you are listing for auction and/or link to the text, graphics and pictures describing the domain name you are listing. Further, as a seller at GetItAppraised.com, you warrant and represent that: 

A.   you have registered the domain name with the appropriate Domain Name Registrar or other registration authority;

B.   your registration of the domain name is current and not subject to deletion, cancellation, rescission, or deactivation by the applicable Domain Name Registrar or other registration authority; 

C.   you have not taken any action that would impair your ability or right to transfer the domain name and no such action has been taken against you with regard to the domain name;

D.   the domain name is not the subject of any legal proceedings challenging your right to register or use the domain name, and you are free from any notice or claim asserted or threatened by any third party claiming infringement of any trade name, trademark, service mark, copyright, or license of any person or organization;

E.   the domain name has not been pledged to any third party, has not been mortgaged, is not the subject of any security interest granted to any third party, and has not otherwise been the subject of any express permissions to use or to link to said domain name;

F.   you are listed an authorized contact on the domain name registration and you have sole and exclusive authority to authorize transfer the domain name free of any claim of any kind and to execute such documents as will be recognized by the Registrar to effect a transfer of the domain name;

G.   the domain name is not the subject of any suspension or dispute procedure by any Registrar or of any arbitration or other dispute resolution procedure;

H.   you hold no trademark, trade name, or other proprietary commercial interest in the domain name, or will transfer all such rights with said domain name, and will hereafter make no objection to the buyer's registration or use of the domain name;

I.   to the best of your knowledge, the domain name does not infringe upon any third party's copyright, patent, trademark, or other proprietary rights and does not violate any law, statute, ordinance or regulation;

J.    you will inform GetItAppraised.com immediately in the event that you become aware of any claim of infringement of any trademark, trade name, service mark, copyright, publicity or privacy right.

If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of your listing (ie. payment method), or you cannot authenticate the identity of the buyer.

You cannot be forced to follow through with your transaction; however, the high bidder can place a negative rating on your Rating Profile. The following actions will be taken toward a seller (or buyer) who does not complete a transaction:  

• First Instance - Warning

• Second Instance - Warning and 30-day suspension

• Third Instance - Indefinite suspension  

You may not email bidders in a currently open auction being run by a different seller, offering similar or the same items at any price level nor may you use an alias to place bids on your own auction for any reason. That is called "shill bidding" and can be punishable by law.

Without limiting any other remedies, we may terminate your account if you are found by conviction, settlement, insurance or escrow investigation, or otherwise to have engaged in fraudulent activity in connection with our site.

GetItAppraised.com works to ensure that the domain names listed for auction on our site do not infringe upon the copyright, trademark or other rights of third parties. Although we cannot be responsible for content provided by users, we will use reasonable efforts to remove infringing auction items.

Without limiting other remedies, GetItAppraised.com will terminate a user account if that user repeatedly or knowingly infringes upon third party intellectual property rights.

GetItAppraised.com reserves the right to remove any domain name(s) from the GetItAppraised.com site that we deem inappropriate for auction. Determining whether an auction is inappropriate is at the sole discretion of GetItAppraised.com and auction(s) found to be inappropriate will be removed from our site without recourse or notice.

7. Bidding and Buying. As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you can not authenticate the identity of the seller.

You cannot be forced to follow through with your bid; however, the seller can place a negative rating on your Rating Profile. The following action will be taken towards a bidder who does not complete a transaction:

• First Instance - Warning

• Second Instance - Warning and 30-day suspension

• Third Instance - Indefinite suspension

You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then re-bid at a small increment above the legitimate high bidder (bid manipulation).

8. Feedback Rating System. You may not take any actions which may undermine the integrity of the feedback system, such as:

• leaving positive feedback for yourself using secondary handles or third parties;

• leaving negative feedback for other users using secondary accounts or third parties (feedback bombing); 

• leaving negative feedback if a user fails to perform some action that is outside the scope of the auction (feedback extortion).

If you earn a net Feedback rating of -3 (minus three), your membership will automatically terminate, and you will be unable to post items to sell or to bid.

Feedback is designed for the purpose of facilitating trading between GetItAppraised.com users. Therefore we may terminate your account if you choose to market or promote your GetItAppraised.com feedback rating in any venue other than GetItAppraised.com. 

9. Limit of Liability. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF:

• THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND

• $100.

Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.  

10. Breach of Agreement. We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.

11. Price Manipulation. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.

12. No Agency. You and GetItAppraised.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise or-franchisee relationship is intended or created by this Agreement.  

13. Ownership of Data. You acknowledge and agree that GetItAppraised.com owns all content, database, compilation, collective and similar rights, title and interests worldwide in our auction and other proprietary information databases, and all information and derivative works generated from those databases. No person shall receive any right, license or permission to use or reproduce any GetItAppraised.com trademark, copyright or other intellectual property right nor to link to any of the GetItAppraised.com web pages without the prior written permission of GetItAppraised.com.

14. General. This Agreement shall be governed in all respects by the laws of the State of Alabama and the United States of America as such laws are applied to agreements entered into and to be performed entirely within the U.S. between U.S. residents. 

Both parties submit to jurisdiction in the State of Alabama and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Baldwin County, Alabama.  

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. 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.

15. No Warranty. Information contained on this site is based upon the experience and knowledge of the agents of GetItAppraised.com, as well as information received from sources that are believed to be reliable, and is used by the reader on the condition that any errors or omissions shall not form the basis of any claim or demand for action.  No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herein contained. WE AND OUR SUPPLIERS PROVIDE THE GETITAPPRAISED.COM ONLINE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  Some jurisdictions 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 which vary from jurisdiction to jurisdiction.  

16. Release. In the event that you have a dispute with a buyer, seller, or any other user, you hereby acknowledge and agree to release GetItAppraised.com, its agents and employees from any claims, demands and damages of any kind or nature.