Domain Marketplace
Terms & Conditions

1. Introduction and Agreement to be Bound.

In this Service Agreement ("Agreement"),"Customer," User, "you" and "your" refer to each customer or user of Pool.com Inc., "we," "us", "our" and "Pool.com" refer to Pool.com Inc. This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY APPLYING FOR THE SERVICES OF POOL.COM OR OTHERWISE SELECTING OR USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

By selecting Pool.com service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s), or to modify or cancel such service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions.

Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in 26 Auriga Drive, Ottawa, ON, Canada, the location of our principal place of business.

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2. Listing Service

Pool.com offers a secondary listing service to permit an owner (“Seller”) of a domain name registration (“Domain Name”) to sell a particular Domain Name in an auction or at a fixed price. Seller selects a listing option (“Listing Option”) and pays a one time, non-refundable fee as specified from time to time on our website (“Listing Fee”). Upon payment of the Listing Fee, Seller agrees to transfer the Domain Name to a Pool.com registrar partner as specified by Pool.com (“Registrar Partner”) for the duration of the listing (“Listing Period”). The Registrar Partner will lock the Domain Name until such time as the domain is sold and payment has been collected or the Listing Period has expired. The transfer of the domain name to the Registrar Partner will result in a one year renewal of the Domain Name provided the Domain Name has not been registered for a period equal to or in excess of ten (10) years at the time of transfer by Seller to Pool.com and such renewal is permitted by the appropriate registry. Renewal fees for such additional registration term are included in the Listing Fee.

In the event a Domain Name is successfully sold or auctioned, Pool.com will advise the successful bidder or buyer (“Buyer”) and attempt to collect payment. Buyer will have 24 hours to complete successful payment of the sale amount.

In the event (1) the sale amount is not collected in full from Buyer within 24 hours, (2) the auction fails to secure the minimum bid specified by the Seller, or (3) there are no offers to purchase the Domain Name for the fixed price specified by the Seller, the Seller may chose to relist the Domain Name for an additional Listing Period or have the Domain Name unlocked by the Registrar Partner. The Seller may then transfer the Domain Name as desired. Please note the Listing Fee is not refundable under any circumstances.

In exchange for listing and/or selling the Domain Name, Pool.com will retain a commission based upon the gross sale price of the Domain Name (“Commission”).

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3. Sellers

In addition to the representations and warranties you further provide herein, as a Seller of a domain name, you represent that: (i) your registration of the Domain Name is current and not subject to deletion, cancellation, rescission, or deactivation by any domain name registrar or registration authority; (ii) 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; (iii) the Domain Name is not the subject of any legal proceedings challenging your right to register or use the Domain Name; and (iv) you have accurately described the Domain Name listing.

Upon payment of the Listing Fee, you are required to promptly approve the transfer of the Domain Name to the Registrar Partner. Following the transfer to the Registrar Partner, (i) the DNS information for the Domain Name will be changed to a Pool-hosted web page promoting/advertising the sale of the Domain Name or to a parked, under construction or similar temporary web page ("Parked Page"), as determined in Pool.com’s sole discretion, and (ii) all e-mail addresses, including registrant, administrative, technical and billing contact e-mail addresses, will be changed to an e-mail address administered by Pool in order to respond to e-mail inquiries about the Domain Name. You authorize such changes to the DNS information and e-mail addresses, and agree that such DNS information and e-mail addresses will remain as set by Pool throughout the Period of Exclusivity (as defined below).

If you choose to place your domain name up for auction, you are required to sell the Domain Name for a bid which meets or exceeds the minimum Listing Price you have specified within the Listing Option you have selected. Carefully consider the Listing Options prior to paying the Listing Fee and approving transfer of the Domain Name to the Registrar Partner – the Listing Price constitutes an irrevocable offer to sell the Domain Name and is not retractable under any circumstances.

If you choose to sell your Domain Name at a fixed price, you are required to sell the Domain Name to the first Buyer meeting the fixed price. Carefully consider the fixed price prior to paying the Listing Fee and approving the transfer of the Domain Name to the Registrar Partner – the fixed price constitutes an irrevocable offer to sell the Domain Name and is not retractable under any circumstances.

You may not place any bids or offer to purchase the Domain Name that you have listed for sale, either under your own name, an alias, or through any entity in which you maintain a controlling interest.

Upon successful completion of an auction for or sale of a particular Domain Name, Pool.com will collect payment of the sale price on your behalf. Pool.com will deduct the Commission from the sale price and provide a cheque payable to you for the remainder of the sale price in due course. Escrowed deposits do not earn interest for the Seller of a particular Domain Name.

In the event of any fraud or other event which results in a failure to collect the sale price following disbursement of the sale price (less Commission) to Seller, Seller agrees to refund to Pool.com the total cost of the sale price paid by Pool.com to Seller in exchange for the return of the Domain Name. Seller also agrees to refund Pool.com for all costs and expenses (including reasonable attorney’s fees) incurred by Pool.com with respect to the refund of the sale price and return of the Domain Name.

If no bids are placed on a particular Domain Name, or the highest bid placed is below the minimum selling price, you may relist the domain at no additional cost or choose to have the Domain Name unlocked by the Registrar Partner. You may subsequently transfer the Domain Name to a registrar of your choice at your own cost.

All returned Domain Names have been renewed for a period of one year provided the Domain Name had not been registered for a period equal to or in excess of ten (10) years at the time of transfer by Seller to Pool.com and such renewal is permitted by the appropriate registry. Fees for such renewal are included in the Listing Fee charged to you.

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4. Buyers

Pool.com relies on the integrity of the users of its services to honour their commitments. If you choose to purchase a Domain Name for a fixed price or bid for a particular Domain Name and you are the highest bidder at the end of the auction, and your offer is accepted, you are obligated to complete the transaction and pay to Pool.com the fixed price or sum of the winning bid. Carefully consider your offers to purchase prior to placing them – such offers are not retractable under any circumstances.

Upon successful completion of an auction for a Domain Name and collection of payment, the ownership of the Domain Name will be transferred to you. Upon transfer of the Domain Name, the Domain Name will remain locked by the Registrar Partner for a minimum period of ninety (90) days which period may be extended in Pool.com’s sole discretion (“Locked Period”). During the Locked Period, you will have control over the Domain Name except that you may not transfer the domain name to another registrar. You may transfer the Domain Name to a registrar of your choice following the expiry of the Locked Period.

All Domain Name registrations subject to a successful auction or offer to purchase have been renewed for a one-year term (or such longer term as is required by the registry) provided the Domain Name had not been registered for a period equal to or in excess of ten (10) years at the time of transfer by Seller to Pool.com and such renewal is permitted by the appropriate registry. The fees for such renewal are included in the Listing Fee charged to the Seller of a particular Domain Name.

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5. .pw Domain Names

Pool.com offers .pw Domain Names for sale through the Domain Marketplace. Notwithstanding the foregoing, all .pw Domain Names are subject to a reserve price. The Seller is required to sell the Domain Name to the highest bidder who meets or exceeds the reserve price. If no bids meet the reserve price, Seller may relist the domain at no additional cost or choose to have the Domain Name unlocked by the Registrar Partner. Seller may subsequently choose to have to transfer the Domain Name to a registrar of its choice at its own cost.

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6. Exclusivity of Listing

Seller agrees that Pool.com shall have the exclusive right to list and/or sell your Domain Name for the duration of the Listing Period, any renewals thereof, and until payment of the sale price has been collected and the domain name has been transferred ('Period of Exclusivity'). Seller may not negotiate directly with any Buyer to avoid paying the Commission during the Period of Exclusivity.

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7. Direction to Transfer Domain Name

Seller hereby directs Pool.com to transfer the Domain Name to the successful Buyer in accordance with the terms and conditions specified herein.

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8. Suppression of Registrant Information During Listing Period

Seller hereby grants Pool.com the right to suppress or otherwise block out any registrant contact information during the Listing Period, including, but not limited to, name, telephone number, facsimile number or e-mail address (“Registrant Contact Information”). Seller agrees not to take any steps to make known your Registrant Contact Information or your ownership of the Domain Name during the Listing Period.

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9. Reservation of Right Not to Sell

Pool.com reserves the right to refuse to list or sell any Domain Name which we feel is an infringement of any third party’s rights, including, but not limited to, trade-mark rights, or that we feel is unsaleable, as determined in our sole discretion.

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10. Termination of Services

Pool.com reserves the right to terminate any of its services at any time, with or without notice to you. In the event of such termination, your sole remedy will be to request a refund of any amounts paid to Pool.com for services that were not completed in whole or in part. In the event that a service was partially completed, you may request a refund of the pro-rata portion of such fee for uncompleted services.

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11. Prohibited Conduct

You agree that you will only use our services for lawful purposes. We have no responsibility to monitor your use of any Domain Name we list, sell, purchase or transfer on your behalf. We reserve the right to terminate your account if a domain registered on your behalf is found to be pointing to or otherwise directing traffic to any content or material in violation of any statute or regulation, including without limitation any violation of domestic or international copyright laws, trademark laws, cybersquatting laws, or any material judged to be threatening or obscene.

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12. No Guarantee

Pool.com does not provide any guarantee whatsoever that the Domain Name will sell or that your offer to purchase a Domain Name will be accepted.

You agree that the listing or purchase of your chosen Domain Name does not confer immunity from objection to either the registration or use of your Domain Name.

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13. Auctions

The terms and conditions applicable to the duration and conduct of auctions are set forth on the website located at www.pool.com and are incorporated herein by reference.

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14. Commission, Fees and Payment

As consideration for the services you have selected, you agree to pay Pool.com the applicable service(s) fees, Listing Fee and/or Commission ( collectively referred to as  Fees ) set forth on our website at the time of your selection. In addition to the Fees, you agree to pay any sales, use, personal property or other governmental tax or levy imposed on the services you have selected. Pool.com is not responsible for the payment of any such taxes.

You agree that Pool.com reserves the right to increase its Fees and you agree to be bound by any fee increase. Any increase in Fees will not be applicable to listings already for sale or in auction at the time of the increase in Fees.

All Fees are due immediately and are non-refundable. Pool.com may take all remedies available to collect Fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Pool.com to collect such Fees.

Payment of all Fees may be made by cheque, wire transfer or, for amounts less than $500 (USD), by credit card with faxed authorization unless otherwise authorized by Pool.com. You agree to keep your credit card information accurate and current with Pool.com at all times. In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, in addition to any other remedies Pool.com may have, we may, in our sole discretion, take any of the following actions: (i) transfer any domain that you have acquired through the Pool.com service to Pool.com; (ii) delete the Domain Name; and (iii) suspend or terminate your account and any or all domain name registrations.

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15. Revenue from Parked Pages

During the Period of Exclusivity, the Domain Name may be linked to a Parked Page. You agree that any revenue generated from the Parked Page during the Period of Exclusivity enures to the benefit of Pool.com.

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16. Security

When you list or offer to purchase a Domain Name with us, we provide you with a password that can be used to access your account. It is your responsibility to safeguard your password. You accept full responsibility for any services purchased, or modifications made to your account, using this password.

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17. Accurate User Information

You must keep your Pool.com user information (including without limitation your name, credit card information and email address) accurate and current so that we may reliably communicate with you regarding the status of your listing or offer to purchase and other Pool.com services you may be using, and collect payment for Fees in a timely manner. If you do not supply accurate and complete contact and credit card information to us, we will be unable to perform our services to you, it will be considered a material breach of this Agreement, and we may, in our sole discretion, elect to cancel the services without further notice to you.

Our privacy statement, located on our website at http://www.pool.com/privacy.aspx and incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information.

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18. Accuracy of Registration Information

In order for Pool.com to ensure the transfer of the Domain Name to Buyer is successfully completed, Buyer must supply us with complete, accurate and current required registration information. You acknowledge that our Registrar Partner is required to make this information publicly available on a WHOIS database and you consent to such disclosure. You agree to maintain and update this information as needed to keep it current, complete and accurate and to respond within fifteen (15) calendar days to any request by us to update or confirm the accuracy of your information. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement and may result in our inability to transfer a Domain Name to you and we may, in our sole discretion, elect to cancel the services without further notice to you.

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19. Registration Agreement and ICANN UDRP

You agree to bound by the registration agreement of the Registrar Partner so long as the Domain Name remains registered with the Registrar Partner, including, but not limited to, the dispute policy set out therein. The registration agreement of our Registrar Partner is located at www.rebel.com/termsandconditions.asp and is incorporated herein by reference. It is your responsibility to read and review the registration agreement and to comply with all terms and conditions contained therein.

You further agree to be bound by ICANN's Uniform Domain Name Dispute Resolution Policy (the "ICANN UDRP"). The current version of the ICANN UDRP may be found at ICANN's website located at www.icann.org . Please take the time to familiarize yourself with that policy.

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20. Third Party Information

You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected; (ii) the intended recipients or categories of recipients of the third party's personal data; (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the third party's personal data. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

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21. Modifications to Agreement

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may revise the terms and conditions of this Agreement and/or change the services provided under this Agreement at any time. Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on the Pool.com website. You agree to periodically review our website, including the current version of this Agreement available on our website, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time. Any fees paid by you prior to termination of your Agreement with us are non-refundable, but you will not incur any additional fees. By continuing to use our services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our website, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by: (i) any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Pool.com or any partner of Pool.com is authorized to alter or amend the terms and conditions of this Agreement.

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22. Modifications to Your Account

In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Pool.com account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

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23. Agents

You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein whether your agent was authorized by you or not. You are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

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24. Notices and Announcements

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to services and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please de-select such options from your Pool.com account.

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25. Limitation of Liability

To the extent permitted at law, Pool.com and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Pool.com services or for the cost of procurement of substitute services.

We disclaim any and all loss or liability resulting from, but not limited to: (i) any failure or inability to transfer a Domain Name; (ii) any third party claims arising from or based on your use of our services; (iii) access delays or access interruptions; (iv) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; (x) our processing of your application for our services, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees; or (xi) the application of the ICANN UDRP or the Dispute Policy.

You agree that our entire liability, and your exclusive remedy, with respect to any Pool.com service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).

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26. Indemnity

You agree to release, indemnify, and hold Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your Domain Name, your use of a Domain Name or the Pool.com services provided hereunder.

When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from a Domain Name, your use of a Domain Name or the Pool.com services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

In addition, you agree to indemnify and hold harmless the Registrar Partner and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to your Domain Name.

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27. No Participation in Dispute

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of any Domain Name or our services. You will not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in a proceeding, we reserve the right to utilize any and all defenses available to us and to take any further action that we deem necessary to defend ourselves

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28. Material Breach

You agree that your failure to abide by any provision of this Agreement, any Pool.com operating rule or policy, the ICANN UDRP or any dispute policy may be considered by us to be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel the services without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

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29. Representations and Warranties

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us is accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party; (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (iv) you have selected the necessary security option(s) for your registration record; and (v) you are of legal age to enter into this Agreement.

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30. Release

You release Pool.com, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and 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 connected with our services. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

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31. Disclaimer

You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.

WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, THAT WE WILL BE ABLE TO LIST, SELL, PURCHASE OR TRANSFER ANY PARTICULAR DOMAIN ON YOUR BEHALF, OR THAT THE SERVICE(S) 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(S) 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 OUR 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 OR REPRESENTATION 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 WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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32. Right of Refusal

We, in our sole discretion, reserve the right to refuse to auction your domain name, accept a bid, transfer the domain name to a successful bidder or allow you to use any other Pool.com services. You agree that we will not be liable for any damages that might result from our refusal to auction your domain name, accept a bid or transfer the domain name or our refusal to allow you to use any other Pool.com services.

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33. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

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34. Entirety

You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the dispute policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

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35. Non-Assignment

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

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36. Governing Law

You agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You agree that any action, suit or application will be brought and heard in Ottawa, Ontario, Canada.

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Last Modified: October 4, 2004
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