Funds not be secured nor received directly by Kusman Enterprises within the 3 days period, the user must agree to transfer within a 48 hour email notice, a deposit of 50% of the domain price, NO REFUND WILL BE GIVEN WHATSOEVER. Otherwise Kusman Enterprises shall have no further obligation to hold the domain for the buyer and is free enter a new sale with any other potential buyer. The receipt of a deposit however shall only oblige Kusman Enterprises to continue to hold said domain “off the market” for an additional 20 day period. If the transaction still remains uncompleted at no fault other then non receipt of funds then the transaction shall be considered abandoned by the user and said deposit funds shall be considered forfeited by user as liquid damages to Kusman Enterprises without recourse. KusmanEnterprises.com agrees upon notification of the securing of funds to take prompt action to facilitate the complete transfer domain title to the buyer’s specifications. Kusman Enterprises shall not however be responsible to transfer title as specified by User should the information be deemed insufficient or unacceptable by the registrar of record to complete the title transfer. User shall be required to provide new information to facilitate the transfer upon such demand
Statement of Domain Title / Warranties
Kusman Enterprises recognizes that domain names are considered by the courts to be intangible property assets. We therefore expressly declare all domains listed for sale are under the sole and absolute ownership of Kusman Enterprises Therefore we declare to have the good and valid right to sell and convey said domain properties to all buyers.
The Domain Names have not been pledged to any third party, nor been mortgaged, nor subject of any security interest granted to any third party We declare that we hold no trademark, trade name, or other proprietary commercial interest in the domain name and will hereafter make no objection ourselves to Buyer's use of the domain name once acquired.
Futhermore Kusman Enterprises declares that the domains listed are not currently nor anticipated to come under any legal ownership challenge via ICANN dispute resolution procedure or other independent legal proceeding.
Nevertheless Kusman Enterprises neither guarantees nor has investigated the buyers legal right to develop said domain names into active web properties. Therefore being fully aware of the nature of domain names, all buyers expressly agree to assume all the legal rights, responsibility, and future potential legal risks that may or may not be connected in accepting full ownership of said domain name.
Suspension of Sale
Buyer agrees that should Kusman Enterprises become a legal party to any claim of infringement or any trademark, trade name, service mark, copyright dispute on a domain in process of sale to a buyer, Kusman Enterprises shall at that point have the right to suspend the transaction until all contentment have been settled. Should we be unable to complete the sale of the domain to user as a result of such actions, the user shall have no right to make claim for damages or bad faith on the part of Kusman Enterprises. In such case any monies held either on deposit or in escrow for the transaction shall NOT be returned to the buyer.
Irrespective of the above statement our liability to you and or any third parties under any circumstance is shall be limited to $25.00. All transactions are completed in good faith on the part of Kusman Enterprises .
Right to make Public Announcements. Upon completion of a transaction, the buyer grants KusmanEnterprises.com the right to make public announcement(s) of the domain sale via the KusmanEnterprises.com Website, Press Release(s), or any other promotional appropriate media without compensation or commission due to the buyer. The details of such announcements could include the Buyer name, the domain name and the amount of the transaction.
Failure to Perform. Kusman Enterprises may immediately issue a warning, temporarily suspend, including canceling any pending transfers if we are unable to verify or authenticate any information necessary to proceed with the transfer of title.
Links to other Website(s).Kusman Enterprises contains links and pointers to other Internet sites, affiliate partners, strategic partners and sponsors. Links to any do not constitute an endorsement by Kusman Enterprises.
Arbitration.Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in California, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Kusman Enterprises may seek any interim or preliminary relief from a court of competent jurisdiction in Irvine, California necessary to protect the rights or property of you or Kusman Enterprises pending the completion of arbitration. General. This Agreement shall be governed in all r
General. This Agreement shall be governed in all respects by the laws of the State of California, together with any applicable United States Federal Laws. 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.
Prohibited Uses. Kusman Enterprises imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Warranty Disclaimer. COMPANY HEREBY DISCLAIMS ALL NON-EXPRESSED WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL NON-EXPRESSED WARRANTIES, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
