Domain Appraisal Agreement
Domain Appraisal Agreement
This WTI Domain Appraisal Agreement (this “Agreement”) is entered into by and between WTI, LLC (“WTI”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of WTI’s Domain Appraisal Service (“Domain Appraisal Service” or the “Service”). Your acceptance of this Agreement indicates that you have read, understand and agree to the terms of this Agreement, along with WTI’s User Agreement, which is hereby incorporated by reference. Any capitalized terms not defined within this Domain Appraisal Agreement shall have the meaning as described in the WTI User Agreement.
WTI may, in its sole discretion, change or modify this Agreement at any time after a reasonable notification period, usually no less than two weeks, and, unless WTI receives your written objection to the modified terms of the Agreement within the notification period, such changes shall be effective upon posting to the WTI website (“Site”). You acknowledge and agree that (i) WTI may notify you of such changes or modifications by posting them to the Site and (ii) your use of the Site or the Services found at the Site after the Effective Date date at the top of this page, shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Site or the Services found at the Site.
2. Description of Domain Appraisal Service
You may order WTI's Domain Appraisal Service, either online or in writing, whereby, upon accepting your order, WTI agrees to provide you with a restricted-use appraisal for the Domain you have submitted. For each Internet domain name (“Domain”) submitted for appraisal, a trained WTI domain appraisal specialist will evaluate the Domain and provide you with a written appraisal report consisting of an estimated fair market value for the Domain and an explanation of the factors impacting the potential market value of the Domain.
Domain appraisals provided by WTI are for the sole use of the user and for the intended use of contemplating a potential sale or purchase or for personal planning. Use by third parties such as insurance companies, auction houses, courts of law or the IRS is strictly prohibited. Use by any third party will render this appraisal null and void. Appraisal reports do not include an evaluation of auction replacement value or marketable cash value. Domain Appraisal Services for other intended uses can be negotiated with WTI under a separate written agreement.
WTI reserves the right not to provide its Domain Appraisal Service for certain Domains if the nature and composition of the Domain would significantly affect the value or WTI lacks sufficient competency, adequate market knowledge, or experience to evaluate said Domain.
2.1. Estimated Fair Market Value
Appraised fair market values obtained from the Domain Appraisal Service are based on information and comparables actually known and available to WTI and represent a good faith estimate of the fair market value of a Domain that a knowledgeable, willing, and unpressured buyer may pay to a knowledgeable, willing, and unpressured seller in the market. Furthermore, you understand and accept that the estimated fair market values provided by WTI may deviate significantly upwards or downwards over time based on market conditions and/or the Domain’s legal situation and may not reflect a buyer or seller’s actual final sale prices.
UNLESS AGREED BY WTI SEPARATELY IN WRITING, APPRAISED FAIR MARKET VALUES OBTAINED FROM THE DOMAIN APPRAISAL SERVICE REFLECT THE POTENTIAL VALUE OF THE DOMAIN ONLY AND DO NOT INCLUDE AN EVALUATION OF THE POTENTIAL VALUE OF THE DOMAIN’S RELATED WEBSITE CONTENT, USER BASE, OR ANY BUSINESS CURRENTLY OR POTENTIALLY OPERATED UNDER THE DOMAIN.
Domain appraisal reports will be delivered electronically to the email address listed in your WTI User Account within three (3) business days.
3. Fee & Related Costs
If you order the Domain Appraisal Service you are subject to WTI’s fees at the time of order as listed on the WTI Price List, which is located on the Site and subject to change from time to time. Costs are per domain with the exception of bulk or portfolio appraisal orders.
4. Legal Advice
WTI does not provide or offer legal advice. None of the information contained on the WTI Site, none of the information provided in the appraisal reports, nor any information provided by WTI employees shall be considered, in any form, to be legal advice or an offer to provide legal advice.
5. Disclaimer of Warranties by WTI
The appraisal reports provided pursuant to the Domain Appraisal Service are offered on an as-is basis. The information contained in any of WTI’s domain appraisal reports is based on WTI’s domain evaluation model developed through years of experience, comparable sales, and training. WTI appraisal reports do not include an evaluation of the Domain’s legal situation, hypothetical conditions, potential claims against the Domain or the Domain registrant, nor the Domain’s prior, current, or future impact on the rights of any third party, including but not limited to, trademark owners. The analysis applied to the estimated fair market value may be limited due to incomplete or inaccurate descriptions provided by the client, the research resources and comparables available to WTI, the amount and type of information researched, and other limiting conditions. An online appraisal is largely based on critical assumptions, any of which, if proven to be incorrect, could render the value conclusion inaccurate. You agree to assume the risk of such appraisals and shall hold WTI free of any form of liability in providing the appraisal.
In addition to those disclaimers and limitations on warranties found in the WTI User Agreement, Buyer and Seller understand, acknowledge and agree that:
WTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WTI FURTHER EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES THAT THE ESTIMATED FAIR MARKET VALUE OF AN APPRAISED DOMAIN WILL MATCH THE DOMAIN’S ACTUAL SALE PRICE AND DOES NOT REFLECT SPECIAL MARKET CONDITIONS, BUYER OR SELLER NEGOTIATING POWER, NOR LEGAL ISSUES OR UNCERTAINTIES SUCH AS WITH RESPECT TO ANY POTENTIAL CONFLICTS WITH INTELLECTUAL PROPERTY RIGHTS INCLUDING, BUT NOT LIMITED TO, TRADEMARK OR NAMING RIGHTS OF THIRD PARTIES.
All contents of WTI appraisal reports are the copyright of WTI and/or its affiliates. All rights reserved.