Buyer offers to purchase and Seller agrees to sell the Internet
domain name know as "PhillySays.com" in accordance to the terms and conditions set forth below:
Buyer agrees to pay $24,204.00 United States Dollars ("USD") for the domain name PhillySays.com without any relief from valuation or appraisement laws.
METHOD OF PAYMENT:
method of payment shall be "Rent to Own". Buyer shall pay 12 monthly
rent payments in the amount of $2,017.00 USD. The
first monthly rent payment shall be due upon the acceptance of this agreement with like
rent payments due each month thereafter.
hereby authorizes Seller to
charge his credit card $2,017.00 for each month during the term of this agreement until the entire purchase
price is paid in full. Additionally, Buyer agrees to maintain active credit card
information and current contact information in his "My Profile" section which can be updated by logging in at www.linkUwant.com/login.
Once Buyer has paid
the 12 monthly rent payments or a total of ($24,204.00 USD) then Seller shall transfer all rights, title and interest in the domain name PhillySays.com to Buyer.
Seller agrees, upon receipt of satisfactory payment, to perform
one of the
Push the domain name PhillySays.com to an account held by Buyer at "eNom.com". This
form of transfer would be at no cost and would provide an instant change of ownership.
If Buyer desires to change
registrars, Seller agrees to fully cooperate with Buyer in
transferring PhillySays.com to Buyer's registrar.
Buyer agrees to pay all associated transfer fees as required by the
Buyer agrees that the purchase
and subsequent registration of the domain name PhillySays.com shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by any Registrar, the Registry, or the Registry administrator in registering the name, or (2) for the resolution of disputes concerning the PhillySays.com.
Seller hereby represents the following:
That he is the Registrant
and the sole owner of all right, title and interest in the domain name PhillySays.com
That he has full right and authority to transfer the domain name PhillySays.com to Buyer
Buyer hereby represents the
That, to the best of his knowledge and belief, neither the registration of PhillySays.com nor the manner in which PhillySays.com will be directly or indirectly used will infringe on the legal rights of any third party. Buyer shall accept liability for harm caused by wrongful use of PhillySays.com.
That he has full right and authority
to bind Buyer to the terms and conditions of this Agreement.
During the course of this Agreement Seller agrees to
provide Buyer the exclusive use of the domain name PhillySays.com. Furthermore, Buyer and Seller agree not to
lease, transfer or assign any rights of the domain name to any other person or
company with out written consent from the other party. Additionally, Seller agrees to keep its ownership current and in good standing with it's domain name registrar.
The parties have negotiated this agreement between themselves, and there are no brokers or agents entitled to compensation. In the event that any brokers or agents seek compensation herein, the parties shall each indemnify the other from any damage, expense including counsel fees, which either may suffer as a result of the claim of a broker or agent, and the party who is determined to have breached this representation shall be responsible for payment of indemnity and the obligation to the broker or other agent.
In the event Buyer is unable to perform all the terms of this Agreement, Seller may terminate this agreement, keep all rights to the domain name and keep all monies paid by
Buyer as rent.
Buyer shall have no further recourse against Seller or any claim to PhillySays.com whatsoever.
Buyer, in the use of PhillySays.com
shall abide by all government laws, rules and/or regulations. In
addition Buyer shall abide by any agreements, policies, rules or
regulations that are required of the Domain Owner or Seller. These
shall include but are not limited to the items listed below, plus any
additional policies, rules or regulations as set out by the Internet
Corporation, the web hosting provider, and the ICANN-domain registrars
eNom.com (Our current registrar)
For the adjudication of disputes concerning or
arising from sale or use of PhillySays.com Buyer shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts in Marion County,
If any provision of this Agreement is held to be
unenforceable for any reason, the remaining provisions shall remain in
full force and effect.
The waiver of any breach of this Agreement will not
operate as a waiver of any other or subsequent breach.
In interpreting this Agreement, all captions and titles shall be disregarded, and when applicable, the singular of any word shall mean or apply to the plural, and masculine form shall mean and apply also to feminine, and vise versa.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of a section, nor in any way affect this Agreement.
In the event of breach of any material term of this Agreement, the prevailing party shall be entitled to recover the reasonable costs of collection including reasonable attorney fees.
This Agreement constitutes the entire understanding
and agreement between Seller and Buyer. This Agreement may only
be amended in writing acknowledged by both parties.
Any notices required or permitted hereunder may be
given by electronic mail or fax if receipt is confirmed by the
recipient, or if the notice is also sent by first class mail. Notice
will be deemed given on the date the electronic mail is sent.
Facsimile signatures shall be deemed original signatures.
All payments, inquires or notices to be delivered
to Seller at:
6104 E. 21st Street
Indianapolis, IN 46219-2002
DISCLAIMER OF WARRANTIES:
The use and/or ownership of a
domain name can be prohibited by Federal, State or Local Laws. Seller makes
no warranties as to lawful use and/or lawful ownership of PhillySays.com.
Buyer has been afforded the opportunity to make his own investigate of the local Recorders Office, the Secretary
of State, the United States Patient Office to determine if any part of
this name is in violation of any Trademark and/or infringes on any local
business name. Seller makes no warranties and Buyer is buying the domain
name without regard
to lawful use or ownership.
EXCEPT AS SET FORTH HEREIN,
SELLER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Seller shall not be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement. The maximum amount of damages to be paid to the
Buyer shall be limited to the Purchase Price stated above.
Payment of the first monthly
rent installment by Buyer and acceptance of said payment by Seller serves as acknowledgement
that both parties have read, fully understand, and approve this Rent To
Own Agreement for PhillySays.com