Terms and Conditions

Terms of Service

Date of Last Amendment: November 30, 2022

Thank you for visiting our Website.

This Website is owned and operated by Brands Dot Com Corporation (“Brands.com,” “we,” “us,” “our”). Brands.com''s registered address is 171 Esplanade W #600, North Vancouver, BC V7M 3J9 Canada. As applicable, “Brands.com” includes our shareholders, directors, officers, employees, contractors, freelancers, agents, representatives, successors, assigns, and affiliated and subsidiary companies.

By visiting or using our Website, you agree to these Terms of Service (“Terms”). Please review them carefully. These Terms are a binding legal contract between you and us.

If you cannot agree to these Terms, do not use our Website or buy our products. If you have questions about these Terms, contact us at joshua@brands.com.

Please ensure you also review our Privacy Policy. If you do not consent to our collection or use of personal information as explained in our Privacy Policy, please follow the procedures in that Policy.

Please note that we may amend these Terms without notice. Please check these Terms from time to time. If the Date of Last Amendment is more recent than your last visit, please review them again. Your continued use of the Website or purchase of a product after an amendment means you accept the new Terms.

Our Website provides information about Brands.com and the products we sell. These Terms outline (A) our mutual commitments with respect to the use of our Website, and (B) the terms and conditions of the purchase and sale of our products.

Your Rights

You are free to browse our Website without cost or obligation as often as you like.

Your Obligations

You will only use the Website for lawful purposes.

Without our prior written consent, you may not:

You agree that you will:

Disclaimer of all Warranties with respect to use of the Website

Our Website is provided on an “as-is” and “as-available” basis. Except as provided in these Terms and to the fullest extent permitted by applicable law, we expressly disclaim all warranties, express or implied, with respect to our Website or use thereof including without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that our Website will meet your requirements or that access to it will be uninterrupted, timely, secure, error-free, or that defects, if any, will be corrected. Except as expressly provided in these Terms, we make no warranties with respect to the accuracy, quality, or reliability of information on our Website.

You agree that any material and/or data downloaded or otherwise obtained from our Website is used at your own risk and that you will be solely responsible for any damage to your computer or device, or for loss of data, that results from the download.

Protection of our Intellectual Property rights and your license to use the Website

You agree that the content on our Website including text, graphics, software, sound (including spoken words and music), photographs, video clips, and content provided by sponsors, advertisers, or other users ('Intellectual Property rights') is owned by Brands.com or the applicable third party and is protected by copyright, trademark, patent, or other proprietary rights and laws.

You may not use or display any of our trademarks, logos, or service marks without our prior written consent. You may not use or display any other trademarks, logos, or service marks displayed on our Website without the permission of the owners.

You are granted a non-exclusive, non-transferable, revocable, limited license to view content on our Website for the purpose of obtaining information about and purchasing our products. Except as expressly provided in these Terms, nothing on our Website shall be construed as conferring any other license or right expressly, by implication, estoppel, or otherwise to any of Brands.com''s or a third party''s Intellectual Property rights. All rights not expressly granted herein are reserved.

General Limitation on our Liability related to the use of our Website

You understand and agree that under no circumstances will we or our subsidiaries, affiliates, directors, officers, employees, contractors, subcontractors, Website content contributors, or agents be liable for any indirect, special, incidental, or consequential damages including, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages resulting from or associated with your use of our Website. This limitation applies regardless of the manner in which damages are caused or the theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the Website; or (2) the cost of procuring substitute products or services.

Communication

You confirm that any contact information provided to us is true and accurate.

If you reach out to us, you consent to us contacting you. You consent to receive e-mails from us or on our behalf relating to our products.

For further information, please review our Privacy Policy.

Other Terms of Use of our Website

Brands.com may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party.

Our delay in exercising any right or remedy under these Terms shall never operate as a waiver of that right or remedy and shall not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.

These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

Termination of our Website

We may, in our sole discretion, terminate or suspend operation of our Website or your use of our Website without prior notice to you. We may do so for any reason that we, in our sole discretion, determine to be appropriate.

Brands.com is a domain name marketplace and reseller. The domain names we own and sell are registered in our name, or in the name of our clients with an ICANN-accredited domain name registrar such as godaddy.com.

When you purchase a domain name from Brands.com, we transfer ownership into your name with godaddy.com > via a “push” transfer/account change, or transfer ownership to you/register the domain name with your preferred domain name registrar. We may also electronically deliver a supplementary business and marketing package to you that includes logo files, and in some instances, audio and animation files. You have no obligation to use any of the supplementary materials we provide and we similarly have no obligation to provide them.

Transactions are processed through escrow.com. The process and the protections afforded buyers and sellers of domain names are described in detail here.

Escrow.com’s fees are paid by Brands.com.

When you purchase a domain name from us, you own it permanently and irrevocably as against us because we transfer all rights and obligations of ownership to you. However, to maintain ownership of a domain name, it must be re-registered in your name on a yearly basis with an ICANN-accredited domain name registrar.

Other than once to transfer ownership to you at the time of purchase and sale, Brands.com is not responsible for registering the domain name in your name with a domain name registrar. Thereafter, it is your responsibility to renew your domain name registration and to pay all required fees and, if applicable, taxes. If you neglect or otherwise fail to do so, you will lose ownership of the domain name.

If required by law, sales taxes will be collected in connection with the purchase of our products.

Warranty

We guarantee that we own the domain names that we sell, i.e., that our ownership (title) is unencumbered and that there are no legal, equitable, or other restrictions on our right to sell them. We make no other warranty and extend no guarantee of performance, either expressed or implied, beyond that stated in this section, including no warranties of merchantability or fitness for purpose.

Limited Liability

To the fullest extent that may be disclaimed at law:

(a) Without limiting the generality or applicability of subsection (b), immediately below, we are not liable for failures to perform, or for delays in the performance of, any obligations described in these Terms or elsewhere on our Website that result wholly or in part from any factor(s) beyond our direct and immediate control.

(b) We are not liable for costs or losses of any nature that you incur as a direct or indirect result of delays in the transfer or delivery of our products, whether or not such delays are reasonable. Without limiting the generality of the foregoing, we are not liable for costs or losses of any nature relating to delayed website launches or other openings (e.g., delays to the “grand opening” of a website or retail location) or delayed closing dates (e.g., delays to the processing of a sale of a product or service on your website).

(c) We are not liable to you in relation to the purchase and sale of products, or any delays related thereto whether within or beyond our control, whether for breach of contract, warranty, negligence, strict liability, in tort (including without limitation, negligence), or otherwise for pre-contractual or other representations (other than fraudulent misrepresentations) that result in (1) economic or commercial loss (including without limitation loss of revenue, profits, contracts, business, savings or anticipated savings); (2) any loss of goodwill or reputation; (3) any special, punitive, indirect, consequential, or incidental loss or damages (including without limitation, loss of use, loss of time, or inconvenience); whether such are suffered by you, your agent, or a third party.

(d) In no event will our total liability to you arising out of or in any way related to our sale of a product to you exceed the total cost of the product.

Indemnification

You agree to indemnify and hold harmless Brands.com, its directors, officers, employees, contractor, subcontractors, Website content contributors, agents, co-branders, suppliers, subsidiaries, parent companies, and affiliates from any and all liabilities, losses, claims (including, but not limited to, claims for injunctive relief), demands, disputes, damages, losses, liens, causes of action, suits, civil, criminal, statutory, or administrative actions or proceedings, fines, taxes, assessments, penalties, judgments, and/or other expenses of any kind, nature, or description whatsoever (including, but not limited to, Brands.com’s legal fees and expenses and costs of investigation) resulting from or in any way connected with (1) your use of the product you purchase from us; (2) content or information you submit or transmit through the Website; (3) privacy, tort or other claims relating to the provision of personal information to Brands.com that is not owned by you (which provision would be a violation of these Terms); and/or (4) your breach of these Terms.

Our additional remedies

In order to avoid irreparable injury to Brands.com, in the event of your breach or threatened breach of these Terms or your failure or threatened failure to complete a purchase, we may seek an injunction and/or other equitable relief restraining such breach or threatened breach in a court of law. Nothing in these Terms shall be construed as prohibiting us from pursuing any other remedies available for such breach or threatened breach, including the recovery of monetary damages from you.

Other Terms and Conditions of the Purchase and Sale of our Products

Brands.com may, at our discretion, assign, transfer, or subcontract any of our rights or obligations under these Terms to any third party. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of a transaction or your account or relationship with us.

Our delay in exercising any right or remedy under these Terms will never operate as a waiver of that right or remedy and will not affect our ability to exercise that right or remedy subsequently. We must agree to any waiver in writing.

These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.

You verify that any contact or other information provided to us in connection with a purchase and sale or possible purchase and sales is true and accurate.

You specifically warrant that the information you provide for us to carry out the transfer of ownership of a domain name to you is complete and accurate, whether the transfer is via a “push” transfer/account change notification or the transfer/registration is completed with another domain name registrar.

You understand and agree that you bear all risks of loss if you provide us with incomplete or inaccurate information with respect to domain name transfers/registrations.

Dispute Resolution

These Terms of Service and any agreement of purchase and sale between you and Brands.com shall be construed and governed by the laws of the province of British Columbia, Canada. Any matters in dispute between you and Brands.com shall be submitted to, and determined by, a court of competent jurisdiction in the province of British Columbia. You irrevocably waive any claim of inconvenient forum.

Terms and Conditions of the Purchase and Sale of Our Products

not obtain or attempt to obtain unauthorized access to our Website or areas of the Website that are restricted from general access.

not use meta tags or any other 'hidden text' utilizing Brands.com’s name, trademark, logo, or other proprietary information without our prior written consent; and

not reverse engineer or create derivative works based on our Website or any content available through our Website including, without limitation, any software;

not use, frame, or utilize framing techniques to enclose Brands.com’s trademark, logo, or other proprietary information (including images/text found on our Website, or the layout/design of any page or form on our Website) without our prior written consent;

not transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;

not disrupt or interfere with any other user''s use or enjoyment of the Website or an affiliated or linked website;

not disrupt or interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked website;

use the content of the Website for any commercial purpose.

modify, distribute, or re-post any content on the Website for any purpose; or,

use, copy, reproduce, or sell content on the Website;