Agreement for .com, .net, .org, .info, and .biz Domain Names
This page contains our legal agreement for domain names ending in .com, .net, .org, .info, and .biz. You agree to be bound by these terms if you use our domain name services.
In this Registration Agreement ("Agreement"), the terms "Registrant", "you" and "your" refers to the registrant of each domain name registration. The terms "we", "us" and "our" refer to Tiger Technologies LLC and to the separate domain name registrar used to process your registration, if any. The term "Services" refers to the domain name registration services provided by us, and the term "Registered Name" refers to the particular domain name you register. Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the Registered Name.
This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME.
You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if we indicate that a domain name is available. You represent that to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party. You further represent that the domain name is not being registered for, and shall not at any time be used for, any unlawful purpose.
Fees for domain name service are due and payable in advance, and are non-refundable even if your domain name registration is suspended, canceled or transferred prior to the end of your current registration term.
If you purchase a bundled package that includes Web hosting service, we may provide you with domain name registration and renewal service for the hosted domain name at no additional charge. Such domain names are subject to restrictions and may not be available in all cases.
If you purchase a bundled Web hosting service that includes a domain name at no additional charge, then subsequently cancel the Web hosting service, your domain name will be converted to our standard paid domain name service. You will then be responsible for the payment of any future domain registration and renewal fees at our standard rates, including an immediate prorated fee to cover the partial year of domain name registration service from the date you cancel your Web hosting until the domain name's expiration date. However, we will waive this prorated fee if you do not intend to use or renew the domain name and you choose the option to "abandon" it during the Web hosting cancellation process, provided that you do not sign up for and abandon more than three separate Web hosting accounts in any sixty day period. We may show advertising on "abandoned" domain name pages or use the domain name in any other manner we choose.
4. DOMAIN NAME EXPIRATION.
Domain names are registered for a fixed duration. Unless we provide you with automatic domain name renewal (such as the automatic renewal we provide with some bundled Web hosting packages if your account is in good standing), you will need to renew your domain name when it expires if you wish to continue using it. When the domain name's expiration date approaches, we will attempt to notify you by sending at least two courtesy e-mail messages to the e-mail address we have on file, unless you have notified us that you do not wish to renew it. However, problems beyond our control (such as spam-filtering systems or outdated addresses) can prevent e-mail from reaching you, so we shall not be liable if you do not receive these messages. You agree that you are solely responsible for tracking the expiration date of your domain name and renewing it if desired.
If you do not renew your domain name on or before the expiration date, the domain name will be disabled but may still be renewed for 30 days by paying the usual renewal fee.
If you do not renew your domain name within 30 days after the expiration date, we may at our discretion either delete it within the following 15 days or assume the registration.
If we delete the domain name, it may then enter a "Redemption Grace Period" for a registry-determined length of time (usually about 30 additional days). If so, the domain name may be recovered during this period by paying a $100.00 fee (which includes the domain name renewal, registry fees and filing costs). After the "Redemption Grace Period" (if any) ends, the domain name will be made available to other parties and can no longer be renewed.
If we choose to assume the registration, you agree that we may instruct the registry to renew the domain name even though it has expired. You will then have 50 additional days (80 days total past the domain name's original expiration date) to renew the domain name and extend the term of your domain name registration by paying us the usual renewal fees. If you fail to renew it within that period, you agree that the terms and conditions of this Agreement shall cease because you failed to renew the expired domain name, that you can no longer renew the domain name, and that we shall become the registered name holder.
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or renewal. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
6. MODIFICATIONS TO AGREEMENT.
You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that we may modify this Agreement, or any other related and/or applicable agreement, as necessary to comply with policies, contracts or agreements with ICANN, with a registry or with any other entity or individual, as well as to adjust to generally changing circumstances. Any modifications will be posted on our Web site. Your continued use of the Services will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be canceled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement or policy.
7. NO GUARANTY.
You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES.
You agree that if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, we may transfer control of your registration record to the judicial or administrative body.
You further agree that for the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, and (ii) where we are located.
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to our policies or to a registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with our policies and registry, ICANN or government-adopted policies, (a) to correct mistakes by us or a registry in registering the name or (b) for the resolution of disputes concerning the domain name.
Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominantly informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12. NO SPAM.
You agree that you will not use the Services to transmit, and will not allow others to transmit, unsolicited bulk messages ("spam"). You further agree that you will not use the Services in association with spam. In particular, you agree that you will not use the Services to collect information from, or to distribute information to, people who respond to unsolicited bulk messages that you have caused or allowed to be sent.
Any violation of this section shall constitute a material breach of this Agreement and be a basis for termination of this agreement and cancellation of your domain name without refund and without notice to you.
13. RESERVED DOMAIN NAME PAGES.
You agree that if your domain name does not otherwise resolve to an active Web site, we may display a temporary Web page at your domain name address, indicating that your domain name has been reserved. The page may contain links to, and advertisements for, our services. If you do not want your domain name to display a temporary Web page, you may contact us at firstname.lastname@example.org to ask us to completely disable the temporary page. If you do so, attempts to view your Web site address will result in an error message instead.
14. DOMAIN NAME LOCKING.
You agree that we may lock your domain name using the registry's "clientTransferProhibited" state to prevent unauthorized transfers. If you intend to transfer your domain name, you may need to login to our account management Web pages to unlock the domain name before transferring it.
15. LIMITATION OF LIABILITY.
You acknowledge and agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tiger Technologies LLC and its owners, directors, managers, employees, affiliates, subsidiaries, agents and third party providers, including ICANN and the applicable registries, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (a) loss or liability resulting from access delays or access interruptions; (b) loss or liability resulting from data non-delivery or data mis-delivery; (c) loss or liability resulting from acts of God; (d) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (e) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (f) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to release, indemnify, defend and hold harmless Tiger Technologies LLC, its contractors, agents, employees, officers, managers, directors, owners, affiliates and third party providers, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates from and against all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name including without limitation infringement by you or a third party with access to your password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit 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 breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
17. TRANSFER OF OWNERSHIP.
The person named as registrant in WHOIS shall be the registered name holder. The person named as administrative contact with access to the controlling password shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee"), you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by us at our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
19. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, 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 that defects in the Service will be corrected. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly made herein.
You are required to provide us with the following information, and to update the information with us promptly if it changes, so that our records are current, complete and accurate:
(a) your name and postal address (and, if different, that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
(d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
(e) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
Any other information we request is voluntary and is collected so that we can continue to improve the products and services offered to you.
21. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as required by ICANN, registry policy, and applicable laws. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all of the domain name registration information you provide, for purposes of inspection (such as through the WHOIS service) or other purposes as required by ICANN, registry policy, and applicable laws.
(a) You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
(b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain name account management Web interface.
(c) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
(d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
22. MODIFICATIONS TO YOUR INFORMATION.
In order to change any of your account information with us, you must use the password that you selected when you opened your account with us. You agree to safeguard your password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your password.
23. OBLIGATION TO MAINTAIN CONTACT INFORMATION.
Your willful provision of inaccurate or unreliable information, or your willful failure to promptly update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with your domain name, shall constitute a material breach of this Agreement and be a basis for termination of this agreement and cancellation of your domain name without refund and without notice to you.
24. WHOIS PRIVACY DISCLAIMER.
To increase your privacy, we may supply an altered copy of your contact information to the domain registry for display in the WHOIS records. If we do so, your postal address and telephone number will be replaced with our own, and your direct e-mail address will be replaced with a special spam-filtered forwarding address. Your personal name (and organization name, if any) will appear unaltered.
This feature provides some privacy protection, but does not guarantee complete privacy. In particular, you should be aware that it may not be available for some accounts, that we will release unaltered WHOIS contact information to parties that claim to have a legitimate need to contact you (such as parties alleging copyright or trademark violations), and that the feature may be disabled at our sole discretion for any reason.
If your account uses our WHOIS privacy feature, you hereby designate us as your agent to receive and forward certain important communications to you and to discard certain other unimportant communications: (a) we will attempt to forward registered postal mail (such as legal notices) to the "Administrative Contact" postal address you provided for your account, and we will notify the sender of your direct address for future mailings; (b) we will discard non-registered postal mail; and (c) we will attempt to forward telephone and e-mail messages to you at the "Administrative Contact" e-mail address you provided for your account, unless they are merely solicitations or appear to have been sent by known abusive bulk senders such as "spammers", in which case they will be discarded if possible.
You agree that any forwarding we provide is on a best-effort basis, and that we are not liable if forwarded materials fail to reach you for any reason. If you are unwilling to accept the risk of misdirected communication from parties trying to contact you via the public WHOIS records, or if you wish to have your unaltered contact information displayed in the WHOIS records for any other reason, you agree that you must ask us to disable the WHOIS privacy service for your account and list your direct contact information in the WHOIS records.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
26. REGISTRANT RIGHTS AND RESPONSIBILITIES NOTICE.
ICANN requires that we provide you with a link to their "Registrant Rights and Responsibilities" page. The Registrant Rights and Responsibilities page can be found here.
27. INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via postal mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to us must be sent to email@example.com. Any notice to you will be sent to the e-mail address provided by you. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of postal mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing. Postal notices to us shall be sent to:
Tiger Technologies LLC
Attn: Legal Affairs
PO Box 7596
Berkeley CA 94707
and in the case of notification to you shall be sent to the address specified as the "Administrative Contact" provided by you.
You agree that this Agreement, the applicable dispute policy and the rules and policies published by us and any applicable registry or other governing authority are the complete and exclusive agreement between you and us regarding our Services.
31. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN CALIFORNIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
You attest that you are of legal age to enter into this Agreement.
33. FORCE MAJEURE.
You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
34. ADDITIONAL REGISTRY PROVISIONS.
The following additional provisions apply to any domain names that you register through us with the various registries:
(a) .com/.net/.org domains: In the case of a ".com", ".net" or ".org" domain name registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification.
(b) .info domains: In the case of a ".info" domain name registration, the registry operator is Afilias, Ltd. ("Afilias"), and the following additional terms and conditions shall apply:
(i) You consent to the use, copying, distribution, publication, modification, and other processing of your personal data by Afilias and its designees and agents in a manner consistent with the purposes specified pursuant to its registry contract.
(ii) You agree to submit to proceedings commenced under ICANN's Uniform Domain Dispute Policy ("UDRP") at http://www.icann.org/dndr/udrp/policy.htm and the Afilias Sunrise Domain Dispute Policy ("SDRP") at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised; these policies are subject to modification.
(iii) You agree to immediately correct and update the registration information for your domain name during the registration term for the domain name.
(iv) You acknowledge that Afilias will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
(v) You agree to indemnify, defend and hold harmless Afilias, Ltd. 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 relating to your domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement.
(vi) Tiger Technologies LLC and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
(c) .biz domains: In the case of a ".biz" registration, the following terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
(C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
(D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
(iii) Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the WHOIS directory.
(K) You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
35. ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.