This Apps Marketplace Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of the use of the Namecheap marketplace platform (“Apps Marketplace”), which provides third-party applications and services to Namecheap customers (“App” or “Apps”). In this Agreement "You" and "Your" refer to You as the user of the Apps Marketplace, or any agent, employee, servant or person authorized to act on Your behalf. "We", "Us" and "Our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies (“Namecheap”). “Provider” refers to a third-party which offers its product and/or service on the Apps Marketplace in the form of an Apps Marketplace application. This Agreement explains Our obligations to You, and explains Your obligations to Us for using the Apps Marketplace. These obligations are in addition to (not in lieu of) any terms and conditions that apply to Your use of the Services under any other Namecheap policies and/or agreements.
Term of Agreement; Modification.
You agree that Namecheap may, in its sole and absolute discretion, modify or change this Agreement, the Apps Marketplace and/or the Apps offered on the Apps Marketplace from time to time and that such modifications or changes are effective immediately upon posting to this site. Your use of the site, the Apps Marketplace or any App(s) after such changes or modifications have been made constitutes Your agreement to be bound by this Agreement as last revised. If You have purchased any App(s) on the Apps Marketplace, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as You take advantage of and use the App(s).
Provider Terms & Conditions
You acknowledge and agree that access to the Apps Marketplace and the purchase and/or use of any App(s) on the Apps Marketplace is subject to this Agreement, the Universal Terms of Service Agreement as well as any specific terms and conditions imposed by the Provider relating to the particular App(s) (“Provider T&Cs”). The obligations under this Agreement are in addition to (not in lieu of) any and all Provider T&Cs. Provider T&Cs cannot subtract from, modify, change and/or alter any term or condition arising under this Agreement. In the event of conflict or inconsistency between this Agreement and any Provider T&Cs, the terms and conditions under this Agreement (including any applicable Namecheap policy or agreement incorporated by reference herein) govern and the conflicting or inconsistent provision(s) in the Provider T&Cs are void and of no effect to the extent of that conflict or inconsistency. We reserve the right in Our sole and absolute discretion to defer the operation of any provision(s) under this Agreement to any provision(s) under Provider T&Cs.
Namecheap provides customer support to You at no additional fee for service issues related to the use of the Apps Marketplace and/or the use of Your Account in connection to the Apps Marketplace, including any Namecheap billing and payments systems service issues related to the Apps Marketplace. Namecheap reserves the right, in Our sole and absolute discretion, to decide what is a service issue related to the Apps Marketplace and/or Your Account in connection to the Apps Marketplace. The Provider is solely responsible for providing customer support to You in relation to the use, operation or functionality of the relevant App.
Billing & Payment.
Apps purchased on the Apps Marketplace will be billed according to Namecheap’s standard billing and payment procedures. However, Namecheap reserves the right to establish direct billing by a Provider. You will be notified of direct billing arrangements by exception during the billing process for the purchase and/or renewal of the relevant App and/or by notice via this Agreement.
At the sole and absolute discretion of Namecheap, Apps purchased or renewed through the Apps Marketplace may be refundable if You request cancellation and refund within 24 hours after purchase or renewal, as applicable. No refunds are available for Apps which provide an immediate, one-time service and/or incur fees directly related to the product provided such as, but not limited to, the Namecheap Legal App. If You purchase an App that provides for a trial period, You must cancel within the trial period to be eligible for any available refunds. That is, if You participate in a free trial period and thereafter continue to use or access the App after the trial period has passed, no refund is available.
Disclaimer of Representations & Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, THE APPS MARKETPLACE AND ANY APP(S) SHALL BE AT YOUR OWN RISK AND THAT THE APPS MARKETPLACE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE APPS MARKETPLACE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE APPS MARKETPLACE, AND/OR (III) THE APPS OFFERED ON THE APPS MARKETPLACE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE APPS MARKETPLACE, AND NAMECHEAP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPS MARKETPLACE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY NAMECHEAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), THIRD PARTY SERVICE PROVIDERS AND PROVIDERS OF THE APPS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE APPS MARKETPLACE OR THE APPS OFFERED ON THE APPS MARKETPLACE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE, THE APPS MARKETPLACE OR ANY APP(S).
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Namecheap and all affiliates of Namecheap, and all officers, agents, employees, and representatives of Namecheap, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Apps Marketplace and Your access to and use thereof, including, but not limited to, the purchase and/or use of any App(s) offered by the Providers through the Apps Marketplace.
Further, You agree to defend, indemnify and hold harmless Namecheap and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Namecheap’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Apps Marketplace or Your use of the Apps Marketplace, including without limitation infringement or dilution by You or by another using the Apps Marketplace from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Namecheap, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for You or by You via the Apps Marketplace or Your Account; (vi) any information, material, or services available on Your licensed Namecheap website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Namecheap be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Namecheap may seek a written confirmation from You concerning Your obligation to defend, indemnify and hold harmless Namecheap. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Namecheap shall have the right to participate in the defense of any such claim through counsel of its Own choosing. You agree to notify Namecheap of any such claim promptly in writing and to allow Namecheap to control the proceedings. You agree to cooperate fully with Namecheap during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.