Please read this section carefully. This Section 9 limits Isdomain's liability to you. It is a critical part of the Terms of Service. These limitations may not apply to the extent prohibited by applicable law.
9.1 Disclaimer of Warranties
Isdomain provides all services, including brand naming, identity design, and legal basics consulting, on an "as is" and "as available" basis. While we exercise professional care and industry best practices, we make no representations or warranties of any kind, express or implied, regarding:
- Availability: That any proposed brand name, domain name, or social media handle will remain available for registration.
- Trademark Approval: That any trademark application, filing, or guidance provided by us will result in registration or approval by any governmental or intellectual property office (e.g., USPTO, EUIPO).
- Commercial Success: That our branding recommendations will yield specific market results, consumer recognition, or revenue growth.
- Legal Advice: That our "Legal Basics Consulting" constitutes binding legal advice, legal representation, or replaces the counsel of a licensed attorney in your jurisdiction.
- Accuracy: That all information provided regarding legal frameworks is error-free or applicable to your specific unique circumstances.
9.2 Limitation of Damages
To the maximum extent permitted by applicable law, Isdomain, its affiliates, officers, directors, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
- Loss of profits, revenue, data, or business opportunities;
- Loss of brand reputation, goodwill, or intellectual property rights;
- Costs of obtaining substitute goods, services, or legal counsel;
- Any damages arising from third-party actions, inactions, or decisions;
- Any claims made by third parties against you regarding your brand name, trademarks, or legal compliance.
This limitation applies to all claims arising out of or related to these Terms, our services, or your use of Isdomain, whether based on contract, tort, negligence, or any other legal theory.
9.3 Cap on Liability
In no event shall Isdomain's aggregate liability to you for any claim arising out of or related to these Terms or our services exceed the total amount of fees actually paid by you to Isdomain for the specific service giving rise to the claim in the six (6) months preceding the date of the claim.
If you have not paid any fees for the service in question within that period, Isdomain's total liability is limited to zero.
9.4 Independent Legal Advice
Isdomain strongly recommends that you consult with independent, qualified legal counsel before making any binding decisions regarding your business entity, trademarks, contracts, or regulatory compliance. You acknowledge that you have had the opportunity to seek independent advice and assume all risks associated with relying on our consulting services without independent verification.
9.5 Third-Party Services
We may refer you to third-party providers for domain registration, trademark filing services, or other specialized legal assistance. Isdomain does not control these third parties, nor do we endorse their services. We shall not be liable for any errors, omissions, delays, or misconduct by such third parties. Your engagement with third-party providers is solely between you and the provider.
9.6 Survival
The limitations, exclusions, and disclaimers set forth in this Section 9 shall survive the termination or expiration of these Terms or our engagement.