HIRO GRAPHICAL DOMAIN REGISTRATION AGREEMENT
Last Modified: June 3, 2020
- Your Acceptance
- Obligations and Use of the Registration Services
Welcome to the Hiro Graphical Domain Registration Agreement. This is an agreement (“Agreement”) regarding your use of the graphical domain registration services made between Hiro, Inc. (“Hiro"), the owner and operator of www.hirodomains.com, any other related websites, associated software, and any related services or products offered (collectively the “Platform”) and you (“you”, “your”, or “User”), a User of the Platform.
Throughout this Agreement, the words “Hiro,” “us,” “we,” and “our,” refer to our company, Hiro, as is appropriate in the context of the use of the words.
Hiro is an authorized registrar of the International Graphical Domain Authority (“IGDA”). The IGDA may maintain the register where all Registration Services are logged. You agree to be bound by any and all IGDA policies that your use of the Registration Services is subject to.
You represent and warrant the following:
- all information provided to use the Registration Services (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith;
- you meet, and will continue to meet, the eligibility criteria prescribed in any IGDA policies for the duration of the graphical domain registration or your use of the Registration Services;
- you acknowledge and agree that even if the graphical domain is accepted for registration while using the Registration Services, your entitlement to register the graphical domain may be challenged by others who claim to have an entitlement to the graphical domain;
- to the best of your knowledge that, neither the registration of the graphical domain nor your use of the Registration Services, infringes the legal rights of any third party, either directly or indirectly;
- you will comply with all applicable laws when using the Registration Services;
- if you are using the Registration Services to register a graphical domain that collects sensitive information, you shall implement reasonable and appropriate security measures as determined by applicable laws within your jurisdiction and internationally; and
- you will notify Hiro if any material changes occur that may violate the terms of this Agreement or any policies as set forth by the IGDA.
By using the Registration Services, you agree that any graphical domain registered does not create any proprietary right for you or any other person in the graphical domain used. Additionally, you agree that you shall not in any way transfer or purport to transfer a proprietary right in any graphical domain registered or grant or purport to grant as security interest in any graphical domain registered.
Hiro may allow you to pre-register a graphical domain prior to your use of the Registration Services. However, Hiro does not guarantee that the pre-registered graphical domain will be secured for you or that you will have immediate access to such pre-registered graphical domain if secured.
We do not guarantee that the Registration Services will always be available or be accessible at any particular time. Hiro reserves the right to modify, change, or discontinue the Registration Services at any time. Hiro shall not be liable or responsible for any losses and damages a User may experience for any discontinuance of the Registration Services.
The pricing of the Registration Services is listed on the Hiro Platform or within your account. Please be aware that pricing of Registration Services may vary for each graphical domain listed. All Registration Service pricing is an estimate and may change from time to time. No Registration Service pricing is final until any fees associated with the Registration Service have been paid by you.
Registered graphical domains are subject to renewals where applicable, Hiro at its discretion may increase the price of any Registration Service renewals. In the event of a price increase, Hiro shall notify you and you will have the chance to accept or reject any price increase. Where you have rejected a price increase, you may be unable to use the Registration Services for a renewal of a graphical domain. You agree that Hiro has no obligation to offer any Registration Services for the price originally offered to you.
Where you have selected automatic renewals the Registration Services shall renew automatically and your payment method will be charged in accordance with our TOS and be subject to the Subscription terms as stated within the TOS. Your renewal period shall be the same period as the original period for which you had paid for your Registration Services.
Where you have selected manual renewal for the Registration Services you will be required to manually pay for any renewal of your Registration Services. Failure to pay for a renewal in a timely manner prior to the expiration of a graphical domain registration may result in the cancellation of your graphical domain.
You agree that Hiro will not be responsible for cancelled graphical domains that you fail to renew in a timely manner prior to the expiration of your renewal date. Failure to renew may result in cancellation or additional charges. Hiro may at its option renew your graphical domain automatically for you; however, Hiro has no obligation to use the Registration Services on your behalf for any expired renewal. Where you have purchased proxy services or any other similar service, these services will automatically be renewed on the same renewal schedule as your graphical domain renewal and you will incur the applicable additional renewal fee unless you cancel prior to your renewal.
Hiro shall incur no liability to you for your failure to timely use the Registration Services to renew any registered graphical domains.
It is your responsibility to ensure that all payment information is up to date where required for any automatic renewal of the Registration Services. Hiro shall incur no liability to you for your failure to verify and update your payment information.
The Registration Services are subject to the refund and tax provisions as stated within the Hiro TOS.
This Agreement and the Registration Services are subject to the Disclaimer provisions as stated within the Hiro TOS.
IN NO EVENT SHALL HIRO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT, YOUR USE OF THE REGISTRATION SERVICES, YOUR INABILITY TO USE THE GRAPHICAL DOMAIN, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF HIRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, THIS AGREEMENT IS SUBJECT TO THE LIMITATION OF LIABILITES SECTION AS SET FORTH WITHIN THE TOS.
You agree to indemnify, defend and hold harmless Hiro and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with your graphical domain registration, your use of the Registration Services, and or the violation of any applicable terms or conditions governing the registration. Any indemnification taking place under this section is subject to the additional indemnification obligations as set forth within the Hiro TOS.
This Agreement shall be governed by the laws in force in the state of Arizona. The offer and acceptance of this contract is deemed to have occurred in the state of Arizona.
You and Hiro agree to arbitrate all “Disputes,” defined as any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and Hiro, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship, and any use of Hiro Platform or the Registration Services. “Disputes” also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Notwithstanding the foregoing, you or Hiro may choose to pursue a claim in court and not by arbitration if you fail to timely pay amounts due. Hiro may assign your account for collection, and the collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by law or this Agreement.
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST HIRO. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) (“AAA”) according to this provision and the applicable arbitration rules. To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the “Claimant”) to the AAA, and a written Demand for Arbitration must be provided to the other party (the “Opposing Party”), pursuant to the AAA Rules. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), fully applies. Arbitration hearings will be held in Scottsdale, Arizona or any other location that is mutually agreed upon by you and Hiro. You or Hiro may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, which election shall be binding on you and Hiro subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone or video conference by you or by Hiro, unless the arbitrator requires otherwise.
A single arbitrator will be mutually selected by Hiro and you, and shall be (i) a practicing attorney licensed to practice law in Arizona or a retired judge; and (ii) selected from the arbitrators on the AAA’s roster of commercial dispute arbitrators who have a background in payroll, health insurance, human resources, and/or online commerce law (or if there are no such arbitrators, then from the arbitrators on the AAA’s roster of commercial dispute arbitrators) (collectively, the “Arbitrator Requirements”). If you and Hiro cannot mutually agree upon an arbitrator within ten (10) days of the Opposing Party’s receipt of the Demand for Arbitration from the Claimant, then the AAA shall appoint a single arbitrator that satisfies the Arbitrator Requirements. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys’ fees and expert witness fees. The award rendered by the arbitrator shall be final and binding upon you and Hiro. A judgment on the award may be entered and enforced in any court of competent jurisdiction. Hiro may, in its sole discretion, commence an action in any state or federal court of competent jurisdiction within the County of Maricopa, AZ, for any monetary amounts that you owe to Hiro (each, an “Action”). You hereby waive any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any Action brought by Hiro in such courts.
You and Hiro agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the FAA shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement. YOU FURTHER ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU AND HIRO ARE EACH WAIVING THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT. The arbitration provisions shall not apply to (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (including but not limited to imminent danger or commission of a crime, hacking, or cyber-attack).
You may opt-out of this dispute resolution provision by notifying Hiro within 30 days of the date on which you entered into this Agreement. You must do so by writing to Hiro, Inc. 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Hiro through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Scottsdale, AZ.
You and Hiro agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Hiro are deemed to conflict with each other’s operation, Hiro shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, Payment, Indemnification, and Arbitration sections.
The term of this Agreement shall last until all Registration Service renewals have expired. We may terminate this Agreement, if we determine that: (1) you have violated any applicable laws while using the Registration Services; (2) if you have violated any portion of this Agreement, any additional agreements, or any IGDA policies; or (3) if we believe that any of your current or future actions may legally harm Hiro, our business interests or a third party, at our discretion.