Broker.xxx Terms of Service

Last Updated: February 10, 2026

These terms of service are between Broker.xxx (“Broker.xxx,” “we,” or “us”), and you, the individual or entity signing up to use www.broker.xxx (the “Platform”). This agreement outlines the terms for your use of our Platform and services, including any brokerage or escrow services for buying and selling assets such as domains, websites, and online businesses

This agreement takes effect when you check the box during sign up or by accessing or using the Platform. By checking the box during registration or by accessing or using the Platform you (1) acknowledge that you have read and understand this agreement, (2) state that you are at least 18 years of age or older and have reached the age of majority where you live, (3) state that you have the right, power, and authority to enter into this agreement and, if entering into this agreement for an organization, that you have the legal authority to bind that organization, and (4) accept this agreement and agree that you are legally bound by its terms.

If you do not agree to these terms, please do not check the box during registration. If you do not accept these terms, you must not access or use the Platform.

1 Definitions

(a) In this agreement, the following definitions apply:

“Assets” means domains, websites, online businesses, or any other digital properties listed for sale through the Platform.

“Buyer” means a User who expresses interest in purchasing one or more Assets listed on the Platform.

“Listing” means a public listing of the Assets for sale on the Platform.

“Seller” means a User who has listed one or more Assets for sale through the Platform.

“User” means any individual or entity who registers for an account on the Platform, whether as a Buyer, Seller, or both (also referred to as “you” or “your”).

2 Amendments to this Agreement

(a) Broker.xxx reserves the right to amend this agreement, including commission rates, at its discretion. However, no such amendments will take effect without prior notice and an opportunity for Users to review and accept the changes.

(b) In the event of any material changes, including changes to commission rates, Broker.xxx will provide Users with at least 30 days’ notice via email or a prominent notice on the Platform before the changes take effect. During this notice period, Users will have the opportunity to review the updated terms and choose whether to accept them. If you do not agree to the changes, you must stop using the Platform before the changes take effect. Continued use of the Platform after the effective date of the amendments will constitute acceptance of the revised terms.

(c) Changes to commission rates will apply only to new Listings or transactions initiated after the effective date. Commission rate changes will not apply retroactively to Listings or transactions initiated before the effective date of the amendment.

(d) For amendments relating to confidentiality obligations, Broker.xxx will provide notice and an opportunity to review and accept the changes. Acceptance may be provided electronically or through continued use of the Platform after the effective date of the changes.

(e) Changes to the dispute resolution provisions set out in section 23 will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

3 Accessing the Platform and Account Security

(a) We may withdraw or amend this Platform and any service or material we provide on the Platform without notice. We will not be liable if for any reason any part of the Platform is unavailable. On one or more occasions, we may restrict user access, including registered user access, to some parts of the Platform or the entire Platform.

(b) To access the Platform or some of the resources it offers, you might be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is accurate. All information you provide to register with this Platform or otherwise is governed by our Privacy Policy, and you consent to all actions we take regarding your information consistent with our Privacy Policy.

(c) If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you must not provide any other person with access to this Platform or portions of it using your username, password, or other security information. You must notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also must ensure that you sign out from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

(d) We may disable any username, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of this agreement.

(e) Broker.xxx reserves the right to request government-issued identification or other documents to verify your identity before or during transactions on the Platform.

4 Use of Platform

(a) The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by us, our licensors, or other providers of that material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform.

(b) The terms BROKER.XXX and THE DEALMAKER, the Broker.xxx logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use those marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

(c) You must use the Platform only for lawful purposes and in accordance with this agreement.

(d) You must not use the Platform:

1. In any way that violates any federal, state/provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To send, knowingly receive, upload, download, use, or reuse any material that does not comply with law.
4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
5. To impersonate or try to impersonate us, any of our employees, another User, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the preceding).
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that, as determined by us, might harm us or Users, or expose them to liability.

(e) Additionally, you must not: 

1. Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other person’s use of the Platform, including their ability to engage in real-time activities through the Platform.
2. Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Platform or any services provided through, or concerning, the Platform for any purpose, including the development, training, fine-tuning, or validation of AI systems or models. This includes using (or permitting, authorizing, or attempting the use of) (1) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the Platform or any data, content, information, or services accessed through the Platform, or (2) any automated analytical technique aimed at analyzing text and data in digital form to generate information or develop, train, fine-tune, or validate AI systems or models that includes but is not limited to patterns, trends, and correlations.
3. Use the Platform or any data published by, contained in, or accessible through, the Platform or any services provided through, or concerning, the Platform for the purposes of developing, training, fine-tuning, or validating any AI system or model or for any other purposes.
4. Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not authorized in this agreement, without our prior written consent.
5. Use any device, software, or routine that interferes with the Platform’s proper working.
6. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
7. Try to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
8. Attack the Platform by a denial-of-service attack or a distributed denial-of-service attack.
9. Otherwise try to interfere with the Platform’s proper working.

5 Process to Submit Assets for Listing with Broker.xxx

(a) Sellers may submit one or more Assets for sale through the Platform. Broker.xxx may approve or reject the Listing of an Asset. Broker.xxx may reject any Listing for any reason.

(b) Sellers must provide accurate information about the Assets they are Listing. Broker.xxx may request additional information, and Sellers shall provide complete responses.

(c) Sellers may upload or transmit user-generated content (“User-Generated Content”) related to their Listing. By submitting User-Generated Content, Sellers hereby grant Broker.xxx a nonexclusive, worldwide, royalty-free license to use the User-Generated Content for purposes of providing the services.

(d) Sellers shall cooperate and provide reasonable assistance during the evaluation of their Asset(s), including responding to inquiries and providing availability for sales calls. Sellers shall direct all communications regarding its Listing to Broker.xxx.

(e) By Listing Assets for sale on the Platform, you state that the following facts are accurate:

1. you have clear and unencumbered title to the Assets;
2. the Assets are not subject to liens or encumbrances;
3. the Assets are not involved in any bankruptcy or insolvency proceedings;
4. the information you have provided to Broker.xxx is complete; and
5. there are no pending claims or lawsuits regarding the Assets.

6 Domain Marketplace

(a) Sellers may list domains for sale on the domain marketplace. Sellers may choose their listing price or may choose to accept offers. Broker.xxx reviews all domains before appearing on the marketplace.

(b) Sellers may add, remove, or modify their domain listings at any time. There is no minimum timeframe or listing term for domain Listings.

7 Listing Price; Non-Binding

(a) Any listing price or other price information shown in a Listing is non-binding and constitutes only an invitation to negotiate and does not constitute an offer to sell. The Seller may accept, reject, or counter any offer, and has no obligation to accept any offer. 

(b) Broker.xxx shall communicate all offers received for the Assets to the Seller. No transaction is binding until the Buyer and Seller have entered into a fully executed written purchase agreement (or other definitive written agreement) for the applicable Assets.

8 Sufficiency of Funds

(a) By requesting Broker.xxx to unlock Confidential Information about any Listing, the Buyer is stating that they have sufficient funds to purchase the Assets at the listing price set out in the Listing.

(b) Broker.xxx may request the Buyer to provide proof of sufficient funds to purchase the Assets at the listing price before granting access to any Confidential Information about that Listing or the related Assets.

(c) Broker.xxx shall not disclose any information provided by the Buyer as proof of sufficiency of funds and shall promptly destroy any copies of that information once it is no longer needed.

9 Confidentiality

(a) For as long as it remains Confidential Information, the Recipient shall not (1) disclose that Confidential Information except as contemplated in this agreement or (2) use that Confidential Information other than for, if the Recipient is Broker.xxx, providing information to prospective Buyers to evaluate the Listing, or, if the Recipient is a Buyer, evaluating the Listing (collectively, the “Purpose”).

(b) In this section 9, the following definitions apply:

“Confidential Information” means (1) information (other than Excluded Information) relating to a Seller and its Assets that the Discloser discloses to the Recipient during the Disclosure Period and (2) Derived Information.

“Derived Information” means information (including notes, analyses, compilations, and summaries) that is in writing or embodied in an electronic medium and that the Recipient or any of the Recipient’s representatives derive, in whole or in part, from any information described in clause (1) of the definition of Confidential Information.

“Discloser” means Broker.xxx or the Seller, as applicable.

“Disclosure Period” means, subject to section 9(c), two years from the date of the first disclosure of that Confidential Information.

“Excluded Information” means information that comes within any of the following categories:

(1) other than personally identifiable information, information that is or becomes public other than as a result of breach of any obligation under this section 9;

(2) information that, when it is disclosed, is already in the possession of the Recipient or any of the Recipient’s representatives as the result of disclosure by a person that was not then under an obligation to the Discloser to keep that information confidential;

(3) information that, after it is disclosed under this agreement, is disclosed to the Recipient or any of the Recipient’s representatives by a person that was not then under an obligation to the Discloser to keep that information confidential; and

(4) information that the Recipient develops independently before the Discloser discloses equivalent information to the Recipient.

“Recipient” means Broker.xxx or the Buyer, as applicable.

(c) Either party may by notice to the other party terminate the Disclosure Period early, with any such notice being effective on delivery unless the notice specifies a later date. If during the Disclosure Period either party decides that the party does not want to enter into a transaction, that party shall promptly act in accordance with this section 9(c) to terminate the Disclosure Period early.

(d) Any individual to whom the Discloser discloses Confidential Information in accordance with this agreement may disclose that Confidential Information only to any representatives of the Recipient who need that Confidential Information for the Purpose, on condition that before Confidential Information is disclosed to any individual in accordance with this section 9(d) the Recipient notifies that individual in writing of the confidential nature of the Confidential Information and that individual (if not otherwise under a duty to keep that Confidential Information confidential, including as a result of being a director, officer, employee, or lawyer of the recipient) is then party to a written confidentiality agreement with the Recipient in which that individual promises not to disclose any Confidential Information or use any Confidential Information other than for the Purpose.

(e) The Recipient shall take precautions to prevent disclosure or use of Confidential Information other than as authorized in this section 9. Those precautions must be at least as effective as those taken by the Recipient to protect the Recipient’s own Confidential Information or those that would be taken by a reasonable person in the Recipient’s position, whichever are greater.

(f) If any one or more representatives of the Recipient disclose or use Confidential Information other than as authorized in this agreement, the Recipient will be liable to the Seller for that disclosure or use to the same extent that the Recipient would have been had the Recipient disclosed or used that Confidential Information.

(g) If the Disclosure Period ends without a transaction having been consummated, the Recipient shall promptly (but in any event no later than ten days after the end of the Disclosure Period) (1) return to the Discloser all copies of Confidential Information that, on disclosure, the Discloser had instructed the Recipient to return at the end of the Disclosure Period and (2) destroy all remaining copies of Confidential Information disclosed to the Recipient under this section 9.

(h) If any proceeding is brought to compel the Recipient or any of the Recipient’s representatives to disclose Confidential Information or if the Recipient or any of the Recipient’s representatives is otherwise required by law to disclose any Confidential Information, the Recipient shall do the following: (1) unless by doing so the Recipient would violate any law or an order of a government body, notify the Discloser of that proceeding or that requirement, as the case may be, promptly after learning of it; and (2) cooperate with the Discloser in any proceeding the Discloser brings to prevent that disclosure or to protect the confidentiality of any information that is disclosed.

(i) Until the Buyer and the Seller enter into a binding agreement for the transaction, neither party will be required to proceed with the transaction.

(j) The Discloser’s disclosure of Confidential Information will not constitute a grant to the Buyer or any of the Buyer’s representatives of a license to, or any other interest in, any intellectual property of the Seller.

(k) No party is making any statement as to accuracy of any Confidential Information. The Buyer acknowledges that because in exploring the Listing and examining Confidential Information the Buyer has not relied on, and will not be relying on, any statements made by Broker.xxx or the Seller to the Buyer as to accuracy of any Confidential Information, the Buyer will have no basis for bringing any claim for fraud in connection with any such statements.

10 No Circumventing

(a) You shall not, directly or indirectly, except in collaboration with or with the prior written consent of Broker.xxx:

1. enter into any transaction with any other User introduced to that User by Broker.xxx (the “Introduced User”) similar to, in competition with, or that otherwise could have the effect of preventing Broker.xxx from receiving the full benefit of, the transactions contemplated by this agreement;
2. solicit the Introduced User to enter into any such transaction; or
3. induce, solicit, procure, or otherwise encourage its representatives or any other nonparty, or respond to any solicitation from any of its representatives or any other nonparty, to enter into any such transaction.

(b) If you do not comply with the restriction set out under this section 10, you shall pay Broker.xxx an amount equal to the full amount of any Commission that Broker.xxx would have received from the transaction had you not breached this section 10 (that amount, the “Liquidated Damages Amount”). You acknowledge that the actual damages likely to result from your breach of your obligations under this section 10 are difficult to estimate on the date of this agreement and would be difficult for Broker.xxx to prove. The parties intend that your payment of the Liquidated Damages Amount would compensate Broker.xxx for any such breach. They do not intend for it to be a penalty for any such breach.

11 Buyer Due Diligence

The Buyer acknowledges it is solely responsible for investigating all aspects of any Listing, including independently reviewing financial information, market circumstances, operational issues, supplier contacts, and other factors pertaining to the overall functioning of the Assets. Broker.xxx recommends that the Buyer not only rely on information provided by Broker.xxx, but to supplement that information with its own investigation, including asking the Seller specific questions regarding the Listing and the information disclosed in the sales process. Broker.xxx is not making any statement or guarantee regarding the future performance of any Asset.

12 Other Agreements

(a) Sellers acknowledge that they continue to be bound by any brokerage agreement they enter into with Broker.xxx in addition to this agreement. The brokerage agreement outlines additional terms specific to that Seller’s relationship with Broker.xxx.

(b) For the purchase of Assets (excluding domains), Buyers and Sellers may use Broker.xxx’s standard asset purchase agreement, which will be provided on request. Buyers and Sellers are encouraged to consult their legal counsel to review any purchase agreements. Alternatively, Buyers and Sellers may choose to use their own purchase agreement. However, this agreement remains in effect and governs the use of the Platform.

(c) For domain transactions, a separate domain sales agreement may apply. Specific terms related to domain sales, including purchase, migration, and inspection processes, are detailed in that agreement.

13 Escrow

(a) For transactions involving Assets valued above US$100,000, Broker.xxx uses escrow services provided by Silverstein Legal. The fee for these services is US$250 plus 1% of the final purchase price.

(b) Transactions below US$100,000 are typically handled internally by Broker.xxx, unless the Buyer and Seller agree to use an external escrow service.

(c) Buyers and Sellers may choose to use their own escrow services. Details of the escrow procedure will be provided during the transaction process and are governed by separate escrow agreements.

(d) This section 13 applies unless it conflicts with a separate written escrow agreement or other Transaction Agreement, in which case the separate written agreement will prevail solely to the extend of the conflict.

14 Commission

(a) In exchange for Broker.xxx’s services, the Seller shall pay Broker.xxx a commission (the “Commission”) of:

1. 10% of the final purchase price up to US$1,000,000;
2. 5% of the final purchase price above US$1,000,000; and 
3. 20% of the amount by which the final purchase price exceeds the price threshold agreed in writing by the Seller and Broker.xxx for purposes of calculating the Commission.

(b) The Commission is payable on (1) the successful completion of the sale of the Assets or (2) on the occurrence of any of the triggering events set out in the brokerage agreement between the Seller and Broker.xxx.

15 No Disparaging

No User shall take any action that is intended, or would reasonably be expected, to harm Broker.xxx or its reputation or that would reasonably be expected to lead to unwanted or unfavorable publicity to Broker.xxx. This section 15 does not prohibit any User from making any truthful statement in connection with any legal proceeding or investigation by Broker.xxx or any government body.

16 Assumption of Risk

You acknowledge that buying and selling Assets involves risk. Broker.xxx is not responsible for any loss or damage resulting from transactions conducted through the Platform.

17 Reliance on Information Posted

(a) The information presented on or through the Platform is made available solely for general information purposes. We are not making any statement about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

(b) This Platform includes content provided by nonparties, including materials provided by other Users. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Broker.xxx, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect Broker.xxx’s opinion. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.

18 Changes to the Platform

We may update the content on this Platform on one or more occasions, but its content is not necessarily complete or up-to-date. Any material on the Platform might be outdated at any given time, and we are not required to update that material.

19 Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us regarding your information in compliance with the Privacy Policy. 

20 Disclaimer of Warranties

(a) You acknowledge that we cannot and do not state that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data. To the extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on any website linked to it.

(b) Unless otherwise provided, all sales are final and there are no refunds. Earnings and traffic may decline due to search rankings, technology providers, service providers, or other updates or rule changes, increased competition, account suspension or termination, the Buyer’s mismanagement, and other factors. The Buyer and the Seller acknowledge that Broker.xxx is not making any guarantees or warranties, written or implied, of the future performance of the Assets. The Buyer specifically acknowledges that it assumes all risk in any purchase.

(c) Your use of the Platform, its content, and any services or items obtained through the Platform is at your own risk. The Platform, its content, and any services or items obtained through the Platform are provided “as is” and “as available,” without any warranties, either express or implied. Neither Broker.xxx nor any person associated with Broker.xxx is making any warranty regarding the completeness, security, reliability, quality, accuracy, or availability of the Platform. Without limiting the preceding, neither the Broker.xxx nor anyone associated with Broker.xxx states that the Platform, its content, or any services or items obtained through the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components, or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.

(d) Broker.xxx is not making any warranty, whether express or implied, statutory, or otherwise, including but not limited to any warranty of merchantability, noninfringement, and fitness for a particular purpose.

(e) This section 20 does not affect any warranties that cannot be excluded or limited under law.

21 Limitation of Liability

(a) To the extent provided by law, in no event will Broker.xxx be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any (1) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages, (2) increased costs, diminution in value or lost business, production, revenues, or profits, (3) loss of goodwill or reputation, (4) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security, or (5) cost of replacement goods or services, in each case regardless of whether Broker.xxx was advised of the possibility of those losses or damages or those losses or damages were otherwise foreseeable. In no event will Broker.xxx aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise exceed $2,500.

(b) The limitation of liability set out in section 21(a) does not apply to liability resulting from Broker.xxx’s gross negligence or willful misconduct.

(c) This section 21 does not affect any liability that cannot be excluded or limited under law.

22 Indemnification

You shall indemnify Broker.xxx, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your (1) use of the Platform, (2) use of the services, (3) breach of this agreement, or (4) violation of any law or rights of any nonparty.

23 Resolving Disputes

(a) Governing Law. British Columbia law governs all adversarial proceedings arising out of this agreement or the Platform.

(b) Equitable Remedies. You acknowledge that (1) breach by you of your obligations under this agreement has the potential to cause irreparable harm for which damages would be an inadequate remedy and (2) if any such breach occurs or is threatened and might cause irreparable harm, you would want a court to grant Broker.xxx an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.

(c) Arbitration and Class Action Waiver. As the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the Platform (other than any proceeding brought by Broker.xxx seeking an injunction, a restraining order, or any other equitable remedy to which that party is entitled under section 23(b)), a party may demand that the dispute be resolved by arbitration administered by NAM (National Arbitration and Mediation) in accordance with its comprehensive dispute resolution rules and procedures. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Any arbitration commenced in accordance with this section 23(c) must be conducted by one arbitrator. An arbitration commenced in accordance with this section 23(c) must be conducted virtually using Zoom or a virtual meeting platform that provides similar functionality. The arbitrator must not award punitive damages in addition to compensatory damages. Each party hereby waives any right to recover any such damages in any arbitration. Arbitration must proceed only on an individual basis. The parties hereby waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator must not compel any class or collective claim or consolidate different arbitration proceedings with or join any other nonparty to an arbitration between the parties. The arbitrator, not any court, will have exclusive authority to resolve any dispute relating to the enforceability or formation of this agreement and the arbitrability of any dispute between the parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which will be determined by a British Columbia court of competent jurisdiction.

(d) Small Claims Exception to Arbitration. Notwithstanding section 23(c), either party may pursue a claim in British Columbia Small Claims Court if the claim qualifies for that court’s jurisdiction and remains within the court’s monetary limit. Any claim filed in small claims court must be brought only on an individual basis, and the party pursuing such a claim waives the right to seek class or collective action status in that proceeding.

(e) Jurisdiction for Equitable Relief. If Broker.xxx brings a proceeding seeking an injunction, a restraining order, or other equitable remedy to which that party is entitled under section 23(b), Broker.xxx may bring that proceeding only in a court of British Columbia. Each party hereby waives any claim that any proceeding brought in accordance with this section 23(e) has been brought in an inconvenient forum or that the venue of that proceeding is improper.

(f) Prevailing Party’s Legal Fees. In an adversarial proceeding between the parties arising out of this agreement or the Platform, the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.

(g) Time Limit to File Claims. Apart from proceedings arising from a claim under section 22, neither party may bring adversarial proceedings to resolve any dispute arising out of this agreement or the Platform more than one year after the date that dispute arose.

24 Severability

If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.

25 Waiver

No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any right or remedy under this agreement will operate as a waiver of that right or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions.

26 Entire Agreement

This agreement constitutes the entire understanding between the parties regarding the Platform, except that this agreement does not supersede or limit any brokerage agreement, escrow agreement, or any other agreement between you and Broker.xxx. You acknowledge that because you have not relied on, and will not be relying on, any statements made by Broker.xxx regarding the Platform, you will have no basis for bringing any claim for fraud in connection with any such statements.

27   Order of Precedence

If there is any conflict between this agreement and any brokerage agreement, escrow agreement, asset purchase agreement, domain sales agreement, or other written agreement between Broker.xxx and a User, or between a Buyer and a Seller, that applies to a specific transaction (each, a “Transaction Agreement”), the applicable Transaction Agreement will prevail solely to the extent of the conflict. In all other respects, this agreement continues to govern use of the Platform.

28 Your Comments and Concerns

This platform is operated by Broker.xxx.

All feedback, comments, requests for technical supports, and other communications relating to the Platform should be directed to: hello@broker3x.com.