Terms of Use
1. Acceptance and Eligibility
By visiting our landing pages, submitting an inquiry or offer, or otherwise using our services, you confirm that you are at least 18 years old, have full legal capacity to enter into a binding agreement, and agree to these Terms. If you are acting on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
2. About ProBroker
ProBroker LLC is a Florida limited liability company that operates as a domain brokerage, representing third-party domain owners in the sale of their domains. ProBroker does not hold title to the domains listed on its landing pages. Where ProBroker is acting as broker, we facilitate transactions between buyer and seller. Any distinction between brokered domains will be noted where applicable.
3. Our Role
ProBroker acts as an intermediary or broker to facilitate transactions between domain sellers and buyers. ProBroker is not itself a party to the underlying sale and does not hold title to any domain listed on its landing pages. ProBroker is not responsible for the performance, accuracy, or legal status of any seller.
4. Domain Listings and Pricing
Each ProBroker landing page provides information about an individual domain offered for sale. All information is provided on an "as is" basis; we do not warrant the accuracy or completeness of any descriptive content beyond the identity of the domain itself.
Buy-It-Now ("BIN") and asking prices: any listed price is a public asking price and may be changed, suspended, or withdrawn at any time prior to acceptance of an offer. Submission of an inquiry or offer at or above the listed price does not, by itself, create a binding contract until ProBroker confirms acceptance in writing.
Make-Offer pricing: where no BIN is shown, the domain is available only for negotiated offers. ProBroker may decline any offer at its sole discretion.
Lease-to-own / installment terms, when offered, are available only on terms separately agreed to in writing. Title to the domain remains with the seller until the final installment is paid and all transfer obligations are fulfilled.
5. Inquiries and Offers
When you submit an inquiry through a landing-page form, you authorize ProBroker to use the information provided to respond to your inquiry, negotiate terms, and communicate with you regarding the domain you inquired about. Submitting an inquiry does not guarantee that ProBroker will accept your offer or proceed with a transaction.
Minimum-offer thresholds may apply. Inquiries below an applicable threshold may be automatically rejected.
Offers, counter-offers, and acceptances become binding only when communicated in writing and confirmed by both parties. An automated acknowledgment of receipt does not constitute acceptance.
6. Transactions and Escrow
All completed transactions are closed through a licensed third-party escrow service, typically Escrow.com. ProBroker does not directly hold buyer or seller funds. Use of Escrow.com is subject to Escrow.com's own terms, privacy policy, and identity-verification requirements, which apply independently of these Terms.
Escrow fees are typically split per Escrow.com's default schedule unless the parties agree otherwise in writing. Domain registrar transfer fees, where applicable, are typically paid by the buyer.
Domain transfer windows: once an offer is accepted and escrow is funded, the seller will initiate domain transfer per Escrow.com's instructions. Buyer agrees to cooperate promptly with all transfer steps (registrar account setup, transfer acceptance, payment release authorization). Failure to cooperate within a reasonable time (typically 30 days) may result in cancellation of the transaction and forfeiture of any non-refundable fees per Escrow.com's policy.
You acknowledge that ICANN imposes a 60-day registrant transfer lock under certain circumstances. ProBroker will disclose any known lock period in connection with a transaction.
7. Buyer Representations and Warranties
By submitting an offer or otherwise transacting with ProBroker, you represent and warrant that:
- You have sufficient funds, or commitments thereof, to consummate the transaction at the offered price;
- You are acquiring the domain for a lawful purpose and not in violation of any third party's intellectual-property rights, trademark rights, or other legal rights;
- You are not subject to any government sanctions list, export-control restriction, or other legal prohibition that would prevent you from completing the transaction;
- The information you provide is accurate and complete.
8. Seller Representations
ProBroker acts solely as a broker and does not hold record title to any domain listed on its landing pages. All seller representations — including that the seller holds record title, is not aware of any pending UDRP, ACPA, or other dispute affecting the domain, and will deliver the domain to the buyer's specified registrar account upon completion of escrow — are made by the underlying domain owner, not by ProBroker.
ProBroker uses commercially reasonable efforts to verify seller representations but does not independently guarantee them. Buyers are encouraged to conduct independent due diligence prior to submitting an offer.
9. Disclaimers; "As Is"
Beyond the limited representations expressly stated in Section 8, domains are offered "AS IS" and "WITH ALL FAULTS." ProBroker makes no representations or warranties of any kind, express or implied, regarding:
- Suitability of the domain for any particular purpose;
- Existing or future search-engine rankings, traffic, backlinks, or SEO value;
- Prior use of the domain, including whether the domain has been previously associated with content, services, or activity that could affect its current reputation or blacklist status;
- Future value, resaleability, or market price;
- Absence of disputes by third parties not currently known to ProBroker.
Buyer is solely responsible for conducting any due diligence (trademark search, archive review, blacklist check) it deems appropriate before submitting an offer.
Nothing on a ProBroker landing page or in any ProBroker communication constitutes legal, tax, or financial advice. You should consult your own advisors.
10. Limitation of Liability
To the maximum extent permitted by applicable law, ProBroker's total cumulative liability arising out of or relating to these Terms or any transaction shall not exceed the greater of (a) the fees actually received by ProBroker in connection with the specific transaction giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).
In no event will ProBroker be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including without limitation lost profits, lost business opportunity, or loss of goodwill, even if advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, these limitations apply to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless ProBroker LLC and its members, managers, employees, agents, and affiliates from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your use or attempted use of any domain in violation of third-party rights, applicable law, or these Terms; or (c) any inaccuracy in the information you provide.
12. Intellectual Property
The ProBroker name, logo, landing-page designs, copy, and other content of our websites are the property of ProBroker LLC and are protected by applicable intellectual-property laws. You may not copy, reproduce, distribute, or create derivative works of our content except as expressly permitted by these Terms or with our prior written consent.
13. Communications From ProBroker
By submitting an inquiry, you consent to receive communications from ProBroker related to your inquiry, the domain, and follow-up regarding related opportunities, by email, telephone, SMS, or other reasonable means, including from automated or AI-assisted systems. You may opt out at any time as described in our Privacy Policy.
If we contact you using AI-assisted voice technology, you will be informed at the start of the call that the voice is AI-assisted, in accordance with applicable law.
14. Anti-Abuse
You agree not to:
- Submit false, misleading, or automated inquiries;
- Use our forms or services to harass, defame, or threaten any person;
- Attempt to interfere with, probe, scan, or test the vulnerability of our systems;
- Use any robot, spider, scraper, or other automated means to access our services for any purpose without our prior written permission;
- Attempt to acquire a domain in bad faith, in violation of trademark rights, or with intent to engage in reverse domain-name hijacking.
ProBroker reserves the right to refuse service, cancel inquiries, and decline transactions at its sole discretion.
15. Modifications
We may revise these Terms from time to time. The "Effective Date" and "Last Updated" date above reflect the most recent revision. Continued use of our services after a revision constitutes acceptance of the revised Terms. We will post material changes at the top of this page for at least 30 days.
16. Termination
ProBroker may suspend or terminate your access to our services at any time, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and dispute-resolution provisions) shall so survive.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The federal and state courts located in the State of Florida shall have exclusive jurisdiction over any non-arbitrable dispute.
18. Dispute Resolution; Binding Arbitration
18.1 Informal Resolution
Before initiating any formal dispute, you agree to first contact us at info@probroker.com and attempt in good faith to resolve the dispute informally. We will likewise attempt informal resolution before initiating any formal proceeding against you.
18.2 Binding Arbitration
If informal resolution is unsuccessful within 60 days, you and ProBroker agree that any controversy or claim arising out of or relating to these Terms, the breach thereof, or any transaction contemplated hereby shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be a county in the State of Florida. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
18.3 Class-Action Waiver
You and ProBroker agree that each may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.
18.4 Carve-Outs
Notwithstanding the foregoing, either party may bring an individual action in small-claims court for claims within that court's jurisdiction, or seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights.
19. Force Majeure
ProBroker shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor disputes, internet outages, telecommunications or hosting-provider failures, registrar or registry outages, or pandemics.
20. Severability and Entire Agreement
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. These Terms, together with our Privacy Policy and any written transaction documents executed by the parties, constitute the entire agreement between you and ProBroker with respect to the subject matter and supersede all prior or contemporaneous communications and proposals.
21. Contact
Florida, United States
General & legal inquiries: info@probroker.com
Privacy inquiries: privacy@probroker.com