In consideration of the covenants contained herein and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged), you and IREIT agree as follows:

1. Sale

Buyer agrees to pay to IREIT the agreed upon amount due for the domain name registration(s) you have selected (the "Domain Name(s)") in accordance with the payment procedure described above.

2. Transfer

IREIT agrees to transfer to Buyer any and all rights IREIT possesses in the Domain Name(s) via a registrar selected by IREIT in its sole discretion and via the procedures of such registrar, within 72 hours of IREIT's receipt of your payment and WHOIS information. Buyer understands and agrees that it is Buyer's responsibility to log into the web site of the appropriate registrar and effect the transfer of the Domain Name(s) once such transfer has been initiated by IREIT.  Buyer also understands that, in order to direct the Domain Name(s) to the Buyer's web site, it is Buyer's responsibility to reset the values for the Domain Name Servers.  Buyer understands and agrees that should Buyer wish to renew the Domain Name(s) prior to its expiration date, Buyer, and not IREIT, is responsible for such renewal at Buyer's sole expense.

3. Acknowledgement

You hereby agree to accept all responsibility and risk in respect of all uses of the Domain Name(s) subsequent to your purchase from IREIT. 

4. Disclaimer of Warranties by IREIT

THE DOMAIN NAME(S) INCLUDED IN THIS AGREEMENT, THE IREIT WEB SITE, AND ALL CONTENTS COMPRISING OR RECEIVED THROUGH USE OF THE WEB SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IREIT MAKES NO AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE DOMAIN NAME(S), THE WEB SITE, AND THE CONTENTS COMPRISING OR RECEIVED THROUGH USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

5. Limitation of Liability

IN NO EVENT SHALL IREIT, ITS AFFILIATES, OR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS OF IREIT AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THE DOMAIN NAME(S), THE WEB SITE, OR THE CONTENTS COMPRISING OR RECEIVED THROUGH USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, OR OTHER INTANGIBLES, EVEN IF IREIT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT THE FOREGOING LIMITATION SHALL BE HELD TO BE UNENFORCEABLE, IN NO CASE SHALL THE AMOUNT OF DAMAGES PAYABLE TO BUYER BY IREIT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER TO IREIT UNDER THIS AGREEMENT.

6. Indemnification

Buyer represents and warrants that it will not use the Domain Name(s) in any manner that violates any trademark or other proprietary rights of any third party or for any other illegal purpose.  Buyer shall indemnify and hold harmless IREIT, its affiliates, and the officers, directors, employees, representatives, contractors and agents of IREIT and its affiliates (collectively, the "Indemnified Parties") from and against any and all damages, liabilities, claims, costs and expenses of any nature whatsoever (including, but not limited to, reasonable attorneys' fees and court costs) incurred by any of the Indemnified Parties arising out of or in connection with Buyer's (i) breach of any representation, warranty, covenant or obligation set forth in this Agreement, or (ii) use of the Domain Name(s), including, but not limited to, the violation of any trademark or other proprietary rights of any third party.

7. Attorneys Fees

In the event that IREIT is required to engage the services of legal counsel to enforce the terms and conditions of this Agreement against Buyer, regardless of whether such action results in litigation, IREIT shall be entitled to the reimbursement by Buyer of all reasonable attorneys' fees and court costs incurred by IREIT. 

8. Governing Law

This Agreement shall be governed by, enforced under, and construed and interpreted in accordance with the laws of the State of Texas without reference to conflict of laws principles.  IREIT and Buyer hereby consent to the exclusive jurisdiction of the Federal or state courts in Harris County, Texas in any action or claim arising out of, under or in connection with this Agreement.

9. Miscellaneous

This Agreement constitutes the entire agreement between IREIT and Buyer regarding the Domain Name(s); supersedes any and all prior agreements, letters of intent, understandings, negotiations and discussions of IREIT and Buyer, whether oral or written, relating to the Domain Name(s); and shall be binding upon IREIT's and Buyer's respective affiliates, successors and assigns.  No modification or amendment of this Agreement, or any waiver of any right, power or privilege under this Agreement, will be binding upon either IREIT or Buyer, unless set forth in writing and acknowledged by each of IREIT and Buyer.  No failure on the part of either IREIT or Buyer to exercise, and no delay in exercising, any right, power or privilege hereunder operates as a waiver thereof; nor does any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right, power or privilege.  The headings included in this Agreement are for convenience or reference only, and shall not be considered in the construction hereof.  The singular number shall include the plural and vice versa.  All uses of the word "including" herein shall, unless otherwise indicated, be interpreted to mean "including, but not limited to."  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, then the remaining provisions will continue in effect to the greatest extent permitted by law. Buyer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of IREIT.  IREIT may, in its sole discretion, assign or transfer any of its rights or obligations under this Agreement.