Last updated: August 14, 2026
IMPORTANT DISPUTE NOTICE: SECTION 17 REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU AND NAMYNOT WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, SUBJECT TO THE LIMITED EXCEPTIONS IN SECTION 17. YOU MAY REJECT THE ARBITRATION AGREEMENT BY FOLLOWING THE 30-DAY OPT-OUT PROCEDURE IN SECTION 17.9.
IMPORTANT NET 30 NOTICE: SECTION 5 CONTAINS THE TERMS FOR NAMYNOT NET 30 ACCOUNTS. NET 30 IS AVAILABLE ONLY FOR LEGITIMATE BUSINESS AND COMMERCIAL PURPOSES. A TRADITIONAL NET 30 ACCOUNT MAY BE USED ONLY FOR ELIGIBLE NAMYNOT SERVICES THAT NAMYNOT APPROVES IN WRITING. THE NAMYNOT BUSINESS CREDIT BUILDER IS PAID IN ADVANCE, IS NOT AN EXTENSION OF CREDIT, AND IS NOT A SPENDABLE CREDIT LINE. NO ACCOUNT OR SERVICE GUARANTEES ANY CREDIT SCORE, SCORE INCREASE, TRADELINE APPEARANCE, FINANCING, OR OTHER CREDIT OUTCOME.
These Terms of Use (the “Terms”) are a legally binding agreement between you and NAMYNOT Inc., an Illinois corporation (“NAMYNOT,” “we,” “us,” or “our”). These Terms govern your access to and use of namynot.com and any page, account, application, product, subscription, professional service, Net 30 account, communication program, or other service that links to or expressly incorporates these Terms (collectively, the “Services”).
By creating an account, submitting an application, placing an order, purchasing or using a Service, signing a statement of work, or clicking an unchecked box or button that expressly states that you agree to these Terms, you affirmatively accept these Terms. If you do not agree, do not take that action or use the applicable Service. Mere placement of a link to these Terms in a website footer does not, by itself, establish your agreement to arbitrate.
If you accept these Terms for a company or other legal entity, you represent and warrant that you are an authorized officer or other authorized representative with legal authority to bind that entity. In that event, “you” includes both you and that entity. If you lack authority, do not accept these Terms on the entity’s behalf.
1. Electronic Agreement, Signatures, and Contract Documents
You agree to conduct transactions electronically. Your affirmative electronic acceptance of these Terms is your electronic signature and has the same legal effect as a handwritten signature. You may print or save a copy of these Terms. We may retain and use electronic records showing your acceptance, including the version accepted, date and time, account or transaction identifier, name, email address, Internet Protocol address, and related technical records, as permitted by law.
These Terms, our Privacy Policy, each applicable proposal, quote, order form, statement of work, written Net 30 approval, invoice, product-specific disclosure, and any addendum signed or electronically accepted by both parties are collectively the “Agreement.” If documents conflict, the following order controls for the subject of the conflict: (1) a mutually signed addendum; (2) the applicable statement of work or order form; (3) for a traditional Net 30 transaction, the written approval and invoice; (4) product-specific disclosures presented at enrollment or checkout; and (5) these Terms. A document controls only as to the transaction or subject it addresses.
2. Changes to These Terms
We may update these Terms prospectively. We will post the revised Terms and update the “Last updated” date. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice by email, account notice, or another legally sufficient method. Changes do not apply retroactively to a dispute of which NAMYNOT had actual written notice before the change became effective.
A material change to Section 17 will not replace an arbitration agreement you previously accepted unless you affirmatively accept the revised provision. If you do not affirmatively accept it, the version of the arbitration agreement that you most recently accepted will continue to govern to the extent permitted by law. Continued participation in a month-to-month Service after legally sufficient notice may constitute acceptance of other prospective changes. If you do not agree to a change, you must stop using the affected Service and cancel any affected subscription before the change takes effect.
3. Eligibility and Permitted Use
You must be at least 18 years old and legally capable of entering a contract. Net 30 accounts and the Business Credit Builder are offered only to United States businesses for business or commercial purposes, and not for personal, family, or household purposes. You may use the Site and Services only in compliance with the Agreement and applicable law.
4. Professional Services and Statements of Work
NAMYNOT provides professional services that may include website design and development, marketing, search engine optimization, advertising management, content, artificial intelligence automation, custom applications, consulting, and related work (“Professional Services”). The scope, deliverables, assumptions, fees, schedule, revision limits, client responsibilities, intellectual property terms, and acceptance criteria for an engagement may be stated in a proposal, quote, order form, or statement of work (each, an “SOW”).
You will provide timely access, accurate information, approvals, content, credentials, and feedback reasonably needed to perform the Professional Services. Delays or changes caused by you may extend schedules and may result in additional fees if stated in the SOW or approved in writing. Estimates are good-faith estimates, not guarantees. Unless an SOW expressly states otherwise, amounts are due as invoiced, deposits and fees for work already performed or committed are nonrefundable, and a delay in your feedback does not suspend payment obligations.
No marketing, advertising, search ranking, traffic, lead, revenue, conversion, funding, or other business result is guaranteed unless a specific guarantee and remedy are expressly stated in a mutually signed SOW.
5. Net 30 Accounts and Business Credit Reporting
5.1 Commercial Purpose and Authority
A NAMYNOT Net 30 account is available only to a legitimate business for business or commercial purposes. The person applying must be an authorized officer or authorized representative of the applicant business. You certify that all application and account information is accurate, complete, current, and submitted for the applicant business. You must promptly update NAMYNOT if the business name, address, entity status, ownership, authorized officer, email address, telephone number, Employer Identification Number, D-U-N-S number, payment information, or other material account information changes.
Unless you and NAMYNOT separately and expressly agree otherwise in a signed writing, the Net 30 program does not require a personal guaranty and NAMYNOT will not obtain a personal consumer credit report to decide the business application. Nothing in the Agreement authorizes a personal consumer credit inquiry without any separate authorization required by applicable law.
5.2 Application, Written Approval, and No Oral Credit Commitments
Submitting an application does not guarantee approval, a particular account type, a particular credit limit, or approval of any purchase. NAMYNOT may verify application information and may approve, condition, suspend, decline, or request additional information regarding an application. Human personnel remain involved in final decisions to extend Traditional NET 30 credit. Enrollment in Business Credit Builder is not an extension of credit and may be processed through automated eligibility and enrollment systems.
No promise to extend, increase, renew, or continue credit is binding unless it is contained in a written or electronic approval issued by NAMYNOT that identifies the approved business, account lane, and applicable credit limit or transaction. The applicant’s affirmative acceptance of these Terms is the applicant’s electronic signature. NAMYNOT’s written approval, when issued with the intent to authenticate the approval and bearing NAMYNOT’s name or an authorized electronic signature, is NAMYNOT’s electronic signature. Oral statements, general advertising, website content, chatbot responses, support messages, past practices, and preliminary discussions do not create or modify a credit commitment.
The written approval, these Terms, and each approved invoice state the relevant terms of the credit arrangement. A credit limit is the maximum potential exposure NAMYNOT may consider, not a promise to approve any order or to make the entire limit available. Each order remains subject to service eligibility, available limit, account standing, fraud review, capacity, and NAMYNOT’s written approval.
5.3 Two Account Lanes
NAMYNOT may approve an applicant into one of the following lanes:
- Traditional Net 30. Traditional Net 30 is commercial trade credit. NAMYNOT may approve eligible Professional Services up to the available credit limit, issue an invoice, and require full payment no later than thirty (30) calendar days after the invoice date, unless the invoice states a different due date. Traditional Net 30 is not a credit card, is not revolving credit, has no cash value, may not be used with another merchant, and is available only for NAMYNOT services that NAMYNOT approves in writing. A displayed credit limit is not a cash balance and is not automatically available at website checkout. Traditional Net 30 purchases are arranged through NAMYNOT and documented by an invoice.
- NAMYNOT Business Credit Builder. The NAMYNOT Business Credit Builder (formerly the Business Bureau Reporter) is a month-to-month business subscription. The subscription charge is paid in advance. It is not an extension of credit, is not a loan, is not a spendable credit line, and cannot be used to purchase other NAMYNOT services on deferred payment terms. NAMYNOT may report an eligible subscription payment as a business payment experience in the manner accepted by participating commercial credit reporting agencies. Other Professional Services remain subject to NAMYNOT’s standard payment terms unless and until NAMYNOT separately approves the business for Traditional Net 30 in writing.
Your approval notice and account record control which lane applies. You may not represent to any person that a Business Credit Builder account is borrowed money, a general-purpose line of credit, or a commitment by NAMYNOT to provide future credit.
5.4 Traditional Net 30 Invoices and Default
For Traditional Net 30, each invoice is due in full on the stated due date. You must review each invoice promptly and notify [email protected] of a good-faith invoice dispute before the due date. An invoice dispute does not excuse timely payment of undisputed amounts. Payment is complete only when collected funds are received. You may not withhold, deduct, set off, or recoup amounts except as required by law or agreed by NAMYNOT in writing.
If an amount is not paid when due, or if you provide materially false information, misuse the account, become insolvent, file or become subject to a bankruptcy or receivership proceeding, initiate an unauthorized payment reversal, or otherwise materially breach the Agreement, NAMYNOT may, subject to applicable law: suspend work or account access; decline new transactions; reduce or terminate unused credit; cancel pending orders; declare all undisputed outstanding invoices immediately due; report accurate account status and payment experience; and recover reasonable collection costs, court costs, and attorneys’ fees to the extent permitted by law and awarded or otherwise recoverable. Interest or late fees apply only if disclosed in the applicable invoice or SOW and only to the extent permitted by law.
5.5 Business Credit Builder Subscription
RECURRING SUBSCRIPTION NOTICE: THE BUSINESS CREDIT BUILDER CURRENTLY COSTS $60.00 PER MONTH, PLUS APPLICABLE TAXES. UNLESS YOU CANCEL BEFORE THE NEXT RENEWAL CHARGE IS PROCESSED, YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY EACH MONTH AT THE THEN-CURRENT PRICE. THE SERVICE CONTINUES MONTH TO MONTH UNTIL CANCELED. YOU MAY CANCEL ONLINE THROUGH YOUR ACCOUNT. YOU MAY REQUEST A FULL REFUND OF YOUR FIRST SUBSCRIPTION CHARGE WITHIN 7 DAYS OF THAT CHARGE. AFTER THAT 7-DAY PERIOD, CANCELLATION STOPS FUTURE RENEWAL CHARGES BUT DOES NOT REFUND A CHARGE ALREADY PROCESSED OR DELETE ACCURATE PAYMENT HISTORY. EXCEPT FOR THAT 7-DAY REFUND, WHERE REQUIRED BY LAW, OR WHERE EXPRESSLY APPROVED BY NAMYNOT, FEES ARE NONREFUNDABLE.
The price and billing date presented at enrollment or checkout control. We may change the price prospectively after reasonable advance notice. If you do not agree to a price change, cancel before it takes effect. If a recurring charge fails, the subscription may be suspended or canceled, no eligible payment experience exists for an unpaid period, and NAMYNOT has no obligation to report that period as paid. You may purchase only one subscription month at a time unless NAMYNOT expressly offers another option.
Cancelling the subscription stops future recurring charges and future paid-month reporting after the effective cancellation date. Cancellation does not reverse Services already provided, remove accurate historical information, or prevent NAMYNOT from completing or correcting reporting for an eligible payment made before cancellation.
7-day refund. If you request a refund within 7 days of your first Business Credit Builder charge, NAMYNOT refunds that charge in full and cancels the subscription. A refunded month is not an eligible payment experience: it is not furnished to the credit reporting agencies, and any reporting already submitted for it will be corrected or withdrawn. Work on the included website stops on refund, and Section 5.10 governs the website itself. This 7-day refund applies to the first charge only. Any later monthly charge is governed by the paragraphs above.
5.6 Authorization to Furnish Business Credit Information
By applying for, accepting, purchasing, or using a Net 30 account or the Business Credit Builder, you authorize NAMYNOT and its service providers to collect, verify, use, and furnish business identifying information and account information to commercial credit reporting agencies and data exchanges. Furnished information may include the business name and trade name, business address and telephone number, entity and tax identification information, account number, account type, credit limit, high credit or balance, payment amount, payment date, aging or past-due status, account status, date opened, date closed, and reason closed, as permitted by law and the receiving agency’s specifications.
Current intended recipients include Dun & Bradstreet, Experian Business, and Equifax Business. NAMYNOT may add, replace, suspend, or discontinue a reporting relationship. Reporting may include eligible historical payments, including payments made before NAMYNOT began furnishing to a particular agency, and may occur after cancellation or account closure when needed to complete, update, correct, or maintain accurate historical reporting.
This authorization is limited to business credit reporting and does not waive any right that cannot lawfully be waived. It survives account suspension, cancellation, and termination for so long as NAMYNOT may lawfully furnish, maintain, investigate, or correct the account information.
5.7 Reporting Timing, Matching, and No Credit Outcome Guarantee
NAMYNOT generally submits eligible payment experiences monthly, ordinarily on or about the first day of the month for eligible activity from the preceding reporting period. Submission timing may change because of weekends, holidays, processing, validation, technical issues, or bureau requirements. After submission, a credit reporting agency may take thirty (30) days or longer to process, match, reject, merge, suppress, display, update, or score information.
Each credit reporting agency is independent and controls its own matching rules, acceptance criteria, file creation, display, scoring, and retention. NAMYNOT does not control those decisions and does not guarantee that any agency will accept or display a payment experience, create or maintain a business credit file, classify an account in a particular way, calculate or increase a score, or make information available by a particular date.
NAMYNOT does not guarantee a tradeline, PAYDEX score, Intelliscore, FICO score, Equifax score, score increase, funding approval, loan, credit card, vendor approval, purchasing power, or any other credit or financing result. Credit outcomes depend on factors outside NAMYNOT’s control, including the accuracy and consistency of your business information, other tradelines, payment history, bureau policies, and third-party underwriting.
5.8 Accuracy and Reporting Disputes
You are responsible for providing accurate and consistent business information. NAMYNOT will use commercially reasonable procedures to furnish information accurately and will investigate a sufficiently detailed, good-faith dispute as required by applicable law and applicable bureau procedures.
To dispute information furnished by NAMYNOT, email [email protected]. Include: (1) the legal business name; (2) account number, if available; (3) the authorized officer’s name and contact information; (4) the specific information disputed; (5) why it is inaccurate or incomplete; (6) the credit reporting agency involved; and (7) supporting documents or screenshots. Do not email complete Social Security numbers, full payment card numbers, passwords, or other unnecessary sensitive information.
NAMYNOT may request identity or authority verification and additional documents. If information furnished by NAMYNOT is determined to be inaccurate or incomplete, NAMYNOT will submit an appropriate correction or update. This process does not restrict your right to dispute information directly with a credit reporting agency or contact a government agency. Accurate information will not be deleted solely because an account is canceled or because its effect is unfavorable.
5.9 Account Reviews and Credit Limit Changes
NAMYNOT may periodically review payment history, account use, business information, risk, and eligibility. A review does not guarantee an increase, conversion to Traditional Net 30, or continued credit. NAMYNOT may increase, decrease, freeze, or terminate unused credit in its reasonable business discretion, subject to applicable law. A change does not affect your obligation to pay amounts already incurred. Only a written approval issued by NAMYNOT can change an account lane or credit limit.
5.10 Included Website
An active Business Credit Builder subscription includes a website built by NAMYNOT for your business at no additional charge. Your website draft is generated after you complete the website intake. Nothing is published until you have reviewed it.
The website is built from the information and materials you supply. Section 10 governs that material, and Section 10.1 governs statements you ask NAMYNOT to publish about your business.
Your plan includes basic website updates that keep your business information accurate. Larger changes, new features, additional pages, redesigns, and custom development are available as paid upgrades.
If your request falls outside your included website service, we will let you know the cost before any work begins. Nothing is added to your bill without your approval.
Included updates are ordinarily applied within two business days of a complete request. NAMYNOT does not promise a delivery date for a new website, a particular design outcome, search engine ranking, traffic, or any other marketing result.
If you cancel, your website remains available through the end of the subscription period you have already paid for, and NAMYNOT stops serving it after that period ends. Cancellation does not affect your domain. You are responsible for registering and maintaining ownership of your domain, and it remains yours after cancellation. NAMYNOT does not undertake to migrate, export, or transfer a website, or to retain it, after service ends.
5.11 Accuracy of Industry and Eligibility Information
Certain industries are not eligible for business credit reporting through NAMYNOT, and eligibility is determined from the information you provide. You represent that the industry and business-activity information in your application is accurate and complete. If NAMYNOT determines that an applicant or customer has misrepresented its industry or business activities, NAMYNOT may decline the application, suspend or terminate the account and any reporting, and correct or withdraw information previously furnished, without liability to the applicant or customer. Amounts paid for service periods before termination are not refundable in that event, except where required by law.
6. Accounts and Security
You must provide accurate account information and keep it current. You are responsible for safeguarding login credentials and for activity under your account, except to the extent caused by NAMYNOT’s failure to use reasonable security. You may not share credentials, impersonate another person or entity, or access another account without authorization. Notify us promptly through our contact form if you suspect unauthorized access. We may require identity or authority verification before taking account action.
6.1 Accessibility
NAMYNOT seeks to make the Site and digital content accessible to users with disabilities and to improve accessibility over time. If you have difficulty accessing part of the Site, use our contact form to request reasonable assistance or an available alternative format. We welcome accessibility feedback and will make commercially reasonable efforts to address verified barriers.
7. Orders, Prices, Payments, Cancellations, and Refunds
Prices, availability, payment methods, taxes, and transaction-specific terms are displayed at checkout, in an SOW, or on an invoice. You authorize NAMYNOT and its payment processors to charge the payment method you provide for amounts you approve, including disclosed recurring charges. You represent that you are authorized to use the payment method.
We may correct a typographical or pricing error and may reject or cancel an order before performance begins if the order is unlawful, unavailable, fraudulent, abusive, or based on a material error. If we cancel a paid order before providing the purchased product or beginning the purchased work, we will refund the amount paid for the canceled portion. Other cancellations and refunds are governed by the product-specific disclosure, applicable SOW, and Section 5.5 for the Business Credit Builder. Nothing in the Agreement limits any refund or cancellation right that cannot lawfully be waived.
For a physical product, title and risk of loss transfer as stated at checkout or in the applicable order terms. If no specific shipping term is stated, title and risk of loss transfer when NAMYNOT delivers the product to the carrier, except to the extent applicable law requires otherwise.
A chargeback or payment dispute is not a substitute for contacting us about a good-faith service or billing issue. Nothing in these Terms prevents you from exercising a nonwaivable right provided by your payment card issuer or applicable law. Knowingly submitting false information in a payment dispute or attempting to retain both a refund and the corresponding Service may constitute fraud and a material breach.
8. AI-Assisted Services, Calls, and Recordings
Some communications and Services use artificial intelligence. You may interact with an AI-assisted receptionist or system. AI output may be incomplete or incorrect and is provided for operational convenience, not as legal, tax, financial, credit, medical, or other regulated professional advice. No AI response creates a credit approval, changes a credit limit, modifies an SOW, waives a payment obligation, or otherwise binds NAMYNOT unless confirmed in an authorized writing.
Where calls or communications may be recorded or transcribed, NAMYNOT will provide notice and obtain any consent required by applicable law. If you do not consent, do not continue a recorded call and request an available non-recorded or written channel. Our collection and use of information are further described in the Privacy Policy.
9. Acceptable Use
Subject to the Agreement, NAMYNOT grants you a limited, revocable, nonexclusive, nontransferable right to access the Site and use the Services for their intended lawful purpose. You may not:
- violate any law or third-party right;
- use the Site or Services to commit fraud, deception, harassment, infringement, or other unlawful conduct;
- interfere with security, integrity, availability, authentication, rate limits, or normal operation;
- introduce malware or attempt unauthorized access, probing, testing, or circumvention;
- scrape, crawl, data mine, harvest, or use automated means to extract Site content or personal information without our written permission;
- reverse engineer or attempt to discover source code, except where such restriction is prohibited by law;
- resell, sublicense, frame, mirror, or commercially exploit the Site or Services except under a written agreement;
- use NAMYNOT content, data, names, or marks to train or evaluate a machine learning model without written permission; or
- misrepresent your identity, authority, affiliation, business, credit purpose, account type, or transaction.
10. User Content and Client Materials
You retain ownership of text, images, data, marks, instructions, reviews, comments, and other materials you submit (“User Content”). You grant NAMYNOT a nonexclusive, worldwide, royalty-free license to host, copy, use, modify, transmit, and display User Content as reasonably necessary to provide, secure, support, and improve the Services and, for public reviews or materials you expressly approve for promotion, to market NAMYNOT.
You represent and warrant that you have all rights and permissions needed for NAMYNOT to use the User Content as contemplated by the Agreement and that the User Content and its use will not violate law or third-party rights. NAMYNOT may remove or restrict User Content that reasonably appears unlawful, infringing, fraudulent, harmful, or inconsistent with the Agreement.
10.1 Statements You Ask Us to Publish
You may ask NAMYNOT to publish statements about your business on a website or in other materials NAMYNOT produces for you, including any license, registration, certification, insurance, accreditation, membership, award, rating, guarantee, price, availability, ownership status, or length of time in business. Each such statement is your representation and not NAMYNOT’s.
You represent and warrant that each statement you provide is accurate and current, that you hold and maintain in good standing any license, registration, or certification the statement refers to, and that you are entitled to make the statement in every jurisdiction where the materials can be viewed.
NAMYNOT publishes your statements as you provide them. NAMYNOT does not verify them and has no obligation to do so. NAMYNOT is not responsible for a statement you provided that is inaccurate, out of date, or not permitted where you do business.
Keeping your statements current is your responsibility. If a license lapses, a certification expires, an insurance policy ends, or a statement otherwise stops being true, you must notify NAMYNOT, and NAMYNOT will remove or amend it. A published statement is treated as current until you tell NAMYNOT otherwise.
NAMYNOT may remove any statement, or suspend a website or other materials, immediately and without notice, if NAMYNOT believes in good faith that a statement is false, unverifiable, out of date, or creates legal or reputational risk. NAMYNOT is not required to establish that a statement is false before acting.
Content NAMYNOT generates for you does not itself assert any license, certification, insurance, accreditation, award, rating, guarantee, price, availability, ownership status, or length of time in business, because NAMYNOT has no means of verifying those matters. Any such statement appears only because you supplied it.
You will indemnify NAMYNOT for any claim, penalty, complaint, investigation, or loss arising from a statement you provided for publication, including proceedings brought by a regulator, a licensing body, a competitor, or your customer. This obligation is in addition to Section 15.
11. Ownership and Intellectual Property
The Site, software, systems, designs, text, graphics, audio, video, trademarks, service marks, processes, documentation, and other materials supplied by NAMYNOT, excluding User Content and deliverables whose ownership is expressly transferred in an SOW, are owned by NAMYNOT or its licensors and are protected by law. No right is granted except the limited rights expressly stated in the Agreement. Ownership and license rights in Professional Services deliverables are governed by the applicable SOW.
11.1 Aggregated and De-Identified Data
NAMYNOT may create, use, analyze, publish, and disclose aggregated, de-identified, or anonymized information derived from application information, account information, payment activity, service usage, website activity, and other information collected in connection with NAMYNOT services.
We may use this information for analytics, benchmarking, research, product development, business insights, marketing, and public or private reports and indices.
NAMYNOT will not intentionally publish information in a manner designed to identify an individual customer or business as the source of the data.
12. Third-Party Services and Links
The Services may depend on or link to third-party platforms, processors, hosting providers, credit reporting agencies, advertising platforms, and other services. Those third parties operate under their own terms and privacy policies. NAMYNOT is not responsible for a third party’s acts, omissions, availability, policies, security, scoring, underwriting, or content, except to the extent applicable law provides otherwise. A link or integration does not imply endorsement.
13. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NAMYNOT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NAMYNOT DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE, COMPLETE, OR CURRENT.
This Section does not disclaim an express warranty or service commitment stated in a mutually signed SOW, and it does not exclude any warranty or right that cannot lawfully be excluded.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NAMYNOT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, NAMYNOT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT OR SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID NAMYNOT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).
The exclusions and cap do not apply to liability that cannot lawfully be excluded or limited, including liability to the extent finally determined to result from NAMYNOT’s fraud, willful misconduct, gross negligence, or bodily injury or death caused by negligence, or to a remedy that applicable law makes nonwaivable. The exclusions and cap also do not reduce your obligation to pay undisputed amounts for Services received. Each limitation applies independently and survives failure of an exclusive remedy.
15. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless NAMYNOT and its affiliates, officers, directors, employees, and agents from third-party claims, damages, judgments, penalties, costs, and reasonable attorneys’ fees arising from: (1) your User Content; (2) your unlawful or unauthorized use of the Services; (3) your material breach of the Agreement; (4) your fraud, willful misconduct, or negligence; or (5) your infringement or violation of a third party’s rights. You have no indemnification obligation to the extent a claim results from NAMYNOT’s fraud, willful misconduct, gross negligence, or material breach. NAMYNOT may control the defense with counsel of its choice, and you may not settle a claim in a manner that admits fault by or imposes a nonmonetary obligation on NAMYNOT without written consent.
16. Messaging Terms
If you separately opt in to receive text messages from NAMYNOT, we may send recurring messages to the mobile number you provide regarding your application, account, payments, service updates, support, or other matters within the scope of your consent.
Message frequency varies. Message and data rates may apply. Reply STOP to opt out of future messages or HELP for help where those commands are supported, or use our contact form. We may send one confirmation message after an opt-out. Consent to text messaging is not a condition of approval or purchase.
Carriers are not liable for delayed or undelivered messages. Before transferring a mobile number, you agree to opt out or notify us. Additional messaging disclosures presented at opt-in form part of the Agreement. We will honor opt-out requests as required by law.
Your use of SMS communications is also subject to our Privacy Policy. Promotional or marketing text messages are sent only where you have separately consented to receive them.
17. Dispute Resolution, Binding Individual Arbitration, and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED MATTERS DESCRIBED BELOW, YOU AND NAMYNOT AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. ARBITRATION DOES NOT USE A JUDGE OR JURY, COURT REVIEW OF AN AWARD IS LIMITED, AND DISCOVERY MAY BE MORE LIMITED THAN IN COURT. YOU MAY OPT OUT WITHIN 30 DAYS AS PROVIDED IN SECTION 17.9.
17.1 Agreement to Arbitrate
Except for an Excluded Dispute under Section 17.3, you and NAMYNOT agree that every dispute, claim, or controversy between you and NAMYNOT arising out of or relating to the Agreement, the Site, the Services, a Net 30 application or account, business credit reporting, an SOW, an invoice, a subscription, a communication, or the parties’ relationship, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination (each, a “Dispute”), will be resolved by binding individual arbitration.
This arbitration agreement is mutual and binds both you and NAMYNOT. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), governs the interpretation and enforcement of this Section. To the extent state arbitration law applies and is not preempted, the Illinois Uniform Arbitration Act applies.
17.2 Informal Dispute Notice Required Before Filing
Before either party files an arbitration demand or lawsuit, that party must send an individualized written Notice of Dispute and allow forty-five (45) days for a good-faith effort to resolve the Dispute. Your notice must be sent by certified U.S. mail to NAMYNOT Inc., Attn: Legal Dispute Notice, 159 N. Sangamon St. #2726, Chicago, IL 60607, United States. For a Net 30 reporting dispute, also email a copy to [email protected]. NAMYNOT will send its notice to the most recent email and mailing address associated with your account.
The notice must include the sender’s name and signature; the business name and account or transaction identifier, if applicable; contact information; a detailed description of the facts and legal basis of the Dispute; the specific relief requested and a good-faith calculation of any monetary demand; and sufficient information to permit an individualized response. The parties will personally participate in an individualized telephone or video settlement conference if either party reasonably requests one. The informal process is a condition precedent to filing, and any limitations period and filing-fee deadline will be tolled from receipt of a compliant notice through the end of the 45-day period. A party may seek temporary relief when necessary to prevent imminent, irreparable harm while the informal process is pending.
17.3 Excluded Disputes
Either party may: (1) bring an individual action in small claims court if the action remains within that court’s jurisdiction and proceeds only on an individual basis; (2) seek temporary or preliminary injunctive relief in court to prevent actual or threatened infringement, misuse, or misappropriation of intellectual property, confidential information, account credentials, or computer systems, with the merits otherwise subject to arbitration; (3) report a matter to, cooperate with, or seek relief from a federal, state, or local government agency; or (4) pursue a claim or remedy that applicable law expressly prohibits from being arbitrated or waived. A court may adjudicate a request for public injunctive relief only to the extent applicable law makes that remedy nonwaivable and unavailable in arbitration.
17.4 Arbitration Administrator and Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) before one neutral arbitrator. If the Dispute arises from a transaction for personal, family, or household purposes, the AAA Consumer Arbitration Rules and Mediation Procedures will apply. For a business or commercial Dispute, including a Net 30 or Affiliate Program Dispute, the AAA Commercial Arbitration Rules and Mediation Procedures will apply. If the AAA determines its Mass Arbitration Supplementary Rules apply, those rules will also apply. If these Terms conflict with the applicable AAA rules, these Terms control unless the conflicting term would make the arbitration fundamentally unfair or violate a nonwaivable rule.
To begin arbitration after completing Section 17.2, the claimant must submit a demand to the AAA in accordance with the applicable rules and send a copy to the other party. The demand must be individualized and personally signed by the claimant and, if represented, the claimant’s counsel.
If the AAA is unavailable or declines to administer the arbitration other than because a party failed to comply with this arbitration agreement or the applicable rules, the parties will select a comparable neutral administrator. If they cannot agree, a court of competent jurisdiction will appoint an arbitrator or administrator under 9 U.S.C. § 5.
17.5 Who Decides Arbitrability
A court, not an arbitrator, will decide any dispute concerning whether the parties formed this arbitration agreement, whether a party validly opted out, or whether the class action waiver in Section 17.8 is enforceable. Subject to those exceptions, the arbitrator has exclusive authority to decide all threshold issues concerning the interpretation, applicability, scope, validity, and enforceability of this Section, including any contention that all or part of this Section is void or voidable.
17.6 Location and Manner of Hearing
For a consumer Dispute, the hearing will occur remotely, by documents, or in the county where you reside, at your reasonable election, as permitted by the AAA Consumer Rules. For a business or commercial Dispute, the hearing location will be Chicago, Illinois, unless the parties agree to a remote hearing or the arbitrator directs another method consistent with the applicable rules. The arbitrator may permit reasonable discovery proportional to the needs and amount of the Dispute.
17.7 Fees, Remedies, and Award
For a consumer Dispute, fees will be allocated under the AAA Consumer Rules and Consumer Fee Schedule, and NAMYNOT will pay all amounts the business is required to pay. NAMYNOT will consider a reasonable written request to pay your share when necessary to prevent arbitration costs from being prohibitive. For a business or commercial Dispute, fees will be allocated under the AAA Commercial Rules unless the parties agree otherwise or the arbitrator reallocates fees under applicable law.
The arbitrator may award any individualized remedy available in court under applicable law, including damages, declaratory relief, and injunctive relief, but may award relief only to the individual party seeking it and only to the extent necessary to resolve that party’s individual claim. The arbitrator may award attorneys’ fees and costs only when authorized by applicable law or an enforceable contract. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction.
17.8 Jury Trial and Class Action Waiver
YOU AND NAMYNOT EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND NAMYNOT ALSO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE DIFFERENT PERSONS’ CLAIMS OR PRESIDE OVER ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
For clarity, this waiver does not prevent the AAA from applying administrative procedures under its Mass Arbitration Supplementary Rules to individually filed arbitration demands, provided each claimant’s Dispute and requested relief remain individual and no award binds a nonparty.
If a final, nonappealable decision determines that the waiver of a particular claim or remedy in this Section is unenforceable, that claim or remedy will be severed and decided by a court after all arbitrable individual claims are completed, to the extent permitted by law. No decision regarding one claimant will bind another claimant.
17.9 Thirty-Day Right to Opt Out
You may opt out of this arbitration agreement without affecting any other part of the Agreement. Your opt-out notice must be sent within thirty (30) days after the date you first affirmatively accept a version of these Terms containing this arbitration agreement. You may: (1) send a personally signed written notice by certified U.S. mail to NAMYNOT Inc., Attn: Arbitration Opt-Out, 159 N. Sangamon St. #2726, Chicago, IL 60607, United States; or (2) submit a notice through our contact form with the subject “Arbitration Opt-Out,” type your full legal name as your electronic signature, and retain the submission confirmation.
The notice must state that you opt out of arbitration and include your full legal name, business name, mailing address, email associated with the account or transaction, and account or application number if available. An opt-out applies only to the person and business identified in the notice. Opting out will not affect your eligibility for Services. If you timely opt out, neither party will be bound by this Section for Disputes between you and NAMYNOT, and Section 18 will govern forum and venue. If you previously accepted an arbitration agreement and did not timely opt out, accepting a later version does not create a new opt-out right except as to a material amendment for which NAMYNOT expressly provides a new opt-out right.
17.10 Severability and Survival
Except as provided in Section 17.8, if any part of this Section is found unenforceable, it will be severed or limited to the minimum extent necessary and the remainder will remain effective. This Section survives payment, account closure, cancellation, termination, bankruptcy to the extent permitted by law, and any transfer of the Agreement.
18. Governing Law and Court Venue
The Agreement and any Dispute are governed by Illinois law, without regard to conflict-of-laws rules, except that the FAA governs Section 17. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For a matter properly excluded from arbitration, for enforcement of an arbitration award, or if a valid arbitration opt-out applies, the parties consent to exclusive jurisdiction and venue in the state courts located in Cook County, Illinois, or the United States District Court for the Northern District of Illinois, except that an eligible individual small claims action may be filed as allowed by Section 17.3.
Nothing in the Agreement waives a nonwaivable protection of the law that applies to you. For a business or commercial claim only, and to the extent permitted by law, a claim must be filed within one (1) year after it accrued, except that this contractual period does not apply where applicable law prohibits shortening the period and is tolled as stated in Section 17.2.
19. Suspension and Termination
We may suspend or terminate access to a Service for nonpayment, fraud, security risk, illegal activity, material breach, or conduct that threatens NAMYNOT, another user, or a third party. Where reasonably practicable, we will provide notice and an opportunity to cure before termination for a curable breach. You remain responsible for obligations accrued before termination. Provisions that by their nature should survive will survive, including payment, ownership, licenses needed to complete prior work, reporting authorization, disclaimers, liability limitations, indemnification, dispute resolution, and miscellaneous terms.
20. Affiliate Program
Participation in the NAMYNOT Affiliate Program is governed by the NAMYNOT Affiliate Program Terms. For an Affiliate Program matter, the Affiliate Program Terms control over these Terms to the extent of a direct conflict. The dispute resolution section in the Affiliate Program Terms independently applies to Program disputes.
21. Miscellaneous
Notices. We may send operational and legal notices to the email or mailing address associated with your account, through your account, or by another legally sufficient method. You must keep your contact information current. Formal Dispute and arbitration opt-out notices must follow Section 17.
Assignment. You may not assign the Agreement without NAMYNOT’s prior written consent. NAMYNOT may assign the Agreement in connection with a merger, reorganization, financing, sale of assets, or transfer of the applicable business, provided the assignee assumes NAMYNOT’s applicable obligations.
No waiver. A failure or delay in enforcing a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.
Severability. Except as Section 17 provides, an invalid or unenforceable provision will be limited or severed to the minimum extent necessary, and the remainder will remain effective.
No third-party beneficiaries. The Agreement creates no third-party beneficiary rights unless it expressly states otherwise.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this provision does not excuse payment obligations for Services already provided.
Entire agreement; no reliance. The Agreement is the complete agreement regarding its subject and supersedes prior or contemporaneous discussions and representations regarding that subject. Each party acknowledges that it is not relying on a promise or representation not stated in the Agreement. Nothing in this paragraph excludes liability for fraud or fraudulent concealment.
Relationship. The Agreement does not create a partnership, joint venture, fiduciary, franchise, agency, or employment relationship.
Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.” An electronic writing satisfies a requirement that a notice or agreement be written, except where the Agreement expressly requires certified mail or applicable law requires another method.
22. Contact
General questions: NAMYNOT contact form
Net 30 account and reporting support: [email protected]
NAMYNOT Inc.
159 N. Sangamon St. #2726
Chicago, IL 60607
United States
