Terms of Service

Last Updated: September 4, 2025

Welcome to NamingForce (the "Platform"), provided by Perpetual Quest, LLC ("NamingForce," "we," "us," or "our"). These Terms of Service (this "Agreement") are a binding contract between you and NamingForce. This Agreement governs your access to and use of namingforce.com and any subdomains (the "Website") and all content, features, and services offered on or through the Website (collectively, the "Services").

By accessing, registering for, or using the Services, you represent and warrant that: (1) you are at least 18 years of age; (2) you agree to be bound by this Agreement and all policies and guidelines that we reference or incorporate by reference; (3) you have the legal authority to enter into this Agreement on your own behalf or on behalf of the person or entity you represent; and (4) you will not abuse or misuse the Services or misrepresent your identity to us. This Agreement is governed by the Electronic Signatures in Global and National Commerce Act. PLEASE READ THIS AGREEMENT CAREFULLY. YOUR ACCESS TO OR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

We may amend this Agreement at any time by posting an updated version on the Website. Each update will include a new "Last Updated" date. Your continued use of the Services after any update constitutes your acceptance of the revised Agreement.

1. Definitions

"We," "us," "our" refers to NamingForce.

"Content" means all text, information, graphics, audio, video, code, and data offered through our Website, whether available for free or as part of any paid Services. Content that members provide is called "Member Content."

"Member" means a Creative or Buyer who has joined the Website to use the Services.

"Buyer" means a Member who hosts a Contest for one or more Creatives or purchases a domain from the NamingForce Marketplace.

"Creative" means a Member who participates in a Contest by submitting an Entry or who lists services for sale in the Marketplace.

"Seller" means a Member who offers domain names for sale in the Marketplace.

"Contest" means an online event hosted by a Buyer to invite Creatives to submit Entries for a project. A "Guaranteed Contest" means a Contest in which the Buyer guarantees selection of a Winner.

"Contest Guidelines" means the rules and parameters that we publish for Contests, which Buyers must follow when creating a Contest.

"Entry" means a proposed name, article, advice, logo or other design, video, or marketing traffic submission by a Creative as part of a Contest.

"Domain" means an Internet domain name or website URL offered for sale on the Platform.

"Buyer Payment" means the fee that a Buyer pays for a Contest.

"Contest Prize" means the Buyer Payment, less fees due to NamingForce, that is allocated to the Winner or Winners of a Contest.

"Winner" means the Creative and corresponding Entry selected by a Buyer for a Contest. A Buyer may select zero Winners if permitted by the Contest type, or more than one Winner if allowed.

"Dollar Credits" means credits for the purchase of goods or services from NamingForce that may be redeemed for United States Dollars, or for other currencies at our election.

"Bonus Credits" means non-monetary credits that may be exchanged for certain features, goods, or services offered by NamingForce but that cannot be redeemed for cash.

"NamingForce Credits" collectively refers to Dollar Credits and Bonus Credits.

"Member Services" means a fixed price offering of services by a Member to other Members for that fixed price.

"Naming, Marketing, or Design Project" means a project to identify a business or website name, a marketing initiative, or a logo or other design, for which a Buyer engages Creatives to submit Entries.

"Intellectual Property Rights" means all intellectual property rights worldwide, including rights in copyrights, patents, trademarks, trade secrets, design rights, database rights, moral rights, and similar rights, whether registered or unregistered and including applications and rights to apply for registration.

"Automatic IP Transfer" means the automatic transfer of Intellectual Property Rights in an Entry from the Creative to the Buyer after Winner selection and payment as described in this Agreement.

"Stock Images" means images, logos, or other works that can be licensed from a third party stock provider.

"Taxes" means any applicable duties, sales taxes, GST, VAT, or other taxes that may be levied on any transaction contemplated by this Agreement.

"Third Party Works" means any content, image, logo, artwork, literary work, or other item in which the Intellectual Property Rights are owned by someone other than the Member, including Stock Images.

"Abandoned Contest" means a Contest in which a Buyer has not selected a Winner within 30 days after the Contest end date and the Contest does not qualify for a refund.

"User Account" means your online account with NamingForce.

2. Legal Relationships and Obligations

2.1 Platform Role

NamingForce provides an online venue. Buyers post projects for creative services, Creatives submit Entries that respond to the Buyer requirements, and Buyers choose the Entries they prefer. We do not source or deliver projects or Entries, except where expressly stated.

Buyers may also purchase Domain names listed for sale by Sellers in the Marketplace.

2.2 Contracts Between Members

By registering as a Member, you acknowledge and agree that you contract directly with other Members to buy or sell services or Domain names. Creatives are not required to participate in any project.

• By submitting Entries to a project, Creatives agree that if their Entry is selected, they will enter into a binding agreement with the Buyer under the terms of our Intellectual Property Transfer Agreement, available at https://www.namingforce.com/legal/ip-transfer-agreement.
• When a Buyer selects a Winner, the Buyer agrees to purchase, and the Creative agrees to deliver, the services in accordance with the Intellectual Property Transfer Agreement and this Agreement. The Buyer agrees to select the Winner within seven days after the project ends. If the Buyer fails to select a Winner, the Buyer agrees that NamingForce may, after at least 30 days have passed following the project end date, pay the Contest Prize on behalf of the Buyer to one or more Creatives who submitted Entries. Buyers who are eligible for a refund under our Refund Policy must request it within seven days after the project end date.
• If you are a Seller of a Domain in the Marketplace, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the Domain with the appropriate registrar; (ii) your registration rights are current and not subject to deletion, cancellation, rescission, or deactivation; (iii) you have not taken any action that impairs your ability or right to transfer the Domain registration and no such action has been taken against you; (iv) the Domain has not been used in a manner that infringes rights of any third party, including trademark, naming, or publicity rights; (v) the Domain is not the subject of any pending legal dispute challenging your right to register or use the Domain; (vi) you will accurately describe your listing; (vii) you own and have the right to sell any content you include with the listing; (viii) if your offer is accepted, you will complete the transaction with a ready, willing, and able Buyer; and (ix) upon receipt of payment for the Domain, you will assign to the Buyer all Intellectual Property Rights that you hold in the Domain.

You agree to act in good faith and engage in fair dealing with respect to the Intellectual Property Transfer Agreement. You acknowledge that the value and goodwill of NamingForce depend in part on your performance of these covenants. We may take actions we deem necessary to protect the Platform, including suspending or terminating accounts or seeking legal remedies.

2.3 Taxes and Reporting

Each Member is solely responsible for all income, payroll, withholding, sales and use tax, reporting, and other legal requirements under applicable law, including those applicable to services bought or sold by independent contractors.

2.4 Creative Role and Relationship with NamingForce

If you are a Creative, you decide which Contests to enter and how much time to spend. You are not obligated to submit Entries. Your use of the Services does not create an employment, partnership, joint venture, agency, franchise, or sales representative relationship with NamingForce. We do not provide equipment or tools, benefits, or insurance. We do not withhold any taxes. You are free to work for anyone, including our competitors. You do not have authority to bind NamingForce.

We may request a W-9 if you are a U.S. taxpayer or a W-8BEN if you are not, and you may be barred from participating in Contests or withdrawing Dollar Credits until you complete or update these forms.

2.5 Links to Third Party Content

The Website may link to third party sites. We are not responsible for their availability, accuracy, content, advertising, or products. Links do not imply endorsement. You use third party links at your own risk and release us from liability arising from your use of third party sites.

2.6 User Entries and Domains

You are solely responsible for your Entries, Domains, and all content you post and for the consequences of posting. You affirm that you own or have the necessary rights to authorize our use of your content as contemplated by the Website and this Agreement.

3. Your User Account

3.1 Creating and Securing Your Account

You must create a User Account to use the Services. Your account is created using our online signup or any other method we specify. Keep your username and password confidential. You warrant that all information you provide is true and accurate. You agree to maintain only one active User Account and to refrain from using proxy services to hide your IP address. You agree to provide identity documents that we reasonably request to verify your identity.

3.2 Member Conduct

Any violation of this Agreement may result in suspension or termination of your account. Prohibited conduct includes the following:

• Reselling, sublicensing, or transferring your account or access to the Website.
• Using your account in a fraudulent or illegal manner, or posting content that is offensive, unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, or otherwise objectionable.
• Stalking or harassing any person or entity.
• Impersonating any person or entity.
• Infringing any third party Intellectual Property Rights.
• Sending advertising, chain letters, junk mail, spam, or other unsolicited communications.
• Promoting any website or platform that is not affiliated with NamingForce through your account.
• Forging or altering headers or address information in emails or other communications.
• Transmitting viruses, spyware, malware, or other harmful code.
• Adding funds for the purpose of transferring or laundering funds via a different payout method or to another user.
• Damaging or degrading the Website, or denying access to other users.
• Intentionally or recklessly degrading performance for other users.
• Cancelling a Contest to take a Creative's Entry without paying for it.
• Cancelling a Contest and then contracting separately with a Creative in order to avoid paying NamingForce fees or Buyer Payment.
• Maintaining more than one active account.
• Hosting a Contest on behalf of a business that directly competes with NamingForce.
• As a Contest Holder, awarding a Contest to a friend, family member, co-worker, or other acquaintance.
• Requesting or sharing personal contact information in order to take communications off-platform without express permission, or soliciting Users to join a third party site.

4. Domain Sales

Domains listed on NamingForce are either owned directly by Creatives or registered by NamingForce on behalf of Creatives. When you purchase a Domain through any authorized payment provider, you are purchasing the Domain name. This includes the exclusive right to use that Domain while you keep it registered and in good standing with the registrar. We may provide a logo associated with the Domain if indicated. No hosting, website content, or other rights are transferred with the Domain.

After successful purchase and verification, the Domain will be transferred to you at the current registrar. You may keep the Domain at that registrar or transfer it to another registrar if permitted. You are solely responsible for maintaining the registration and paying annual renewal fees directly to your registrar. Registration fees vary by registrar and are typically between 10 and 20 United States Dollars per year.

4.1 Refund Policy for Domains

• You may request a refund for Domains purchased with an outright payment if you contact us within 48 hours of purchase and we have not initiated the transfer.
• Refunds are subject to a 5 percent cancellation fee to cover payment gateway and transaction processing costs.
• If we are unable to transfer the Domain to you, you will receive a full refund and the 5 percent fee will not apply.
• You are not eligible for a refund after the transfer has been initiated or after 48 hours from purchase, whichever occurs first.
• For installment plan purchases, installments already paid are nonrefundable. You may cancel future installments. If you cancel, the Domain will not be transferred and will return to the Marketplace.

4.2 Verification of Sales

A Domain sale is not complete until the order is verified and approved by NamingForce. Orders are subject to final review to confirm the Domain is available and that no issues obstruct the sale. Receipts or confirmations do not render the transaction complete. If circumstances prevent delivery, we will refund all charges.

We may require additional buyer verification. If you do not provide required information, we may cancel the order and issue a refund. A sale is considered complete only after verification, approval, and successful transfer of the Domain to the Buyer.

4.3 Legal Rights

NamingForce does not determine whether Domains infringe the legal rights of others. Buyers are solely responsible for researching whether purchase and use of a Domain will infringe third party rights, including trademark and copyright.

5. Contests

5.1 Buyers — Hosting a Contest

To host a Contest, Buyers must use the Website to:

• Choose the Contest type as available at that time. By default, a Contest is prepaid unless the Buyer, with our express approval, selects a Guaranteed Contest.
• Advertise the Contest to Creatives.
• Specify the total Buyer Payment in accordance with Contest Guidelines.
• Specify the Contest duration within any posted limits.
• Provide any other details that we require.
• Pay the Buyer Payment to NamingForce.

5.2 Our Role for a Contest

We will invite Creatives to submit Entries and will deliver Entries to Buyers via the Website. The Creatives invited may vary by Contest type.

Trademark Features

Some Naming Contests include a basic Trademark Check feature that searches for exact matches in the USPTO database. This check does not guarantee approval of any trademark application. We may also offer Comprehensive Trademark Screening reports. These reports provide data on potential conflicts but are not legal advice. Buyers must perform their own due diligence and should consult a qualified trademark attorney.

5.3 Buyers — Choosing a Winner

When your Contest ends, you must choose a Winner. If you do not select a Winner within 30 days after the Contest ends, we may retain the Buyer Payment and award the Contest Prize to one or more Creatives at our discretion without further obligation to you. You may not select an Entry from a relative, friend, or anyone previously known to you.

We disclaim all liability related to any Entry, including potential infringement of third party rights or the legality or availability of any Entry. Buyers are responsible for ensuring that their selected Entry meets all legal requirements in their jurisdiction.

5.4 Creatives — Entering a Contest

To participate, submit Entries that meet the Contest brief and our Contest Guidelines. You represent that your Entry is your original creation and does not infringe third party rights. You represent that you are not related to and do not know the Buyer. If your Entry includes Third Party Works, it must comply with our Contest Guidelines. By uploading your Entry, you grant NamingForce a perpetual, nonexclusive, royalty free, fully paid, transferable, assignable, sublicensable, worldwide license to display your Entry to the Buyer and to display it publicly on the Website if you are selected as a Winner.

Buyers may engage NamingForce to conduct naming research or external polling of shortlisted names. By uploading your Entry, you authorize us to include it in such research.

If a non-disclosure agreement applies to a Contest, you agree to comply with it whether or not your Entry wins.

5.5 Creatives — No Guarantees

• There is no guarantee that you will be selected as a Winner.
• There is no guarantee that you will be the only Winner.
• We are not responsible for the terms or results of any separate agreements between you and a Buyer.
• We are not responsible for any uncompensated use of your Entry by a Buyer.
• We are not responsible if a Buyer selects a Winner that does not strictly follow the brief.

5.6 Creatives — Being Named a Winner

If you are selected as a Winner, we will notify you and release the Contest Prize to your User Account. You consent to enter into a binding agreement with the Buyer under the Intellectual Property Transfer Agreement available at https://www.namingforce.com/legal/ip-transfer-agreement.

To be eligible for Winner selection, a Contest must receive submissions from at least 10 different Creatives.

5.7 Creatives — Receiving a Bonus

If a Buyer wants to use your Entry without selecting it as the Winner, the Buyer can send you a Bonus. If a Bonus is sent, we will notify you and release the Bonus to your User Account. By accepting a Bonus, you consent to enter into the Intellectual Property Transfer Agreement for that Entry.

5.9 Bonus Payments

If a Buyer intends to use more than one Entry from a Contest, the Buyer must pay a Bonus of 100 United States Dollars to the Creative for each additional Entry used besides the winning Entry.

5.10 Guaranteed Contests

A Guaranteed Contest is a Buyer commitment to select a Winner. Guaranteed Contests cannot be canceled, except if: (i) payment was incomplete, fraudulent, or unauthorized; (ii) the Contest was created in the wrong category; (iii) the Contest violates these Terms; or (iv) a refund is issued due to chargeback or a special circumstance determined by us.

5.11 Abandoned Contests

If a Winner is not selected within 30 days after the end of the Contest, we may award the Contest Prize to one or more Creatives at our discretion. This selection cannot be challenged by the Buyer or any Creative.

If a Buyer wants to use an Entry from an Abandoned Contest, the Buyer must contact us within 60 days of the Contest end date. We will notify the Creative.

• If the Creative has already received at least 100 United States Dollars from the Contest, the Creative consents to entering into the Intellectual Property Transfer Agreement for that Entry.
• If the Creative has received less than 100 United States Dollars, the Buyer must pay the difference to reach 100 United States Dollars, after which the Creative consents to the Intellectual Property Transfer Agreement.
• If the Creative has not received any compensation, the Buyer must pay a 100 United States Dollar Bonus, after which the Creative consents to the Intellectual Property Transfer Agreement.

6. Payments and Refunds

6.1 NamingForce Credits

There are two types of NamingForce Credits: Dollar Credits and Bonus Credits. Each Dollar Credit equals one United States Dollar. Bonus Credits are not currency and cannot be traded or sold. We may specify features or services that can be purchased using Bonus Credits. We round down any Dollar Credit with a fraction of a cent to the nearest whole cent.

We may reduce your balance of NamingForce Credits for any amounts you owe us, including to compensate us for losses caused by your breach of this Agreement.

Converting Dollar Credits

You may convert Dollar Credits to United States Dollars or another currency that we permit and request payment via your selected payout method. Payments may be reduced by amounts you owe us and by administration fees. Payments in a non-USD currency will use an exchange rate we determine. You bear the risk of exchange loss. Withdrawals may be subject to posted minimums or maximums. Dollar Credits expire 12 months from the date you last received Dollar Credits into your account. We may refuse withdrawals while you are in breach of this Agreement.

Requirements and Chargebacks

• You must have a verified PayPal or Payoneer account to withdraw funds and may be required to provide a government issued photo ID or other documentation.
• If a Buyer payment is refunded or charged back, the Creative must reimburse us for all amounts subject to the refund or chargeback, including any award and our fees. If a Creative breaches the Intellectual Property Transfer Agreement or this Agreement, we may reduce amounts owed to the Creative to compensate us for our losses.

6.2 Taxes

Each Member is solely responsible for all applicable taxes and legal reporting obligations.

6.3 Refunds

We may issue refunds in our discretion if: (i) your payment is eligible under our Refund Policy; (ii) a refund is required under an applicable addendum; (iii) we determine that a refund is required by law; (iv) the order or request is fraudulent; (v) the Buyer placed a duplicate order in error; (vi) the Contest, Buyer, or Creative violates these Terms; or (vii) a special circumstance warrants a refund. Our determination is final.

To voluntarily cancel a Contest, you must notify us within seven days after the Contest ends. If we allow the cancellation, the Contest will be canceled and the Contest Prize, which equals the Buyer Payment minus listing or upgrade fees, will be refunded in accordance with this Agreement. You may not cancel a Contest and then use a Creative's Entry. Doing so violates this Agreement and may result in termination and other remedies.

We may cancel any Contest that violates the law. If we cancel an illegal Contest, no refund will be provided, and we may terminate your account and pursue other remedies.

7. Privacy

Our collection and use of personal information is described in our Privacy Policy posted on the Website. By using the Services, you agree to our Privacy Policy.

8. Relationship of the Parties

NamingForce is an independent service provider. You are not our partner, employee, or agent. By using the Services, you enter into separate agreements with other Members. We are not a party to your interactions with those Members and are not responsible for their acts or omissions.

9. Your General Obligations

• Use the Services only for lawful purposes and only for holding or entering Contests or buying and selling Domains or Member Services.
• Comply with all laws applicable to your Contest or design supply.
• Comply with applicable import or export restrictions.
• Do not cause NamingForce to breach any law or third party obligation.
• Do not engage in any act or omission that harms NamingForce, our brand, or our Members.
• Provide all information we request that we require to provide the Services.

10. Suspension of Services

We may suspend your account and access to the Services at any time, with or without notice, for any reason, including if we determine that:

• You breached this Agreement.
• You are committing fraud, contacting Creatives to avoid payments, or colluding regarding Winner selection.
• Your use is offensive, unethical, or likely to damage our reputation.
• Your use involves disallowed categories such as pornography, gambling, or prostitution, or other adult oriented services.
• Your content is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, or otherwise objectionable and may cause harm to us or Members.
• You violated messaging or comment posting guidelines.
• You directly or indirectly challenged a Contest Holder regarding ratings or Winner selection, or challenged Winner selection for Abandoned Contests.

Suspension may be partial or for a fixed or indefinite period. We may reactivate the Services at our discretion. Repeated suspensions may result in a permanent ban. During suspension, you may not withdraw or spend Credits. We may retain your Credits to compensate us for losses arising from your breach.

11. Term and Termination

• This Agreement begins when you create an account and ends when your account is closed or you stop using the Services.
• If your account is reactivated or a new account is opened after termination, you again become bound by this Agreement. Provisions that customarily survive termination will survive.
• We may terminate this Agreement and your account at any time for any reason, with or without notice.

Upon termination: (1) we will withdraw your access to the Services within a period we determine; (2) any Bonus Credits you hold will be canceled; and (3) you may redeem Dollar Credits in accordance with this Agreement, subject to our right to withhold a reasonable portion for chargebacks, refunds, payments due to third parties, or other costs. Within twelve months after termination, we will pay you any amounts due.

12. NamingForce Is Not an Escrow Service

NamingForce is not an escrow service and does not hold property on behalf of any person. All amounts paid to us are our property. Your only rights to receive payment are as expressly set out in this Agreement.

13. Limitation of Liability and Disclaimers

• We do not warrant that the Services will be error free.
• We are not liable for failures or delays due to events beyond our reasonable control, including acts of God, war, terrorism, disasters, strikes, denial of service attacks, telecom or hardware failures, third party software failures, unusual spikes in demand, failures of financial institutions, or similar events.
• We are not responsible for unauthorized withdrawals or spending of your Credits arising from such events or unauthorized access to your account.
• Except as expressly stated, we make no warranties, express or implied. Any implied terms are excluded to the maximum extent permitted by law.
• To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including loss of profits, revenue, contracts, or data, whether based on contract, tort, statute, or otherwise.
• Our maximum aggregate liability arising out of or related to the Services or this Agreement will not exceed the lesser of 100 United States Dollars or the amount you paid for the Services giving rise to the claim.
• The limitations in this Section apply to the extent permitted by law and do not limit your non-waivable statutory rights.

14. Indemnity

You will indemnify and hold harmless NamingForce and our officers, employees, agents, and third party providers from any loss, cost, expense, or damage, including attorneys' fees on a full indemnity basis, arising from: (A) your breach of any representation, warranty, or term of this Agreement; (B) your acts or omissions; (C) your breach of obligations to a third party, including another Member; (D) your infringement of third party Intellectual Property Rights; or (E) any legal proceeding threatened or brought against us as a result of your breach of this Agreement.

15. Intellectual Property

• We own all rights in the Website and your User Account, excluding Entries and Domains. When you submit Content, you grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty free, sublicensable, assignable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website, in any media now known or later developed.
• You will not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works of, repost, or otherwise use any Content found on the Website for public or commercial purposes without the prior written consent of the rights holder. You will not reverse engineer or interfere with the operation of any part of the Website except as permitted by law.
• You will not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website or Services for any commercial purpose not expressly permitted in writing by us.
• Ownership of Intellectual Property Rights in Entries is strictly between the Buyer and the Creative.
• We will not adjudicate claims that an Entry or other Content infringes your or a third party's rights. We may remove Content or Entries that we determine may infringe the rights of others.

16. Informal Dispute Resolution

Before initiating arbitration or small claims court, you agree to first notify us in writing and attempt to resolve the dispute informally. Describe the dispute and include relevant documentation. Send notices to the address in Section 21. We will respond within 30 days. If the dispute is not resolved within 30 days after receipt, either party may proceed as described below.

17. Arbitration Agreement and Waiver of Certain Rights

Except as set forth in this Section, you and we agree to resolve any disputes, claims, or controversies between you and us, or between you and our third party agents, through binding and final arbitration, rather than in court, in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The Federal Arbitration Act and federal arbitration law apply to this agreement. You and we waive the right to a jury trial.

• The arbitration will be heard by a single arbitrator. The arbitrator's decision is final and may be enforced in any court with jurisdiction. The proceedings are confidential, except as required by law.
• To begin arbitration, you must send us a signed letter requesting arbitration and describing your claim at least five days before initiating the arbitration. See Section 21 for our address.
• If arbitration costs are prohibitive compared to litigation, we will pay as much of the administrative costs and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being prohibitive. The arbitrator may apportion costs and fees in the final award.
• This agreement does not prevent either party from seeking action by government agencies, bringing qualifying claims in small claims court, or seeking provisional relief in court.
• Class and representative actions are not permitted. Claims must be brought on an individual basis only. The arbitrator may not consolidate claims without the parties' prior written consent. The arbitrator may award the same individual remedies that would be available in court, including injunctive and declaratory relief. However, the arbitrator may not issue a public injunction. Any request for a public injunction may only be adjudicated by a court, after individual claims in arbitration are resolved.
• If any part of this Section is found invalid or unenforceable, the remainder will continue in full force and effect. This Section survives termination of your relationship with us.

18. Mass Arbitration Process Requirements

If 25 or more similar claims are asserted against us at or around the same time by the same or coordinated counsel, you agree to the following process. Each side will select ten cases to proceed first in individual arbitrations as a bellwether. Remaining cases will not be filed or deemed filed, and AAA fees will not be assessed, until selected to proceed. If unresolved after the first twenty cases, the parties will participate in a global mediation before a retired judge at our expense for the mediator's fee. If unresolved, each side will select twenty additional cases for a second bellwether. If fewer than forty claims remain, all will proceed. If still unresolved, staged sets of up to one hundred cases will proceed at a time, selected randomly or by the AAA, until all claims are adjudicated or resolved. Between stages, the parties will participate in global mediations upon request. Limitations periods and filing deadlines are tolled from the first bellwether selection until your case is selected, withdrawn, or resolved. A court of competent jurisdiction may enforce this paragraph and may enjoin mass filings. If a court declines to enforce these requirements, counsel will work with a Process Arbitrator to devise procedures that keep arbitration efficient and cost effective. Either party may engage the AAA to address fee reductions.

19. Other Provisions

• We are not liable for delays or failures caused in whole or in part by events beyond our reasonable control.
• No action arising out of transactions under this Agreement may be brought more than one year after the cause of action accrues.
• These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. Venue for any permitted court action is in state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.
• If any provision is unlawful or unenforceable, it will be severed and the remainder will remain in effect.
• Failure to enforce any right does not waive that right.
• We may assign our rights and obligations, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign this Agreement without our prior written consent, and any attempted assignment is void.

20. Miscellaneous

• We may amend these Terms at any time by posting an updated version on the Website. You are deemed to agree to the amendments by using the Services after the amendment date.
• Unless you request otherwise, we may use your corporate identity to promote the Services.
• Any waiver must be in a signed writing. No single or partial exercise of any right precludes any other exercise. Rights are cumulative.
• If any provision is invalid or unenforceable, it will be treated as severed, and the remainder will continue in effect.
• This Agreement constitutes the entire agreement between you and us regarding the Services and supersedes all prior understandings on the subject.

21. Default and Payment Failures

If there are payment issues, including expired billing details or failed charges, we may pause or cancel active Contests, withhold Contest award payouts, or suspend accounts until payment issues are resolved. Repeated or intentional payment failures may lead to permanent suspension.

22. Notices

Legal notices and inquiries should be addressed to:

A notice delivered by hand is considered received when delivered. A notice sent by prepaid post is considered received on the third day after posting. A notice sent by facsimile is considered received upon the sender's receipt of a transmission report that confirms successful transmission. A notice sent by email is considered received upon confirmation from the recipient or the recipient's email server that the email has been received.