Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and NAMECHECK50 (“Company,” “we,” “us,” or “our”) governing your access to and use of the NAMECHECK50 business name availability search service available at namecheck50.com (the “Service”).

By creating an account, purchasing credits, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Service.

If you are using the Service on behalf of an organization (such as a law firm, company, or other entity), you represent and warrant that you have authority to bind that organization to these Terms, and references to “you” include that organization.

You must be at least 18 years old to use the Service. By using the Service, you represent that you are 18 or older.

NAMECHECK50 provides a business name availability search tool that queries official public business registration databases maintained by the individual states of the United States. When you submit a search query, we transmit your query to our data provider, which queries all 50 state business registration databases simultaneously and returns whatever results those databases provide.

The Service is designed to assist with business formation research, due diligence, judgment enforcement research, identity theft investigation, and similar research tasks. It is a research and information tool only. It is not a legal service, not a registered agent service, and not a filing service. We do not file documents with any government agency on your behalf.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

To use the Service, you must create an account using a valid email address. You may authenticate via email magic link or Google OAuth.

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You may not share your account with any other person.
• You may not create more than one account per person without our written permission.
• You must promptly notify us at legal@namecheck50.com if you suspect unauthorized access to your account.
• You must provide accurate, current, and complete information when creating your account and keep it updated.

The Service operates on a prepaid credit system. One search across all 50 states costs 50 credits. Credits are purchased in packs via Stripe, our third-party payment processor.

4.1 Pricing

Current pricing is displayed on the Pricing page. Prices are in U.S. dollars and are exclusive of any applicable taxes. We reserve the right to change prices at any time, but changes will not affect credits already purchased.

4.2 Payment Processing

All payments are processed by Stripe, Inc. By making a purchase, you also agree to Stripe's Terms of Service and Privacy Policy. We do not store your credit card number or payment card details. You authorize us (through Stripe) to charge your payment method for the amount shown at checkout.

4.3 Credits Never Expire

Purchased credits do not expire. You may use them at any time, across any number of sessions, for as long as your account remains active.

4.4 Non-Refundable Credits

ALL CREDIT PURCHASES ARE FINAL AND NON-REFUNDABLE, EXCEPT WHERE REQUIRED BY APPLICABLE LAW. Credits are consumed when a search is initiated — regardless of whether the search returns results for all 50 states, whether some states are temporarily unavailable, or whether you are satisfied with the results. We strongly encourage you to review the sample report before purchasing to understand exactly what you will receive.

We will issue a refund only if: (a) you were charged but your account was not credited due to a verified technical error on our part; or (b) applicable law requires a refund. Refund requests must be submitted within 7 days of the transaction to legal@namecheck50.com.

4.5 Chargebacks

If you initiate a chargeback with your bank or card issuer, we reserve the right to suspend or terminate your account, forfeit any remaining credits, and pursue recovery of amounts charged back through collections or legal action. We also reserve the right to dispute chargebacks by submitting evidence of your use of the Service.

4.6 Taxes

You are responsible for all applicable taxes arising from your use of the Service. If we are required to collect sales tax in your jurisdiction, it will be added to your transaction at checkout.

You agree to use the Service only for lawful purposes and in compliance with these Terms. You specifically agree not to:

• Use the Service for any illegal purpose, including to facilitate fraud, identity theft, harassment, or any violation of applicable law.
• Access the Service through automated means (bots, scrapers, scripts, or crawlers) without our prior written consent.
• Attempt to circumvent rate limits, access controls, authentication mechanisms, or any other security feature of the Service.
• Resell, sublicense, or redistribute search results or access to the Service without our prior written consent.
• Use search results to build a competing database, service, or product without our prior written consent.
• Share account credentials with any third party, or allow any third party to use your account.
• Submit false or misleading information in connection with account registration or searches.
• Interfere with the proper functioning of the Service or any server or network supporting the Service.
• Use the Service to investigate, monitor, or track private individuals in violation of applicable privacy law.
• Reverse engineer, decompile, or attempt to extract the source code of any portion of the Service.

Violation of this Acceptable Use policy may result in immediate suspension or termination of your account and forfeiture of any remaining credits.

The Service, including its design, code, user interface, trademarks, service marks, logos, and all original content, is owned by NAMECHECK50 and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or service marks.

Search results presented to you through the Service are compiled from public records maintained by U.S. state government agencies. The underlying data is public record and is not proprietary to NAMECHECK50. You may use the results of your searches for your own personal or professional purposes, subject to the restrictions in Section 6 (no resale, no competing database).

Feedback. If you provide us with suggestions, feedback, or ideas about the Service, you grant us a royalty-free, perpetual, irrevocable, worldwide license to use that feedback for any purpose, including improving the Service, without any obligation to compensate you.

The Service relies on third-party data providers, including providers of public business registration data. We are not responsible for the content, accuracy, availability, or policies of those third-party sources. If a third-party data provider experiences an outage, changes its data structure, restricts access, or provides inaccurate data, our Service may be affected without notice. Such events do not entitle you to a refund of credits.

The Service may contain links to third-party websites or services (such as official state government portals). We do not endorse, control, or assume responsibility for any third-party website or service. Your use of third-party websites is subject to those sites' own terms and policies.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NAMECHECK50 DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Any warranty regarding the accuracy, completeness, timeliness, or reliability of any search results, data, or information provided through the Service.
• Any warranty that the Service will meet your specific requirements or expectations.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you in full.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAMECHECK50, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION;
• DAMAGES ARISING FROM YOUR RELIANCE ON ANY SEARCH RESULTS, INCLUDING BUT NOT LIMITED TO COSTS INCURRED IN STATE FILING FEES, LEGAL FEES, TRADEMARK DISPUTES, OR REJECTED FILINGS;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
• ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT NAMECHECK50 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, NAMECHECK50'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO NAMECHECK50 IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages, so the above limitations may not apply to you in full. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

You agree to defend, indemnify, and hold harmless NAMECHECK50 and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or inability to use the Service;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights; or
• Any claim by a third party that arises from your reliance on or use of search results, including claims related to business name conflicts, trademark infringement, or professional malpractice.

12.1 Informal Resolution First. Before initiating any formal dispute resolution, you agree to contact us at legal@namecheck50.com and describe your dispute in writing. We will try to resolve the dispute informally within 30 days. If we cannot resolve it within 30 days, either party may initiate arbitration.

12.2 Binding Arbitration. Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions of arbitrability — shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in a court of law. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Arbitration Location and Fees. Arbitration shall be conducted virtually or, if a hearing is required, in the county of your residence or our principal place of business, at your option. AAA filing fees will be governed by the AAA's Consumer Fee Schedule. If the arbitrator finds that the claim is frivolous or filed for an improper purpose, you shall pay all fees. Each party shall bear its own attorneys' fees unless the arbitrator awards fees under applicable law.

12.4 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to legal@namecheck50.com within 30 days of first creating your account. Your notice must include your name, email address, and a clear statement that you are opting out of arbitration. If you opt out, neither party shall be bound by the arbitration provision, but all other Terms remain in effect.

12.5 Exceptions. Nothing in this Section prevents either party from seeking emergency injunctive relief from a court to prevent irreparable harm pending arbitration, or from bringing a claim in small claims court if the claim qualifies.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NAMECHECK50 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, may not preside over any form of class or representative proceeding, and may not award class-wide relief. If this class action waiver is found to be unenforceable, then the arbitration agreement in Section 12 shall not apply to that claim, and it shall be litigated in court.

BOTH YOU AND NAMECHECK50 WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

These Terms and any dispute arising out of them shall be governed by the laws of the State of Florida, without regard to its conflict-of-law provisions. For any dispute not subject to arbitration under Section 12 (or if the arbitration agreement is found unenforceable), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Florida. You waive any objection to the personal jurisdiction of such courts or to the laying of venue in such courts.

By you: You may terminate your account at any time by contacting us at legal@namecheck50.com. Upon termination, your right to use the Service immediately ceases. Unused credits are forfeited upon voluntary account termination and are non-refundable.

By us: We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, suspected fraudulent activity, extended inactivity, or discontinuation of the Service. If we terminate your account for reasons other than your breach of these Terms, we will refund a pro-rata portion of unused credits.

Survival: The following sections survive termination of these Terms: Section 5 (Results Disclaimer), Section 7 (Intellectual Property), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Dispute Resolution), Section 13 (Class Action Waiver), Section 14 (Governing Law), and any payment obligations incurred prior to termination.

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the new Terms.

If you do not agree to the updated Terms, you must stop using the Service before the effective date and may request a refund of unused credits within that 14-day window.

Non-material changes (e.g., typo corrections, formatting, clarifications that do not affect your legal rights) may be made without notice. The “last updated” date at the top of this page reflects the most recent revision.

For legal questions, dispute notices, or general inquiries about these Terms:

See also: Privacy Policy