Terms of Service

1. Who we are

notparked.com (the "Site") is owned and operated by Suds and Buds, LLC, a limited liability company organized under the laws of the State of Illinois and located in Glenview, Illinois ("Company," "we," "us," or "our").

These Terms of Service (the "Terms") govern your access to and use of the Site and any purchase of a domain name listed on it. By accessing the Site, submitting an offer, or completing a purchase, you agree to these Terms. If you do not agree, do not use the Site.

2. What we sell

We sell internet domain names that we own or otherwise control. A purchase under these Terms transfers registrant rights in the domain name only. Unless a separate written agreement signed by both parties says otherwise, a purchase does not include:

• any website, content, code, design, or files;
• any trademark, service mark, logo, or other intellectual property rights;
• any email accounts, mailboxes, forwarding, or historical email associated with the domain;
• any traffic, search ranking, backlink profile, social media handle, or advertising revenue;
• any business, goodwill, customer list, or ongoing operation of any kind.

3. Listings, prices, and offers

Listings are invitations to treat, not binding offers. We may add, remove, reprice, or withdraw any domain at any time, including after you have submitted an offer and before a transaction is opened.

Prices are shown in United States dollars and exclude any taxes, registrar fees, escrow fees, or bank charges except where expressly stated. Where a "buy it now" price is displayed, it is the price at which we are presently willing to transact; it is not a guarantee of future availability.

If you submit an offer through the Site, you are making an offer to purchase at the amount stated. We may accept it, reject it, ignore it, or respond with a counter-offer, in our sole discretion. No contract of sale is formed until (a) we expressly accept your offer in writing, and (b) a transaction is opened with the escrow agent and funded by you.

We reserve the right to correct pricing or descriptive errors at any time, including after an order has been placed. If a domain is listed at an obviously erroneous price, we may cancel the transaction and refund any amount you have paid in full, and that refund is your sole remedy.

4. How a sale is completed

Except where we agree otherwise in writing, all sales are settled through a licensed third-party escrow agent, ordinarily Escrow.com. Low-value transactions may instead be processed by card through Stripe, Inc. The process is:

1. Price is agreed and a transaction is opened with the escrow agent.
2. You deposit the purchase price with the escrow agent.
3. Once the escrow agent confirms your funds have cleared, we initiate the transfer of the domain to the registrar account you designate.
4. You inspect and confirm receipt within the inspection period set in the escrow transaction.
5. The escrow agent releases the funds to us and the transaction closes.

The escrow agent and payment processors are not our agents.Your use of Escrow.com or Stripe is governed by their own terms and privacy policies, and any dispute about the handling, holding, or release of funds is between you and that provider. We are not liable for their acts, omissions, delays, outages, fees, or decisions.

5. Transfer of the domain

We will use commercially reasonable efforts to initiate transfer promptly after funds clear, ordinarily within two (2) business days. You are responsible for:

• maintaining an account in good standing at a registrar capable of receiving the domain;
• providing accurate transfer details, including any account ID, email address, or authorization code we request;
• completing any confirmation step your registrar requires within the time it allows;
• all registrar transfer fees and all renewal fees falling due after the transfer.

Transfer timelines are outside our control. Registrar policy, ICANN rules (including the 60-day inter-registrar transfer lock following a change of registrant or registration), registry outages, and your own registrar's processing times may delay completion. Delay attributable to these causes is not a breach of these Terms.

If you fail to provide accurate transfer details or to complete a required confirmation step within fourteen (14) days of our request, we may cancel the transaction and instruct the escrow agent to return the funds, less any non-refundable escrow or processing fees actually incurred.

6. What we warrant

As of the date the domain is transferred to you, we represent that:

• we are the registrant of the domain or are otherwise authorized to transfer it;
• we have the right and authority to enter into and perform the sale;
• the domain is not, to our actual knowledge, subject to any lien, security interest, pending UDRP or URS proceeding, or court order restricting its transfer;
• we have not sold the same domain to another party.

7. What we do not warrant

Specifically, and without limitation, we make no representation that:

• the domain does not infringe anyone's trademark rights.Descriptive words, place names, and common phrases may nonetheless be subject to third-party marks in particular classes or territories. You are solely responsible for conducting your own trademark clearance and legal review before purchasing, and for how you use the domain afterward;
• the domain will rank in any search engine, receive any level of traffic, deliver any commercial result, or hold or appreciate in value;
• the domain has no prior use history, no prior registrant, no association with prior content, and no reputational, blocklist, spam-filter, or deliverability history;
• the domain is or will remain eligible for registration or renewal under any registry, registrar, or ICANN policy;
• the domain will be accepted by any particular registrar, hosting provider, email provider, or advertising platform;
• any statement on the Site describing a domain's suitability for an industry, business model, or buyer type is anything other than our marketing opinion. Such statements are not factual representations and must not be relied upon.

Any valuation, price comparison, appraisal, or market commentary appearing on the Site is an opinion offered for information only. It is not an appraisal, not investment advice, and not a guarantee of value. Domain names are illiquid, speculative assets and you may be unable to resell a domain for the price you paid or at all.

8. Your representations

By purchasing, you represent and warrant that:

• you are at least 18 years old and have authority to bind any entity you are purchasing on behalf of;
• the funds you use are lawfully obtained and you are not subject to any sanctions administered by the U.S. Office of Foreign Assets Control or located in a sanctioned jurisdiction;
• you have made your own independent assessment of the domain, including any trademark clearance you consider necessary, and are not relying on any statement by us other than those in Section 6;
• you will not use the domain for phishing, malware distribution, fraud, impersonation, infringement, or any unlawful purpose.

9. Refunds and cancellation

All sales are final once the domain has been transferred to your registrar account. Because a domain name is a unique, intangible, immediately-consumed asset, we do not offer refunds, returns, exchanges, or "cooling off" periods after transfer.

Before transfer, refunds are governed by the escrow agent's cancellation process. If we are unable to deliver the domain for any reason, your sole and exclusive remedy is a refund of amounts you actually paid, less non-refundable escrow or processing fees, and we will have no further liability to you.

You agree not to initiate a chargeback, payment reversal, or bank dispute for a domain that has been transferred to you. Doing so is a material breach of these Terms, and we may recover the domain, suspend or reverse the transfer where the registrar permits, and recover our costs and reasonable attorneys' fees.

10. Third-party trademark rights and complaints

We do not knowingly register or sell domain names in bad faith or in violation of another party's rights. If you hold a trademark and believe a domain listed on the Site infringes your rights, contact us at hello@notparked.com with the mark, its registration details, the domain at issue, and the basis of your claim. We will review any good-faith complaint promptly. Nothing in this section waives any defense available to us, and our review is not an admission of any kind.

11. Marketing communications

We conduct business-to-business outreach to parties we believe may have a commercial interest in a domain. All such messages identify us, state their commercial purpose, include a valid physical address, and provide a functioning opt-out. We honor opt-out requests promptly and, in any case, within ten (10) business days, as required by the CAN-SPAM Act. See our Privacy Policy for how we source and handle contact data, and how to opt out.

12. Acceptable use of the Site

You agree not to:

• submit offers you do not intend to honor, or submit offers on behalf of another party without authority;
• scrape, crawl, harvest, or systematically extract data from the Site except as permitted by our robots.txt;
• probe, scan, overload, or attempt to gain unauthorized access to the Site or its infrastructure;
• submit false, misleading, or automated form submissions, or attempt to manipulate any price or endpoint.

13. Intellectual property in the Site

The Site's design, text, layout, and code are owned by us and protected by copyright and other laws. Nothing on the Site grants you a license to any of it other than the right to view it in an ordinary browser. Domain names offered for sale are inventory, not licensed content, and are dealt with exclusively under Sections 2 through 9.

14. Limitation of liability

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions our liability is limited to the greatest extent permitted by law, and nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

15. Indemnification

You will indemnify, defend, and hold harmless Suds and Buds, LLC and its members, managers, officers, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of any domain purchased from us, including any claim that such use infringes or misappropriates a third party's rights; (b) your breach of these Terms or your representations in Section 8; or (c) your violation of any law or third-party right.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first

Before starting any formal proceeding, you agree to contact us at hello@notparked.com with a written description of the dispute and to negotiate in good faith for at least thirty (30) days.

Binding arbitration

If the dispute is not resolved informally, it will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Cook County, Illinois. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual action in small claims court, and either party may seek injunctive relief in court to protect its intellectual property or to prevent unauthorized use of a domain.

Class action waiver

You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims. If this waiver is found unenforceable as to a particular claim, that claim will proceed in the courts located in Cook County, Illinois, to whose exclusive jurisdiction you consent.

Time limit

Any claim arising out of or relating to these Terms or a domain must be brought within one (1) year after it accrues, or it is permanently barred, except where a longer period is required by law.

17. General

Entire agreement. These Terms, together with the Privacy Policy and any written purchase agreement signed by both parties, are the entire agreement between us and supersede all prior discussions, emails, and marketing statements. In the event of a conflict, a signed purchase agreement controls, then these Terms.

Changes. We may revise these Terms at any time by posting an updated version with a new "Last updated" date. Changes are not retroactive: the version in effect at the time your transaction was funded governs that transaction.

Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in full force.

No waiver. Our failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a sale of the business or its assets.

Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control, including registry or registrar failure, network outage, or act of government.

No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

Notices. Legal notices to us must be sent by email to hello@notparked.com, and are deemed given on the next business day after transmission. We may give you notice at the email address you provide. Nothing in this paragraph limits any method of service of process permitted by law; our current registered agent and registered office in Illinois are on file with the Illinois Secretary of State and may be looked up there.

18. Contact

Suds and Buds, LLC
Glenview, Illinois
hello@notparked.com