1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the NAMC App platform ("Platform"), operated by AXSmodern Inc. ("Company," "we," "us," or "our"). By creating an account, accessing, or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms.
If you are accepting these Terms on behalf of a NAMC chapter or member organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree, do not access or use the Platform.
2. Definitions
- "Platform" refers to the NAMC App software application, including the marketing website, chapter admin portal, member portal, and all associated services.
- "Chapter" refers to a local NAMC organization that has subscribed to the Platform to manage its operations and membership.
- "Chapter Admin" refers to an authorized administrator of a Chapter with access to the chapter admin portal.
- "Member" refers to a contractor or business entity that has registered as a member of a Chapter through the Platform.
- "User" refers to any individual who accesses or uses the Platform, including Chapter Admins, Members, and visitors.
- "Content" refers to any data, text, files, documents, images, or other materials uploaded to or generated through the Platform.
- "Subscription" refers to the recurring payment plan under which a Chapter accesses the Platform.
3. Account Registration and Security
To use the Platform, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the accuracy of your account information and safeguarding your login credentials.
You are responsible for all activity that occurs under your account. You must immediately notify us if you become aware of any unauthorized access. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
The Platform supports multiple account types (Chapter Admin and Member) with different levels of access. Permissions are configurable by Chapter Admins through the Platform’s security groups and role-based access controls.
4. Subscriptions and Payment
4.1 Chapter Subscriptions
Chapters access the Platform through a paid monthly subscription. Subscriptions renew automatically unless canceled at least seven (7) days before the next billing date.
4.2 Member Dues
Members may be required to pay membership dues as determined by their Chapter. Each Chapter sets its own tiers, pricing, and billing frequency. The Company acts as a payment facilitator and does not set or control member pricing.
4.3 Payment Processing
All payments are processed through PCI DSS-compliant third-party processors. The Company does not store credit card numbers on its servers. Payment card data is handled entirely by the third-party processor through tokenized, secure connections.
4.4 Refunds
Payments are generally non-refundable. Refund requests may be considered on a case-by-case basis at the sole discretion of the Company. Contact privacy@axsmodern.com.
4.5 Auto-Payment
Users may opt into automatic recurring payments. When enabled, the default payment method on file will be charged automatically on each billing date. If a charge fails, the system will retry up to three (3) times over a seven (7) day grace period.
5. Acceptable Use
You agree to use the Platform only for lawful purposes. You agree not to:
- Use the Platform for any illegal, fraudulent, or unauthorized purpose.
- Upload harmful, threatening, abusive, defamatory, or obscene content.
- Attempt to gain unauthorized access to any portion of the Platform or other accounts.
- Interfere with or disrupt the integrity or performance of the Platform.
- Reverse engineer, decompile, or attempt to derive the source code.
- Use automated scripts, bots, or scrapers without prior written consent.
- Sublicense, resell, or redistribute access to the Platform.
6. Content and Data Ownership
6.1 Your Content
You retain ownership of all Content you upload. By uploading, you grant the Company a limited, non-exclusive license to store, process, display, and transmit your Content solely for operating the Platform.
6.2 Platform Data
Aggregated, anonymized data may be used for analytics and product improvement. Such data will never identify individual Users, Members, or Chapters.
6.3 Data Export
Chapters may export their data at any time. Upon subscription termination, data is retained for thirty (30) days, after which it may be permanently deleted.
7. Intellectual Property
The Platform, including its design, code, features, and documentation, is the intellectual property of AXSmodern Inc. The NAMC name and associated trademarks are the property of the National Association of Minority Contractors. Nothing in these Terms grants you any right, title, or interest in the Platform beyond the limited right to use it in accordance with these Terms.
8. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Company does not warrant that the Platform will be uninterrupted, error-free, or secure, and is not responsible for the actions, content, or decisions of any Chapter, Member, or third party.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AXSMODERN INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, REVENUE, OR BUSINESS OPPORTUNITIES.
The Company’s total aggregate liability shall not exceed the amount paid by you in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless AXSmodern Inc., its officers, directors, employees, and affiliates from any claims arising out of your use of the Platform, violation of these Terms, your Content, or your violation of any third-party rights.
11. Termination
Either party may terminate at any time. Chapters may cancel their subscription through the Platform. The Company reserves the right to suspend or terminate any account for conduct that violates these Terms. Upon termination, your right to access the Platform ceases immediately.
12. Modifications
The Company may modify these Terms at any time. Material changes will be communicated at least thirty (30) days in advance. Continued use after the effective date constitutes acceptance.
13. Governing Law
These Terms are governed by the laws of the State of Illinois. Disputes shall be resolved in the state or federal courts located in Illinois.
14. Contact
For questions about these Terms, contact: AXSmodern Inc. · privacy@axsmodern.com