Terms of Service

Effective Date: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the website ("Site") provided by Byington Design LLC ("we," "our," or "us") which offers access to data, including but not limited to, datasets, analysis, reports, and other related information ("Services"). By accessing or using the Site, you agree to comply with these Terms and to be legally bound by them. If you do not agree with these Terms, please do not access or use the Site.

1. Acceptance of Terms

By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify or update these Terms at any time. We will notify users of any material changes by posting a notice on the Site or sending an email to the registered address. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old or have the legal capacity to form a binding contract under applicable law to use this Site. By accessing the Site, you confirm that you meet the eligibility criteria.

3. License to Use the Site

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Site and Services for personal purposes only. You agree not to misuse or interfere with the functionality of the Site or Services.

4. User Account

Some Services may require you to create a user account. When you create an account, you agree to:

• Provide accurate and complete information during the registration process.
• Maintain the confidentiality of your account credentials (e.g., username and password).
• Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account.

5. Data Access and Use

You may access the data provided by the Site for personal, non-commercial purposes only. You agree not to:

• Copy, modify, distribute, or sell the data without authorization.
• Use the data in a manner that violates any laws, regulations, or third-party rights.
• Engage in data mining, scraping, or harvesting from the Site.

6. No Data Scraping

You agree that you will not:

• Use any automated tools or software, including but not limited to spiders, crawlers, bots, or scrapers, to access, extract, scrape, or collect data from the Site.
• Attempt to access or extract data from the Site in ways that are not intentionally provided through the normal functionality of the Site.

Any unauthorized use of data scraping tools or other automated means to access the Site may result in termination of your account and legal action.

7. Subscription Plans and Payment

Certain Services may be provided under a subscription model. By subscribing to a paid plan, you agree to the pricing, payment terms, and subscription duration outlined on the Site. All payments are non-refundable unless otherwise stated.

We reserve the right to change subscription prices or plans, and we will notify you of such changes in advance.

8. Intellectual Property

All content, including data, designs, graphics, logos, text, and other materials available on the Site, are owned by [Your Company Name] or our licensors and are protected by intellectual property laws. You may not use, reproduce, or distribute any content without our prior written consent.

9. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.

10. Disclaimer of Warranties

The Site and Services are provided "as is" without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the accuracy, completeness, or reliability of the data provided through the Site.

11. Limitation of Liability

To the maximum extent permitted by law, [Your Company Name] and its affiliates, employees, or agents are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages. Our total liability, whether in contract, tort, or otherwise, shall not exceed the amount you have paid for the Services in the past 12 months.

12. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, losses, or expenses arising from your use of the Site or violation of these Terms.

13. Termination

We reserve the right to suspend or terminate your access to the Site, in whole or in part, at our sole discretion, for any reason, including violation of these Terms. Upon termination, you must immediately cease using the Site and Services.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Ohio, USA, without regard to its conflict of laws principles. Any disputes arising under or related to these Terms will be resolved through binding arbitration in [Location], unless otherwise agreed by both parties.

15. Miscellaneous

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Entire Agreement: These Terms constitute the entire agreement between you and [Your Company Name] regarding your use of the Site and Services, superseding any prior agreements or understandings.
• Force Majeure: We are not liable for any failure to perform under these Terms due to events beyond our reasonable control, including natural disasters, war, strikes, or government action.

16. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

tos@rap-name-generator.com