This Terms of Service acts as a contract (referred to as these “Terms” or this “Agreement”) between Rocket Name Ideas and you (“you”, or the “User”) for the utilization of Rocket Name Ideas's unique hosted platform and corresponding downloadable plugins to search for creative naming solutions for individuals or entities (each search, a “Search”, and the result of each Search, the “Search Result”). This Agreement delineates our professional relationship, including the features and constraints of the services we pledge to offer you, and the manners in which you may use said services or the outputs of those services. For Users of our API, this agreement binds both you and the end users of your website or application. Therefore, by utilizing Rocket Name Ideas's website, APIs, products, or services (collectively referred to as the “Services”), or Search Result, you consent to be legally bound by these Terms and any associated policies, including our Privacy Policy.
ATTENTIVELY READ THE TERMS OUTLINED BELOW:
BY SELECTING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR UTILIZING THE SERVICES, YOU CONFIRM THAT YOU HAVE REVIEWED AND UNDERSTOOD, AND, AS A PREREQUISITE TO YOUR USE OF THE SERVICE, YOU CONSENT TO BE BOUND BY, THE TERMS, INCLUDING ROCKET NAME IDEAS’S PRIVACY POLICY.
ARBITRATION NOTICE. You consent that disputes emerging under these Terms will be settled through binding, individual arbitration as elaborated in Section 10, and BY CONSENTING TO THESE TERMS, YOU AND ROCKET NAME IDEAS BOTH FORGO THE RIGHT TO A TRIAL BY JURY OR TO ENGAGE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU CONSENT TO RELINQUISH YOUR RIGHT TO PURSUE LEGAL ACTION IN COURT to claim or protect your rights under this contract (except for issues that may be handled in small claims court). Your rights will be ascertained by a NEUTRAL ARBITRATOR and NOT a judge or jury.
If you do not consent to all the provisions and conditions of this Agreement, you must refrain from accessing or utilizing the Services or Search Result.
The Services and Search Result are open only to individuals who have reached the age of 18 years or older. By accessing any of the Services, you affirm that you are at least 18 years old. If you are under 18 years of age, you must promptly exit this site and desist from further utilization of any of our Services or Search Result.
Should you establish an account with the Services, you bear the responsibility for safeguarding your account, and you hold full accountability for all actions conducted through the account and any related activity. You are obligated to promptly inform Rocket Name Ideas of any unauthorized access to your account or any other security breaches. Rocket Name Ideas will not be held accountable for your actions or failures, including any harm or losses incurred due to such conduct.
In creating a Rocket Name Ideas account, you assert that you are a human being. Registration by “bots” or other automated procedures is prohibited. You must furnish your legal full name, an authentic email address, and any other required details to finalize the registration process. You are prohibited from using your account, or the Services accessed through your account, for unlawful or unauthorized purposes. In utilizing the Services, you must not breach any laws within your jurisdiction or any jurisdiction governing the use of the Services or Search Result.
These Terms apply to all Users of the Services, irrespective of whether the usage is complimentary or part of a paid subscription. Individual Users who subscribe to premium Services or who are part of a Group (defined below) (each, a “Subscriber”) must also study and consent to the terms of our Subscription Agreement when subscribing and whenever modifying the subscription. and study and agree to the stipulations of our Enterprise Subscription Agreement.
Subscribers make an advance payment for a designated number of Searches and downloads of Search Result (each, a “Retrieve”). Retrieves shall lapse at the conclusion of the relevant Subscription Term (as outlined in the Subscription Agreement).
In accordance with the Subscription Agreement, Subscribers may extend invitations to others to form a collective of Subscribers, or may be invited to join such a collective (a “Group”). Groups are overseen by the User who initiated them. A subscriber can only be a member of one Group simultaneously. If you accept an invitation to become part of a Group, you will retain the ability to use the Searches and Retrieves you obtained prior to joining the Group, but additional Searches and Retrieves must be procured by the User who oversees the Group on your behalf. You may choose to leave a Group, and the User who controls the Group may remove you from the Group at their discretion by sending an email to support@rocketnameideas.com.
This Agreement doesn't grant you any rights in intellectual property owned by Rocket Name Ideas or any third party, and all rights, titles, and interests in such property will stay solely with Rocket Name Ideas.
Rocket Name Ideas does not claim ownership, responsibility, or any intellectual property rights over the content or materials you furnish to Rocket Name Ideas.
Subject to your continued adherence to these Terms, Rocket Name Ideas grants you a restricted, worldwide, non-exclusive, non-transferrable, non-sublicensable, revocable license for personal use only to: (i) access and use the Services and information gathered from the Services; and (ii) download and utilize a copy of software provided by Rocket Name Ideas as part of the Service. Your utilization of the Services is confined to: (iii) carrying out searches; (iv) viewing gathered information; (v) interacting with individuals or entities found in the search; and (vi) identifying opportunities, researching existing customers and prospects, and other analyses of the information for your personal, internal use.
You may not copy, resell, reuse, exploit, or reverse engineer any part of the Services without Rocket Name Ideas' written consent.
You may not deploy any automated system, such as “robots,” “spiders,” or “offline readers,” for automatic extraction of site content or information from the Services.
Without Rocket Name Ideas' prior written agreement, you may not commercially use, sell, or disclose any data that incorporates or utilizes the information collected, and you may not pass on or reveal the information to anyone else.
Rocket Name Ideas does not support or condone the use of its Services in a manner that would breach any contract with a third party. You assure that you will not employ Rocket Name Ideas' Services or products in contravention of any third-party agreement.
Rocket Name Ideas retains the right to deny or revoke permission to use the Services if it is discovered that a third-party contract has been violated or if such use is likely to lead to a breach.
In return for access to our Services, you agree not to use the Services or any product thereof, including collected information, for any illegal purpose or in violation of any local or international laws. This includes adherence to data protection legislation and compliance with the Data Processing Addendum (“DPA”), available at https://rocketnameideas.co/dpa. The DPA outlines the parties' responsibilities under data protection laws and forms part of these Terms.
Except as specifically stated, the Services and collected information are provided as-is. Rocket Name Ideas makes reasonable efforts to maintain and update its Services but does not control the accuracy or completeness of third-party data included in the information.
Rocket Name Ideas does not specifically guarantee that:
the Services or information will fulfill your needs;
the collected information is correct or complete;
the Services will be continuous, timely, secure, or free from errors or bugs;
the calculations carried out by the Services are precise;
any faults or bugs in the Services or information will be fixed.
Rocket Name Ideas and its affiliates shall not be liable for any damages or losses related to this agreement, including but not limited to indirect or consequential damages, procurement costs for alternative products or services, interruption or data loss, or any amounts exceeding fees you paid to Rocket Name Ideas in the preceding three (3) months. Rocket Name Ideas shall not be responsible for any failure or delay caused by factors beyond its reasonable control. The above does not apply where prohibited by law.
You agree to defend, indemnify, and hold harmless Rocket Name Ideas and its subsidiaries, agents, managers, and related entities, as well as their employees, contractors, agents, officers, and directors, from all claims, damages, losses, liabilities, costs, and expenses, including legal fees, resulting from your use of the Service or your violation of this Agreement or any third-party rights, laws, rules, or regulations.
Generally. To expedite and cost-effectively resolve disputes between you and Rocket Name Ideas, except as specifically described herein, you and Rocket Name Ideas agree to handle any dispute related to these Terms through binding arbitration. Unlike a lawsuit in court, arbitration utilizes a neutral arbitrator instead of a judge or jury, may have more restricted discovery than in court, and is subject to limited review by courts. Arbitrators have the authority to award the same damages and relief as a court. This commitment to arbitrate disputes covers all claims connected to or arising from these Terms, regardless of the legal basis, and even if the claim surfaces during or after the conclusion of these Terms. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND ROCKET NAME IDEAS ARE FORGOING THE RIGHT TO TRIAL BY JURY OR TO JOIN IN A CLASS ACTION.
Exceptions. Notwithstanding the foregoing Section, these Terms do not waive, prevent, or otherwise restrict either party's right to: (a) pursue an individual action in small claims court; (b) seek enforcement through the relevant federal, state, or local agency if such action is available; (c) request injunctive relief in a court of law to aid arbitration; or (d) initiate a legal action in a court of law to handle an intellectual property infringement claim.
Opt-Out. If binding arbitration is not your preferred method of dispute resolution, you may opt out of this Section's provisions within 30 days of agreeing to these Terms by sending a letter to Rocket Name Ideas, LLC, Attention: Legal Department – Arbitration Opt-Out, 1100 Bellevue Way NE, Ste. 8A, #91, Bellevue, WA 98004, detailing: your full legal name, your email address connected to your account with the Services, and a statement of your desire to opt out of arbitration (“Opt-Out Notice”). Upon receiving your Opt-Out Notice, this Section will be void, and any disputes will be handled as outlined in Section 14(ii) (“Governing Law”). The remaining parts of these Terms will be unaffected by your Opt-Out Notice.
Arbitrator. Any arbitration between you and Rocket Name Ideas will be governed by the Federal Arbitration Act and managed by the American Arbitration Association (“AAA”) following its Consumer Arbitration Rules (collectively, “AAA Rules”), as amended by these Terms. The AAA Rules and submission forms are available at https://www.adr.org/, by calling the AAA at +1-800-778-7879, or by contacting Rocket Name Ideas. The arbitrator holds the sole authority to address any dispute over the interpretation, application, or enforceability of this binding arbitration agreement.
Notice of Arbitration; Process. A party intending to seek arbitration must initially send a written notice of the dispute to the other party through certified U.S. Mail or Federal Express (signature required) or, if the other party has not given a current physical address, by electronic mail (“Notice of Arbitration”). Rocket Name Ideas's address for Notice of Arbitration is: Rocket Name Ideas, LLC, 1100 Bellevue Way NE, Ste. 8A, #91, Bellevue, WA 98004. The Notice of Arbitration must: (a) outline the claim or dispute's nature and basis; and (b) specify the particular relief requested (“Demand”). Both parties will earnestly try to resolve the claim, but if no agreement is reached within 30 days after receiving the Notice of Arbitration, either you or Rocket Name Ideas may begin an arbitration proceeding. All arbitration procedures will remain confidential unless otherwise agreed in writing. Settlement offers must remain undisclosed to the arbitrator until a final decision is made. If the arbitrator awards you more than Rocket Name Ideas's last written settlement offer, Rocket Name Ideas will pay the higher of: (c) the awarded amount or (d) US$10,000.
Fees. Should you initiate arbitration under these Terms, Rocket Name Ideas will refund your filing fee payment unless your claim exceeds US$10,000, in which case the AAA Rules will govern the payment of fees. Any arbitration hearing will occur at a mutually agreed location within the county and state of your residence or billing address. If the claim is for US$10,000 or less, you can choose to have the arbitration conducted based on documents submitted to the arbitrator, through a non-appearance-based telephone hearing, or in-person per the AAA Rules. If the arbitrator deems your claim or relief sought frivolous or for an improper purpose (as per Federal Rule of Civil Procedure 11(b)), then fee payment will be governed by the AAA Rules, and you must reimburse Rocket Name Ideas for any expenses previously covered that are your responsibility under the AAA Rules. The arbitrator must provide a reasoned written decision, clearly outlining the findings and conclusions on which any decision or award is based. The arbitrator can make rulings on fee or expense payment and reimbursement at any stage of the proceeding or upon request within 14 days of the arbitrator's merits ruling.
No Class Actions. YOU AND ROCKET NAME IDEAS AGREE THAT CLAIMS MAY ONLY BE MADE INDIVIDUALLY AND NOT AS A PLAINTIFF OR MEMBER OF ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both parties agree otherwise, the arbitrator may not consolidate multiple claims and may not oversee any class or representative proceeding.
Modifications to this Arbitration Provision. Should Rocket Name Ideas alter this arbitration provision in the future, except for changes to Rocket Name Ideas’s address for Notice of Arbitration, you may reject such changes by sending a written notice within 30 days of the modification to Rocket Name Ideas's address for Notice of Arbitration. In that case, your account with Rocket Name Ideas will be terminated immediately, and this arbitration provision will continue as it was before the changes you rejected.
Enforceability. If Section 10(vii) (“No Class Actions”) or this entire Section is deemed unenforceable, or if Rocket Name Ideas receives an Opt-Out Notice from you, then this entire Section becomes null and void, and any actions arising out of or related to these Terms will be governed by the exclusive jurisdiction and venue detailed in Section 14(ii) (“Governing Law”).
If you are utilizing the Services in representation of a company, you confer (and assure that you have the legal power to confer) Rocket Name Ideas the right, specifically for marketing and promotional objectives, to an unlimited, everlasting, revocable, non-proprietary, completely compensated, royalty-free license to make use of your company’s name and/or logos. These resources and symbols will only be used for promotional and sales initiatives, like being exhibited on the Rocket Name Ideas website. The User retains the ability to rescind the logo usage license at will by giving written notice to Rocket Name Ideas.
Should you decide to present ideas and feedback about issues or potential enhancements or changes to the Services, you then grant to Rocket Name Ideas all rights, ownership, and interest in that feedback, encompassing all intellectual property rights, and Rocket Name Ideas shall have the liberty to use the feedback in any method and for any purpose without owing compensation to you.
Rocket Name Ideas retains the right, at its exclusive discretion, to change or substitute any portion of this Agreement. It falls upon your responsibility to periodically review this Agreement for updates. Your ongoing usage or access to the Services after changes to this Agreement are posted indicates your acceptance of those changes. Rocket Name Ideas may also introduce new services and/or features through the Services in the future (including, the unveiling of new tools and resources). Such new features and/or services will be governed by the conditions of this Agreement.
The Services are provided by Rocket Name Ideas, LLC located at 1100 Bellevue Way NE, Ste. 8A, #91, Bellevue, WA 98004. Rocket Name Ideas can be reached by sending mail to that address or by emailing support@rocketnameideas.co.
General Provisions. These Terms, along with the Privacy Policy and any other documents explicitly included by reference in these Terms, constitute the complete and sole understanding and contract between you and Rocket Name Ideas concerning your utilization of the Services. You may not delegate or transfer these Terms or your rights under these Terms, entirely or in part, whether by law or otherwise, without our preceding written approval. We may delegate these Terms anytime without notification or consent. Our failure to enforce any provision will not influence our right to enforce it at any later time, and no waiver of any breach or default or a provision will be a waiver of any subsequent breach or default or of the provision itself. Headers in these Terms are used solely for convenience and won't affect the interpretation of any clause. If any segment of these Terms is found to be invalid or unenforceable, the unenforceable part will be enforced to the maximum extent possible, with the remaining portions remaining in full force.
Jurisdiction and Law. These Terms are under the jurisdiction of Washington State's laws, without reference to conflict of law rules. Both you and Rocket Name Ideas agree to the exclusive jurisdiction of the state and federal courts in King County, Washington for the resolution of any permissible lawsuit or court proceeding under these Terms. We run the Services from our Washington offices, and we do not imply that the Services' materials are suitable or available for use in other locations.
Extra Terms. Your utilization of the Services is governed by all extra terms, policies, rules, or guidelines applicable to the Services or specific features of the Services that we might post or link from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into these Terms.
Agreement to Electronic Communication. By accessing the Services, you agree to receive particular electronic communications from us as detailed in our Privacy Policy. Review our Privacy Policy to understand more about our practices regarding electronic communication. You concur that any electronic messages we send you will comply with any legal requirements, including being in writing.
Notification for California Residents. If you reside in California, pursuant to California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at +1-800-952-5210 to resolve a complaint about the Services or for further information about using the Services.
No Support Obligation. We are not required to offer support for the Services. Should we provide support, it will be in line with our publicly available policies.
International Usage. The Services are aimed at visitors in the United States. We do not claim that the Services are suitable or accessible for use outside the United States. Access to the Services from places or by individuals where such access is unlawful is strictly forbidden.
Last updated: August 5, 2023