Terms of Use

Thank you for using the services of Tourmaline Labs, Inc.


THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE TOURMALINE LABS, INC. SERVICES (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DO NOT USE THE SERVICE.


Please read these Terms of Use ("Terms") carefully before using the websites and mobile applications (together, or individually, the "Service" or “Services”) operated by Tourmaline Labs, Inc., a Delaware Corporation ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

1. Use of Services

We grant you a limited, revocable, non-exclusive and non-transferable license to use the Services. Under the license you may download, install and use the Services on any compatible device owned or controlled by you solely for your own personal use. From time to time you may receive and use any updates to the Services as may be provided by Tourmaline Labs, Inc.

You agree not to copy the Services, reverse engineer or break into any of the Services, or use materials or Services in violation of any law. You don’t undertake to use the Services for any illegal activities, such as infringing or violating the rights of any other party; or exploit the Services in any unauthorized way whatsoever.

The use of any of the Services is at the discretion of Tourmaline Labs, Inc. We reserve the right to change, suspend, remove or disable access to the Services at any time without notice. In no event shall Tourmaline Labs, Inc. be liable for the removal or disabling of, or for imposing limits on, access to or use of the Services.

2. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Tourmaline Labs, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Tourmaline Labs, Inc.

Any copying, redistribution, rent, lease, lend, sell, use or publication by you of any such content or any part of any of the Services is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Services. You have no right to have access to the Services in source code form.

3. Privacy; Other Users

Your privacy is important to us. That’s why we have developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. We may process personal data in accordance with our Privacy Policy. Please read our Privacy Policy at our website and contact us if you have any questions.

You agree and acknowledge that, as part of your use of the Services, other users sharing your subscription may have access to your current and past location data, and you may have access to the current and past location data of other users sharing your subscription.

You agree and acknowledge that we have no responsibility for any use or misuse of your current and past location data by any other user of the Services. You further agree that you will not access or use the current and past location data of any other user in a manner that is unlawful, fraudulent, that constitutes an invasion of privacy, or is otherwise improper.

4. Trademarks

Tourmaline Labs and its brands are trademarks of Tourmaline Labs, Inc.
Apple, the Apple logo and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Other product and company names mentioned on any of the Services may be trademarks of their respective owners.

5. Availability, Errors and Inaccuracies

The information provided by the Service is not intended to replace the information provided on the road, such as travel direction, time based restrictions, lane restrictions, road blockades, traffic signs, traffic lights, police instructions, etc

Always drive vigilantly according to road conditions and in accordance with traffic laws. The Service may only be used by the driver when you have stopped your vehicle in an appropriate location permitted by law. Alternatively, the Service may be used by a passenger other than the driver, provided it does not interfere with the due course of driving and does not distract the driver's attention to the road.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

The Internet connection required to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

6. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

7. Accounts

When you create an account with us, you guarantee that you are above the age of 16, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

8. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Tourmaline Labs, Inc.

Tourmaline Labs, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tourmaline Labs, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

9. Indemnification

You agree to defend, indemnify and hold harmless Tourmaline Labs, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

10. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

TOURMALINE LABS, INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT i) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ii) ANY ERRORS OR DEFECTS WILL BE CORRECTED; iii) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR iv) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL TOURMALINE LABS, INC. NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, LITIGATION, OR THE LIKE), RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY OF THE SERVICES AND/OR CONTENT IS TO CEASE ALL USE OF THE SERVICES.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.

12. Compliance with Laws

You agree to comply with all applicable laws regarding your use of any of the Services. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

13. Conditions precedent

You represent and warrant that you are:
    (a) legally competent
    (b) if legally incompetent, have obtained a verifiable consent from your legal guardian(s), as required under applicable law, to accept the terms and conditions of these Terms,
    (c) are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
    (d) are not listed on any U.S. Government list of prohibited or restricted parties.

14. Use of Information

Tourmaline Labs, Inc. reserves the right, and you authorize us, to use and assign all information regarding use of Services by you and all information provided by you in any manner consistent with our Privacy Policy.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Severability

If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

17. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service. Upon termination, you shall cease all use of the Services and destroy all copies, full or partial, of the Services in your possession.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

18. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at the Tourmaline Labs, Inc. Sites. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

19. Other terms

Tourmaline Labs, Inc. may transfer its rights and obligations under these Terms to another person. The user may not transfer his or her rights or obligations under these Terms to another person.

20. Contact Information

You may contact us concerning any question about the Services, through the Contact Us page on the Tourmaline Labs, Inc. Site.

Tourmaline Labs, Inc.
101 W Broadway
San Diego, CA, 92101
www.tourmalinelabs.com


Last modified: October 21, 2015