Terms of service

Tahmo, Inc. 
Terms of Service

Please read these terms of use carefully. By accessing or using our websites, mobile applications or purchasing our products or services, you agree to be bound by these terms of use and all terms incorporated herein by reference. If you do not agree to all of these terms, do not use our websites, mobile applications or purchase our products or services.

Tahmo, Inc. designs products and tools that track temperature and humidity in various environments. These Terms of Service (“Terms”) govern your access to, use of the temperature and humidity monitoring products, websites, the software embedded in Tahmo, Inc.’s software products (“Product Software"), the Tahmo, Inc. hardware, the Tahmo, Inc. mobile applications, Product Software, including any updates, and other Tahmo, Inc. services (including any cloud services) (collectively, the “Tahmo, Inc. Services”) and certain subsidiaries and affiliates (collectively, “Tahmo, Inc.,” “we” or “us”). The Product Software is licensed to you, not sold, and only in accordance with the section entitled “Intellectual Property Rights and Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Product Software. If you are using the Tahmo, Inc. Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate any of these Terms.

We may modify the Terms at any time, at our sole discretion. If you continue to use the Services after we've notified you that the Terms have been modified, you are agreeing to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may no longer use the Tahmo, Inc. Services. Because our services continue to evolve, we may  change or discontinue all or any part of the Tahmo, Inc. Services, at any time and without notice, at our sole discretion.

Privacy:

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

Limited Warranty:

Your purchase of any Tahmo, Inc. hardware & software products (“Products”) is governed by the limited warranty (“Limited Warranty”).

Tahmo, Inc. Warranty Info

This limited warranty contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

Limited Warranty:

Tahmo, Inc. (‘Tahmo’ or ‘Company’) warrants that your Tahmo, Inc. hardware & software  product(s) (the ‘Product’) will be free from defects in materials and the workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (the ‘Warranty Period’). Subject to the ‘Claims Process,’ if a defect in the Product arises within the Warranty Period, Tahmo will, subject to applicable laws and at its sole discretion, have the option to: (a) repair or replace the covered unit with a new or refurbished Product or Product component; or (b) refund the original unit purchase price upon the return of the defective Product.

Limited Warranty Claims Process:

To initiate the claims process, you will need to supply details regarding the order and the issue encountered. Please email our team at sales@tahmo.io

Tahmo, Inc. must receive a valid verifiable Tahmo, Inc. customer’s claim prior to the end of the Warranty in order to obtain remedies under this Limited Warranty. Customer must obtain a ‘Return Merchandise Authorization’ (‘RMA’) from Tahmo by sending an email to sales@tahmo.io and return the defective Product together with proof of Product purchase (directly from Tahmo or from an authorized Tahmo, Inc. reseller), to an address specified by the Company in connection with the RMA.

Customer shall bear the cost of shipping the Product to Tahmo. Customer understands that by mailing the Product to Tahmo, Customer transfers ownership of the Product to Tahmo. The Company may not return the original Product to the Customer. If Tahmo determines that the claim is justified based on this Limited Warranty, then the repaired or replaced Product shall be covered by the remainder of the original Warranty Period and the Company will bear the cost of shipping the repaired or replacement Product to the Customer. Any Product returned without a valid warranty claim or without an RMA will be rejected, returned at sender’s cost (subject to prepayment by sender) or disposed, to be determined in the discretion of the Company.

What This Limited Warranty Does Not Cover:

This Limited Warranty does not cover the following: (a) Products marked as ‘sample’ or ‘Not for Sale’, or sold ‘AS IS’; (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Tahmo; (iii) abuse or misuse of the Product; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (v) where the Product is used with a jailbroken or rooted mobile device; or (vi) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (vii) any non-Tahmo, Inc. branded hardware products, even if packaged or sold with Tahmo, Inc. branded hardware. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.

Disclaimer Of Warranties:

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT ARE DISCLAIMED. This Warranty gives specific rights that apply to the purchase of the Product. Some jurisdictions do not permit limitations on how long an implied warranty lasts, so the above limitation may not, under such laws be applicable. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.

Limitation Of Damages:

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL Tahmo, Inc., BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND Tahmo TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.

Limitation Of Liability:

Tahmo, Inc. ONLINE SERVICE (‘SERVICES’) PROVIDE INFORMATION (‘PRODUCT INFORMATION’) ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, ‘AS IS’, AND ‘AS AVAILABLE’. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND Tahmo DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.

Terms That Apply To Product Orders:

The software embedded in the Products (and any updates thereto) (“Product Software”) is licensed and governed by the license contained in the Intellectual Property Rights and Software License Section (below). Subject to the terms in this agreement, to the extant a purchase of the Tahmo, Inc. Gateway includes access to the limited basic Tahmo, Inc. cloud service to be managed and provided at Tahmo, Inc.’s sole discretion.

Eligibility:

The Tahmo, Inc. Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Tahmo, Inc. Services, you represent and warrant that you (a) are 13 years of age or older; (b) have not been previously suspended or removed from the Tahmo, Inc. Services; (c) do not have more than one online account with Tahmo, Inc.; and (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

You may connect to the Tahmo, Inc. Service using a device that is manufactured, distributed, or sold by or on behalf of Tahmo, Inc.; the Tahmo, Inc. mobile applications; the Tahmo, Inc. software; approved third-party applications; or our website (“Authorized Source”). You may not connect to the Tahmo, Inc. Service with any device that is not manufactured, distributed, or sold by or on behalf of Tahmo, Inc. (such as a knock off or counterfeit version of a Tahmo, Inc. Product); otherwise intends to resemble or purports to be a Tahmo, Inc. Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Tahmo, Inc. Service. If you have questions about whether a product or application qualifies as an Authorized Source, please contact Support@Tahmo.io.

Necessary Equipment:

Full use of the Tahmo, Inc. Service is dependent upon your use of a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Tahmo, Inc. Service and it is your responsibility to ensure the equipment’s functionality.

Registration And Account:

In order to access and use certain areas or features of the Tahmo, Inc. Services, you may be required to register for an online account. We require that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. Tahmo, Inc. is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. We may need to contact you about your use of the Tahmo, Inc. Service. These communications are part of the Tahmo, Inc. Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings. In consideration of your use of the Tahmo, Inc. Services, you agree to (w) provide accurate, current and complete account information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (z) promptly notify us if you discover or otherwise suspect any security breaches related to the Tahmo, Inc. Services.

Alerts And Notifications:

As part of the Services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the mobile application ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Tahmo, Inc. Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.

Intellectual Property Rights And Software License:

Unless otherwise indicated on the Tahmo, Inc. Services or otherwise by us, the Tahmo, Inc. Services and all content and other materials therein, including, without limitation, the Tahmo, Inc. logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Tahmo, Inc. or our licensors or users and are protected by U.S. and international intellectual property laws.

The Tahmo, Inc. Service is intended for non-commercial use. Accordingly, we grant you a limited, non-exclusive, non-transferable, non-sublicensable limited license to (1) access and view the Content, (2) access and use the software and mobile applications provided by the Tahmo, Inc. Service, and (3) use the Product Software as authorized in these Terms. This license is provided solely for personal non-commercial of the Tahmo, Inc. Service as permitted in these Terms.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license (including sub-license), sell (including resale), transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, Tahmo, Inc. Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tahmo, Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.

If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.

Usage And Limitations Of The Tahmo, Inc. Services:

At Tahmo, Inc., we strive to provide helpful and accurate information to you by providing the Tahmo, Inc. Service, but we make no endorsement, representation or warranty of any kind about any Content, information, services or recommendations. The accuracy of the data collected and presented through the Tahmo, Inc. Service is not intended to match that of medical devices or scientific measurement devices. While we aim for the Tahmo, Inc. Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Tahmo, Inc. Services are subject to sporadic interruptions and failures for a variety of reasons beyond Tahmo, Inc.’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that we are not responsible for any damages allegedly caused by the failure or delay of the Tahmo, Inc. Services. You acknowledge and agree that the Tahmo, Inc. Services, whether standing alone or when interfaced with third-party products or services are not certified for emergency response. Tahmo, Inc. make no warranty or representation that use of the Tahmo, Inc. Services with any third-party product or service will affect or increase any level of safety. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Tahmo, Inc. Service. If you rely on any Content or the Tahmo, Inc. Service, you do so solely at your own risk.

Customer Content:

You are responsible for the content, such as any text, images, and other material and information, that you upload or post on or through our Services ("Customer Content"), and its legality, reliability, and appropriateness. You should only upload or post Customer Content that you create or have the right to use and publish. By uploading or posting your Customer Content you give us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Customer Content in connection with providing our Tahmo, Inc. Services. You agree that we can also make your Customer Content available to other users of the Tahmo, Inc. Services, who may view and/or use your Customer Content, subject to these Terms.

Enforcement:

We have the right (but not the obligation) to review any or all portions of Customer Content and delete (or modify) any of Customer Content from our Tahmo, Inc. Services for any reason, including if we believe, in our sole judgment, your Customer Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Customer Content from our Tahmo, Inc. Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Tahmo, Inc. Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Customer Content, and your conduct.

General Prohibitions:

You agree not to do any of the following:

Use the Tahmo, Inc. Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

Use the Tahmo, Inc. Services to track the location of, or collect any personally identifiable information from, any other person without their express permission;

Intercept or "sniff" the communication packets between the Products and mobile devices or attempt to reverse engineer Tahmo, Inc. protocol;

Access, tamper with, or use non-public areas of the Tahmo, Inc. Services, Tahmo, Inc.’s computer systems, or the technical delivery systems of Tahmo, Inc.’s providers;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Tahmo, Inc. Services;

Attempt to access or search the Tahmo, Inc. Services or Content or download Content from the Tahmo, Inc. Services through the use of any tool, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tahmo, Inc. or other generally available third-party web browsers;

Submit or transmit any Customer Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

Violate any applicable law or regulation, including by stalking, harassing, or tracking others for unlawful or criminal purposes.

Encourage or enable any other individual to do any of the foregoing.

Indemnity:

You will indemnify and hold harmless Tahmo, Inc. and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the Tahmo, Inc. Service, (ii) Customer Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Copyright Policy:

It is our policy to remove, or disable access to, material that infringes any copyright on our Tahmo, Inc. Services after we have been notified by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on through our Tahmo, Inc. Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

an identification of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on our Tahmo, Inc. Services;

your address, telephone number, and e-mail address;

a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Notice of claims of copyright infringement should be sent to our Copyright Agent either by mail addressed to Tahmo, Inc. 8 Whatney, Suite 115, Irvine, Calif. 92618.

Third-Party Links:

Our Tahmo, Inc. Services may contain links to content or services provided by third parties ("Third -Party Links"). These Third-Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third-Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of us with such third parties. If you access any of these Third-Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through the Third-Party Links are subject to their own terms and policies, including privacy and data gathering practices.

Termination:

You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Tahmo, Inc. Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access any of the foregoing or your account.

Disclaimers:

THE Tahmo, Inc. SERVICE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Tahmo, Inc. Service or Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Tahmo, Inc. Service or any Content. You acknowledge and agree that if you rely on any Content or the Tahmo, Inc. Service, you do so solely at your own risk.

Limitation Of Liability:

NEITHER Tahmo, Inc., ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE Tahmo, Inc. SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE  Tahmo, Inc.SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Tahmo, Inc. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT, WILL  Tahmo, Inc.’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE Tahmo, Inc. SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO Tahmo, Inc. FOR USE.

Exclusions:

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

Dispute Resolution:

You agree that any dispute between you and Tahmo, Inc. arising out of or relating to these Terms, the Tahmo, Inc. Service, or any other Tahmo, Inc. products or services (collectively, “Disputes”) will be governed as outlined below.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Tahmo, Inc., you agree to try to resolve the Dispute informally by contacting sales@tahmo.io. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Tahmo, Inc. may bring a formal proceeding.

We Both Agree to Arbitrate: You and Tahmo, Inc. agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by contacting sales@tahmo.io within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Brooklyn, New York, or any other location we agree to.

Arbitration Fees: The AAA rules will govern payment of all arbitration fees. Tahmo, Inc. will pay all arbitration fees for claims less than $75,000. Tahmo, Inc. will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate: Either you or Tahmo, Inc. may assert claims, if they qualify, in small claims court in Brooklyn (NY) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Tahmo, Inc. Service, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

Governing Law: The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Class Actions: You may only resolve Disputes with Tahmo, Inc. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

Judicial Forum for Disputes: You and Tahmo, Inc. agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Kings County, New York. Both you and Tahmo, Inc. consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Tahmo, Inc. products or Tahmo, Inc. Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Provisions:

These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements.

You may not assign or transfer these Terms, by operation of law or otherwise, without Tahmo, Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Tahmo, Inc. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Tahmo, Inc. under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Tahmo, Inc. Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

Tahmo, Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tahmo, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Please contact us if you have any questions about these Terms: sales@tahmo.io