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Terms of Service

Last updated on August 10th, 2018

The website thinklumo.com (the “Site”), Lumo iOS and android mobile apps (“App”), and the Lumo API (“API”), collectively referred to as the Services are brought to you by Resilient Ops, Inc. (“Resilient Ops”, “Lumo”, “we,” “us,” or “our”).

Your acceptance of the terms of use

Please read these Terms and Conditions of Use (the “Terms of Use” or “User Agreement”) carefully before using our services as they constitute a legally binding contract between you and Lumo. This User Agreement sets forth the terms and conditions which govern your use of the Services and of the Content (as defined below).

By using our services in any manner, you hereby accept, without limitation or qualification, (a) the Terms of Use, and (2) the Privacy Policy for the Services (the “Privacy Policy”). If you do not agree to these terms of use to the privacy policy, please do not use the site and/or services and exit now.

Updates and Revisions to the Terms of Use

Please review the terms periodically. We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time. In the event of any such update or revision, we will post a notice on the Site that we have changed these Terms of Use together with the updated or revised Terms of Use. Such updates or revisions shall become effective immediately upon the posting thereof. Your continued use of the site following the posting of updates and/or revisions to the Terms of Use will constitute your acceptance of such update and/or revised Terms of Use.

The most current version of the Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of any page for the Site.

1. Content made available on or through our services and your use of content

  1. Description of Content. The Site, App, and API contain a wide variety of Content (defined below), whether (1) proprietary to Resilient Ops, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in Section 2.C below) through use of the Services.

  2. Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Resilient Ops or other parties that have licensed their material to Resilient Ops, and are protected by copyright, trademark and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, without the prior consent of Resilient Ops or such third-party that owns the Content. All rights not expressly granted herein by Resilient Ops and/or its licensors to you are reserved by Resilient Ops and/or its licensors.

  3. Restrictions on Your Use of Content.

    1. Site and App use: You may access and use Content in the Site and App solely for your information and personal, non-commercial use, as intended through the functionality of the Services and permitted under this User Agreement. Any modification of the Content, use of the Content on any website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Resilient Ops or its licensors, as applicable, is a violation of the copyright, trademark and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site. You shall not download any Content unless you see a “download” or similar link displayed by us on the Site for such Content. We do not have an obligation to detect the presence of Harmful Code (as defined in Section 3 below). If you download any Content from the Site, you do so at your own risk.

    2. API use: Unless you have a separate Data License Agreement with us that permits other uses of the API, Resilient Ops grants you a nonexclusive, non-sublicensable, non-transferable, limited, worldwide license for personal or commercial use to (i) to make calls or queries to the API for purposes of receiving the Content; and (ii) to use, copy, modify, display, distribute, and prepare derivative works of the Content retrieved from the API for your internal business purposes, and to disclose and distribute the Content and its derivative works to your customers and clients.

  4. Disclaimer. Content, and all information provided to you by us about your flight in connection with our Services (“Flight Information”), is provided to you AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content or Flight Information and you hereby agree that you must evaluate and bear all risks associated with the use of any Content or Flight Information, including any reliance on the integrity and accuracy of such Content or Flight Information. We do not warrant that the quality of our Services, Flight Information or other information and material obtained by you from us will meet your expectations or that any errors in the Services, Flight Information or any other information and material will be corrected. Nothing on OUR site should be deemed to constitute recommendation to purchase, sell or hold, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, any registered or unregistered security.

2. Restrictions on your use of the services

  1. Site and App use: You agree not to access or use the Site and/or Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Site and/or Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Site and/or Services in any manner, including without limitation, through the use of methods such as denial of service attacks, flooding or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Site and/or Services in any manner that could damage, disable or impair our products, services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site and/or Services.

  2. API use: Unless you have a separate Data License agreement with us, users of the API shall obligate each of your clients and customers not to distribute the Content outside of such entity’s organization, and not to use Content for any purpose other than your internal business purposes.  You shall not directly or indirectly: (i) sell, rent, lease, distribute, redistribute or transfer the API or use the API in a hosted or managed services environment; (ii) modify or create derivative works of the API; (iv) remove any proprietary notice, labels, or marks on or in the API; (v) disable or circumvent any access control or related device, process or procedure established with respect to the API; (vi) store the Data in a persistent database, including, without limitation, cache the Data; or (vii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the API.   

3. Trademarks/Service marks, logos, slogans, and taglines

All trademarks, service marks, logos, slogans and taglines displayed on or through the Site and/or Services are the property of Resilient Ops or its respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site and/or Services without the express written permission of Resilient Ops, or such third-party that may own the trademark, service mark, logo, slogan or tagline.

4. Ownership

You acknowledge and agrees that the Services and the Content are the valuable and proprietary information of Resilient Ops and Resilient Ops owns and shall retain all right, title and interest (including intellectual property rights) to the Services and the Content, and all intellectual property rights relating thereto, subject to the express licenses granted herein.

5. Termination/Exclusion

You understand that the Site and Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Site and/or Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Site and/or Services for any reason or for no reason whatsoever, including improper use of the Site and/or Services or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Resilient Ops shall not be liable to you or any third party for any termination of your access to the Site and/or Services.

6. Visitor/User suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Resilient Ops (collectively, “Feedback”) are not confidential and you hereby grant to Resilient Ops a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion, unless such display violates your rights under the Privacy Policy.

7. Links to other sites

Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third party websites.

8. Your ability to accept this User Agreement

You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.

9. Disclaimer of warranty

Access to the site and/or services is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, resilient ops disclaims all warranties of any kind, either express or implied, including but not limited to any implied warranties of title, merchantibility, fitness for a particular purpose or non-infringement. Without limiting the foregoing, resilient ops does not warrant that access to the site and/or services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does resilient ops make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the site and/or services, including without limitation the flight information. You expressly agree that your use of the site and/or services, including without limitation the flight information, is at your sole risk. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you. Resilient ops cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of the advice, ideas, flight information, other information, instructions or guidelines accessed through the site and/or services.

10. Limitation of liability

Except where prohibited by law, in no event will resilient ops be liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the site and/or services, including without limitation the flight information, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if resilient ops has been advised of the possibility of such damages. You hereby release resilient ops and hold it and its licensors and suppliers harmless from any and all claims, demands and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the site and/or services, including without limitation the flight information. You waive the provisions of any state or local law limiting or prohibiting a general release. Without limiting the foregoing, in the event of any problem with the site, services, flight information and/or the content, you agree that your sole and exclusive remedy is to cease using the site, services, flight information and/or content.  Notwithstanding the other provisions of these terms of use, if resilient ops is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of our services or the flight information, resilient ops’ liability shall in no event exceed the greater of (i) the total amount paid by you to resilient ops with respect to such services or flight information or (ii) fifty U.S. dollars ($50). Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

11. Indemnification

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless and defend Resilient Ops and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party” ) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Site and/or Services; (ii) your failure to comply with any applicable laws and regulations; and/or (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

12. Modifications to the services and prices

Subscription fees for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Site and/or Services (or any part thereof or Content therein) without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site and/or Services.

13. Errors, inaccuracies, and omissions

Occasionally there may be information on our Site or associated with the Services that contains typographical errors, inaccuracies or omissions that may relate to Flight Information, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Services or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Site or with respect to the Services or on any related website, including without limitation, Flight Information, except as required by law. No specified update or refresh date applied to the Site and/or Services or on any related website should be taken to indicate that all information with respect to the Site and/or Services or on any related website has been modified or updated.

14. Miscellaneous

This User Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement. This User Agreement constitutes the sole agreement between you and Resilient Ops for your use of the Site and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this User Agreement shall bind either you or Resilient Ops. Any of the terms of this User Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this User Agreement or affecting the validity or enforceability of the User Agreement as a whole. Failure to insist on performance of any of the terms of the User Agreement will not operate as a waiver of any subsequent default. No waiver by Resilient Ops of any right under this User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This User Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this User Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement, together with our Privacy Policy constitutes the entire agreement between you and Resilient Ops with respect to use of the Content, Site, Services and/or Flight Information and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Resilient Ops with respect to the Content, Site, Services and/or Flight Information.