Terms of Service

Last Updated: May 26, 2023

En Español

Welcome, and thank you for your interest in Throne Labs, Inc. (“Throne Labs,” “we,” or “us”) and our website at www.thronelabs.co, along with our related websites, networks, applications, Thrones (as defined below), and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Throne Labs regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” SENDING A TEXT TO ENTER A THRONE (AS DEFINED BELOW), OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THRONE LABS’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE AND THRONE LABS’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY THRONE LABS AND BY YOU TO BE BOUND BY THESE TERMS. 

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THRONE LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.)

  1. Throne Service Overview. Throne Labs uses a mobile app (“App”), a tap card (“Tap Card”) and a texting service (“Texting Service”) which may allow you to find and access bathrooms in your area (“Throne(s)”). 

  2. Eligibility.  Regardless of how you access the Service (i.e., whether by App, Tap Card or Texting Service), you represent and warrant to us that: (a) you have not previously been suspended or removed from the Service; and (b) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. Additionally, you expressly acknowledge and agree that access to the Service is restricted to users who are either (i) at least 13 years old, (ii) accompanied by a parent or legal guardian, or (iii) granted access to a Throne directly by a parent or legal guardian. You must be at least 18 years old to use the App to access a Throne.  

  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name and/or phone number . You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register to use the Service via the App, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@thronelabs.co. 

  4. Licenses

    • 4.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Throne Labs grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) if using the App, install and use one object code copy of such App obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) whether via App, Tap Card or Text Service, access and use the Service. 

    • 4.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

    • 4.3 Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Throne Labs an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

  5. Ownership; Proprietary Rights. The Service is owned and operated by Throne Labs. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Throne Labs are protected by intellectual property and other laws. All Materials included in the Service are the property of Throne Labs or its third party licensors. Except as expressly authorized by Throne Labs, you may not make use of the Materials. Throne Labs reserves all rights to the Materials not granted expressly in these Terms.

  6. Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

  7. User Content.

    • 7.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. 

    • 7.2 Limited License Grant to Throne. By providing User Content to or via the Service (including without limitation, by tagging Throne Labs or sharing User Content regarding a Throne on any social media channel), you grant Throne Labs a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense and transfer) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, create derivative works of, commercially exploit, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. 

    • 7.3 User Content Representations and Warranties. Throne Labs disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

      1. a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Throne Labs and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Throne Labs, the Service, and these Terms; 

      2. b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Throne Labs to violate any law or regulation; and

      3. c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

  8. Communications. 

    • 8.1 Consent to Communications. By agreeing to these Terms, you agree to receive communications from us or communications related to the Service or your use of the Thrones at any of the phone numbers provided to Throne Labs by you or on your behalf, including via e-mail, text message, calls, and push notifications. Communications from Throne Labs may include, but are not limited to, operational communications concerning your account or use of the Service, use of Thrones, updates concerning new and existing features of the Service, communications concerning marketing or promotions run by us or our third-party partners, and news concerning Throne Labs. If you change or deactivate the phone number you provided to us, you agree to update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. 

    • 8.2 Text Messaging. Throne Labs and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. You may opt out of receiving marketing text messages at any time by sending an email to support@thronelabs.co indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the texts or by following the instructions contained in the text messages we send you. You acknowledge that opting out of marketing messages may result in your inability to access Thrones via Texting Service and you will need to use a Tap Card or the App if you would like to continue accessing the Services. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.  Operational text messages are essential to the Service. If you do not wish to receive operational text messages from us, do not use the Texting Service. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing text messages is not a condition of any purchase or use of the Service. Standard data and message rates may apply whenever you send or receive such messages (including if you access a Throne via the Texting Service), as specified by your carrier.

    • 8.3 Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page. 

  9. PROHIBITED CONDUCT. BY USING THE SERVICE, YOU UNDERSTAND THAT USE OF THE SERVICES IN VIOLATION OF THESE TERMS MAY RESULT IN YOUR BEING TEMPORARILY OR PERMANENTLY BANNED FROM THE SERVICES, IN EACH CASE IN THRONE LABS’S SOLE AND FINAL DISCRETION, AND YOU AGREE NOT TO:     

    • a) Use any Throne for anything other than its intended purpose. For avoidance of doubt, prohibited actions include bathing, washing clothing or other objects, dumping solid or liquid waste, illegal drug use, smoking, vaping, sexual acts, and sleeping;

    • b) Violate any rules of the private property upon which Throne is located, including without limitation parking regulations, or prohibitions on loitering;

    • c) Intentionally or negligently cause damage to the inside or outside of the Throne, whether permanent or temporary, including graffiti, misplaced waste, tipping, vehicle damage, tampering with hardwire, wiring or fixtures, etc.;

    • d) Grant simultaneous or subsequent access to anyone other than you, with the following exceptions: immediate family members, children under the age of 18 in the user’s care or individuals accompanying the user for medical or functional reasons; 

    • e) Occupy a Throne for a period longer than allowed and refuse to leave when exit is requested by the property owner, Throne Labs staff, representatives of Throne Labs, or law enforcement;

    • f) Repeatedly leave units dirtier than found;

    • g) Remove or excessively use paper goods, soap, water, and other items provided within the Throne;

    • h) Take unsafe actions that put oneself or others at risk including climbing on the outside or inside of Thrones, putting one’s body in harm’s way by putting limbs or body in the way of the door;

    • i) Manipulate, alter, remove, or otherwise tamper with internal or external signage;

    • j) Tampering with internal or external hatches, tanks, solar panels, or compartments and their contents, unless directed by Throne personnel;

    • k) Enter with pets, except certified service animals;

    • l) Encroach on the privacy of other Throne users by knocking, yelling, or otherwise engaging with other Throne users;

    • m) Use the Throne or Service for any illegal purpose or in violation of any local, state, national, or international law;

    • n) Use the Service or App to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

    • o) Interfere with security-related features of the Service or App, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

    • p) Interfere with the operation of the App or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

    • q) Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;

    • r) Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; 

    • s) Harass, bully, use abusive language towards or otherwise engage in intolerant, abusive or harmful behavior towards any Throne Labs staff, customer service member, employee or agent; or

    • t) Attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 10.

  10. Modification of these Terms. We may, from time to time, change these Terms. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.  Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. By using the Services after the effective date of such modified Terms, you are agreeing to, and your use of the Services will be subject to, such modified Terms.  If you do not agree to the modified Terms, you may terminate your account prior to the effective date of the revised Terms by contacting support@thronelabs.co to terminate your account, and, if you have prepaid for any Services, request a pro rata refund for the remainder of your prepaid subscription. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  11. Term, Termination and Modification of the Service

    • 11.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.

    • 11.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Throne Labs may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at support@thronelabs.co. 

    • 11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) all payment obligations accrued prior to termination and Sections 5, 6, 7, 12, 13, 14, 15, and 17 will survive. 

    • 11.4 Modification of the Service. Throne Labs reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Throne will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

  12. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Throne Labs and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Throne Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  13. Disclaimers; No Warranties

    Although Throne Labs strives to provide clean, working, and stocked Thrones for your use, Throne Labs cannot guarantee, and makes no representations and warranties, that all thrones will be in clean and working order. Please contact support@thronelabs.co if you encounter a Throne that needs our attention.

    THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THRONE LABS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THRONE LABS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THRONE LABS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THRONE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE THRONE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

    THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Throne Labs does not disclaim any warranty or other right that Throne Labs is prohibited from disclaiming under applicable law.

  14. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE THRONE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY THRONE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    EXCEPT AS PROVIDED IN SECTION 16.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE THRONE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  15. Dispute Resolution and Arbitration 

    • 15.1 Generally. In the interest of resolving disputes between you and Throne Labs in the most expedient and cost effective manner, and except as described in Section 16.2 and 16.3, you and Throne Labs agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THRONE LABS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

    • 15.2 Exceptions. Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

    • 15.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 16 within 30 days after the date that you agree to these Terms by sending a letter to Throne Labs, Inc., Attention: Legal Department – Arbitration Opt-Out, 3415 Windom Rd. Brentwood, MD 20722 that specifies: your full legal name, the email address or phone number associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Throne Labs receives your Opt-Out Notice, this Section 16 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice. 

    • 15.3 Arbitrator. Any arbitration between you and Throne Labs will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Throne. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

    • 15.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Throne’s address for Notice is: Throne Labs, Inc., 3415 Windom Rd. Brentwood, MD 20722. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Throne Labs may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Throne Labs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Throne Labs in settlement of the dispute prior to the award, Throne Labs will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. 

    • 15.5 Fees. If you commence arbitration in accordance with these Terms, Throne Labs will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Albemarle County, Virginia, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Throne Labs for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

    • 15.6 No Class Actions. YOU AND THRONE LABS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Throne Labs agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    • 15.7 Modifications to this Arbitration Provision. If Throne Labs makes any future change to this arbitration provision, other than a change to Throne’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Throne’s address for Notice of Arbitration, in which case your account with Throne Labs will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

    • 15.8 Enforceability. If Section 16.7 or the entirety of this Section 16 is found to be unenforceable, or if Throne Labs receives an Opt-Out Notice from you, then the entirety of this Section 16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.

  16. Miscellaneous

    • 16.1 General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Throne Labs regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    • 16.2 Governing Law. These Terms are governed by the laws of the State of Virginia without regard to conflict of law principles. You and Throne Labs submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Albemarle County, Virginia for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Virginia, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    • 16.3 Privacy Policy. Please read the Throne Privacy Policy www.thronelabs.co/privacy-policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Throne Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    • 16.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    • 16.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    • 16.6 Contact Information. The Service is offered by Throne Labs, Inc., located at 3415 Windom Rd, Brentwood, MD 20722. You may contact us by sending correspondence to that address or by emailing us at support@thronelabs.co.

    • 16.7 Notice to California Residents. If you are a California resident, under 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 telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    • 16.8 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    • 16.9 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

  17. Notice Regarding Apple. This Section 17 only applies to the extent you are using our App on an iOS device. You acknowledge that these Terms are between you and Throne Labs only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.