By accessing and using the Services through the Software or Website, or downloading and installing the Software, you agree to comply with and be bound by this Agreement, whether you are a "Visitor" (which means that you have not registered with us or set up a wefi Profile) or you are a "wefi Member" (which means that you have registered with us and set up a wefi Profile either through the Software or the Website to become a member of the wefi community). The term "User" refers to a Visitor or a wefi Member.
In order to participate in our Services, you have to either download and execute the Software to set up a Services profile, or create such a Services profile by registering on the Website (each, a "wefi Profile"), and you may be required to download content and/or agree to additional terms and conditions. BY INSTALLING OR USING THE SOFTWARE, (1) YOU ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT YOU SHOULD DISCONTINUE THE DOWNLOAD AND USE OF THE SOFTWARE.
If you sign up for additional services that are governed by additional terms and conditions, we will inform you accordingly before you actually sign up. Such additional services will be governed by the additional terms and, unless otherwise provided by such additional terms and conditions, they are hereby incorporated into this Agreement by reference. We reserve the right to modify and update this Agreement at any time provided that we give notice to you of any changes via email and/or by posting the amended Agreement on the Website. Such modifications and updates shall be effective upon your first use of the Services after we notify you and make the amended Agreement available for your review. If at any point you do not agree to this Agreement or any changes or updates to this Agreement, your only remedy is not to use the Services and/or Software and/or to cancel any accounts that you may have established to access the Services and/or the Software. Your continued use of the Services or the Software after your receipt of notice that a change or update has been made to this Agreement will constitute your acceptance of such change or update.
Your wefi Account
When you register for a wefi Profile, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. The information is used to identify you as a unique User of the Services. In the event that we learn that you have provided us with false or misleading information, we may immediately, without notice, terminate your wefi Profile. The registration process cannot be completed by anyone under the age of 13.
During the registration process, you may be asked to create a unique wefi Profile name and a password that are specific to your wefi Profile. You may not use a wefi Profile name that is used by someone else, is vulgar or otherwise offensive (as determined by wefi), infringes any trademark or other proprietary rights of others, or is used in any way that violates this Agreement, codes of conduct or posted rules, instructions or guidelines regarding the Services and/or the Software. You are entirely responsible for maintaining the confidentiality of your wefi Profile information (including account names and passwords). Furthermore, you are entirely responsible for any activity that occurs under your wefi Profile. You agree to notify us immediately of any unauthorized use or theft of your wefi Profile or any other breach of security (and to provide properly documented evidence as reasonably requested by wefi). wefi will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you will be liable for losses incurred by wefi or another party due to someone else using your wefi Profile. You may not use anyone else’s wefi Profile at any time. Your wefi Profile is personal to you and you may not transfer to make available your wefi Profile to others.
You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your wefi Profile. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
You may review, correct, update and/or delete your information and end your membership at any time, for any reason by following the instructions on the "My wefi Profile" webpage. We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your wefi Profile. You understand that termination of this Agreement and your wefi Profile may involve deletion of your wefi Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your wefi Profile or related deletion of you information.
Charges and Billing
- 2.1 General
Wefi may charge subscription or other fees to access certain Services. You must be the age of majority in your place of residence (e.g., 18 years of age in the United States) or older to make any such purchase. You must have an account and pay the subscription or other fees to participate in these subscription or fee-based Services. If you must pay a subscription or other fee to access a wefi Service, this information will be posted on the Website established for such wefi Service or the distribution of such wefi Service. YOUR FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. Wefi reserves the right to deny you further access to the Software, any applicable Website or Services if a payment is not received. You agree to reimburse wefi for all costs and expenses incurred by wefi in connection with the collection of payments, including bank or service charges and attorney fees, if any.
If your use of the Services is subject to use or sales tax, then wefi may also charge you for any such taxes, in addition to other applicable fees. Unless otherwise indicated, the prices do not include Internet service provider, telecommunications (such as mobile device data transfer), or other connection charges.
- 2.2 No Purchase by Minors
By purchasing a wefi Service, you represent that you are at least the age of majority in your place of residence (e.g., 18 years of age in the United States). If a child under the age of majority in the child’s place of residence purchases a wefi Service without parental or guardian permission, then the parent or guardian may return the purchase for a refund according to the posted returns and exchanges policy that relate to that order.
- 2.3 Credit Card
In some cases, it may be possible for you to use a credit, charge or debit card (each referred to herein as "Credit/Debit Cards") to pay for your purchases. When you provide Credit/Debit Card information to wefi (or its designated licensees or subcontractors), you represent and warrant to wefi that you are the authorized user of the Credit/Debit Card that is used to pay subscription charges or other fees. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.
- 2.4 Fees Charged by Third-Party Sites
We may provide links to other web sites or services. Some of these web sites or services may charge separate fees, which are not included in any subscription or other fees that you may pay to Wefi. wefi may also provide access to third-party vendors who provide content, goods or services on the Website, wefi Services or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. wefi makes no representation or warranty regarding any content, goods or services provided by any third-party even if linked from the Website or the wefi Services and/or the Software.
- 2.5 Carrier Charges.
You acknowledge that (i) the Software will facilitate the exchange of information to and from your mobile device using both wi-fi signals as well as cellular wireless standards (e.g. 2G/3G/4G) and (ii) wefi and/or its service partners reserve the right to change how you connect, and stay connected, to Access Point through the Software utilizing the Software’s proprietary decision making algorithms, which in turn may result in your connection changing to and from wi-fi and available cellular wireless standards, including, without, limitation, roaming onto various carrier networks. When using the Software, you may be subject to, and wefi is not responsible for, your mobile carrier's roaming, access, airtime minutes and surcharges associated with your mobile carrier and applicable data plan. You are solely liable for any applicable carrier charges and must consult your carrier for such information. Wefi recommends that you confirm that you have an unlimited mobile-data plan with your mobile carrier before accessing and using the Software.
- 3.1 Software License.
Subject to the terms of this Agreement and limited to the duration of Term and as designated on the webpage where you downloaded the Software, we grant you a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, worldwide right and license to install one (1) copy of the Software on one (1) computer or mobile device, as applicable, in executable object code format only, solely for your own private use or internal business operations. The Software is licensed, not sold, for your use. Your license confers no title or ownership in the Software and should not be construed as any sale of any rights in the Software.
During the Term, we may, in our sole discretion, notify you, either by sending you an e-mail or by a notice on the wefi website, that we have released an updated version of the Software. Upon your receipt of such notification, you agree to download the updated version of the Software and to use such version instead of the prior version. Any updated version of the Software will be considered "Software" for purposes of this Agreement.
- 3.2 Proprietary Rights
The Software is licensed, not sold. We and our licensors retain exclusive ownership of all worldwide copyrights, trade secrets, patents, and all other intellectual property rights (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Software) throughout the world and all applications and registrations therefore, in and to the Software, any full or partial copies thereof, including any additions or modifications thereto and any accompanying materials, electronic or otherwise. This Agreement grants you no right to use such content other than as part of the Software. The Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. You acknowledge that, except for the limited license rights expressly provided in this Agreement, no right, title, or interest to the intellectual property in the wefi Software is provided to you, and that you do not obtain any rights, express or implied, in the Software. All rights in and to the Software not expressly granted to you in this Agreement are expressly reserved to us and our licensors. The Software may contain certain licensed materials and wefi’s licensors may act to protect their rights in the event of any violation of this Agreement.
- 3.3 Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the Software available to any third party; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software; (c) You shall not access the Software in order to build a similar or competitive product or service or to publish any performance or benchmark test or analyses relating to the Software; (d) and except as expressly stated herein, no part of the Software may be copied, reproduced, distributed, republished, downloaded, displayed, translated, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means. You may not separate the component parts of the Software for use on more than one (1) computer or mobile device, as applicable. You shall be solely responsible for the storage of any and all data and information with respect to the Software. It is your sole responsibility to back-up to another secure location, on a regular basis, any data files concerning your use of the Software. wefi is in no way responsible for protecting and/or backing-up such information and shall have no liability for lost or corrupt data.
- 3.4 U.S. Government Restricted Rights
The Software and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Manufacturer is wefi, Inc., 2551 Dulles View, Drive, Herndon, VA, 20171.
- 3.5 Sharing of Access Points.
When you decide to share an Access Point using the wefi Service, you enable other end users of the Software and grant them the right, to access and use such shared Access Point in connection with their use of the Software. You hereby represent and warrant that (a) you have full authority to grant such access and use rights to any Access Point that you share; (b) your sharing of an Access Point will not breach any agreement or violate any law or regulation or proprietary rights of others, and you agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your sharing of an Access Point. An "Access Point" means a computer network device that is used to establish an online connection, such as, but not limited to, a wireless router (Wi-Fi router).
- 3.6 Access Points, Network Information & Third Party Applications
You acknowledge and agree that when you use the Software, wefi (i) may collect information about the computer or mobile device on which the Software is executed and the Access Points that you are using to establish an online connection, including without limitation, the hardware address of its network adapter, the names (SSIDs) of the Access Points, applicable cell network information, location and identification of the Access Points, connection status, speed and duration, access control methods, device screen state, application state (background, foreground) application user experience and data consumption; (ii) may collect and store information about the computer or mobile device’s data communication session including, without limitation, location based data (GPS pinpoint or cell-ID), time stamps and length of the session and unique user and device identifiers, provided, however, wefi shall not collect or store any information concerning the content of any such communication sessions. By using the Software to connect to any Access Point, you represent and warrant that (i) you have the necessary consent and authority to connect to such Access Point and to permit the sharing of data related to such Access Points retained by the Software; and (ii) you consent to the terms and conditions for the access and usage of such Access Point required by the owner or provider thereof. Additionally, by using the Software you consent to wefi analyzing, extracting, compiling and aggregating the data that wefi captures and stores, the results of which shall be solely owned by wefi and may be used by wefi for any lawful business purpose (including, without limitation, providing it to our business partners and third-parties and using it to improve the Software and wefi’s Service) without additional consent from you, provided that such data is used without specifically identifying the source.
- 3.7 Feedback
In the event that you provide us with feedback ("Feedback") regarding the use, operation or functionality of the Software, including but not limited to information about operating results, known or suspected bugs, errors or compatibility problems, or desired features, you hereby assign to us all rights in the Feedback. You acknowledge and agree that all Feedback is the sole and exclusive property of wefi and may be used by wefi (or its affiliates, publishing partners, distributors, licensors and licensees) for any purpose. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of your Feedback, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to wefi all of your right, title and interest in and to the Feedback, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to wefi the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, enter into computer memory, and use and practice the Feedback all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
- 3.8 User Content
By "Content," we mean any and all communications, postings, messages, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials and information that you post or otherwise make available on the Services, whether provided by wefi or by Users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Services. Our representatives shall have the right, but not the obligation, to monitor Content on the Services. But we cannot monitor or prescreen all of the Content on the Services, and we do not attempt to do so. If you encounter something you find objectionable and in violation of this Agreement, you can report it to us by e-mailing us at: firstname.lastname@example.org. We do not endorse, approve, or prescreen any Content that you or other third parties communicate on the Services. We do not assume any responsibility or liability for Content that is generated by Users of the Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Services. We do not control the quality, accuracy or content of any translated versions of the Services.
Wefi and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on any Services. Without limiting the foregoing, wefi and its designees shall have the right in their sole discretion to remove any Content that is in violation of the provisions hereof or otherwise objectionable or, in wefi’s reasonable business judgment, should be removed by wefi.
You acknowledge and agree that wefi shall have the right to and may use built-in tracking features to obtain information regarding your use of the Services, and agree that such information is deemed to be Content for all purposes under this Agreement.
You agree that you may upload or otherwise transmit on or through the Services only Content that is not subject to any proprietary third-party rights, or Content in which any holder of proprietary rights has given express authorization for distribution on the Services. We do not claim ownership in any Content, but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, sublicensable, transferable, fully-paid and royalty-free, license to reproduce, use, copy, perform, display, modify, create derivative works of, manufacture, introduce into circulation, publish, sell, license, sublicense and distribute such Content in any and all media (now known or later developed) throughout the world. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein.
- 4.1 Term
The term of this Agreement shall commence upon your acceptance of the terms of this Agreement through your first use of the Services or your installation or first use of the Software and shall continue until terminated (the "Term").
- 4.2 Termination
We may terminate this Agreement at any time, with or without cause. You may terminate this Agreement at any time, with or without cause by sending either an e-mail to email@example.com with your name and the subject "REMOVE"" or a letter by United States mail to: wefi, Inc., 2551 Dulles View Drive, Herndon, VA, 20171, or to such other address as we may specify in writing by posting the new address on the wefi website. Upon expiration or termination, the license granted hereunder shall terminate and you shall immediately destroy any copies of the Software in your possession, but the terms of this Agreement which are intended to survive termination will remain in effect.
Acceptable Use and Conduct
- 5.1 No Illegal Use of Network Services
The Services are provided to you to enable your use of free, open Wi-Fi networks and your communication with friends and other wefi Members through the Services. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in this Agreement. You may not use the Services in any manner that could damage, disable, overburden, disrupt, or impair any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, wefi Profiles, computer systems or networks connected to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You are solely responsible for any activities conducted by you while connected to any Wi-Fi network mapped by use of the Services. The Services are not to be used for making unauthorized connections to private Wi-Fi networks or for hacking. Use of other people’s private networks is prohibited by law and you accept all liability for any such use and shall defend and indemnify wefi in connection therewith. You are solely responsible for any and all Content that is posted, published or displayed by or through your wefi Profile on the Services, including any e-mail and use of any publicly available sections of the Services, and for your interactions with other wefi Members.
The Services may contain e-mail services, bulletin board services, forums, communities or other message or communication facilities designed to enable you to communicate and interact with other wefi Members (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Services. We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in our sole discretion. We reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that postings and other communications by wefi Members are not controlled or endorsed by wefi, and such communications shall not be considered reviewed, screened or approved by wefi. Statements made in postings, forums, bulletin boards and other Communication Services reflect only the views of their authors. wefi specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
You acknowledge and agree that your communications with other Users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, WE STRONGLY ENCOURAGE YOU NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOURSELF THROUGH THE COMMUNICATIONS SERVICES. We are not responsible for information that you choose to communicate to other Users via the Communications Services, or for the actions of other Users.
We reserve the right at all times to disclose any Content found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such Content, in whole or in part, in our sole discretion.
- 5.2 Other Prohibited Uses
You may not use the Services for any illegal or unauthorized purpose. International wefi Members agree to comply with all local laws regarding online conduct and acceptable conduct. You must not abuse, harass, threaten, impersonate or intimidate other wefi Members and the location-based community Services must not be used for purposes of stalking or harassing other wefi Members. You are solely responsible for your conduct and any content that you submit, post or display on the Services. You must not create or submit unwanted e-mail or spam to any wefi Members and you must not, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to, theft of services or copyright laws).
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell the Services (including, without limitation, your wefi Account, information, Software, products or services obtained from the Services) without the express written consent of wefi. You hereby acknowledge and agree that you have no proprietary interest in any wefi Profile or the Services. The Services are for your personal and non-commercial use. You may not sell or commercialize the Services for profit.
Any use of the Services in violation of this Agreement may result in, among other things, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, wefi Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
Code of Conduct
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services in order to:
Conduct or send pyramid schemes, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
Use, upload, transmit, distribute or otherwise make available any Content, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
Post Content that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other Users' computer or mobile device;
Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Software or other Content;
Restrict or inhibit any other User from using and enjoying the Services. For example, use of vulgar language, abusiveness, "spamming" are prohibited;
Intentionally or unintentionally violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services;
Impersonate or create a false identity (such as a celebrity or wefi representative) for the purpose of misleading others, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or other User or usage information or any portion thereof;
Attempt to get a password, other wefi Profile information, or other private information from a member or any other User of the Services;
Improperly use support or false reports to wefi representatives;
Use the Services and/or the Software to resell or make any commercial use of the Services and/or the Software, or otherwise commercially exploit the same, without the prior express written consent of wefi or its licensors or partners, as applicable; or
Use the Services for fraudulent transactions or other commercial transactions prohibited by this Agreement.
You agree to immediately inform us at firstname.lastname@example.org when you discover any exploit or other unintended advantage in using the Services.
Third-Party Websites and Partner Communities
The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect the wefi Community Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. We are not responsible for the content, business practices or privacy policies, or for the collection, use or disclosure of any information that the Third-Party Websites and Partner Communities may collect. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Some of the Third-Party Websites may charge fees or provide content, goods or services. Any separate charges or obligations you incur in your dealings with these Third-Party Websites are your responsibility. We make no representation or warranty regarding any content, goods or services provided by any Third-Party Websites even if linked from the Services.
The Services, including, without limitation, all Software, contain copyrighted material, trademarks and other proprietary information. You acknowledge that wefi or third-party licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all Services and Software, and derivative works thereof, and that you do not acquire any of those ownership rights by accessing or using such Services and/or Software.
We respect the intellectual property of others and expect Users of the Services and/or the Software to do the same. It is our policy to comply with all relevant copyright laws. We will review all claims of copyright infringement received and remove Content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
A description of the copyrighted work(s) that is/are allegedly being infringed;
A description of the infringing material and information reasonably sufficient to permit wefi to locate the material;
Your current contact information, including your address, telephone number, and email;
A statement by you that you have a "good faith belief" that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you under penalty of perjury that the information in the notification is accurate, and under the pains and penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
2551 Dulles View Drive, Herndon, VA, 20171
We are not responsible for any unauthorized access to wireless access spots mapped using the Software or by wefi Members; incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by wefi Members or Visitors or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any wefi Member or Visitor while using the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any network or any network communications. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or wefi Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services and/or the Software or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WEFI DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED, OR ERROR-FREE. WEFI AND ITS LICENSORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE SOFTWARE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. WEFI AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY WEFI, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT’S OWN ERRORS AND/OR OMISSIONS. YOU ASSUME ALL RISKS ASSOCIATED WITH THE SOFTWARE. WIRELESS INTERNET ACCESS PRESENTS CHALLENGES FOR PROTECTING YOUR INFORMATION FROM ILLEGAL DATA INTERCEPTION BY THIRD PARTIES. YOU SHOULD CONSULT WITH A COMPUTER TECHNICIAN TO ENSURE YOUR COMPUTER OR MOBILE DEVICE IS CONFIGURED CORRECTLY FOR SECURE WIRELESS ACCESS TO THE INTERNET AND THAT YOU HAVE THE LATEST SECURITY SOFTWARE AND HARDWARE INSTALLED. IN NO EVENT WILL WEFI BE OBLIGATED, CONTRACTUALLY OR OTHERWISE, TO INDEMNIFY YOU, OR OTHERWISE REIMBURSE YOU, FOR ANY LOSSES THAT YOU MAY INCUR IN CONNECTION WITH THE SOFTWARE OR THE SITES YOU MAY VISIT AND PRODUCTS YOU MAY USE WHEN CONNECTED TO AN ACCESS POINT THROUGH THE SOFTWARE. Neither wefi nor its parent, subsidiaries, affiliates, licensors, suppliers and/or subcontractors are responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability. You are responsible for assessing your own computer or mobile device, as applicable, and the results to be obtained therefrom. The entire risk arising out of use or performance of the Software remains with you.
The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than for use by a business. The limitations or exclusions of warranties and remedies contained in this Agreement shall apply to you only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
Limitation on Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH WEFI IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES AND/OR THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, (I) WITH RESPECT TO THE SERVICES, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50); AND (II) WITH RESPECT TO THE SOFTWARE, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE (IF ANY) DURING THE TERM. 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.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT PUBLISHED ON THE SERVICES FOR ANY PURPOSE. THE CONTENT PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE IMPROVEMENTS OR CHANGES IN THE SERVICES, SOFTWARE OR CONTENT DESCRIBED IN THIS AGREEMENT AT ANY TIME.
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between us and you. We would not be able to provide the Services or the Software on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of our suppliers.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
- 13.1 Export
The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold us harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
- 13.2 Equitable Remedies
You hereby agree that wefi would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that wefi shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as wefi may otherwise have available to it under applicable laws
- 13.3 Indemnity
At our request, you agree to defend, indemnify and hold harmless wefi, its affiliates and licensors from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from your acts and omissions to act in using the Services and/or the Software pursuant to the terms of this Agreement or any breach of this Agreement by you.
- 13.4 Governing Law and Arbitration
This Agreement shall be governed by the laws of the State of Delaware without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. If you would like more information about the Commercial Arbitration Rules of the American Arbitration Association, please click here http://www.adr.org/sp.asp?id=22440. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitrator and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. THE ARBITRATOR(S) SHALL NOT HAVE THE AUTHORITY, POWER, OR RIGHT TO ALTER, CHANGE, AMEND, MODIFY, ADD, OR SUBTRACT FROM ANY PROVISION OF THIS AGREEMENT OR TO AWARD PUNITIVE DAMAGES. THE ARBITRATOR SHALL HAVE THE POWER TO ISSUE MANDATORY ORDERS AND RESTRAINING ORDERS IN CONNECTION WITH THE ARBITRATION. THE AWARD RENDERED BY THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION. DURING THE CONTINUANCE OF ANY ARBITRATION PROCEEDING, THE PARTIES SHALL CONTINUE TO PERFORM THEIR RESPECTIVE OBLIGATIONS UNDER THESE TERMS OF SERVICE AND ANY APPLICABLE LICENSE AGREEMENT, WHICH ARE NOT AFFECTED BY THE DISPUTE. You agree that notwithstanding anything to the contrary contained herein, in the event wefi wishes to pursue injunctive or other equitable relief, it may do so in a court of competent jurisdiction in New York, and you agree to submit to the personal jurisdiction of any such court.
- 13.5 Other
You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment or transfer shall be void and without effect. Wefi’s failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by wefi of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of wefi shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of wefi. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event that any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect. Any notice to you may be provided by e-mail. In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
This Agreement constitutes the entire agreement between you and us regarding the use of the Services and/or the Software. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement by e-mailing us at: email@example.com
Copyright/Trademark Information. Copyright© 2006 -2015, wefi, Inc. All rights reserved. The trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.