SpotWiFi End User License
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD, INSTALL, OR USE THE APPLICATION.
This Application is available only to individuals aged 13 years or older. If you are 13 or older but not of legal age to enter into a contract, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
As used herein, "Application" also includes, without limitation, any services specific to the Application provided by SpotWiFi, software code, scripts, interfaces, graphics, displays, text, images, artwork, documentation and other components or content and any updates, modifications or enhancements to these items accompanying the Application or this License. “Device” shall mean a device owned and controlled by you.
1. The Application
(a) The Application provides the ability for you to suspend the Application. In “Preferences” within the “Settings” menu, there is an option called “Manage Wi-Fi Radio”. Please select “No, let me do it” to suspend the Application. You may also uninstall and remove the Application from your Device if you do not wish to use the Application.
(c) You acknowledge and agree that you will be solely responsible for complying with any applicable Wi-Fi Hotspot Terms, including posted placards, at all Wi-Fi hotspots your Device connects to through the Application. You further acknowledge and agree that it may not be possible to view the Wi-Fi Hotspot Terms or avoid accepting them at Wi-Fi hotspots at the time of making the connection through the Application. If you do not agree with the Application’s process of accepting Wi-Fi Hotspot Terms, then you must suspend the Application by the selecting the “No, let me do it” option referred to in Section 1(a) or uninstall and remove the Application from your Device.
(d) The Application will not record or share any security passwords or credentials you may be using to access Wi-Fi hotspots.
(e) You are solely responsible for any and all activity undertaken while connected to any Wi-Fi hotspot through the Application and agree to indemnify SpotWiFi for any violations, claims, damages, fines, suits, or allegations associated therewith.
2. License Grant and Use Restrictions
(a) So long as you are in compliance with this License Agreement, SpotWiFi grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single Device, and to access and use the Application on such Device solely for your personal use, strictly in accordance with the terms and conditions of this License and all applicable local, national, and international laws and regulations. You represent, warrant, and agree that you are using the Application solely for your own personal use and not for redistribution or transfer of any kind.
(b) You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that you download, install, or use on your Device), and all copyrights, patents, patents pending, trademarks, trade secrets, and other intellectual property rights associated therewith are, and shall remain, the property of SpotWiFi. Furthermore, you acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure, and organization of the Application are the intellectual property and proprietary and confidential information of SpotWiFi. Title to the Application shall remain with SpotWiFi. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Application by implication, estoppels, or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by SpotWiFi.
(c) You may not, and you agree not to or enable others to, (i) copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Application or any services provided by the Application or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open-source components that may be included with the Application); (ii) violate any applicable local, national, or international laws, rules, or regulations in connection with your access or use of the Application; (iii) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of SpotWiFi; (iv) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended; (v) install, use, or permit the Application to exist on more than one Device at a time or on any other mobile device or computer without first specifically accepting the License Agreement for each of those devices; (vi) use the Application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for any service, product, or software offered by SpotWiFi; (vii) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (viii) use any proprietary information or interfaces of SpotWiFi or other intellectual property of SpotWiFi in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Application; (ix) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device; or (x) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publish, publicly display, make available to third parties, transfer, or circulate the Application.
(d) Your use of the Application also may be governed by third party terms and conditions and agreements (“Third Party Agreements”), including, but not limited to, any applicable third party content and service providers and the manufacturer and other providers of your Device and its hardware and software components, including its operating system. No Third Party Agreement, however, shall have the effect of limiting, encumbering, or otherwise restricting SpotWiFi's rights and remedies or your obligations under this License, or waiving any restrictions on your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting SpotWiFi's rights and remedies or your obligations under any Third Party Agreement between you and SpotWiFi, or waiving any restrictions on your rights under any Third Party Agreement between you and SpotWiFi.
(e) You agree to abide by the rules and policies established from time to time by SpotWiFi. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application, and obtaining available patches to address security, interoperability, or performance issues. If SpotWiFi makes any updates or upgrades to the Application available to you, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to you under other or additional terms and conditions, in which case those other or additional terms and conditions shall apply.
3. No Transfer
You may not rent, lease, lend, sublicense, assign, or transfer the Application, this License, or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. SpotWiFi may assign this License without restriction.
4. Consent to Use of Data and Information
(a) The Application accesses and uses your location information (“Location Information”) to collect Wi-Fi hotspot locations, determine your proximity to an available Wi-Fi hotspot so that it can initiate a connection, and audit and authenticate records for possible dispute resolution between SpotWiFi and service providers. By using this Application, you agree that SpotWiFi may collect and use your Location Information. SpotWiFi does not retain your Location Information longer than is reasonably necessary for such use. SpotWiFi may also use Location Information, after removing or obscuring any of your personally identifiable information, for other purposes, including, without limitation, to store the location of an available Wi-Fi hotspot which your Device previously detected, to report usage, or to maintain and improve the Application. This notice will serve as your sole notice that the Application may collect your Location Information, and you may not receive any reminders or further notice.
(b) You acknowledge and agree that SpotWiFi may collect, use, and analyze data and information generated by your installation and use of the Application including, but not limited to, device identifiers, including your phone number (MDN), device type, the amount of data used, your Location Information, as well as the service set identifiers (SSID and BSSID), MAC address, and performance of Wi-Fi networks you use. This data will be used to better understand consumer Wi-Fi usage patterns, network performance, and locations. SpotWiFi will not disclose any personally identifiable information about you to any third parties except in conjunction with authorizing access to Wi-Fi hotspots or providing invoices and records for billing purposes for any use of Wi-Fi hotspots in cases where SpotWiFi or any other third party has agreed to pay a fee for providing access to specific Wi-Fi hotspots to you.
(c) You acknowledge and agree that SpotWiFi reserves the right to disclose any information about you to government or law enforcement officials or private parties as SpotWiFi, in SpotWiFi’s sole discretion, believes necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect SpotWiFi’s property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity SpotWiFi considers to be illegal or unethical.
5. Third Party Network Security and Materials
(a) You acknowledge and agree that your communications sent over the Internet or Wi-Fi networks are only secure if you are using a specific communication protocol intended for securing such communications.
(b) You acknowledge and agree that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content collaborators, marketing agents, vendors, and other third parties ("Third Party Materials").
(c) SpotWiFi makes no representation that Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. You acknowledge and agree that the provision of access to any Third Party Materials shall not constitute or imply any endorsement by SpotWiFi of such Third Party Materials. You further acknowledge and agree that SpotWiFi is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of Third Party Materials. Access to Third Party Materials is provided solely as a convenience to you. SpotWiFi reserves the right to change, suspend, remove, or disable access to any Third Party Materials at any time without notice. In no event will SpotWiFi be liable for the removal of or disabling of access to any such Third Party Materials. SpotWiFi may also impose limits on the use of or access to certain Third Party Materials, in any case and without notice or liability.
(d) You acknowledge and agree that your access to and use of any Third Party Materials while using the Application are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein. You assume all risks arising out of your use of Third Party Materials, and you agree that SpotWiFi shall have no liability to you arising out of or in connection with your access to and use of the Third Party Materials. Furthermore, you acknowledge and agree that this License does not grant you any license to (i) the Third Party Materials; (ii) any products, services, processes, or technology described in or offered by the Third Party Materials; or (iii) any copyright, trademark, patent, or other intellectual property right in the Third Party Materials or any products, services, processes, or technology described or offered therein. You agree that you will not use Third Party Materials in a manner that would infringe or violate the rights of any other party, and that SpotWiFi is not in any way responsible for any such use by you.
(e) You understand that by using any Third Party Materials you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to access and use Third Party Materials at your sole risk and that SpotWiFi shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
6. Open Source Software
The Application may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms, and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.
7. User-Submitted Content
(a) The Application contains features that allow you to submit, post, or display content through the Application. You may not use or allow others to use the Application, directly or indirectly through your Device or wireless number, nor upload, distribute, transmit, communicate, link to, publish, or access any data, information, or material through, using, or otherwise in connection with the Application, that (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable, or offensive, discriminatory, or abusive; (b) violates any law or regulation or the rights of others; or (c) infringes any copyright, trademark, or other intellectual property right, or any proprietary, personal rights, or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use, and conduct. This means that you, and not SpotWiFi, are entirely responsible for all content that you provide via the Application. SpotWiFi reserves the right to filter, edit, or control the user-submitted content posted via the Application and does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will SpotWiFi be liable in any way for any user-submitted content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, transmitted, or otherwise made available via the Application.
(b) If you provide content through the Application or any suggestions or ideas for improvement or modification of the Application, its functions, or information it provides through any communication ("User Content"), you grant SpotWiFi an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content for any commercial purpose in SpotWiFi’s discretion, including, without limitation, in any media whatsoever now known or later invented throughout the world. You hereby disclaim any right to any compensation from SpotWiFi in connection with SpotWiFi’s exercise of its license rights in and to the User Content you have submitted to SpotWiFi. You acknowledge and agree that SpotWiFi is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By submitting the User Content, you represent and warrant that you own or otherwise control all necessary rights, consents, and permissions to your User Content necessary to submit such material and to grant SpotWiFi all the license rights granted herein.
This License shall be effective until terminated. You may terminate this License at any time by uninstalling the Application. SpotWiFi may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by SpotWiFi. Upon the termination of this License by SpotWiFi, you shall cease all use of and uninstall the Application. SpotWiFi may, without notice to you, disable the Application. SpotWiFi will not be liable to you or any third party for compensation, indemnity, or damages of any sort as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy SpotWiFi may have, now or in the future.
9. Disclaimer of Warranties
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN, OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY MATERIALS ACCESSED THEREBY IS AT YOUR SOLE RISK.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPOTWIFI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND THIRD PARTY MATERIALS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(c) THE APPLICATION SHOULD NOT BE RELIED ON FOR CRITICAL USES. THE APPLICATION USES RADIO TRANSMISSIONS, SO YOU MAY NOT BE ABLE TO USE THE WI-FI HOTSPOTS IF YOUR DEVICE IS NOT WITHIN RANGE OF AN AVAILABLE WI-FI HOTSPOT. EVEN WITHIN A COVERAGE AREA, THERE ARE MANY FACTORS THAT MAY IMPACT AVAILABILITY AND QUALITY OF THE WIFI SERVICE, INCLUDING, BUT NOT LIMITED TO, NETWORK CAPACITY, TERRAIN, TREES, PLACEMENT OF BUILDINGS AND THE CHARACTERISTICS OF YOUR DEVICE AND ANY DEVICE TO WHICH IT IS ATTACHED.
(d) SPOTWIFI MAKES NO WARRANTY AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE APPLICATION OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR DEVICE OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT SPOTWIFI WILL NOT HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.
(e) SPOTWIFI MAKES NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY MATERIALS WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOTWIFI OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY, OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT SPOTWIFI HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
(f) YOU FURTHER ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA, OR INFORMATION PROVIDED BY THE APPLICATION OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS.
(g) SPOTWIFI DOES NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT, OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT SPOTWIFI AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
(h) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL SPOTWIFI NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY MATERIALS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SPOTWIFI'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You shall indemnify, defend, and hold harmless SpotWiFi and its officers, directors, agents, and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Application or Third Party Materials; (ii) your breach of this License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party or any Wi-Fi Hotspot Terms. You will promptly notify SpotWiFi in writing of any third party claim arising out of or in connection with your access to or use of the Application.
12. Contact Information
In the event that you have a question, complaint or claim regarding your use of the Application, please contact SpotWiFi’s customer service department at email@example.com.
13. Dispute Resolution
(a) You agree that you will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents, and other information concerning the dispute and your proposed resolution before taking any legal action. If we are unable to reach a resolution of your dispute within 60 days of your notice to us, you agree that instead of filing a lawsuit or small claims action in a court of law, you will submit the dispute to binding arbitration as set forth in Section 13(b).
(b) BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS BETWEEN SPOTWIFI AND YOU THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. This provision is intended to encompass all disputes or claims arising out of your relationship with SpotWiFi, arising out of or relating to the Application (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory). References to you and SpotWiFi include, where applicable, our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to SpotWiFi by contacting SpotWiFi’s customer service department at firstname.lastname@example.org to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") under the Wireless Industry Arbitration Rules ("WIA Rules"), as modified by this License. You and SpotWiFi agree that use of the Application evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this License. You and SpotWiFi agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and SpotWiFi in accordance with the WIA Rules, except that SpotWiFi will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless SpotWiFi and you agree otherwise, the location of any arbitration shall be San Diego, California. Except where prohibited by law, SpotWiFi and you agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor SpotWiFi shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction.
14. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this License is held to be invalid or unenforceable with respect to a party, then the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable, shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
15. Export Control
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law or the law of any country location or jurisdiction where you may be using the Application.
16. Government End Users
The Application is commercial computer software. If the user or licensee of the Application is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Application, or any related documentation of any kind, is restricted by the terms of this License Agreement with only those rights as are granted to all other end users pursuant to the terms and conditions herein in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited. Unpublished-rights reserved under the copyright laws of the United States.
17. Third Party Beneficiaries
Except as explicitly provided in this License or in the Third Party Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
18. International Transfer of Information
19. Complete Agreement; Governing Language
This License including the documents incorporated herein by reference constitutes the entire agreement between you and SpotWiFi relating to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. SpotWiFi may modify or amend the terms of this License at any time, with or without notice to you, by posting a copy of the modified or amended License available through the Application or at www.spotwifi.com/contact/license. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Application following the date in which the modified or amended License is made available through the Application or the referenced website.
Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
Sections 2(b), 2(c), 3, 4, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 20 of this License shall survive termination of the License. Further, any other provisions that by their context are intended to survive the termination of this License shall survive such termination.