By accessing and using the Services through the WeFi Software or Website, 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 WeFi 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 WeFi Services, you have to either download and execute the WeFi Software to set up a WeFi Services profile, or create such a WeFi 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. 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 to cancel any accounts that you may have established to access the Services. Your continued use of the Services 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.
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 or any applicable license agreements (including WeFi’s End User License Agreement), codes of conduct or posted rules, instructions or guidelines regarding the Services and/or the Software (collectively, the "License Agreement"). 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.
WeFi may charge subscription or other fees to access certain WeFi 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 WeFi 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 any applicable Website or WeFi 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 WeFi 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.
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.
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.
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 WeFi Services.
Any software that is made available to download or otherwise access from the Services ("Software") is the copyrighted work of WeFi or its licensors or partners. Use of the Software is governed by the terms of the applicable License Agreement. A User may not install or use any Software, unless he or she agrees to the applicable License Agreement terms.
The Software is made available for download solely for use by Users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.
You may not modify, alter or create any derivative works of any Software. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WeFi Software which is downloaded from the Services for or on behalf of the United States of America, its agencies or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is WeFi, Inc., 2200 Sand Hills Road, Menlo Park, CA, 94025.
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 or the applicable License Agreement, you can report it to us by e-mailing us at: email@example.com. 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.
The Services are provided to you to enable your use of free, open WiFi 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 or any applicable License 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 WiFi network mapped by use of the Services. The Services are not to be used for making unauthorized connections to private WiFi 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.
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.
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, develop or distribute any applications in violation of any applicable License Agreement;
Use the Services or Software to resell or make any commercial use of the Services or 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 or any applicable License 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.
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 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.
2200 Sand Hills Road,
Menlo Park, CA, 94025
We are not responsible for any unauthorized access to wireless access spots mapped using WeFi 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; notwithstanding the foregoing our sole and exclusive responsibilities and liabilities with respect to the WeFi Software are set forth in the End User License Agreement that governs your use of the WeFi Software and that you can get at http://www.wefi.com/eula/. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 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).
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.
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."
Indemnity. 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 use of the Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement.
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.
Other. This Agreement is accepted upon your use of the Services or by registering to be a WeFi Member through the WeFi Software or the Website. This Agreement, and, if you downloaded and/or used the Software, the End User License Agreement located at http://www.wefi.com/eula/ that accompanies and governs your use of the WeFi Software, constitutes the entire agreement between you and us regarding the use of the Services. 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 -2009, 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.
Last updated: April 11, 2010