WiFi Map \u2013 Terms of Use<\/p>\n
February 22, 2021<\/p>\n
These terms of use (\u201cTerms\u201d) apply to persons anywhere in the world
\n(each such person, a\u00a0\u201cUser\u201d or \u201cyou\u201d) who install, access or
\nuse the mobile application (\u201cApp\u201d) published by WiFi Map LLC (\u201cWiFi
\nMap\u201d or \u201cwe\u201d). PLEASE READ THESE TERMS CAREFULLY, AS THEY ARE A
\nLEGAL AGREEMENT BETWEEN YOU AND WIFI MAP.<\/p>\n
PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW
\nCLAIMS THAT YOU AND WIFI MAP HAVE AGAINST EACH OTHER CAN BE BROUGHT
\n(SEE SECTION\u00a04 BELOW). THOSE PROVISIONS WILL, WITH LIMITED
\nEXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST WIFI MAP
\nTO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A
\nPLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE
\nACTION OR PROCEEDING.<\/p>\n
In order to install, access or use the App, you must be of legal age
\nfor those activities in the jurisdiction in which you are located.
\nIf you are not of legal age, you must not install, access or use the
\nApp.<\/p>\n
1. Binding Agreement; Termination<\/u><\/p>\n
Your installation of, access to or use of our App constitutes your
\nbinding agreement to those Terms, including the dispute resolution
\nand arbitration provisions. If at any time you disagree with these
\nTerms, you must refrain from installing our App, or, if you have
\nalready installed our App, refrain from accessing or using it and
\ndelete it. These Terms contain the entire agreement between you and
\nWiFi Map, and supersede any prior agreements or arrangements with
\nyou that relate in any way to WiFi Map or the App.<\/p>\n
WiFi Map reserves the right to immediately terminate these Terms and
\nany services provided by WiFi Map, including its publication of the
\nApp and provision of any content, information, functionality or
\nother services through the App, at any time, either with respect to
\nyou or generally, for any reason, including your violation of these
\nterms, or for no reason. The preamble above, this{” “}
\nSection\u00a01, 2\u20134 and Sections\u00a06\u201319<\/u> shall survive the
\ntermination of these Terms.<\/p>\n
2. Governing Law<\/u><\/p>\n
These Terms, and any claims, disputes or controversies related to
\nyour use of the App or any content, information and related
\nmaterials (\u201cContent<\/u>\u201d) provided through the App or otherwise
\nrelated to the relationship between you and WiFi Map, whether
\ncontractual or non-contractual, are governed by the laws of the
\nState of New York, United States of America, without giving effect
\nto any choice or conflict of law provision or rule, whether in the
\nState of New York or any other jurisdiction, that would cause the
\nlaws of any jurisdiction other than the State of New York to apply.<\/p>\n
3.{” “}
\nJurisdiction and Venue for Claims not Subject to Arbitration<\/u><\/p>\n
The New York state and United States federal courts sitting in New
\nYork County, New York shall have exclusive jurisdiction over any
\nclaims, disputes or controversies related to these Terms, your use
\nof the App or any Content provided through the App, or otherwise
\nrelated to the relationship between you and WiFi Map, whether
\ncontractual or non-contractual, that are not subject to mandatory
\narbitration under Section\u00a04<\/u>.<\/p>\n
4. Mandatory Binding Arbitration<\/u><\/p>\n
\n(a) Agreement to Arbitrate<\/i>
\n<\/u><\/p>\n
Any claims, disputes or controversies related to these Terms, your
\nuse of the App or any Content provided through the App, or otherwise
\nrelated to the relationship between you and WiFi Map, whether based
\nin contract, tort, statute, fraud, misrepresentation, or any other
\nlegal theory, regardless of when they arise and regardless of any
\ntermination of these Terms, shall be determined by mandatory binding
\nindividual (not class) arbitration.<\/p>\n
The arbitrator shall have the exclusive power to rule on his or her
\nown jurisdiction, including any objections with respect to the
\nexistence, scope or validity of the this agreement to arbitrate or
\nto the arbitrability of any claim or counterclaim. Arbitration is
\nmore informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN
\nARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
\nThere may be more limits on the availability and scope of discovery
\nthan in court. The arbitrator must follow these Terms and can award
\nthe same damages and relief as a court (including attorney fees),
\nexcept that the arbitrator may not award any relief, including
\ndeclaratory or injunctive relief, benefiting anyone but the parties
\nto the arbitration. This arbitration provision will survive
\ntermination of these Terms.<\/p>\n
\n(b) Exceptions<\/i>
\n<\/u><\/p>\n
Notwithstanding Section\u00a04(a)<\/u>, nothing in these Terms,
\nincluding this Section\u00a04<\/u>, will be deemed to waive,
\npreclude, or otherwise limit either of our rights, at any time, to
\n(i)\u00a0bring an individual action in a U.S. small claims court for
\na matter within the jurisdiction of that court or (ii)\u00a0bring an
\nindividual action seeking only temporary or preliminary
\nindividualized injunctive relief in a court of law, pending a final
\nruling from the arbitrator. In addition, the agreement to arbitrate
\nin this Section\u00a04<\/u> doesn\u2019t stop you or us from bringing
\nissues to the attention of federal, state, or local agencies. Those
\nagencies can, if the law allows, seek relief against us on your
\nbehalf (or vice versa).<\/p>\n
\n
\n(c) No Class or Representative Proceedings: Class Action Waiver
\n<\/i>
\n<\/u><\/p>\n
YOU AND WIFI MAP EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN
\nYOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
\nMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both
\nyou and WiFi Map agree, no arbitrator or judge may consolidate more
\nthan one person\u2019s claims or otherwise preside over any form of a
\nrepresentative or class proceeding. The arbitrator may award
\ninjunctive relief only in favor of the individual party seeking
\nrelief and only to the extent necessary to provide relief warranted
\nby that party\u2019s individual claim. If a court decides that applicable
\nlaw precludes enforcement of any of this paragraph\u2019s limitations as
\nto a particular claim for relief, then that claim (and only that
\nclaim) must be severed from the arbitration and may be brought in
\ncourt.<\/p>\n
\n(d) Arbitration Rules<\/i>
\n<\/u><\/p>\n
Either you or WiFi Map may start arbitration proceedings. Any
\narbitration between you and WiFi Map will take place in the English
\nlanguage under the Consumer Arbitration Rules of the American
\nArbitration Association (\u201cAAA<\/u>\u201d) then in force (the \u201c
\nAAA Rules<\/u>\u201d), as modified by this Section\u00a04<\/u>. The
\nFederal Arbitration Act shall apply to, and govern the
\ninterpretation and enforcement of, this provision (despite the
\nchoice of law provision above). The AAA Rules, as well as
\ninstructions on how to file an arbitration proceeding with the AAA,
\nappear at adr.org, or you may call the AAA at 1-800-778-7879. WiFi
\nMap can also help put you in touch with the AAA.<\/p>\n
Any arbitration hearings will take place in the county (or parish)
\nof your residence, provided that if the claim is for $25,000 or
\nless, you may choose whether the arbitration will be conducted
\n(i)\u00a0solely on the basis of documents submitted to the
\narbitrator; (ii)\u00a0through a non-appearance based telephonic
\nhearing; or (iii)\u00a0by an in-person hearing as established by the
\nAAA Rules in the county (or parish) of your residence.<\/p>\n
If you choose to file an arbitration proceeding and you are required
\nto pay a filing fee, WiFi Map will reimburse you for that filing
\nfee, unless your claim is for greater than US $10,000, in which case
\nyou will be responsible for the filing fee. WiFi Map will pay any
\nother arbitration fees, including your share of arbitrator
\ncompensation, unless otherwise required by the AAA Rules or court
\norder. Regardless of the manner in which the arbitration is
\nconducted, the arbitrator shall issue a reasoned written decision
\nsufficient to explain the essential findings and conclusions on
\nwhich the decision and award, if any, are based. The arbitrator may
\nmake rulings and resolve disputes as to the payment and
\nreimbursement of fees or expenses at any time during the proceeding
\nand upon request from either party made within 14 days of the
\narbitrator\u2019s ruling on the merits.<\/p>\n
\n(e) Notice; Process<\/i>
\n<\/u><\/p>\n
A party who intends to seek arbitration must first send a written
\nnotice of the dispute to the other, by certified mail, Federal
\nExpress, UPS, or Express Mail (signature required), or if we do not
\nhave a physical address on file for you, by electronic mail (\u201c
\nNotice<\/u>\u201d). WiFi Map\u2019s address for Notice is: WiFi Map LLC,
\nAttn: President, 25 Broadway, 9th Floor, New York, NY 10004, USA.
\nThe Notice must (i)\u00a0describe the nature and basis of the claim
\nor dispute; and (ii)\u00a0set out the specific relief sought (\u201c
\nDemand<\/u>\u201d). You and WiFi Map each shall use good faith efforts
\nto resolve the claim directly, but if we do not reach an agreement
\nto do so within 30 days after the Notice is received, you or WiFi
\nMap may commence an arbitration proceeding. During the arbitration,
\nthe amount of any settlement offer made by you or WiFi Map shall not
\nbe disclosed to the arbitrator until after the arbitrator makes a
\nfinal decision and award, if any. All documents and information
\ndisclosed in the course of the arbitration shall be kept strictly
\nconfidential by the recipient and shall not be used by the recipient
\nfor any purpose other than for purposes of the arbitration or the
\nenforcement of the arbitrator\u2019s decision and award and shall not be
\ndisclosed except in confidence to persons who have a need to know
\nfor such purposes or as required by applicable law.<\/p>\n
\n(f) Enforceability<\/i>
\n<\/u><\/p>\n
If the agreement to arbitrate in this Section\u00a04<\/u> is
\ninvalidated in whole or in part, the exclusive jurisdiction and
\nvenue described in Section\u00a03<\/u> shall govern any claim in
\ncourt arising out of or related to these Terms.<\/p>\n
5. Grant of License<\/u><\/p>\n
Subject to your compliance with these Terms, WiFi Map hereby grants
\nyou a limited, non-exclusive, non-sublicensable, revocable,
\nnon-transferable license to install, access and use the App on your
\npersonal mobile device solely for the purpose of accessing and using
\nany Content provided through the App to locate and access WiFi
\nhotspots, solely for your own personal use, and not for (a)\u00a0you
\nto share with any other individual or entity or (b)\u00a0any
\ncommercial use whatsoever. You shall not use any Content provided
\nthrough the App to build, expand or validate any database of WiFi
\nhotspot information, nor shall you use the Content provided through
\nthe App to provide any WiFi hotspot information to any other
\nindividual or entity.<\/p>\n
6. Ownership<\/u><\/p>\n
The App, and all Content that WiFi Map provides through the App, are
\nand shall remain WiFi Map\u2019s property or the property of WiFi Map\u2019s
\nlicensors. Neither these Terms nor your use of the App convey or
\ngrant to you any rights (a)\u00a0in or related to the App or any
\nContent, except for the limited license granted in{” “}
\nSection\u00a05<\/u>, or (b)\u00a0to use or reference in any manner
\nWiFi Map\u2019s company names, logos, product and service names,
\ntrademarks or service marks, or those of WiFi Map\u2019s licensors.<\/p>\n
7. Restrictions<\/u><\/p>\n
You shall not (a)\u00a0remove any copyright, trademark or other
\nproprietary notices from the App or any Content provided through the
\nApp; (b)\u00a0reproduce, modify, prepare derivative works based
\nupon, distribute, license, lease, sell, resell, transfer, publicly
\ndisplay, publicly perform, transmit, stream, broadcast or otherwise
\nexploit the App or any Content provided through the App, except as
\nexpressly permitted by WiFi Map in writing; (c)\u00a0decompile,
\nreverse engineer or disassemble the App or any Content provided
\nthrough the App; (d)\u00a0link to, mirror or frame the App or any
\nContent provided through the App; (e)\u00a0cause or launch any
\nprograms or scripts for the purpose of scraping, indexing,
\nsurveying, or otherwise data mining the App or any Content provided
\nthrough the App or unduly burdening or hindering the operation or
\nfunctionality of any aspect of the services that we provide through
\nthe App; or (f)\u00a0attempt to gain unauthorized access to or
\nimpair any aspect of the App or its related systems or networks.<\/p>\n
Without limiting the generality of the immediately preceding
\nparagraph, you shall use any information that you obtain through the
\nApp concerning WiFi hotspots solely<\/u> for the purpose of
\naccessing those hotspots yourself, and not for any<\/u> other
\npurpose.<\/p>\n
8. Privacy Policy<\/u><\/p>\n