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Additional Terms of Use for Free WiFi Services at this AdSpot


YOU AGREE TO THE TERMS BELOW. WiFi SERVICE IS PROVIDED "AS IS" AND IS NOT ERROR FREE. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY ADSPOTS INC. FOR ANY CLAIMS ARISING OUT OF YOUR USE OF WiFi SERVICE INCLUDING YOUR USE OF THIS SERVICE FOR VOICE OVER WiFi AND ANY EFFORTS THEREWITH TO PLACE E-911 CALLS. THIS WiFi SERVICE DOES NOT OFFER ANY ADDITIONAL SECURITY IF YOU USE IT TO ACCESS WEBSITES, DOWNLOAD MOBILE APPLICATIONS ("APPS") OR ACCESS OTHER SERVICES VIA THE INTERNET (COLLECTIVELY, “ ADSPOTS SERVICES"). IF YOU USE THIS WIFI SERVICE TO ACCESS ANY SERVICES, YOUR USE OF THOSE SERVICES IS SUBJECT TO THE APPLICABLE SEPARATE TERMS OF USE. BY USING THE WiFi SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND THEREBY. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT CONNECT TO OR OTHERWISE USE THE WiFi SERVICE.

The following are the Terms of Use (the "Terms") for your use of the WiFi service and managed services to reach and/or use of the Internet (hereinafter "the WiFi Service") provided free of for your use at this AdSpots Inc. WiFi Location (“AdSpot"). These Terms shall apply to any person (referred to herein as "User","you" or "your") who accesses or uses this WiFi Service. The Terms for the WiFi Service include and hereby incorporate by reference any terms of service and acceptable use policy of AdSpots's WiFi service provider and/or managed service provider as may be identified to you by (i) being identified on or linked to the WiFi Landing Page, (ii) identified on any signage in the AdSpots location office, and/or (iii) as may be automatically connected to your smartphone based on your agreement with your smartphone service provider or based on your settings. The WiFi Service Provider's terms of service and acceptable use policy shall hereinafter be collectively referred to as "WiFi Service Provider's Terms" If you do not agree with the Terms set forth below and the WiFi Service Provider's Terms, do not use the WiFi Service.

1. YOUR LIABILITY/ COVENANT NOT TO SUE AdSpots.

YOU HAVE SOLE RESPONSIBILITY FOR YOUR USE OF THE WiFi SERVICES, INCLUDING BUT NOT LIMITED TO ACCEPTABLE USE THEREOF AS DISCUSSED BELOW, ADEQUATE SECURITY, PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WiFi SERVICE AND WILL NOT MAKE A CLAIM AGAINST AdSpots FOR STOLEN OR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, DAMAGED EQUIPMENT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WiFi SERVICE. You are responsible for the security of your equipment and information you transmit pursuant to the WiFi Service. This free WiFi Service is similar to service offered in other commercial free WiFi hotspots such as coffee shops or airports. The WiFi Service itself has no additional security features. The WiFi Service may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of the WiFi Service Provider's, AdSpots's or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. There is no guarantee of bandwidth or connection speed at with you may access the Internet. YOU COVENANT NOT TO SUE AdSpots Inc. or any of the AdSpots Location owners or AdSpots Hosts FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE WiFi SERVICE.

2. AdSpots DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE WiFi SERVICE ARE PROVIDED "AS IS". NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE INCLUDING BUT NOT LIMITED TO VOICE OVER WiFi, NETWORK SECURITY AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONNECTION WITH THE WiFi SERVICE. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE WiFi SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE PERIOD OF TIME DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF AdSpots, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY, INTERRUPTION OR DELAY IN TRANSMISSION BY THE TELECOMMUNICATIONS CARRIER PROVIDING THE WIFI SERVICE TO AdSpots TO ACCESS THE WIRELESS WEB, OR ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. AdSpots AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE WiFi SERVICE ARISING FROM ANY SUCH DELAY, INTERRUPTION, DISRUPTION, LACK OF NETWORK SECURITY OR SIMILAR FAILURE.

3. LIMITATION OF AdSpots LIABILITY

AdSpots SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING THE WiFi SERVICE OR YOUR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING INFORMATION. MOREOVER, IN NO EVENT SHALL AdSpots BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.

4. INDEMNITY

You agree to defend, indemnify and hold harmless AdSpots (including its parent and affiliate companies, employees, officers, directors, agents, co-branders, licensors or other partners and employees) from any claim, action, demand, loss or damage, including attorneys' fees, made by any third party against AdSpots as the offeror of free WiFi Service and/or made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the WiFi Service; (b) your use of the WiFi Service; (c) your violation of these Terms; (d) your violation of the WiFi Service Provider's Terms; and (e) your violation of any rights of another.

5. AdSpots RESERVATION OF RIGHTS.

AdSpots takes no responsibility and assumes no liability for any material created or accessible on or through the WiFi Service, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity Users may encounter. As the provider of the WiFi Service, AdSpots is only a forum, a platform, and is not liable for any statements, representations, or content provided by the users of the WiFi Service in any public forum. AdSpots shall not be obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. AdSpots prohibits use of the WiFi Service in any way that is unlawful, interferes with use of the WiFi Service, interferes in any way with the usage or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, constitutes Spam/E-mail/Usenet abuse, or presents security or privacy risks. User will not resell or provide the WiFi Service to unauthorized third parties, whether as part of a commercial enterprise or otherwise. User is prohibited from engaging in any other activity, whether legal or not, that AdSpots determines in its sole discretion, to be harmful to the WiFi Service and its Users or AdSpots Customer's, operations and network(s). In the event that AdSpots becomes aware that any such material may violate these Terms, other applicable terms of use or contract provisions, and/or expose AdSpots to civil or criminal liability, AdSpots reserves the right to block access to such material and suspend or terminate the WiFi Service of any user creating, storing or disseminating such material. AdSpots further reserves the right to conduct investigations into fraud, violations of these Terms or other laws or regulations, and to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that AdSpots deems responsible for the wrongdoing. AdSpots reserves the right to act immediately and without notice to suspend or terminate WiFi Service in response to a court order or other legal requirement that certain conduct should be stopped or when AdSpots determines, in its sole discretion, that the conduct may: (1) expose AdSpots to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of AdSpots's network(s) or facilities, or (3)otherwise present a risk of harm to AdSpots, AdSpots Customers, or other Users of the WiFi Service.

6. ACCEPTABLE USE POLICY/ AdSpots COOPERATION WITH WiFi SERVICE PROVIDER AND/OR LAW ENFORCEMENT

This WiFi Service is provided pursuant to these Terms and the WiFi Service Provider's Terms, including its Acceptable Use Policy ("AUP"). Users are responsible for avoiding the prohibited activities and strictly following the WiFi Service Provider's Terms and AUP. The WiFi Service shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. The WiFi Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to the WiFi Service. User shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing. AdSpots has a zero tolerance policy regarding use of the WiFi Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this WiFi Service to harm or intimidate a minor. AdSpots may refer potential violations of any such terms and any law(s) to the WiFi Service Provider and/or to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. AdSpots assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice. If AdSpots is alerted to violations or potential violations of these Terms, AdSpots will take whatever measures it deems necessary and appropriate to stop or prevent such violations. For example, AdSpots or its WiFi Service Provider may filter and/or in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the WiFi Service, block access to certain categories of numbers or certain sites as AdSpots or its WiFi Service Provider determines needed to enforce these policies. AdSpots shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from AdSpots's exercise of its rights under these Terms.

7. SERVICE MODIFICATION/SUSPENSION/TERMINATION/CANCELLATION

AdSpots may immediately modify, discontinue, terminate or suspend all or a portion of your WiFi Service or any function or feature or part thereof, at any time and from time to time, without notice. Both these Terms and the WiFi Service Provider's Terms may be updated or changed from time to time. If AdSpots makes a change to these Terms and that change has a material impact on the WiFi Service, your continued use of the WiFi Service following such change constitutes your acceptance of those changes.

8. THIRD PARTY WEBSITES AND APPLICATIONS/ LINKS TO THIRD PARTY SITES

This WiFi Service may be linked to other websites or enable you to reach other websites or download applications (also known as "apps") which are not under the control of and are not maintained by AdSpots. AdSpots hereby disclaims liability for any information, materials, applications, products or services posted or offered at any of the third party websites linked to or reached by the WiFi Service. AdSpots does not endorse or recommend any products or services offered or information contained at third party websites, nor is AdSpots liable for any failure of applications, products or services offered or advertised at third party websites. Such third party websites and applications may have a privacy policy different from that of AdSpots and a third party website and application may provide less security than a AdSpots website or applications.

9. PRIVACY POLICY

Your use of the WiFi Service is subject to the WiFi Service Provider's privacy policy which is linked to the WiFi Service Provider's Terms. The WiFi Service Provider's privacy policy is different than AdSpots's privacy policies. You acknowledge this and will not hold AdSpots liable for any claims that your use of the WiFi Service should be subject to AdSpots privacy policies. You will not hold AdSpots liable for any claims regarding privacy that you may have against the WiFi Service Provider.

10. PERSONAL INFORMATION

You acknowledge and agree that subject to the WiFi Service Provider's terms of use, including but not limited to the WiFi Provider's privacy policy referenced in Section 9 above, the WiFi Service Provider may collect, transmit, store, and use technical, location, and login or other personal data and related information, including but not limited to technical information about your device, system and application software, and peripherals, and information regarding your location gathered to facilitate the provision of WiFi Service, support, and as may be otherwise gathered by the WiFi Service Provider whether or not in connection with the WiFi Service or other services to you (if any). You acknowledge and agree that the WiFi Service Provider may change its privacy policy at any time, and AdSpots has no obligation to notify you of any such changes. Your continued use of the WiFi Service constitutes your acceptance of any such changes to the WiFi Service Provider privacy policy.

11. AdSpots SERVICES AND OTHER AGREEMENTS

If you use this WiFi Service to access AdSpots Services maintained by or on behalf of AdSpots, this WiFi Service does not provide any additional incremental security for such access other than the security of the AdSpots Services themselves. The AdSpots Services are subject to separate terms of use and privacy policies. These Terms are in addition to and do not nullify any other agreement(s) between you and AdSpots, including but not limited to, any agreement regarding your use of other AdSpots Services. Termination or modification of these Terms will not affect, or result in the termination or modification of, any such other agreements.

12. SEVERABILITY

If any provision of these Terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.

13. GOVERNING LAW

Your relationship with AdSpots with respect to these Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. If any provision of these rules is found by a court of competent jurisdiction to be invalid, it is nevertheless agreed that the court should endeavor to give effect to the intentions of the drafters as reflected in the applicable provision, and other provisions remain in full force and effect.

EFFECTIVE DATE.

This policy was last modified June 26, 2019.

© 2019 AdSpots Inc., AdSpots WiFi and AdSpot, AdSpots are trade names of AdSpots Inc. used and registered throughout the world.