WIFI TERMS OF SERVICE

 

READ CAREFULLY. THESE TERMS AND CONDITIONS IMPOSE OBLIGATIONS AND RESTRICTIONS UPON YOU.

 

1. General

This WiFi Service is an Internet access service provided by GO SMART WiFi. (“GO SMART WiFi“) which provides you with access to the Internet via a wireless access point (or points) (each a “Hotspot“) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “WiFi” (the “Service“). These “Terms and Conditions” between you and GO SMART WiFi set out duties and responsibilities associated with use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, “you” means you and every person you authorize to use the Service. By accessing the Service, you agree to these Terms and Conditions and GO SMART WiFi’s Privacy Policy (available at thegoappworks.com/privacy). If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. GO SMART WiFi may modify these Terms and Conditions at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. GO SMART WiFi will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Login” or “Intercept” page that is presented to you when you first access the Service from a “Hotspot”. You agree to periodically review the then-current Terms and Conditions and/or Privacy Policy in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions and/or Privacy Policy, as applicable. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.

 

2. Access

In order to access the Service, you must login to your Facebook or Twitter account using their respective “OAuth” authorization procedure, or by supplying your name and e-mail to GO SMART WiFi, or, if available, as a guest and not supplying any additional information. By authorizing GO SMART WiFi to access your Facebook account, you hereby grant GO SMART WiFi access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows GO SMART WiFi to access. By authorizing GO SMART WiFi to access your Twitter account, you hereby grant GO SMART WiFi access to certain information in your Twitter profile, including but not necessarily limited to: screen name, name, location, profile picture; and, other information which the OAuth procedure allows GO SMART WiFi to access. If at any point the information GO SMART WiFi requires by your access necessitates a higher level of Facebook or Twitter profile access through OAuth authorization, these Terms and Conditions shall be amended accordingly and GO SMART WiFi will notify you of said changes in the manner set forth above.

 

Furthermore, by agreeing to allow GO SMART WiFi to access your Facebook or Twitter profile through the OAuth procedure, you hereby agree to any and all terms and conditions imposed on you by Facebook, Inc. or Twitter in connection with the OAuth procedure, your use of the Facebook or Twitter website and any and all sites and/or applications or other data or content in connection therewith.

 

Linking of MAC Address to Personally Identifiable Information. You understand and agree that by engaging in certain Identification Activities, you are permitting us to: a) store and access your Personally Identifiable Information; b) link your Personally Identifiable Information to the MAC address and your location, as offered by the device with which you access the Internet and/or our WiFi service; and, c) use your Personally Identifiable Information in such other ways which accord with the terms and conditions herein set forth.

 

3. Indemnity

You agree to indemnify and hold GO SMART WiFi, its directors, officers, shareholders, affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to GO SMART WiFi’s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.

 

4. Acceptable Use Policy

You are responsible for your use of the Services. You shall not use or allow others to use the Service if such use:

– is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients’ service;

– consumes excessive network capacity in GO SMART WiFi’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;

– is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by GO SMART WiFi which uses excessive network capacity;

– is to provide a substitute or back-up for private lines or dedicated data connections such as DSL;or

– is to operate any server system (including email, web, or other kind of server).

You shall not threaten abuse or harass any GO SMART WiFi employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against GO SMART WiFi including fraudulently obtaining Services, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service. You must follow all other service and security regulations issued or adopted by GO SMART WiFi. GO SMART WiFi reserves the right to limit or lockout your use should such use be in contravention of these Terms and Conditions. In addition, GO SMART WiFi, and the owner or proprietor of the site at which the Services are being offered at your time of access to the Services and/or a Hotspot (collectively, the “Service Provider(s)“) each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion.

 

5. Service Availability

The Service is only available where Hotspot facilities exist. GO SMART WiFi assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular, due to changes in the location and configuration of Hotspots.

 

6. Performance Levels

GO SMART WiFi does not guarantee the performance of the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Services receive reasonable access to the Services.

 

7. Security & Privacy

GO SMART WiFi respects your privacy and protects your private information according to its Privacy Policy available at thegoappworks.com/privacy. Notwithstanding the foregoing, GO SMART WiFi will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service. GO SMART WiFi does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and GO SMART WiFi, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).

8. Service Bandwidth Resale or Redistribution Prohibited

Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.

 

9. IP Address / Host Name

Any IP address assigned to you by GO SMART WiFi is the property of GO SMART WiFi at all times. IP addresses may change each time you access at Hotspot, or anytime at the discretion of GO SMART WiFi without prior notice to you. GO SMART WiFi assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.

 

10. User Information

Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. GO SMART WiFi has no obligation to monitor the Service. However, you agree that GO SMART WiFi reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

 

11. No Liability For Content

Be aware that some content, products or services (“Content“) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither GO SMART WiFi nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. GO SMART WiFi and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

 

12. Limited Warranty

The Service is provided by GO SMART WiFi on an “as is” and “as available” without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by GO SMART WiFi (“Third Party Equipment and Services“). GO SMART WiFi disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither GO SMART WiFi, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. YOUR SERVICE PROVIDER(S) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

 

13. Limitation of Liability

In the event of any breach by GO SMART WiFi, its affiliates, suppliers, or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall GO SMART WiFi, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, Content or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

 

14. User Suspension

These Terms and Conditions may be terminated by you by ceasing to utilize the Services. GO SMART WiFi may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached of any term or condition of these Terms and Conditions. GO SMART WiFi shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of your right to use and/or access the Service and/or these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.

 

15. Third Party Beneficiary

The Service Provider(s) are third party beneficiaries of these Terms and Conditions and as such are entitled to its protections and may enforce the rights afforded by these Terms and Conditions.

 

16. Miscellaneous

These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between GO SMART WiFi and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by GO SMART WiFi to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. GO SMART WiFi may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall GO SMART WiFi be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of GO SMART WiFi, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

 

WEBSITE TERMS OF SERVICE

 

GO SMART WiFi (“GO SMART WIFI”) PROVIDES THIS WEB SITE (THE “SITE”) TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS SITE.

 

These Terms of Use incorporate our Privacy Policy by reference, and set forth the terms and conditions that govern the use of this Site and that must be followed by any person or entity (User) that uses the Site.

 

1. Acceptance of Terms of Use

By using this Site (which includes visiting the Site whether or not participating in any commerce) you agree to the terms and conditions set forth below and provided by GO SMART WiFi and to follow all applicable regulations that apply to this Site. If you do not agree to the Terms of Use you must stop using the Site.

 

2. Conditions

GO SMART WiFi reserves the right to make changes to the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to Users. Such changes may include, among other things, the adding of certain fees or charges. We therefore suggest that all Users re-read the Terms of Use and Privacy Policy from time to time to be aware of any such changes. By using this Site after any such changes to the Terms of Use and/or Privacy Policy have been made you impliedly agree to the Terms of Use and Privacy Policy expressed herein and are deemed to accept such changes. Changes to the Terms of Use are effective immediately upon being posted to this Site, whether on this Terms of Use page or elsewhere on the Site. If you do not agree to any amended Site Terms, you must stop using the Site.

 

3. Privacy Policy

Please refer to GO SMART WiFi’s Privacy Policy (the “Privacy Policy”) for information on how GO SMART WiFi collects, uses and discloses personally identifiable information from its users.

 

4. Ownership & Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the GO SMART WiFi logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, Content (as defined below) and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of GO SMART WiFi or its licensors and are protected by Canadian and international copyright laws. All rights to the Site Content are expressly reserved.

 

5. Copyright & Trademarks

GO SMART WiFi, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of GO SMART WiFi and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GO SMART WiFi or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GO SMART WiFi and may not be copied, imitated or used, in whole or in part, without the prior written permission of GO SMART WiFi. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by GO SMART WiFi.

 

Everything located on or in this Site is the exclusive property of GO SMART WiFi or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF GO SMART INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and /or criminal penalties.

 

6. Limited License

GO SMART WiFi grants you a limited, non-sub-licensable license to access and use the Site and to view and print portions of the Site Content. Such license is subject to these Site Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational and personal use (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) you may not use the Site or the Site Content other than for its intended purpose; and (iv) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (except for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of GO SMART WiFi is strictly prohibited and will terminate the license granted herein.

 

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Site Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

You represent and warrant that your use of the Site and the Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify GO SMART WiFi against any liability to any person arising out of your use of Site Content not in accordance with these Site Terms.

 

To request permission for uses of Site Content not included in the foregoing license, you may contact GO SMART WiFi at the address set out at the bottom of these Site Terms.

 

7. Hyperlinks & Third Party Content

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray GO SMART WiFi or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a GO SMART WiFi logo or other proprietary graphic of GO SMART WiFi to link to the Site without the express written permission of GO SMART WiFi. Further, you may not use, frame or utilize framing techniques to enclose any GO SMART WiFi trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without GO SMART WiFi express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GO SMART WiFi or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of GO SMART WiFi or any third party without the prior written permission of GO SMART WiFi or such other party that may own such patent, trademark, copyright or other proprietary right(s).

The Site may contain links to third-party Web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. GO SMART WiFi does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. GO SMART WiFi provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply GO SMART WiFi endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. GO SMART WiFi accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

 

Under no circumstances will GO SMART WiFi be liable for any loss or damage caused by an end user’s reliance on information obtained through GO SMART WiFi. It is the Users responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through the Site and Third Party Sites.

 

8. User Information, Registration Data, Email Alerts & Account Security

This Agreement sets forth the terms and conditions that govern the use of this Site by the User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this Site is given on an individual basis to a specific End User and is not transferable. Each End User is responsible for protecting the confidentiality of End User’s password(s), if any.

In order to use certain aspects of the website (including, but not necessarily limited to, accessing your account to view analytics data collected at your venue or establishment, or such other venue where you have elected to have installed GO SMART WiFi’s on-site WiFi service in accordance with the terms of an agreement between you and GO SMART WiFi), you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to GO SMART WiFi, and to keep it accurate, current and complete; (d) consent, upon registration with the Site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to GO SMART WiFi.

 

End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of GO SMART WiFi and that GO SMART WiFi shall not be responsible for any data lost while transmitting information on the Internet. While  GO SMART WiFi endeavours to make the Site accessible 24 hours per day, 7 days per week, it is possible that the Site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by GO SMART WiFi, your access to the Site may be interrupted, suspended or terminated from time to time or generally.

 

GO SMART WiFi has the right to change or discontinue any aspect or feature of the Site and GO SMART WiFi’s business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, GO SMART WiFi may discontinue any portion of the Site or any information disseminated or displayed or the method of such dissemination or display at any time.

 

11. Advertisements & Promotions

GO SMART WiFi may, in its sole and absolute discretion, run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than GO SMART WiFi, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. GO SMART WiFi is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

 

12. Warranty Disclaimer

Except as expressly provided to the contrary in a writing by GO SMART WiFi, the Site, the materials contained therein and the services provided on or in connection therewith (the “Services”) are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. GO SMART WiFi expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and noninfringement as to the Services, information, that the Site will be uninterrupted or error-free, Content and materials on the Site. GO SMART WiFi does not represent or warrant that materials in the Site or the Services are accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Site Content or any portion thereof.

 

GO SMART WiFi is not responsible for typographical errors or omissions relating to pricing, text or photography. While GO SMART WiFi attempts to make your access to and use of the Site and the Services safe, GO SMART WiFi cannot and does not represent or warrant that the Site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from your computer on a regular basis.

 

13. Limitation of Liability

You waive and covenant not to assert any claims or allegations of any nature whatsoever against GO SMART WiFi, its affiliates, its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the “ GO SMART WiFi Parties”) arising out of or in any way relating to your use of the Site, the Services, the Content or the materials contained in or accessible through the Site.

 

In no event shall the aggregate liability of the GO SMART WiFi Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to GO SMART WiFi for access to or use of the Site.

 

14. Privacy & User Communications

GO SMART WiFi will only use personal information you provide to GO SMART WiFi in accordance with the Privacy Policy. You hereby consent and agree to the use and disclosure of your personal information in accordance with the Privacy Policy.

GO SMART WiFi is under no obligation to refrain from reproducing, publishing or otherwise using communications other than personal information, you send to or receive from GO SMART WiFi by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information.

 

15. Applicable Law & Venue

The Site (excluding Third-Party Sites) is controlled by GO SMART WiFi and operated by it from its office in Plantation, Florida. While GO SMART WiFi has made no effort to publish the Site elsewhere, the Site is accessible in all countries. You and GO SMART WiFi both benefit from establishing a predictable legal environment in regard to the Site. Therefore, you and GO SMART WiFi explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the United States applicable therein.

 

Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Site Terms; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Site Terms or to the Services; or (d) the relationships that result from these Site Terms or the Services (collectively, a “Claim”) will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against GO SMART WiFi related to any Claim and, where applicable, you also agree to opt out of any class proceedings against GO SMART WiFi. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the United States.

 

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Plantation, Florida. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.

If you choose to access the Site from locations other than Florida, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify GO SMART WiFi for your failure to comply with any such laws.

 

16. Termination/Modification of License & Site Offerings

Notwithstanding any provision of these Terms of Use, GO SMART WiFi reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.

 

17. Miscellaneous

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. GO SMART WiFi may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of GO SMART WiFi, and any such attempted assignment will be void and unenforceable. These Terms of Use constitute the entire agreement between you and GO SMART WiFi regarding your use of the Site, and supercede all prior or contemporaneous communications whether electronic, oral or written between you and GO SMART WiFi regarding your use of the Site. The parties confirm that it is their wish that these Terms of Use, as well as any other documents relating to these Terms of Use, including notices, have been and shall be drawn up in the English language only.

 

18. Questions & Comments

If you have any questions regarding these Terms of Use or your use of the Site, please contact us here:

Thegoapp

1200 S Pineisland Rd #600

Plantation, FL 33324