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    Terms of Service

    THE WEFI SERVICE (THE "SERVICE") IS OWNED AND OPERATED BY WEFI, INC. ("WEFI”), A DELAWARE CORPORATION, AND IS PROVIDED TO YOU ("YOU") UNDER THE TERMS AND CONDITIONS OF THESE WEFI TERMS OF SERVICE ( THIS "AGREEMENT"), WHICH INCLUDES WEFI’S PRIVACY POLICY AND END USER LICENSE AGREEMENT, AVAILABLE THROUGH THE HYPERLINKS SET FORTH BELOW AND INCORPORATED HEREIN BY REFERENCE. YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AT LEAST 13 YEARS OF AGE AND (II) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY. IF YOU DO NOT AGREE, DO NOT CONTINUE WITH YOUR USE OF THE SERVICE.

    By accessing and using the Services through the Software or Website, you agree to comply with and be bound by this Agreement, whether you are a "Visitor" (meaning you are simply browsing the Website) or you are a "WeFi Member" (which means that you have registered with us and set up a WeFi Profile either through the 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 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.

    1. Your WeFi Account

      By registering for a WeFi Profile, you are responsible for any activity that occurs under your WeFi Profile. 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 delete your WeFi Profile 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.

    2. Proprietary Rights

      We do not claim ownership in any "Content" (which means any and all postings, messages, text, files, images, photos, video, sounds, works of authorship, feedback, bug reports, or other materials) that you post on the Services, 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, fully-paid and royalty-free, license to use, copy, perform, display, create derivative works of, 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.

    3. Acceptable Use and Conduct

      3.1 No Illegal Use of Network Services

      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. 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. You are solely responsible for any and all Content that is published or displayed ( "posted" , as used herein) by or through your WeFi Profile on the Services, including any e-mail, and for your interactions with other WeFi Members.

      3.2 Other Prohibited Uses

      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 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).

      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.

    4. Third-Party Websites and Partner Communities

      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 do not monitor or have any control over, and makes no claim or representation regarding Third-Party Websites and Partner Communities. 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.

    5. Copyright Policy

      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:

      1. A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
      2. A description of the copyrighted work claimed to have been infringed;
      3. A description of the infringing material and information reasonably sufficient to permit WeFi to locate the material;
      4. Your contact information, including your address, telephone number, and email;
      5. 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
      6. A statement that the information in the notification is accurate, and under the pains and penalty of perjury, that you are authorized to act on behalf of the copyright owner.

      Send to:
      WeFi, Inc.
      Suite 252
      12587 Fair Lakes Circle
      Fairfax, VA 22033
      e-mail: support@wefi.com

    6. Privacy

      Use of the Services is also governed by our Privacy Policy which is incorporated in this Agreement by this reference.

    7. Disclaimers

      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 are our sole and exclusive responsibilities and liabilities with respect to the Software set forth in the End User License Agreement that governs your use of the 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.

    8. Limitation on Liability

      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)

    9. Release

      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."

    10. Miscellaneous

      • 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. You agree to submit to the personal jurisdiction of the state courts located within Fairfax, Virginia and the federal courts in the Commonwealth of Virginia for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider 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. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
      • Other. This Agreement is accepted upon your use of the Services or by registering to be a WeFi Member through the Software or the Website. This Agreement, and, if you downloaded and/or used the Software, the End User License Agreement that accompanies and governs your use of the 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: support@wefi.com
      • Copyright/Trademark Information. Copyright© 2006 -2008, 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.
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