Find Wifi Application Terms of Service

WEFI TERMS OF SERVICE AND END USER LICENSE AGREEMENT

IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT CLICK THE "ACCEPT" BUTTON OR DOWNLOAD, INSTALL OR USE THE APPLICATION.

THIS APPLICATION IS NOT INTENDED FOR PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THIS APPLICATION. IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS.

BY CLICKING THE "ACCEPT" BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THIS LICENSE AGREEMENT AND THE RELATED AGREEMENTS.

Please read this end user license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Wefi app (the “Application”). As used herein, “Application” includes, without limitation, any services, software code, scripts, interfaces, text or graphic content specific to the Application. These terms are an agreement between You and Wefi. Wefi includes Wefi’s affiliates. “You” and “Your” in this License refer to You, an individual, and/or to the company on whose behalf You accept this License.

This Application is licensed, not sold, to You by Wefi for use strictly in accordance with the terms and conditions of this License. By clicking the "Accept" button or downloading or using the Application, You are entering into and agreeing to be bound by the terms of this License and Wefi’s Privacy Policy located at https://www.wefi.com/privacy, each as amended from time to time, which policies are incorporated herein by reference. If at any time after reviewing the Application You wish to terminate this License, You must uninstall and remove the Application from Your Device, and delete any copy in Your possession.

Your use of the Application also may be governed by terms and conditions required by (i) any applicable third party content and service providers, (ii) the manufacturer and other providers of Your Device and its hardware and software components, including its operating system, (iii) the online store or other applicable distributor through which You obtain the Application, including without limitation those listed in the "Third Party Terms" section of this License, and (iv) any applicable open source or third party software license (collectively, the "Related Agreements"). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Wefi’s rights and remedies or Your obligations under this License, or waiving any restrictions on Your rights to use the Application under this License. This License shall not have the effect of limiting, encumbering or otherwise restricting Wefi's rights and remedies or Your obligations under any Related Agreement between You and Wefi, or waiving any restrictions on Your rights under any Related Agreement between You and Wefi.

If Wefi makes any updates or upgrades to the Application available to You, such updates or upgrades shall be subject to the terms and conditions of this License unless the Application is expressly provided to You under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply. This Application may be downloaded and used only by wireless customers of Wefi.

1. LICENSE GRANT AND USE RESTRICTIONS

1.1 License Grant:

Subject to the restrictions set forth in Section 1.2, Wefi grants You a personal, revocable, non-exclusive, non-transferable, limited right to install and use one copy of the Application on a single device owned and controlled by You ("Device"), and to access and use the Application on such Device solely for Your personal use, strictly in accordance with the terms and conditions of this License, the Related Agreements, and all applicable laws and regulations. You represent, warrant and agree that You are using the Application solely for Your own personal use and not for redistribution or transfer of any kind.

1.2 Restrictions on Use:

You shall not, and agree not to or enable others to:

(a) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application;

(b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application;

(d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Wefi;

(e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended

(f) use the Application in a manner that derives revenue directly from such use, or use the Application for any other purpose for which it is not designed or intended;

(g) install, use, or permit the Application to exist on more than one device at a time or on any device without first accepting the License;

(h) install, use, or permit the Application to exist on more than one device at a time or on any other mobile device or computer without first specifically accepting the License for each of those devices;

(i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Wefi;

(j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail;

(k) use any proprietary information or interfaces of Wefi, or other intellectual property of Wefi, in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application;

(l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application or the Device; or

(m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Application.

You agree to abide by the rules and policies established from time to time by Wefi. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues.

2. WiFi Hotspots

2.1 WiFi Hotspot Terms

Your use of any WiFi hotspots is subject to any applicable third party terms of service or acceptable use policy, including any applicable privacy policy (collectively “WiFi Hotspot Terms”). By clicking the "Accept" button or downloading, installing, or using the Application, You are choosing to use the Application as a tool to automatically accept the applicable WiFi Hotspot Terms at certain WiFi hotspots. Further, You acknowledge and agree that You will be solely responsible for complying with any applicable WiFi Hotspot Terms, including posted placards, at all WiFi hotspots Your Device connects to through the Application. You further acknowledge and agree that it may not be possible to view the WiFi Hotspot Terms or avoid accepting them at WiFi hotspots at the time of making a connection through the Application.

If You do not agree with the Application’s process of accepting WiFi Hotspot Terms at certain WiFi hotspots, then You must uninstall and remove the Application from Your Device.

2.2 WiFi Hotspot Security

You acknowledge and agree that Your communications sent over the Internet or a WiFi hotspot are only secure if You are using a specific communication protocol intended for securing such communications. Further, You acknowledge and agree that communications sent over third party unsecured WiFi hotspots are not private and may be seen and used by others. For these reasons, Wefi does not recommend that You disclose personal information over third party unsecured WiFi hotpsots without ensuring that adequate security precautions are taken prior to transmittal.

3. CONSENT TO USE INFORMATION

This Application, if granted location permissions, may access and use location information ("Location Information") in order to collect hotspot locations and determine best available WiFi hotspot. By using this Application, You agree that Wefi may collect and use Location Information for such purpose. Wefi does not retain Location Information longer than is reasonably necessary for such use. Wefi may also aggregate and use Location Information, including, without limitation, to store the location of an available WiFi hotspot to which Your Device previously connected, to report usage, to improve the quality of WiFi connectivity or to maintain and improve the Application. This notice along with Wefi’s Privacy Policy shall serve as your notice that the Application may collect Location Information, and You may not receive any reminders or further notice.

Subject to granting permissions, You authorize and consent to the collection, storage, and use by Wefi of any information and data generated, related to, or derived by Your installation and use of the Application. Wefi may collect and maintain technical information about the equipment You use with the Application including Device type and identifiers, the amount of data used, Your Location Information, as well as the service set identifiers (SSID and BSSID), MAC address, advertisement ID and performance of WiFi hotspots You use. This data will be used to better understand consumer WiFi usage patterns, network performance, and locations. Other than the aforementioned Location Information and other data, Wefi will not collect any other information from You, including any personally identifiable information. You agree to not provide Wefi with any personally identifiable information through the Application.

You acknowledge and agree that Wefi reserves the right to disclose any information about You to government or law enforcement officials or private parties as Wefi, in its sole discretion, believes necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect property, rights and safety of Wefi and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity Wefi considers to be illegal or unethical.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Rights to Application:

You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that You download, install, or use on Your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Wefi. Further, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Wefi. Title to the Application shall remain with Wefi. Wefi reserves the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Wefi.

4.2 Marks:

You acknowledge and agree that the Wefi and its related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by Wefi (the "Marks"). You are not authorized to use the Marks in any advertising, publicity or in any other commercial manner without the prior written consent of Wefi, which may be withheld for any or no reason.

4.3 Open Source Software:

The Application may utilize or include third party software that is subject to open source license terms ("Open Source Software"). You acknowledge and agree that Your right to use such Open Source Software as part of the Application is subject to and governed by the terms and conditions of any applicable open source license, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein (collectively, the "Open Source License Terms"). In the event of a conflict between the terms of this License and the Open Source License Terms, the Open Source License Terms shall control.

5. THIRD PARTY CONTENT AND SERVICES

5.1 General:

You acknowledge that the Application may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content vendors, marketing agents, vendors and other third parties ("Third Party Content and Services").

5.2 Disclaimer:

You acknowledge that Wefi does not investigate, monitor, represent, endorse or guarantee the availability of any Third Party Content and Services (including any third party websites accessed through the Application). As a result, You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that is incomplete or inaccurate; (ii) that You or others may deem offensive, indecent, or objectionable; (iii) which may or may not be identified as having explicit language, and (iv) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Wefi shall have no liability to You for (a) Your access to and use of the Third Party Content and Services or (b) any Third Party Content or Service that is found to be incomplete, inaccurate, offensive, indecent, or objectionable.

To the extent You choose to use or access such Third Party Content and Services, You are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws. Further, Wefi reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Wefi has no obligation to restrict or deny access even if requested by You.

5.3 Third Party Terms of Service:

In addition, You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party using the Application may be governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from Your transaction of business over the Internet and with any third party, and You agree that Wefi is not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers.

Furthermore, You acknowledge and agree that this License does not grant You any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. You agree that You will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that Wefi is not in any way responsible for any such use by You.

6. TERM AND TERMINATION

This License shall be effective until terminated. Wefi may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Wefi. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application. Wefi may, without notice to You, disable the Application. Wefi will not be liable to You or any third party for compensation, indemnity, or damages of any sort as a result of Wefi terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy Wefi may have, now or in the future.

7. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION, INCLUDING ALL CONTENT CONTAINED THEREIN, IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION.

WEFI HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE OF THE PARTIES, OR THE NATURE OR CONTEXT OF THIS LICENSE, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WEFI MAKES NO WARRANTY AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE APPLICATION OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR DEVICE OR ONLINE WIRELESS COMMUNICATIONS. YOU AGREE THAT WEFI WILL NOT HAVE ANY LIABILITY FOR ANY SUCH UNAUTHORIZED ACCESS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR SECURING YOUR EQUIPMENT AND COMMUNICATIONS.

FURTHERMORE, WEFI MAKES NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEFI OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT WEFI HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION. YOU ACKNOWLEDGE THAT THE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE PERFORMANCE OF, USE OR MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APPLICATION COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE.

WEFI DOES NOT WARRANT THAT THE APPLICATION WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT WEFI, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED, RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OF ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION.

NOTWITHSTANDING AND WITHOUT WAIVING THE FOREGOING, THE TERMS AND CONDITIONS OF THE RELATED AGREEMENTS MAY PROVIDE LIMITED REMEDIES TO YOU.

8. LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL WEFI, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFORMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY MATERIALS, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WEFI'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. INDEMNIFICATION

You shall indemnify, defend, and hold harmless Wefi, and its officers, directors, agents, and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest, and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Materials; (ii) Your breach of this License; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party or any Wi-Fi Hotspot Terms. You will promptly notify Wefi in writing of any third party claim arising out of or in connection with Your access to or use of the Application.

10. DISPUTE RESOLUTUON BY BINDING ARBITRATION

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting Customer Care at support@wefi.com. Before taking any formal action, You agree that You will first contact us with any dispute and provide a written description of the nature of the dispute, all relevant documents, and other information concerning the dispute and Your proposed resolution before taking any legal action. If we are unable to reach a resolution of Your dispute within 60 days of Your notice to us, You agree that instead of filing a lawsuit or small claims action in a court of law, You will submit the dispute to binding arbitration as set forth in this Section 9. Please forward your dispute to Wefi, Attn: Legal Department, 1149 S. Hill Street, Suite H-400, Los Angeles, California 90015.

BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS BETWEEN WEFI AND YOU THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND WEFI FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.

This provision is intended to encompass all disputes or claims with Wefi, arising out of Your use of the Application. References to You and Wefi include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. References to Wefi also include Wefi’s affiliates.

All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Wefi by contacting Wefi’s Legal Department, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879, or by contacting Wefi’s Legal Department as set out above. You and Wefi agree that use of the Application evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, You can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.

You and Wefi agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, You and Wefi agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.

Absent a finding that Your demand is frivolous, brought for an improper purpose, or malicious as set forth by the standards of Federal Rule of Civil Procedure 11(b), Wefi will pay the filing, administration, and arbitrator fees of an arbitration initiated in accordance with this License. If, however, the arbitrator does deem that Your demand was frivolous, was brought for an improper purpose, or was malicious under the same standard used in a court of law, payment of all fees will be divided between You and Wefi in accordance with AAA Rules. Additionally, Wefi hereby waives any right to seek its attorney’s fees from You in the event that it prevails in the arbitration, except where Your demand is deemed frivolous, brought for an improper purpose, or malicious under the standard set out above. Nothing in this section shall be construed by an arbitrator as barring an award of attorney’s fees to You, the customer, where the law would so provide. If You initiate an arbitration in which You seek more than $50,000 in damages, the payment of fees will be governed by the AAA rules.

If Wefi made You a settlement offer that You rejected prior to entering arbitration and the arbitrator ultimately finds in Your favor in any respect with an award that is greater than the last written offer made to You by Wefi, Wefi will pay You the amount of the award or a minimum of $5,000, whichever is greater. If Wefi opted not to make You a written settlement offer, these same terms apply, meaning that You are guaranteed a minimum award of $5,000 if the arbitrator finds in Your favor.

Unless You and Wefi agree otherwise and in an effort to reduce the burden of arbitration on You, the location of any arbitration shall be in the county of Your, the customer’s, residence for those customers located within the United States. For customers residing outside of the United States, the location of arbitration shall be Los Angeles, California, unless You and Wefi agree otherwise. Either or both parties may participate in the proceedings by telephone.

If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, You and Wefi waive to the fullest extent permitted by law, (i) any right to pursue any claims on a class or consolidated basis and (ii) Your right to serve in a representative capacity in any class or consolidated basis. Neither You nor Wefi shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court of competent jurisdiction.

In the event that any claim proceeds in a court of law rather than through arbitration, You and Wefi agree that there will not be a jury trial. You and Wefi unconditionally waive any right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to this License in any way. You and Wefi further agree that in the event of litigation, this section of the License may be filed as an exhibit illustrating a knowing and written consent of any right to a trial by jury.

YOU HAVE THE RIGHT TO OPT OUT OF THIS PROVISION COVERING DISPUTE RESOLUTION BY BINDING ARBITRATION WITHIN 30 DAYS OF INSTALLING THE APPLICATION. IN THE EVENT YOU INSTALL THE APPLICATION AND DO NOT OPT OUT OF THIS PROVISION WITHIN 30 DAYS, YOUR INACTION SHALL BE DEEMED TO BE CONSENT TO THIS PROVISION COVERING DISPUTE RESOLUTION. YOU MAY OPT OF THIS PROVISION BY CONTACTING WEFI AT SUPPORT@WEFI.COM OR BY WRITING TO WEFI, ATTN: LEGAL DEPARTMENT, 1149 S. HILL ST., SUITE H-400, LOS ANGELES, CALIFORNIA 90015. ANY OPT-OUT RECEIVED AFTER THE OPT-OUT DEADLINE (OR, IN THE CASE OF THOSE MAILED, POSTMARKED AFTER THE OPT-OUT DEADLINE) WILL BE INVALID, AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION.

11. GOVERNING LAW

This License shall be deem to take place in the State of California and shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, You and Wefi agree that any cause of action arising out of or relating to the Application or Your use of the Application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

12. JURISDICTIONAL ISSUES; EXPORT CONTROL

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Application for any purposes prohibited by United States law or the law of any country location or jurisdiction where You may be using the Application.

13. U.S. GOVERNMENT RESTRICTED RIGHTS

The Application and documentation have been developed entirely at private expense and are provided as "Commercial Computer Software" or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The manufacturer is Wefi LLC, 1149 S. Hill St., Suite H-400, Los Angeles, CA 90015, USA. The Application was developed fully at private expense. All other use is prohibited. Unpublished-rights reserved under the copyright laws of the United States.

14. THIRD PARTY BENEFICIARIES

Except as explicitly provided in this License or in the Third Party Agreements, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits, or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.

15. INTERNATIONAL TRANSFER OF INFORMATION

The information collected by Wefi through the Application may be transferred to, and maintained on, computers located outside of Your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in Your jurisdiction. If You are located outside the United States and choose to provide information to us through the Application, You should be aware that we may transfer Your information to the United States and process it there. Your consent to this License and Wefi’s privacy policy followed by Your submission of any information represents Your agreement to that transfer.

16. COMPLETE AGREEMENT; GOVERNING LANGUAGE

This License including the documents incorporated herein by reference constitutes the entire agreement between You and Wefi relating to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. Wefi may modify or amend the terms of this License at any time, with or without notice to You, by posting a copy of the modified or amended License available through the Application. You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended License is made available through the Application or the referenced website.

17. NO TRANSFER BY YOU

You may not rent, lease, lend, sublicense, assign or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. Wefi may assign this License without restriction.

18. SEVERABILITY

If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.

19. WAIVER

Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

20. SURVIVAL

Sections 1.2, 3, 4.1, 4.2, 4.3 and 6-20 of this License shall survive termination of the License. Further, any other provisions that by their context are intended to survive the termination of this License shall survive such termination.