Franco Hotspot Terms & Conditions
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This free hotspot provides a wireless network that allows you to connect to the Internet. You must have a wireless-enabled device to connect to this hotspot.
You may use the technology provided to you by this hotspot for the sole purpose of using the free service as described here. You must immediately notify the owner of any unauthorized use of the free service or any other security breach. We will give you an IP address each time you access the free hotspot, and it may change. You shall not program any other IP or MAC address into your device that accesses the free hotspot. You may not use the free service for any other reason, including reselling any aspect of the free service. Other examples of improper activities include, without limitation:
attempting to break security, access, tamper with or use any unauthorized areas of the free service;
removing any copyright, trademark or other proprietary rights notices contained in or on the free service;
attempting to collect or maintain any information about other users of the free service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
logging onto the free service under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as SPAM or chain letters to other users or otherwise interfering with other user's enjoyment of the service;
transmitting any viruses, worms, defects, Trojan Horses or other items of a destructive nature; or
using the free service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
Changes to Terms of Service and Termination
We may modify or terminate the free service and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any user or any third party. Please review these Terms of Service from time to time so that you will be apprised of any changes
We reserve the right to terminate your use of the free service, for any reason, and without notice. Upon any such termination, any and all rights granted to you by this hotspot owner or the Franco American Social Club shall terminate.
You understand that the free service, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. While the hotspot owner and the Franco American Social Club use commercially reasonable efforts to provide a secure service, we cannot guarantee the effectiveness of our efforts. We will not be liable to you or any other party for any lack of security that may result from your use of the free service.
You agree that you are responsible for providing security measures that are suited for your intended use of the free service. For example, you shall take full responsibility for taking adequate measures to safeguard your data from loss. Also, other than the technology provided by the Franco American Social Club, you must provide all equipment, technology and software to use the free service.
The hotspot owner or the Franco American Social Club do not control and is not responsible for data, content, services, or products that you access or download through the free service. We may, but are not obliged to, block data transmissions to protect the owner, the Franco American Social Club, or the public.
Disclaimer of Warranties
The hotspot owner and the Franco American Social Club disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the free service. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the free service.
THE FREE SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE FREE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE OWNER, THE FRANCO AMERICAN SOCIAL CLUB, THEIR SUPPLIERS AND THEIR LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE OWNER, THE FRANCO AMERICAN SOCIAL CLUB, THEIR SUPPLIERS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FREE SERVICE. THE OWNER, THE FRANCO AMERICAN SOCIAL CLUB, THEIR SUPPLIERS AND THEIR LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE FREE SERVICE. THE OWNER, THE FRANCO AMERICAN SOCIAL CLUB, THEIR SUPPLIERS AND THEIR LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FREE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE FREE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE FREE SERVICE.
YOU UNDERSTAND AND AGREE THAT (A) THE FREE SERVICE WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE FREE SERVICE WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED (C) THE OWNER AND THE FRANCO AMERICAN SOCIAL CLUB HAVE NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE FREE SERVICE, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE FREE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE FRANCO AMERICAN SOCIAL CLUB, THEIR SUPPLIERS OR THEIR LICENSORS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE FREE SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE OWNER, COOVA, THEIR SUPPLIERS OR THEIR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE FREE SERVICE, FROM INABILITY TO USE THE FREE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE FREE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FREE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FREE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE FREE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE FREE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE FREE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE FREE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify the owner, the Franco American Social Club, their suppliers and licensors from and against any third party claim arising from or in any way related to your use of the free service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.