Terms of Service- WifiLinx Users

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

Free WifiLinx Hotspots, provided NowCrowd, Inc. DBA WifiLinx

Free WiFi service provided by NowCrowd, Inc. DBA WifiLinx is a free WiFi service offered throughout the United States “WifiLinx” The WiFi services are provided by NowCrowd, Inc. DBA WifiLinx, PO Box 1067, Deer Park, WA 99006 (702) 441-0123, and their merchant partners throughout the United States.

By using the WifiLinx hotspot service, you agree to be bound by the terms and conditions below (the “WiFi Terms of Service”). In addition to the language below, the WiFi Privacy Policy. Except as provided in “Disclaimer of Warranties” below, nothing in these Terms will be deemed to confer any third-party rights or benefits.

If you choose to use other services (such as an application or website) while using This WiFi, your use of those services will be governed by the terms and conditions provided to you in association with those services.

Privacy and Security

We may collect information about your usage of This WiFi, such as when and for how long you use the network and the frequency and size of data transfers. We may also collect information about the geographic locations of This WiFi access points through which you connect to the WifiLinx network. For more information about how we collect, use and share information. You acknowledge and agree to submit your mobile telephone number or data submitted through the Facebook API login process for marketing purposes. By using the WiFi network, you voluntarily are providing us with your mobile telephone number and email address in order to receive digital coupons, merchant offers and daily deals from network merchant WiFi providers. You understand that you may opt out of this service at any time by indicating such through the opt out processes provided within the communications.

You understand that This WiFi network, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception and may be accessed by others. We will not be liable to you or any other party for any lack of security that may result from your use of This WiFi network, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device. You should use good judgment and not transmit sensitive data over this WiFi network.

These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.

Your Responsibilities; Proper Use

You must have a wireless-enabled smartphone or tablet device to connect to This WiFi.

We will assign you a temporary IP address each time you access This WiFi. You may not program any other IP or MAC address into your device that accesses This WiFi.

You may not use This WiFi for improper activities. Examples of improper activities include, without limitation:
1. modifying, adapting, translating, or reverse engineering any portion of This WiFi;
2. reselling, renting, sharing or distributing any aspect of This WiFi;
3. attempting to break security, access, tamper with or use any unauthorized parts of This WiFi or any third party devices, accounts, equipment or networks;
4. removing any copyright, trademark or other proprietary rights notices contained in or on This WiFi;
5. attempting to collect or maintain any information about other users of This WiFi (including usernames and/or email addresses) or other third parties for unauthorized purposes;
6. logging onto This WiFi under false or fraudulent pretenses;
7. creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other users’ enjoyment of This WiFi;
8. using This WiFi to transfer technology, software or other materials in violation of applicable export laws and regulations;
9. transmitting content that falsely expresses or implies that it is sponsored or endorsed by Google Fiber, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;
10. transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
11. using This WiFi to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
12. using This WiFi for any unlawful, harassing, abusive, criminal or fraudulent purpose.
You are responsible for your conduct and the conduct of anyone who uses this WiFi via your device. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect WifiLinx Inc. and their merchant partners or any other person from harm).

Termination

We reserve the right to terminate your use of this WiFi network, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by NowCrowd, Inc. DBA WifiLinx to you will terminate.

Content Disclaimer

NowCrowd, Inc. DBA WifiLinx does not control and is not responsible for third-party data, content, services, or products that you access or download through this WiFi hotspot network. WifiLinx may, but is not obliged to, block data transmissions to protect this WiFi network, or the public.

Disclaimer of Warranties

NowCrowd, Inc. DBA WifiLinx and their merchant network partners, their employees, affiliates, suppliers or licencors disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operations or availability of information or material displayed in or accessible through This WiFi network. NowCrowd, Inc. DBA WifiLinx and their merchant network partners disclaim any responsibility for the deletion, failure to store, non-delivery, or untimely delivery of any information or material. NowCrowd, Inc. DBA WifiLinx and their network partners disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through This WiFi network.

YOU UNDERSTAND AND AGREE THAT (A) THIS WiFi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THIS WiFi, (C) E-Pay WiFi HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THIS WiFi, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS WiFi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Without limiting the foregoing, under no circumstances will NowCrowd, Inc. DBA WifiLinx and their network partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnity

You agree to hold harmless and indemnify NowCrowd, Inc. DBA WifiLinx and their network partners from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of This WiFi network, 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. In such a case, NowCrowd, Inc. DBA WifiLinx will provide you with written notice of such claim, suit or action.

Copyright Issues

We respond to notices of alleged copyright infringement and otherwise comply with the U.S. Digital Millennium Copyright Act.

Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and NowCrowd, Inc. DBA WifiLinx agree to submit to the exclusive jurisdiction of the courts located within Spokane County, Washington to resolve any legal matter arising from these Terms or this WiFi network. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms (including WifiLinx’s Terms of Service-Merchants) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by NowCrowd, Inc. DBA WifiLinx