The Fine Print




WHOLE FOODS (AUSTIN)

BOINGO WIRELESS, INC. CUSTOMER AGREEMENT (WITH ACCEPTABLE USE POLICY) AND END USER LICENSE AGREEMENT THIS DOCUMENT CONTAINS THE CUSTOMER AGREEMENTS FOR THE VARIOUS BOINGO SERVICES (WITH ACCEPTABLE USE POLICY) AND THE END USER LICENSE AGREEMENT. PLEASE CAREFULLY REVIEW THE CUSTOMER AGREEMENT (WITH ACCEPTABLE USE POLICY). IF YOU ARE DOWNLOADING AND/OR USING THE BOINGO SOFTWARE, THEN PLEASE ALSO CAREFULLY REVIEW THE END USER LICENSE AGREEMENT. Boingo Wireless, Inc. Customer Agreement (with Acceptable Use Policy) Acceptance of terms Please read the following Boingo customer agreement (the "Agreement") carefully before signing up for a Boingo account and/or using the Boingo wireless Internet access services. This Agreement is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to establish an account and/or use the Boingo services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this agreement, you must not sign up for an account or use the service and must exit the Boingo registration process, if started. For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights. You should print and keep a copy of this Agreement for your future reference. Agreement The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and Boingo Wireless, Inc. ("Boingo" or "we" or "us"). Boingo provides its BOINGO UNLIMITED, BOINGO GLOBAL, BOINGO ASYOUGO, BOINGO MOBILE, BOINGO WI-FI COMBO, and BOINGO SKYPE ACCESS wireless Internet access services, as they may exist from time to time ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with Boingo, and/or by using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other Boingo policies posted on the Boingo website, including the end user license agreement (if you are using the Boingo software), our privacy policy and website terms of use. In the event of any conflict between such terms and this Agreement, the terms of this Agreement shall apply. Supplier. Unless specified otherwise, the Services will be supplied by Boingo Wireless, Inc., a Delaware corporation whose main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA. Payment Obligations and Contact Information You must (i) provide Boingo with accurate and complete billing information including legal name, address, telephone number, and credit or debit card/billing information, and (ii) report to Boingo all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact Boingo's Customer Care Department at 800-880-4117 (from the US and Canada), 001-877-348-8201 (from Mexico), or 00-800-2646-4646 (from locations outside of North America) or by email at support@boingo.com. Charges are billed to your credit or debit cards each month for the applicable service plan and any additional usage or services. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges correctly billed by Boingo. If you do not pay us money you owe us on time, we may suspend or terminate your access to the Services. However, charges will continue to accrue until the account is canceled and collection, and late fees or other similar fees may be added; provided that these late fees and charges will not exceed the applicable legal limits. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Once your order is finalized, you cannot cancel it before the end of the subscription period you have requested, unless our service is not in accordance with this Agreement and that entitles you under normal legal rules to terminate your order. You can prevent your Monthly Subscription from automatically renewing for a further period by notifying us before your present subscription ends in accordance with Section 14(a). Your Monthly Subscription will renew automatically for another subscription period unless you tell us (in accordance with Section 14(a)) before the end of the current subscription period that you do not want your subscription to be renewed, or if we no longer make the Services available. BOINGO ASYOUGO accounts are non-recurring and never renew automatically. BOINGO SKYPE ACCESS. Payment for the Services by customers using "Skype Credit" shall be subject to and governed by the Skype Terms of Service, which can be found at http://www.skype.com/intl/en-gb/legal/terms/voip/#payment_issues. In addition, the following sections of this Agreement do not apply to Boingo Skype Access Customers: Section 2(a), Section 2(b), Section 2(c), Section 2(d), Section 5, Section 6, Section 8, and Section 14(a). BOINGO ASYOUGO. Charges are billed to your credit or debit cards for usage of the Services. Boingo is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges correctly billed by Boingo. All charges are considered valid unless disputed in writing within 60 days of the billing date. Adjustments will not be made for charges that are more than 60 days old. In addition, the following sections of this Agreement do not apply to Boingo AsYouGo Customers: Section 2(b), Section 2(c), Section 2(d), Section 14(a), and Section 14(c). Locations and Usage. Because we do not own or operate all of the access points included in the Service, not all access points to use the Services or enabled venues may be available at all times. BOINGO GLOBAL. Boingo Global is limited to 2,000 minutes of use of the services during any billing cycle month. The total number of minutes that you can use the Service in any billing cycle month is 2,000. If you use more than 2,000 minutes of Services in any billing cycle month, then we may suspend your account until the next billing cycle month, or terminate your Boingo Global account at our discretion. Device Limit. Your use of the Services may be limited with respect to the number and type of devices used to access the Services based on the chart below. For the purposes of this Agreement, “Laptops” are laptop and notebook computers, and “Mobile Devices” are all other portable electronic devices, such as cellular telephones, mp3 players, portable electronic gaming devices, cameras, and VoIP handsets. For avoidance of doubt, Mobile Devices do not include laptop and notebook computers. If you violate the device number and/or type limit, then we may suspend your account until the next billing cycle month, terminate your account, or charge additional fees. BOINGO UNLIMITED: Two (2) total devices allowed. BOINGO GLOBAL: Four (4) total devices allowed. BOINGO ASYOUGO: No limit, but separate AYG charges will be incurred for each unique device connected to the network. BOINGO MOBILE: Two (2) total devices allowed. Only Mobile Devices allowed; Boingo software login required. BOINGO WI-FI COMBO: Four (4) total devices allowed. BOINGO SKYPE ACCESS: No limit. How Your Subscription Is Finalized. Our invitation to you to order a subscription to the Services is not an "offer" by us to sell you a subscription at the prices on the Website. Instead when you complete the registration form, you make an offer to us to buy a subscription, which we can accept or reject. The order is finalized (and a legal contract is created between us) when we send you a confirmatory email accepting your order. If there is a mistake in the subscription pricing on the Website then, when we receive your order we will email you and set out the correct price and give you the opportunity to request a subscription at that price or you may decide not to subscribe. Payment. If payment cannot be charged to your credit or debit card or your charge is returned to Boingo for any reason, Boingo reserves the right to pursue any and all legal remedies to collect the amount owed by you, to suspend or terminate your access to the Boingo service and your account, and to terminate all obligations of Boingo under this Agreement. Input of incorrect information. Boingo cannot accept any liability for any failure to comply with specific instructions stated on the Boingo website or for any incorrect information provided by you. Your Username And Password Upon registration, you will receive a username, password, and account identification number. You will use the password only for access to the Services and not for any other purpose. You are the only authorized user of your Boingo account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. Any breach of this Agreement and any use of the Services by anyone to whom you disclose your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations under this Agreement. Any such use will be paid for by you as set out in this Agreement. You must keep your password confidential at all times so that no one else may access the Services through your account. Please notify Boingo immediately upon discovering any unauthorized use of your account or error in the operation of a password. You agree not to use any automatic method to avoid disconnection due to inactivity; you may not maintain a connection unless actively using it. You also agree not to provide any public information services over a wireless LAN connection. Usernames and passwords are Boingo's property and Boingo reserves the right to alter or replace them at any time in its sole discretion. You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason. Monitoring the Services. Boingo has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Boingo, in its sole discretion, believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers. Our Commitment to Provide the Services. We will use reasonable efforts to provide access to the wireless hotspots for which you have paid. We do not guarantee that wireless access will be available to you at all locations all of the time or that the access will be at any particular bandwidth rate. Accordingly, we are not responsible to you if you cannot access wireless networks and hotspots, or if access is temporary or available bandwidth is lower than expected. IMPORTANT - WHAT WE ARE NOT RESPONSIBLE FOR Except for the Boingo website, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for accessing content via the Services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet. In addition, viruses and other malicious code are common on the Internet and on email. Because we do not control the networks and other equipment that gets you access to the networks, we cannot protect your equipment against viruses and strongly recommend you obtain up-to-date anti-virus and firewall software to protect your equipment. Disclaimer and Limitation of Liability You expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology and Boingo does not make any assurances or warranties relating to such risks. For the avoidance of doubt, Boingo's liability for: (i) death or personal injury resulting from its negligence or that of its servants or agents; (ii) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (iii) fraudulent misrepresentation or (iv) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case. Subject to Section 11(b), in no event shall Boingo and its employees be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising. Subject to Sections 10(b) and 10(c), Boingo's cumulative liability to you in relation to all events occurring in any given period of 12 months for any and all claims relating to your use of the Services and/or licensed programs (whether in contract, tort (including in negligence)) will not exceed an amount equal to 125% of the total amount of service fees paid or payable by you during the one year period preceding the event giving rise to the claim in question. Boingo will not be liable to you for any breach of this Agreement that arises due to any circumstances that Boingo cannot reasonably be expected to control, including any failure in communications and Internet downtime. Acceptable Use Policy All customers of the Services and users of the Boingo website and/or the Boingo software agree to and must comply with this Section 12, which is Boingo's Acceptable Use Policy ("AUP"), and your use of any Services, the Website or software provided by Boingo constitutes your agreement to abide by the terms of this AUP. This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Boingo does not actively monitor the use of the Services under normal circumstances. Similarly Boingo does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. However, Boingo may remove, block, filter, or restrict by any other means any materials that, in Boingo's sole discretion, may be illegal, may subject Boingo to liability or may violate this AUP. Boingo may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of either access to the Services and/or your Boingo account or other actions as detailed below. When you use the Services, the third-party from whom Boingo has obtained the right to access the applicable hotspot at which the Services are being used is an intended third-party beneficiary of this AUP. Without limiting the foregoing, except to the extent expressly set out in this Agreement or with our express written permission (in which case you must comply with any terms relating to such use that we specify), you agree not to use the Services:
  • To transmit any information or written, graphic or photographic material ("Material") (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another's privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
  • To harm, or threaten to harm, minors in any way;
  • To impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Services;
  • To transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • To transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party;
  • To transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • To transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • To disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • To interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • To hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of Boingo or any third party;
  • To intentionally or unintentionally violate any applicable law, regulation or statute including, but not limited to, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • To "stalk" or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent;
  • To resell or advertise to resell the Services without Boingo's authorization; or
  • As a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Boingo requests that anyone who believes that there is a violation of the AUP direct the information to the appropriate contacts set forth in Section 2. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information. Boingo may take any one or more of the following actions, or other actions not listed, at Boingo's sole discretion in response to breaches of the AUP: (i) issue warnings, written or oral; (ii) suspend your account or the Services (as applicable); (iii) terminate your account or the Services (as applicable); (iv) bill you for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to prevent violations and/or to collect damages we are legally entitled to, if any, caused by violations. Copyrights and Trademarks. All copyright, database rights, trademarks and other intellectual property rights in any and all aspects of the Website (including text, graphics, photographs, logos, buttons, icons, images and software (including compilations, underlying source code and applets) and all other material on the Website) is the property of Boingo or its licensors or partners and is protected by U.S. and international intellectual property laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the Website without the express written permission of Boingo is strictly prohibited. Suspension and Termination You may terminate your account at any time and for any reason by providing notice of intent to terminate to Boingo at least 5 business days prior to the end of your billing cycle. Notice may be provided by registered or certified mail, return receipt requested addressed to Boingo Wireless, Inc., Customer Care, 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA; or telephone calls directed to Customer Care at 800-880-4117 (from the US and Canada), 001-877-348-8201 (from Mexico), or 00-800-2646-4646 (from locations outside of North America). Your termination will only be complete upon your receipt of a cancellation confirmation number from Boingo. If a termination notice is received at least 5 business days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 business days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle. Boingo may suspend the operation of the Website and/or the Services for repair or maintenance work or in order to update or upgrade the contents or functionality of the Website from time to time. Without prior notice, Boingo may suspend or terminate this Agreement, your password, your account, and/or or your use of the Services in the event that: (a) you have violated this Agreement or any of the policies applicable to customers; (b) you fail to pay any charges when due; or (c) you (i) have a receiver or administrative receiver appointed, (ii) become subject to an administration order, (iii) become bankrupt or have bankruptcy proceedings commenced; or (iv) are affected in any jurisdiction other than California by any proceedings of substantially similar affect to any of those listed in (i) - (iii) above. Boingo may provide termination notice to you by email or by first class post or courier service to the address you provided for the Services. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service. BOINGO SKYPE ACCESS. Without prior notice, Boingo may suspend or terminate this Agreement and/or or your use of the Services in the event that you have violated this Agreement or any of the policies applicable to customers. The provisions of the following sections of this Agreement will survive termination of this Agreement: 10, 11, 13, and 16. Enquiries or Complaints. If you have any enquiries or complaints about the Website or Services, then please address them to the appropriate contacts set forth in Section 2. BOINGO SKYPE ACCESS. If you are a Boingo Skype Access Customer and you have any enquiries or complaints about the Services, then please address them to Skype Customer Service by email at support@skype.com. Governing Law. For the avoidance of doubt, any contract for the provision of the Services will be deemed to have been concluded in California, United States of America. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of California, United States of America, without giving effect to conflict of laws provisions thereof. Miscellaneous. This Agreement sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. Subject to Section 11(b)(iv), no other representations or terms shall apply to form part of this Agreement. This Agreement and the Privacy Policy, and Boingo's other Customer policies posted on Boingo's website constitute the entire agreement between you and Boingo with respect to your use of the Services. Boingo may revise, amend, or modify this Agreement and any other Customer policies and agreements at any time and in any manner without notice. You should check these policies each time you revisit the Website. All notices and return of the Boingo software and documentation should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA, Attn: Corporate Counsel. End User License Agreement Acceptance of terms Please read the following terms and conditions carefully before installing or using the accompanying Boingo Software. This end user license agreement (the "Agreement") is a legally binding agreement between you (an entity or person) and Boingo Wireless, Inc. By proceeding to download, install and/or use the Boingo Software accompanying this Agreement and related documentation, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this Agreement, you must not install or use the Software and must exit the Boingo registration process. For users registering with Boingo for their own personal use, nothing in this Agreement affects your statutory rights. You should print and keep a copy of this Agreement for your future reference. Agreement Who We Are. Boingo Wireless, Inc. is a Delaware corporation and its main business address is at Boingo Wireless, Inc. 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA ("Boingo", "we" and "us"). Your Rights To Use Boingo Software This section is about how you may use the Boingo Software provided to you, its associated documentation, and any updates thereto (together, we will call these elements the "Boingo Software"). You may use the Boingo Software only for your own personal or internal business purposes, which include accessing and using the wireless Internet access services that may be provided by Boingo from time to time. Boingo may modify the Boingo Software at any time, for any reason, and without providing you with notice of such modification. Modifications will be intended to add functionality, solve bugs or otherwise improve and update the Boingo service. You will not receive hard-copy documentation, technical support, telephone assistance or enhancements or updates to the Boingo Software under this Agreement. We Own All Rights in the Boingo Software. The Boingo Software and the worldwide Intellectual Property Rights in it are owned by Boingo and our licensors. In addition, the Boingo Software, including its structure, organization and source code, is the confidential and proprietary information of Boingo and our licensors. Boingo reserves all rights in and to the Boingo Software that are not expressly granted to you in this Agreement. What You Are Allowed and Not Allowed to Do with the Boingo Software. You may only use the Boingo Software in ways that comply with the law in the jurisdictions in which you use the Boingo Software. Examples of laws which may be relevant to how you use the Boingo Software include rules restricting your rights to copy and use other people's content under copyright law. There are some other things which, because Boingo Software is a valuable asset of our business, you agree not to do. You will not:
  • Take any action to jeopardize, limit or interfere in any manner with Boingo's or its licensors' ownership of or rights with respect to the Boingo Software;
  • Redistribute the Boingo Software to anyone else;
  • Permit other individuals to use the Boingo Software;
  • Modify, translate, reverse engineer, decompile, disassemble the Boingo Software. We do not want to stop you doing these things where the law says you can. Specifically, you may decompile the Boingo Software where necessary to create an interface or API to be used with the Boingo Software but only where you only obtain information which is required to do so and do not use that information for any other purpose (including disclosing any part of it to someone else);
  • Copy the Boingo Software (except for your own back-up or archival purposes);
  • Rent, lease, transfer, encumber, sublicense or otherwise transfer rights to the Boingo Software;
  • Alter or remove any proprietary notices or labels from the Boingo Software, or add any proprietary notices to the Boingo Software;
  • Create derivatives or adaptations of the Boingo Software; or
  • Otherwise use the Boingo Software in a manner not permitted by this Agreement.
You will pay us all our reasonable and foreseeable costs which we incur as a result of your breaking any of the restrictions in the list of bullet points above. Updates and Location Information Updates. The Boingo Software may automatically communicate with Boingo's servers on the Internet to check for updates such as bug fixes, patches, enhanced functions and new versions. Boingo will notify you when updates are available. If you decide to update, you agree that Boingo may download updates to you and install them as part of the Boingo Software. All such updates to the Boingo Software are governed by this Agreement, unless other license terms are provided with the update. Although Boingo takes reasonable steps to provide security for the auto update process, Boingo is not responsible for the failure of such security measures. Location Information. Some versions of the Boingo Software may automatically scan for Wi-Fi access points visible to your device, and then, using this information, triangulate your geographic location in order to provide you pricing information about Boingo hotspots in your area. When you install and use the Boingo Software for the first time, a unique and random key is generated. This key is used to communicate between your instance of the Boingo Software and the central server to ensure the accurate transmission of data and improve the overall accuracy and performance of the Boingo Software. This key contains no personally identifying data. Boingo CAN NOT, DOES NOT and WILL NOT track your location. Any queries to determine location are made in the blind and are not paired with any personally identifiable information. Termination This Agreement is effective from the first date you download or install the Boingo Software. Your right to use the Boingo Software under this Agreement automatically terminates if you: (i) fail to comply with any provisions of this Agreement; (ii) have a receiver or administrative receiver appointed; (iii) become subject to an administration order; (iv) become bankrupt or have bankruptcy proceedings commenced; or (v) become affected in any jurisdiction other than the State of California, United States of America by any proceedings of substantially similar affect to any of those listed in (ii) - (iv) above. You may terminate this Agreement at any time by destroying or returning the Boingo Software, all backup copies and all related materials provided by Boingo, and forwarding to Boingo at the address below a written notice of your election to terminate this Agreement. Upon termination of this Agreement for any reason, all rights granted in this Agreement will immediately cease to exist and you must promptly discontinue all use of the Boingo Software and destroy the Boingo Software and all copies thereof. Sections 3, 7, 8, and 10 of this Agreement will survive termination of this Agreement. Limited Warranty Boingo warrants that the Boingo Software will for a period of 90 days after delivery by Boingo (the "Warranty Period"), operate in all material respects in accordance with related documentation supplied with the Boingo Software. If the Boingo Software does not operate in that way during the Warranty Period, you should notify us and we will at our option either replace the Boingo Software or provide you with a full refund for subscription fees paid. Software has bugs. While we will monitor the Boingo Software and try to fix bugs that we spot or are notified to us, you accept that we cannot guarantee that the Boingo Software will be bug-free or will work all the time. IMPORTANT: THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND BOINGO DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. IF YOU HAVE CONCERNS YOU SHOULD NOT USE THE BOINGO SOFTWARE OR SERVICE. WE CANNOT GUARANTEE THAT YOUR USE OF THE WIRELESS SERVICES THROUGH BOINGO, INCLUDING THE CONTENT OR COMMUNICATIONS TO OR FROM YOU, WILL NOT BE VIEWED BY UNAUTHORISED THIRD PARTIES. Exclusions and Limitations Except for certain products and services specifically identified as being offered by Boingo, Boingo does not control any materials, information, products, or services on the Internet. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Boingo has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the services and the Internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet. Boingo's liability for; (i) death or personal injury caused by Boingo's negligence or the negligence of Boingo's employees or agents; and/or (ii) fraudulent misrepresentation, is not excluded or limited by this Agreement, even if any other term of this Agreement would otherwise suggest that this might be the case. Subject to Section 8(b), and to the fullest extent permitted by law, Boingo does not accept any liability under or in relation to this Agreement (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any of the following. For the purposes of this Section the term "loss" includes a partial loss or reduction in value as well as complete or total loss. IF YOU USE THE BOINGO SOFTWARE FOR YOUR OWN PRIVATE USE, SOME OF THESE EXCLUSIONS WILL NOT APPLY TO YOU.
  • Loss of profits;
  • Loss of sales;
  • Loss of revenue;
  • Loss of any software or data;
  • Loss of use of hardware, software or data;
  • Wasted management or other staff time; and
  • Indirect, consequential or special loss.
Subject to Sections 8(b) and 8(c), Boingo's total aggregate liability arising from or in connection with this Agreement and in relation to which anything that Boingo may have done or not done in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited in all cases to an amount equal to 125% of the total amount of fees paid or payable by you to Boingo during the one year period preceding the event giving rise to your claim. Export You may not download, use, or otherwise export or re-export the Boingo Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By installing or downloading the Boingo Software, you represent and warrant that you are not located in, under the control of or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and not to export or re-export the Boingo Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party will obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Boingo Software from the U.S. U.S. GOVERNMENT RESTRICTED RIGHTS. The Boingo Software is "commercial computer software" pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Use, duplication or disclosure of the Boingo Software is subject to the restrictions set forth in DFAR Section 227.7202 for military agencies, and FAR Section 12.212 for civilian agencies, and in any successor regulations thereto. Miscellaneous. This Agreement sets out all of the terms that have been agreed between Boingo and you in relation to the subjects covered by it. This Agreement is governed by the laws of the State of California, United States of America, and without giving effect to the conflict of laws provisions thereof, and both parties submit to the exclusive jurisdiction of the State and Federal courts located in Los Angeles County, California, United States of America in relation to any dispute concerning this Agreement, but Boingo is also entitled to apply to any court worldwide for injunctive and other remedies in order to protect or enforce its Intellectual Property Rights. All notices and return of the Boingo Software and documentation should be delivered to: Boingo Wireless, Inc., 10960 Wilshire Blvd. Suite 800, Los Angeles, CA 90024, USA, Attn: Corporate Counsel.






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