PLEASE READ THE FOLLOWING infinit technologies USER AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE SIGNING UP FOR AN infinit technologies ACCOUNT OR USING THE infinit technologies WIFI SERVICES. THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (AN ENTITY OR PERSON) AND infinit technologies, LLC. BY PROCEEDING TO ESTABLISH AN ACCOUNT AND/OR USE THE infinit technologies WIFI 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 SERVICES. If you agree with the Agreement, please click on the “I agree to this User Agreement” button provided at the end of this Agreement and the “I agree to this Privacy Policy” button. USER AGREEMENT Last Modified – November 11, 2020 4:19 PM
- Terms of Agreement The terms and conditions of this Agreement govern the relationship between you ("User" or "you") and infinit technologies, LLC ("infinit technologies"). infinit technologies provides its location specific wifi internet access services for specified increments of time ("Services"), to Users who establish an account. By establishing or using an account with infinit technologies, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other infinit technologies policies posted on the infinit technologies website. Please note that infinit technologies does not have absolute control over the actions taken by you, therefore all information submitted by you, knowingly or otherwise, in the public web domain and its consequences are your responsibility. Please note that when you access the infinit technologies wifi services that infinit technologies may collect the information that you provide knowingly and will also collect information using methods and technologies that operate without the your knowledge. (a) Information you provide to infinit technologies. In order for you to use the infinit technologies WiFi services you may be required to provide infinit technologies with personally identifiable information including, an active email address, an active mobile phone number, gender, home address, date of birth and all other personally identifiable information appearing on the subscription page. Furthermore, you are required to provide additional information such as credit card related information or the equivalent to purchase the infinit technologies services.(b) Information infinit technologies will collect through methods and technologies. infinit technologies will collect and store information about your computer hardware, software, IP addresses, system specifications, online activities and usage patterns. Therefore, the use of infinit technologies services requires you to allow, by way of example, cookies and web beacons.
All information we gather about you may be used to fulfill our legitimate business objectives, including reselling such information to third parties. The user agrees and acknowledges that in order for infinit technologies to provide its fee based services at the agreed upon price per hour, that infinit technologies may enter into third party business
relationships where we share and sell, in whole or in part, personal information records of our customers. The use of such information we share with third parties may be used for direct and indirect advertisements and/or marketing campaigns carried out by such parties and may include email advertisements and text message advertisements. infinit technologies does not grant permission for third parties to misuse personal information and in the event that you determine that your information is being used, you will be solely responsible for contacting the appropriate personnel at such third party companies. 2. PAYMENT OBLIGATIONS. You must (i) provide infinit technologies with accurate and complete personal information including legal name, address, and telephone number. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact infinit technologies's Help Desk (see website for details). All charges are considered valid unless disputed in writing within 45 days of the billing date. Adjustments will not be made for charges that are more than 45 days old. Charges are billed to your credit cards by infinit technologies's 3rd party credit card billing processor, on behalf of the access point or enabled venue. infinit technologies does not record or store your credit card and billing information. infinit technologies is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by the 3rd party merchant processor. 3. LOCATIONS AND SUBSCRIPTION PERIOD. infinit technologies wifi roaming services may only be available at select enabled venues within the infinit technologies network. infinit technologies wIfI internet services are limited to the time period set forth in the subscription sign up page and subsequent subscription charges and subscription time periods are subject to change. 4. YOUR USERNAME AND PASSWORD; SECURITY. If applicable, upon registration, you will select or receive a username and password. You are the only authorized user of your infinit technologies account, and your use of your account must comply with this Agreement. You should keep your password confidential so that no one else may access the Services through your account. Please notify infinit technologies immediately upon discovering any unauthorized use of your account. You are not allowed to log in to infinit technologies WiFi using the same username from multiple devices simultaneously. In some locations the system may record your device which you use to log in to the system at the first time and may block the connection from any other devices, even if you log out from the network with that device. 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 infinit technologies's property and infinit technologies may alter or replace them at any time. 5. MONITORING THE SERVICES. infinit technologies has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if infinit technologies, 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 Users. 6. WARRANTY DISCLAIMER. EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY infinit technologies, infinit technologies 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. infinit Technologies, LLC 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.
LIMITATION OF LIABILITY. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. infinit technologies DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. infinit Technologies, LLC MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND USER WAIVES ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED BY OR THROUGH infinit Technologies DIRECTLY OR INDIRECTLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND infinit technologies DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY infinit technologies OR ITS REPRESENTATIVES WILL CREATE A WARRANTY. infinit technologies AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET, INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, infinit Technologies CUMULATIVE LIABILITY TO ANY USER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS WILL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD PRECEDING THE ACCRUAL OF THE CLAIM.
INDEMNIFICATION. You agree, at your expense, to defend and hold harmless infinit technologies and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
ACCEPTABLE USE POLICY. All Users of the Services and users of the infinit technologies website and/or the infinit technologies software agree to and must comply with this section 8, which is infinit technologies's Acceptable Use Policy (AUP), and your use of any Services, website or software provided by infinit technologies 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. infinit technologies does not actively monitor the use of the Services under normal circumstances. Similarly infinit technologies 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,
infinit technologies may remove, block, filter, or restrict by any other means any materials that, in infinit technologies's sole discretion, may be illegal, may subject infinit technologies to liability or may violate this AUP. infinit technologies 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 infinit technologies account or other actions as detailed below. When a User uses the Services, the third-party from whom infinit technologies has obtained the right to access the applicable wifi hotspot at which the Services are being used is an intended third-party beneficiary of this AUP. Without limiting the foregoing, you agree not to use the Services to: (i) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (ii) harm, or attempt to harm, minors in any way; (iii) impersonate any person or entity or falsely state or otherwise 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;
(iv) transmit any material (by uploading, posting, email or otherwise) 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); (v) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) 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; (vii) 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; (viii) 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;
(ix) 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; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, 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; (xi) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; (xii) resell the Services without infinit technologies's authorization;
(xiii) use the Services for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server. infinit technologies requests that anyone who believes that there is a violation of the AUP direct the information to us. 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. infinit technologies may take any one or more of the following actions, or other actions not listed, at infinit technologies's sole discretion in response to complaints: (i) issue warnings, written or oral; (ii) suspend the User's account; (iii) terminate the User's account; (iv) bill the User or user for administrative costs and/or reactivation charges, with a minimum administrative cost; or (v) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations. 10. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account. 11. COPYRIGHTS AND TRADEMARKS. All content included on infinit technologies's website, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of infinit technologies or its licensors or partners. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the infinit technologies website without the express written permission of infinit technologies is strictly prohibited.
Without prior notice, infinit technologies may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if infinit technologies, in its sole discretion, believes you have violated this Agreement or any of the policies applicable to Users.. infinit technologies may provide termination notice to you by email to the address you provided for the Services. All notices to you will be deemed effective on the day of electronic mailing.
You and infinit technologies agree that any legal disputes or claims arising out of or related to the Agreement that cannot be resolved informally shall be submitted to binding arbitration in Minnesota. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules (a copy of which can be obtained here), or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding. YOU ACKNOWLEDGE AND AGREE THAT YOU AND infinit technologies ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
JURISDICTION. infinit technologies, LLC is an American company with headquarters in Minnesota. CONSEQUENTLY, BY USING THE infinit technologies SERVICES, YOU AGREE THAT IN ALL MATTERS RELATING TO THIS SERVICE YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA AS APPLICABLE, AND FURTHER THAT YOU SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF MINNESOTA.
The provisions of the following sections of this Agreement will survive termination of this Agreement 4, 6, 7, 8, 9, 11 and 12, 13, 14.