IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT CLICK THE “ACCEPT” BUTTON, DOWNLOAD OR INSTALL THIS SOFTWARE CLIENT, OR USE THE SERVICE.
BY USING THIS SERVICE YOU AGREE THAT IPASS MAY COLLECT AND USE CERTAIN PERSONAL AND LOCATION INFORMATION FOR BILLING, SUPPORT, MARKETING, UPDATE AND SERVICE ENHANCEMENT PURPOSES.
SERVICE. Open Mobile (the “Service”) is a wireless connectivity service provided by iPass Inc. (“iPass”) which provides Internet connectivity for smartphones, tablets, and laptops to the iPass global commercial Wi-Fi network. These Terms of Service and any other rules or policies posted on the iPass Website or referred to in these Terms of Service set forth the legally binding terms governing your use of the Service. Please read these Terms of Service carefully before clicking the “Accept” button and/or using the Service as this forms a legally binding agreement between you and iPass. By clicking “Accept” and/or using the Service you agree that you are over the age of eighteen (18) and further agree to be bound by these Terms of Service.
In order to access the Service you will need a compatible laptop, tablet, smartphone and or other device with embedded WI-FI technology (a “Device”). It is your responsibility to ensure that your Device(s) is compatible with the Service. You agree that you are solely responsible for any fees associated with the use of the Service on your selected Device(s). Further, you must install all Service updates within ninety (90) days after their published date or you may lose certain functionality of the Service. iPass reserves the right and you agree to allow iPass to automatically download updates to your Device(s) as needed. From time to time, and in iPass’ sole discretion, iPass may need to temporarily suspend the Service in order to perform various updates. iPass intends to notify you in advance of such scheduled updates.
SERVICE LICENSE. Subject to these Terms of Service, iPass hereby grants you a non-exclusive, non-transferable, terminable right to install and use the Service on up to four (4) Devices for your own personal and business use. You acknowledge that the Service and its related software contain the valuable secrets of iPass and you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of, or otherwise attempt to derive the source code of, the Service and its software, whether in whole or in part. You will not use, reproduce, modify, prepare derivative works of, distribute, sublicense, loan, sell, or otherwise transfer the Service and its software in any manner or for any purpose except as expressly permitted herein. iPass will retain all title, copyright and other proprietary and intellectual property rights in and to the Service and its software, and any other technology, services, or materials that iPass may provide to you hereunder or in conjunction with the Service. All rights in and to the foregoing not expressly granted to you in this Agreement are reserved by iPass. In particular, but without limiting the generality of the foregoing, no right to or license in the source code of the Service and its software is granted hereunder. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Service and its software. Further, you agree that you will not: (1) resell any part of the Service; (2) share your Service connection with anyone; or (3) access the Service simultaneously through the use of multiple devices.
ACCEPTABLE USE. You agree that you will not use the Service in a manner contrary to iPass’ acceptable use policy located at http://www.ipass.com/wp-content/uploads/2010/01/Acceptable-Use-Policy.pdf and incorporated herein by reference. iPass reserves the right to update its acceptable use policy from time to time and without formal notice. It is your responsibility to periodically review the acceptable use policy. iPass reserves the right to investigate any breach and or suspected breach of this acceptable use policy. iPass may suspend or terminate the Service if, in its sole discretion, it suspects that you have violated this policy.
PRIVACY. You agree to the terms of the iPass privacy policy located within this application and also found on the iPass website at http://www.ipass.com/privacy-policy/. You accept that certain uses of the data gathered by iPass as a result of your use of the Service are necessary to provide the Services to you and accordingly, if you withdraw your consent for iPass to use your data as is detailed in its Privacy Policy, your use of the Service may be terminated. If you use this Service through an employer sponsored program, your employer will have the ability to view your usage history, including but not limited to how long you used the Service and your location when accessing the Service. If you do not agree to your employer having access to this information, do not use this Service.
TERM AND TERMINATION. These Terms of Service shall be effective until terminated. iPass may terminate or suspend your use of the Service, without prior notice: (1) if it believes, in its sole discretion, that you are in breach of these Terms of Service; (2) if iPass decides to stop providing the Service; or (3) for iPass’ convenience. Upon termination of your use of the Service, you shall cease all use of the Service and will uninstall this software client from your Device(s). iPass will not be liable to you and/or any third party for compensation, indemnity or damages of any sort as a result of a termination of the Service in accordance with these terms.
WARRANTY AND DISCLAIMERS. By its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. iPass shall not be responsible for any damages suffered by you and/or any person as a result of obtaining Internet access. iPass exercises no control whatsoever over the content accessed by you when connected to the Internet.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IPASS DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, OR BY ANY IPASS EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND. IPASS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. IPASS CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION or STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. THE SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE IPASS NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN OR OUTSIDE THE DIRECT CONTROL OF IPASS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IPASS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. NOTWITHSTANDING, IPASS’ TOTAL LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) FOR ANY DIRECT DAMAGES ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNT PAID BY YOU FOR THE SERVICE WITHIN 30 DAYS OF THE DATE GIVING RISE TO THE CLAIM; OR (II) $5.00. SOME JURISDICTIONS DO NOT ALLOW FOR A LIMITATION OF LIABILITY AS CONTEMPLATED HEREIN SO THIS LIMITATION MAY NOT APPLY TO YOU.
INDEMNITY. You agree to indemnify, defend and hold harmless iPass and its officers, directors, employees, agents, successors and assigns from and against any loss, liability or claim, including claim(s) for reasonable attorney’s fees, brought by any third party and arising from: (a) your infringement of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy through use of the Service; (b) your violation of any applicable law, statute, ordinance or regulation when using the Service; (c) violation of iPass’ acceptable use policy; or (d) material breach of these Terms of Service.
THIRD PARTIES. Your use of the Service may also be governed by terms and conditions of: (i) the on-line store through which you obtained the Service; (ii) the manufacturer of your Device; and (iii) any applicable third party content and service providers, including the Google Maps Terms of Use: http://www.google.com/intl/en/policies/terms/. Such third party agreement(s), if any, shall not limit, encumber or otherwise restrict iPass’ rights and remedies and/or your obligations under these Terms of Service.
NOTWITHSTANDING, IF YOU ARE AN EMPLOYEE OF AN ORGANIZATION WHICH HAS A DIRECT RELATIONSHIP WITH IPASS GOVERNING THE USE OF THE SERVICE SOME OF THESE TERMS AND CONDITIONS MAY BE SUPERSEDED BY THE TERMS AND CONDITIONS OF THE AGREEMENT(S) IN PLACE BETWEEN IPASS AND YOUR EMPLOYER. PLEASE CHECK WITH YOU EMPLOYER IF YOU HAVE ANY QUESTIONS.
AMMENDMENTS. iPass may, in its sole discretion, make amendments to these Terms of Service. Any such amendment shall be effective upon publication and you are responsible for regularly checking these Terms of Service for any such updates.
ASSIGNMENT. You may not assign these Terms of Service, the use of the Services or your rights and obligations under these Terms of Service without the prior written consent of iPass. Any such assignment shall be void.
SURVIVAL. The following sections shall survive the termination of these Terms of Service: Indemnity; Limitation of Liability; Warranty and Disclaimers; Choice of Law; Privacy, and Acceptable Use.
SEVERABILITY. If any provision of these Terms of Service is held to be invalid, illegal or unenforceable by any court or other competent tribunal then the remaining provisions of these Terms of Service shall remain in full force and effect.
CHOICE OF LAW. The laws of California shall govern the construction and enforceability of these Terms of Service. You agree that any action arising under or relating to these Terms of Service shall lie within the exclusive jurisdiction of the Courts located in San Mateo County, California, USA. Each party hereby submits to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service.
ENTIRE AGREEMENT. These Terms of Service constitute the entire agreement between the parties with regard to the Services provided hereunder. All prior agreements, proposals, representations and other understandings whether oral or written, are superseded in their entirety by these Terms of Service.
NO WAIVER. No alteration or modification of these Terms of Service will be valid unless made in writing and signed by iPass. In the event of a conflict between these Terms of Service and any terms and conditions or statements contained in any document related to the Services, these Terms of Service will control.
iPass Contacts: Support - support@ipass.com
Effective as of: 06.04.13