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<div class="card card-body" style="font-size: 12px;"> TERMS OF USE<br>
<br> Last updated June 19, 2024<br>
<br> AGREEMENT TO OUR LEGAL TERMS<br>
<br> We are For the Brave LLC, doing business as HotSpot Pass ("Company," "we," "us," "our"), a company registered in Texas, United States at 14594 Deer Valley Drive, Box 606, Carlsbad, TX 76934.<br>
<br> We operate the website http://www.hotspotpass.com (the "Site"), the mobile application HotSpot Pass (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively,
the "Services").<br>
<br>
<br> You can contact us by phone at 3252613659, email at info@hotspotpass.com, or by mail to 14594 Deer Valley Drive, Box 606, Carlsbad, TX 76934, United States.<br>
<br>
<br> These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and For the Brave LLC, concerning your access to and use of the Services. You agree that by accessing the
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.<br>
<br>
<br> Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after
the date such revised Legal Terms are posted.<br>
<br>
<br> The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.<br>
<br>
<br> We recommend that you print a copy of these Legal Terms for your records.<br>
<br>
<br>
<br>
<br> TABLE OF CONTENTS<br>
<br>
<br> 1. OUR SERVICES<br> 2. INTELLECTUAL PROPERTY RIGHTS<br> 3. USER REPRESENTATIONS<br> 4. USER REGISTRATION<br> 5. PRODUCTS<br> 6. PURCHASES AND PAYMENT<br> 7. SUBSCRIPTIONS<br> 8. REFUNDS POLICY<br> 9. PROHIBITED ACTIVITIES<br> 10. USER
GENERATED CONTRIBUTIONS<br> 11. CONTRIBUTION LICENSE<br> 12. MOBILE APPLICATION LICENSE<br> 13. THIRD-PARTY WEBSITES AND CONTENT<br> 14. ADVERTISERS<br> 15. SERVICES MANAGEMENT<br> 16. PRIVACY POLICY<br> 17. TERM AND TERMINATION<br> 18.
MODIFICATIONS AND INTERRUPTIONS<br> 19. GOVERNING LAW<br> 20. DISPUTE RESOLUTION<br> 21. CORRECTIONS<br> 22. DISCLAIMER<br> 23. LIMITATIONS OF LIABILITY<br> 24. INDEMNIFICATION<br> 25. USER DATA<br> 26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES<br> 27. CALIFORNIA USERS AND RESIDENTS<br> 28. MISCELLANEOUS<br> 29. CONTACT US<br>
<br>
<br>
<br>
<br> 1. OUR SERVICES<br>
<br>
<br> The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject
us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.<br>
<br>
<br> The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected
to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).<br>
<br>
<br> 2. INTELLECTUAL PROPERTY RIGHTS<br>
<br>
<br> Our intellectual property<br>
<br>
<br> We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").<br>
<br>
<br> Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.<br>
<br>
<br> The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.<br>
<br>
<br> Your use of our Services<br>
<br>
<br> Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:<br> access the Services; and<br> download or print a copy of any
portion of the Content to which you have properly gained access.<br> solely for your personal, non-commercial use.<br>
<br>
<br> Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.<br>
<br>
<br> If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@hotspotpass.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.<br>
<br>
<br> We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.<br>
<br>
<br> Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.<br>
<br>
<br> Your submissions<br>
<br>
<br> Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.<br>
<br>
<br> Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.<br>
<br>
<br> You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:<br> confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or
transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;<br> to the extent permissible by applicable law, waive any and all moral rights to any such Submission;<br> warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such
Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and<br> warrant and represent that your Submissions do not constitute confidential information.<br> You are solely responsible
for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.<br>
<br>
<br> 3. USER REPRESENTATIONS<br>
<br>
<br> By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration
information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.<br>
<br>
<br> If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).<br>
<br>
<br> 4. USER REGISTRATION<br>
<br>
<br> You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.<br>
<br>
<br> 5. PRODUCTS<br>
<br>
<br> All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.<br>
<br>
<br> 6. PURCHASES AND PAYMENT<br>
<br>
<br> We accept the following forms of payment:<br>
<br>
<br> - Visa<br> - Mastercard<br> - American Express<br> - Discover<br>
<br>
<br> You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method,
and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US
dollars.<br>
<br>
<br> You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right
to correct any errors or mistakes in pricing, even if we have already requested or received payment.<br>
<br>
<br> We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under
the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.<br>
<br>
<br> 7. SUBSCRIPTIONS<br>
<br>
<br> Billing and Renewal<br>
<br>
<br> Subscriptions are not auto renewed. To continue utilizing HotSpot Pass, please visit sa.hotspotpass.com<br>
<br>
<br> Cancellation<br>
<br>
<br> Subscriptions automatically terminate 365 days from purchase. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at
info@hotspotpass.com.<br>
<br>
<br> Fee Changes<br>
<br>
<br> We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.<br>
<br>
<br> 8. REFUNDS POLICY<br>
<br>
<br> All sales are final and no refund will be issued.<br>
<br>
<br> 9. PROHIBITED ACTIVITIES<br>
<br>
<br> You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.<br>
<br>
<br> As a user of the Services, you agree not to:<br> Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission
from us.<br> Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.<br> Circumvent, disable, or otherwise interfere with security-related features of the Services,
including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.<br> Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.<br> Use any information obtained from the Services in order to harass, abuse, or harm another person.<br> Make improper use of our support services or submit false reports of abuse or misconduct.<br> Use the Services in a manner
inconsistent with any applicable laws or regulations.<br> Engage in unauthorized framing of or linking to the Services.<br> Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features,
functions, operation, or maintenance of the Services.<br> Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.<br>
Delete the copyright or other proprietary rights notice from any Content.<br> Attempt to impersonate another user or person or use the username of another user.<br> Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or
"passive collection mechanisms" or "pcms").<br> Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.<br> Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.<br> Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.<br> Copy or adapt the Services' software,
including but not limited to Flash, PHP, HTML, JavaScript, or other code.<br> Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the
Services.<br> Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader
that accesses the Services, or use or launch any unauthorized script or other software.<br> Use a buying agent or purchasing agent to make purchases on the Services.<br> Make any unauthorized use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.<br> Use the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.<br> Sell or otherwise transfer your profile.<br>
<br>
<br> 10. USER GENERATED CONTRIBUTIONS<br>
<br>
<br> The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services,
including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:<br>
<br> The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.<br> You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.<br> You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use
the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.<br> Your Contributions are not false, inaccurate, or
misleading. <br> Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.<br> Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). <br> Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.<br> Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.<br> Your Contributions do not violate any applicable law, regulation, or rule.<br> Your Contributions do not
violate the privacy or publicity rights of any third party.<br> Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.<br> Your Contributions do
not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.<br> Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.<br> Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.<br>
<br>
<br> 11. CONTRIBUTION LICENSE<br>
<br>
<br> You and Services agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).<br>
<br>
<br> By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.<br>
<br>
<br> We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.<br>
<br>
<br> 12. MOBILE APPLICATION LICENSE<br>
<br>
<br> Use License<br>
<br>
<br> If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on
such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to
derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access
or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or
other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or
software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or
any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.<br>
<br>
<br> Apple and Android Devices<br>
<br>
<br> The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to
use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing
any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each
App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty
obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting"
country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be
in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in
these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.<br>
<br>
<br> 13. THIRD-PARTY WEBSITES AND CONTENT<br>
<br>
<br> The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party
Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal
Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the
Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.<br>
<br>
<br> 14. ADVERTISERS<br>
<br>
<br> We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no
other relationship with advertisers.<br>
<br>
<br> 15. SERVICES MANAGEMENT<br>
<br>
<br> We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including
without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.<br>
<br>
<br> 16. PRIVACY POLICY<br>
<br>
<br> We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use
of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.<br>
<br>
<br> 17. TERM AND TERMINATION<br>
<br>
<br> These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.<br>
<br>
<br> If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.<br>
<br>
<br> 18. MODIFICATIONS AND INTERRUPTIONS<br>
<br>
<br> We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.<br>
<br>
<br> We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases
in connection therewith.<br>
<br>
<br> 19. GOVERNING LAW<br>
<br>
<br> These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its
conflict of law principles.<br>
<br>
<br> 20. DISPUTE RESOLUTION<br>
<br>
<br> Informal Negotiations<br>
<br>
<br> To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the
"Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.<br>
<br>
<br> Binding Arbitration<br>
<br>
<br> If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed
by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need
not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Tom Green, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award entered by the arbitrator.<br>
<br>
<br> If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Tom Green, Texas, and the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.<br>
<br>
<br> In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.<br>
<br>
<br> Restrictions<br>
<br>
<br> The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any
other persons.<br>
<br>
<br> Exceptions to Informal Negotiations and Arbitration<br>
<br>
<br> The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.<br>
<br>
<br> 21. CORRECTIONS<br>
<br>
<br> There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.<br>
<br>
<br> 22. DISCLAIMER<br>
<br>
<br> THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.<br>
<br>
<br> 23. LIMITATIONS OF LIABILITY<br>
<br>
<br> IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF
THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.<br>
<br>
<br> 24. INDEMNIFICATION<br>
<br>
<br> You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.<br>
<br>
<br> 25. USER DATA<br>
<br>
<br> We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or corruption of such data.<br>
<br>
<br> 26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES<br>
<br>
<br> Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications
we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.<br>
<br>
<br> 27. CALIFORNIA USERS AND RESIDENTS<br>
<br>
<br> If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.<br>
<br>
<br> 28. MISCELLANEOUS<br>
<br>
<br> These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall
not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on
the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.<br>
<br>
<br> 29. CONTACT US<br>
<br>
<br> In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:<br>
<br>
<br> For the Brave LLC<br> 14594 Deer Valley Drive, Box 606<br> Carlsbad, TX 76934<br> United States<br> Phone: 3252613659 <br> info@hotspotpass.com
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PURCHASE HOTSPOT PASS
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TERMS OF USE
Last updated June 19, 2024
AGREEMENT TO OUR LEGAL TERMS
We are For the Brave LLC, doing business as HotSpot Pass ("Company," "we," "us,"
"our"), a company registered in Texas, United States at 14594 Deer Valley Drive,
Box 606, Carlsbad, TX 76934.
We operate the website http://www.hotspotpass.com (the "Site"), the mobile
application HotSpot Pass (the "App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at 3252613659, email at info@hotspotpass.com, or by
mail to 14594 Deer Valley Drive, Box 606, Carlsbad, TX 76934, United States.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and For the Brave LLC,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms at any time and for any reason. We will alert
you about any changes by updating the "Last updated" date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. REFUNDS POLICY
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. MOBILE APPLICATION LICENSE
13. THIRD-PARTY WEBSITES AND CONTENT
14. ADVERTISERS
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and
logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to: info@hotspotpass.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will
not post, send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission;
warrant that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions; and
warrant and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorized purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue
any products at any time for any reason. Prices for all products are subject to
change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Subscriptions are not auto renewed. To continue utilizing HotSpot Pass, please
visit sa.hotspotpass.com
Cancellation
Subscriptions automatically terminate 365 days from purchase. Your cancellation
will take effect at the end of the current paid term. If you have any questions
or are unsatisfied with our Services, please email us at info@hotspotpass.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
8. REFUNDS POLICY
All sales are final and no refund will be issued.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Services and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Services.
Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
Sell or otherwise transfer your profile.
10. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable by other
users of the Services and through third-party websites. When you create or make
available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services and these
Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
11. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple
Store or Google Play (each an "App Distributor") to access the Services: (1) the
license granted to you for our App is limited to a non-transferable license to
use the application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application license
contained in these Legal Terms or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are not listed on
any US government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g., if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party
beneficiary thereof.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their advertisements and other information in
certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements, and we
have no other relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and processed
in the United States.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Texas applicable to agreements made and
to be entirely performed within the State of Texas, without regard to its
conflict of law principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the American Arbitration Association
(AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in Tom Green, Texas. Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts located
in Tom Green, Texas, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
For the Brave LLC
14594 Deer Valley Drive, Box 606
Carlsbad, TX 76934
United States
Phone: 3252613659
info@hotspotpass.com
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HOTSPOT PASS PERKS
Bell 4 Ranch
UP TO $400 OFF
Full Beef Share
REDEEMABLE 1 TIME
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Bell 4 Ranch
UP TO $400 OFF
Full Beef Share
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Contact Bell 4 Ranch at (517) 420-0771 and provide code revealed when
deal is redeemed. Savings dependent on weight of the animal. - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Bottled Up San Angelo
10% OFF ANY DRINK
Drive-Thru Only
REDEEMABLE 1 TIME
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Bottled Up San Angelo
10% OFF ANY DRINK
Drive-Thru Only
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Drive thru only - Discounts are single use unless otherwise specified.
Please present code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Angelo's Best Funnel Cakes & Churros
FREE CHURRO
1 REDEMPTION PER MONTH
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Angelo's Best Funnel Cakes & Churros
FREE CHURRO
REDEMPTIONS: 1 REDEMPTION PER MONTH
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Cooper's BBQ/LIVE!
BOGO SHIRTS & KOOZIES
Plus FREE Bumper Stickers
REDEEMABLE 1 TIME
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Cooper's BBQ/LIVE!
BOGO SHIRTS & KOOZIES
Plus FREE Bumper Stickers
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Only available during concerts. No purchase necessary. Limit 1 -
Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Blue Knight Defense Solutions
15% OFF PRODUCTS
$25 Off In Person Classes
REDEEMABLE 1 TIME
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Blue Knight Defense Solutions
15% OFF PRODUCTS
$25 Off In Person Classes
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Enter code at checkout on www.blueknightdefense.com - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Audax Woodworks
15% OFF
All Products
REDEEMABLE 5 TIMES
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Audax Woodworks
15% OFF
All Products
REDEMPTIONS: REDEEMABLE 5 TIMES
TERMS: Enter code at checkout on audaxwoodworks.com - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
Sunset Jr on Van Buren
10% OFF
Any Purchase
1 REDEMPTION PER DAY
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Sunset Jr on Van Buren
10% OFF
Any Purchase
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Tacoholics325
10% OFF
Birria Taco Plate
REDEEMABLE 1 TIME
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Tacoholics325
10% OFF
Birria Taco Plate
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please see our Facebook or Instagram pages for location information -
Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Los Gueros Mariscos Y Mas
10% OFF
Ceviche or Aguachile
1 REDEMPTION PER DAY
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Los Gueros Mariscos Y Mas
10% OFF
Ceviche or Aguachile
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Offer valid any regular open date. Excludes Campechana - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
Travelin' Tom's Coffee
BUY 1 BEVERAGE
Get 1 Half Off
1 REDEMPTION PER DAY
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Travelin' Tom's Coffee
BUY 1 BEVERAGE
Get 1 Half Off
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Redeemable in person only at Travelin' Tom's Coffee, San Angelo location
- Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Leos Imports
10% OFF
Any Purchase
1 REDEMPTION PER DAY
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Leos Imports
10% OFF
Any Purchase
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Swipe redeem and present code at register - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Leo's Spotless Detailing
$20 OFF
Full Detail
1 REDEMPTION PER DAY
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Leo's Spotless Detailing
$20 OFF
Full Detail
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Show code in app at time of service - Discounts are single use unless
otherwise specified. Please present code shown when sliding "Redeem". Terms are
subject to change.
EXPIRES: 06/01/2030
Our Partners
Sugar High Bake Shop & Cafe
FREE 5 OZ STUFFED COOKIE
with Sandwich Meal Purchase
REDEEMABLE 1 TIME
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Sugar High Bake Shop & Cafe
FREE 5 OZ STUFFED COOKIE
with Sandwich Meal Purchase
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Bloo Kangaroo Arcade
$5
Free Tokens
REDEEMABLE 1 TIME
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Bloo Kangaroo Arcade
$5
Free Tokens
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Helen's Bistro & Bakery
FREE 24 OZ DRINK
With Sandwich Purchase
REDEEMABLE 1 TIME
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Helen's Bistro & Bakery
FREE 24 OZ DRINK
With Sandwich Purchase
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Valid in store only - Discounts are single use unless otherwise
specified. Please present code shown when sliding "Redeem". Terms are subject to
change.
EXPIRES: 06/01/2030
Glass Threads
25% OFF
Pair of Clay Earrings
1 REDEMPTION PER MONTH
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Glass Threads
25% OFF
Pair of Clay Earrings
REDEMPTIONS: 1 REDEMPTION PER MONTH
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
HG Rentals
10% OFF TRAILER RENTALS
Or Junk Removal Services
REDEEMABLE 1 TIME
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HG Rentals
10% OFF TRAILER RENTALS
Or Junk Removal Services
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Redeem by calling 325-277-9438 and giving the code found when swiping
"Redeem" - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Angelo MMA & Fitness
15% OFF
Membership
REDEEMABLE 1 TIME
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Angelo MMA & Fitness
15% OFF
Membership
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
Our Partners
Luminosity 360
10% OFF
Any Package Booked
REDEEMABLE 1 TIME
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Luminosity 360
10% OFF
Any Package Booked
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please contact Luminosity 360 and give the code revealed after swiping
"Redeem" - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Bombshells Beauty Bar
10% OFF
Boutique Items
REDEEMABLE 1 TIME
VIEW TERMS
Bombshells Beauty Bar
10% OFF
Boutique Items
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
The DRIPBaR San Angelo
FREE B12 SHOT
With Full Drip Purchase
REDEEMABLE 1 TIME
VIEW TERMS
The DRIPBaR San Angelo
FREE B12 SHOT
With Full Drip Purchase
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Western Glow Mobile Spray Tans
$10 OFF
Spray Tans
REDEEMABLE 3 TIMES
VIEW TERMS
Western Glow Mobile Spray Tans
$10 OFF
Spray Tans
REDEMPTIONS: REDEEMABLE 3 TIMES
TERMS: Our advertised prices are based in Christoval, San Angelo, El Dorado and
Wall areas. We are happy to travel to additional areas but will charge .50 per
mile. - Discounts are single use unless otherwise specified. Please present code
shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Pop Up Blooms
10% OFF
Standard Size or Larger Floral Arrangement
REDEEMABLE 1 TIME
VIEW TERMS
Pop Up Blooms
10% OFF
Standard Size or Larger Floral Arrangement
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: If calling in an order, please redeem perk and read the code. - Discounts
are single use unless otherwise specified. Please present code shown when
sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Ranch and Famous
15% OFF
Entire Purchase
1 REDEMPTION PER DAY
VIEW TERMS
Ranch and Famous
15% OFF
Entire Purchase
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Cannot be combined with other discounts - Discounts are single use unless
otherwise specified. Please present code shown when sliding "Redeem". Terms are
subject to change.
EXPIRES: 06/01/2030
Our Partners
Partied Up Event Rentals
15% OFF
Marquee Letter Rentals
1 REDEMPTION PER DAY
VIEW TERMS
Partied Up Event Rentals
15% OFF
Marquee Letter Rentals
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Reedem by calling (325) 238-6550 and give the code found by swiping
"Redeem" - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Balloon Creations by Kourtney
10% OFF
Total Order of Balloon Decor
REDEEMABLE 1 TIME
VIEW TERMS
Balloon Creations by Kourtney
10% OFF
Total Order of Balloon Decor
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please reach out at ballooncreationsbykourtney@gmail.com and give the
code SA Connected to utilize your Connected Pass perk - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Seeds 13 Brazilian Jiu Jitsu
10% OFF
Membership
REDEEMABLE 1 TIME
VIEW TERMS
Seeds 13 Brazilian Jiu Jitsu
10% OFF
Membership
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
Live Oak Testosterone and Weight Loss
FREE B12 SHOT
REDEEMABLE 1 TIME
VIEW TERMS
Live Oak Testosterone and Weight Loss
FREE B12 SHOT
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Present code given upon redemption - Discounts are single use unless
otherwise specified. Please present code shown when sliding "Redeem". Terms are
subject to change.
EXPIRES: 06/01/2030
Glo N One Mini Golf
1/2 OFF
Round of Mini Golf
1 REDEMPTION PER DAY
VIEW TERMS
Glo N One Mini Golf
1/2 OFF
Round of Mini Golf
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Ready-Set-Bump
10% OFF
Bumper Car Rental
REDEEMABLE 2 TIMES
VIEW TERMS
Ready-Set-Bump
10% OFF
Bumper Car Rental
REDEMPTIONS: REDEEMABLE 2 TIMES
TERMS: Please present code to employee - Discounts are single use unless
otherwise specified. Please present code shown when sliding "Redeem". Terms are
subject to change.
EXPIRES: 06/01/2030
Our Partners
Sunset Jr
10% OFF
Any Purchase
1 REDEMPTION PER DAY
VIEW TERMS
Sunset Jr
10% OFF
Any Purchase
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Coaster Babes
20% OFF
Any Item
1 REDEMPTION PER MONTH
VIEW TERMS
Coaster Babes
20% OFF
Any Item
REDEMPTIONS: 1 REDEMPTION PER MONTH
TERMS: Please mention code when placing order - Discounts are single use unless
otherwise specified. Please present code shown when sliding "Redeem". Terms are
subject to change.
EXPIRES: 06/01/2030
The Grind Coffee & Cafe
FREE COFFEE OR SMALL ESPRESSO
With Purchase of Bagel Breakfast Sandwich
REDEEMABLE 1 TIME
VIEW TERMS
The Grind Coffee & Cafe
FREE COFFEE OR SMALL ESPRESSO
With Purchase of Bagel Breakfast Sandwich
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please present code at register when redeemed - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Bell 4 Ranch
UP TO $100 OFF
Half Beef Share
REDEEMABLE 1 TIME
VIEW TERMS
Bell 4 Ranch
UP TO $100 OFF
Half Beef Share
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Contact Bell 4 Ranch at (517) 420-0771 and provide code revealed when
deal is redeemed. Savings dependent on weight of the animal. - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Bell 4 Ranch
UP TO $40 OFF
Quarter Beef Share
REDEEMABLE 1 TIME
VIEW TERMS
Bell 4 Ranch
UP TO $40 OFF
Quarter Beef Share
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Contact Bell 4 Ranch at (517) 420-0771 and provide code revealed when
deal is redeemed. Savings dependent on weight of the animal. - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Teddy Bear Mobile-CJs Party Rentals LLC
$50 OFF
Birthday Party
REDEEMABLE 1 TIME
VIEW TERMS
Teddy Bear Mobile-CJs Party Rentals LLC
$50 OFF
Birthday Party
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: To redeem, please contact 817-382-8595 and read code - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
Our Partners
London Crews Events + Design
4 HOURS FOR PRICE OF 3 HOURS
On Venue Rental
REDEEMABLE 1 TIME
VIEW TERMS
London Crews Events + Design
4 HOURS FOR PRICE OF 3 HOURS
On Venue Rental
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please contact to provide code displayed when redeeming deal - Discounts
are single use unless otherwise specified. Please present code shown when
sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Yoga San Angelo
BUY 1 CLASS GET 1 FREE
Within 30 Days
REDEEMABLE 1 TIME
VIEW TERMS
Yoga San Angelo
BUY 1 CLASS GET 1 FREE
Within 30 Days
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Must register as student on yogasanangelo.com and redeem code in person -
Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Angelo's Best Funnel Cakes & Churros
10% OFF
Entire Order
1 REDEMPTION PER DAY
VIEW TERMS
Angelo's Best Funnel Cakes & Churros
10% OFF
Entire Order
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: - Discounts are single use unless otherwise specified. Please present
code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Teddy Bear Mobile-CJs Party Rentals LLC
10% OFF OUTFIT
At Community Event
REDEEMABLE 1 TIME
VIEW TERMS
Teddy Bear Mobile-CJs Party Rentals LLC
10% OFF OUTFIT
At Community Event
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: To redeem, please present code in-person - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Teddy Bear Mobile-CJs Party Rentals LLC
10% OFF ANIMAL
At Community Event
REDEEMABLE 1 TIME
VIEW TERMS
Teddy Bear Mobile-CJs Party Rentals LLC
10% OFF ANIMAL
At Community Event
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: To redeem, please present code in-person - Discounts are single use
unless otherwise specified. Please present code shown when sliding "Redeem".
Terms are subject to change.
EXPIRES: 06/01/2030
Bell 4 Ranch
UP TO $15 OFF
Eighth Beef Share
REDEEMABLE 1 TIME
VIEW TERMS
Bell 4 Ranch
UP TO $15 OFF
Eighth Beef Share
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Contact Bell 4 Ranch at (517) 420-0771 and provide code revealed when
deal is redeemed. Savings dependent on weight of the animal. - Discounts are
single use unless otherwise specified. Please present code shown when sliding
"Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
London Crews Events + Design
4 HOURS FOR PRICE OF 3 HOURS
On Photo Booth Rental
REDEEMABLE 1 TIME
VIEW TERMS
London Crews Events + Design
4 HOURS FOR PRICE OF 3 HOURS
On Photo Booth Rental
REDEMPTIONS: REDEEMABLE 1 TIME
TERMS: Please contact to provide code displayed when redeeming deal - Discounts
are single use unless otherwise specified. Please present code shown when
sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Luxe Seventy Six Boutique
10% OFF
Single Item
1 REDEMPTION PER DAY
VIEW TERMS
Luxe Seventy Six Boutique
10% OFF
Single Item
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Offer valid in person only - Discounts are single use unless otherwise
specified. Please present code shown when sliding "Redeem". Terms are subject to
change.
EXPIRES: 06/01/2030
BoxDrop Mattress of San Angelo
5% OFF
Total Purchase
1 REDEMPTION PER DAY
VIEW TERMS
BoxDrop Mattress of San Angelo
5% OFF
Total Purchase
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Excludes starting mattress. Cannot be combined with any other
discounts/offers. Please present discount code to employee at time of checkout -
Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Our Partners
BoxDrop Mattress of San Angelo
10% OFF
Sapphire Sleep Mattress
1 REDEMPTION PER DAY
VIEW TERMS
BoxDrop Mattress of San Angelo
10% OFF
Sapphire Sleep Mattress
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: Excludes starting mattress. Cannot be combined with any other
discounts/offers. Please present discount code to employee at time of checkout -
Discounts are single use unless otherwise specified. Please present code shown
when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
Mad Messy
FREE DRINK
With Purchase of Entree
1 REDEMPTION PER DAY
VIEW TERMS
Mad Messy
FREE DRINK
With Purchase of Entree
REDEMPTIONS: 1 REDEMPTION PER DAY
TERMS: One deal per visit - Discounts are single use unless otherwise specified.
Please present code shown when sliding "Redeem". Terms are subject to change.
EXPIRES: 06/01/2030
About Us
DCVFD Factoids:
*Established in 1980
*One of several volunteer departments in Tom Green County
*Located in the southwest portion of the county
*Cross trains and responds with:
-San Angelo Fire Department and EMS
-Texas Forest Service
-Surrounding volunteer fire departments
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TERMS OF USE
Last updated June 19, 2024
AGREEMENT TO OUR LEGAL TERMS
We are For the Brave LLC, doing business as HotSpot Pass ("Company," "we," "us,"
"our"), a company registered in Texas, United States at 14594 Deer Valley Drive,
Box 606, Carlsbad, TX 76934.
We operate the website http://www.hotspotpass.com (the "Site"), the mobile
application HotSpot Pass (the "App"), as well as any other related products and
services that refer or link to these legal terms (the "Legal Terms")
(collectively, the "Services").
You can contact us by phone at 3252613659, email at info@hotspotpass.com, or by
mail to 14594 Deer Valley Drive, Box 606, Carlsbad, TX 76934, United States.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and For the Brave LLC,
concerning your access to and use of the Services. You agree that by accessing
the Services, you have read, understood, and agreed to be bound by all of these
Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms at any time and for any reason. We will alert
you about any changes by updating the "Last updated" date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed of
updates. You will be subject to, and will be deemed to have been made aware of
and to have accepted, the changes in any revised Legal Terms by your continued
use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. REFUNDS POLICY
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENSE
12. MOBILE APPLICATION LICENSE
13. THIRD-PARTY WEBSITES AND CONTENT
14. ADVERTISERS
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Services from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not use
the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service marks, and
logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in
the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES" section below, we grant you a non-exclusive, non-transferable,
revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of
the Services and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set
out in this section or elsewhere in our Legal Terms, please address your request
to: info@hotspotpass.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and
ensure that any copyright or proprietary notice appears or is visible on
posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"), you agree to
assign to us all intellectual property rights in such Submission. You agree that
we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions
through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will
not post, send, publish, upload, or transmit through the Services any Submission
that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying,
abusive, discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to
any such Submission;
warrant that any such Submission are original to you or that you have the
necessary rights and licenses to submit such Submissions and that you have full
authority to grant us the above-mentioned rights in relation to your
Submissions; and
warrant and represent that your Submissions do not constitute confidential
information.
You are solely responsible for your Submissions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of
(a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Services for any illegal or unauthorized purpose; and (7)
your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
All products are subject to availability. We reserve the right to discontinue
any products at any time for any reason. Prices for all products are subject to
change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to
correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed through the Services. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household, or per order. These restrictions may include orders placed by or
under the same customer account, the same payment method, and/or orders that use
the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Subscriptions are not auto renewed. To continue utilizing HotSpot Pass, please
visit sa.hotspotpass.com
Cancellation
Subscriptions automatically terminate 365 days from purchase. Your cancellation
will take effect at the end of the current paid term. If you have any questions
or are unsatisfied with our Services, please email us at info@hotspotpass.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
8. REFUNDS POLICY
All sales are final and no refund will be issued.
9. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which
we make the Services available. The Services may not be used in connection with
any commercial endeavors except those that are specifically endorsed or approved
by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use or copying of
any Content or enforce limitations on the use of the Services and/or the Content
contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,
or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a part
of the Services.
Except as may be the result of standard search engine or Internet browser usage,
use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or other
software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
Use the Services as part of any effort to compete with us or otherwise use the
Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
Sell or otherwise transfer your profile.
10. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable by other
users of the Services and through third-party websites. When you create or make
available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services,
and other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Services and these
Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third
party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms
and may result in, among other things, termination or suspension of your rights
to use the Services.
11. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process, and use any
information and personal data that you provide and your choices (including
settings).
By submitting suggestions or other feedback regarding the Services, you agree
that we can use and share such feedback for any purpose without compensation to
you.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use
the App on such devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Legal Terms. You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or
derivative work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any
revenue-generating endeavor, commercial enterprise, or other purpose for which
it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (7) use the App for creating a product, service, or software that is,
directly or indirectly, competitive with or in any way a substitute for the App;
(8) use the App to send automated queries to any website or to send any
unsolicited commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or
devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple
Store or Google Play (each an "App Distributor") to access the Services: (1) the
license granted to you for our App is limited to a non-transferable license to
use the application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the
applicable App Distributor’s terms of service; (2) we are responsible for
providing any maintenance and support services with respect to the App as
specified in the terms and conditions of this mobile application license
contained in these Legal Terms or as otherwise required under applicable law,
and you acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App; (3) in the
event of any failure of the App to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are not listed on
any US government list of prohibited or restricted parties; (5) you must comply
with applicable third-party terms of agreement when using the App, e.g., if you
have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge and agree
that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Legal Terms,
and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile
application license contained in these Legal Terms against you as a third-party
beneficiary thereof.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other
websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third
parties ("Third-Party Content"). Such Third-Party Websites and Third-Party
Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content
posted on, available through, or installed from the Services, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us blameless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.
14. ADVERTISERS
We allow advertisers to display their advertisements and other information in
certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements, and we
have no other relationship with advertisers.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for
violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are excessive in size
or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be
bound by our Privacy Policy posted on the Services, which is incorporated into
these Legal Terms. Please be advised the Services are hosted in the United
States. If you access the Services from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in the United States, then through your
continued use of the Services, you are transferring your data to the United
States, and you expressly consent to have your data transferred to and processed
in the United States.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL
TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing
civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However, we
have no obligation to update any information on our Services. We will not be
liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You
agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the State of Texas applicable to agreements made and
to be entirely performed within the State of Texas, without regard to its
conflict of law principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations
commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations,
the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The
arbitration shall be commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the American Arbitration Association
(AAA) website. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except where otherwise
required by the applicable AAA rules or applicable law, the arbitration will
take place in Tom Green, Texas. Except as otherwise provided herein, the Parties
may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts located
in Tom Green, Texas, and the Parties hereby consent to, and waive all defenses
of lack of personal jurisdiction, and forum non conveniens with respect to venue
and jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) are excluded from these
Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the
Services be commenced more than one (1) years after the cause of action arose.
If this provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between
the Parties individually. To the full extent permitted by law, (a) no
arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to utilize
class action procedures; and (c) there is no right or authority for any Dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be
illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD
PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents, partners,
and employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Services; (2) breach of these Legal Terms;
(3) any breach of your representations and warranties set forth in these Legal
Terms; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose
of managing the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Services. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby
waive any right of action against us arising from any such loss or corruption of
such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws
in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
27. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Legal Terms and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms
or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Legal Terms and the
lack of signing by the parties hereto to execute these Legal Terms.
29. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please contact us at:
For the Brave LLC
14594 Deer Valley Drive, Box 606
Carlsbad, TX 76934
United States
Phone: 3252613659
info@hotspotpass.com
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