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The paragraphs below
are the terms and conditions ("Terms")
for JoVoGo Communications Hot Zones ("Portal"
or "Hot Zone") directory services (the
"Service") supplied by JoVoGo Communications,
LLC. . ("JoVoGo", "us", "our"
or "we") to you (the "User",
"Subscriber", or "You"). JoVoGo
Communications is incorporated in the state of
Louisiana, USA and is located at 10604 Coursey
Blvd, Baton Rouge, LA.
JoVoGo Communications, LLC. has granted you the
ability to access and browse sites located on
the JoVoGo Communications Hot Zone or any
other public site accessible for high speed wireless
Internet access is provided to you "as is"
by us. JoVoGo also makes available the ability
to purchase the right to access the entire Internet
via the Hot Zone.
By accessing and browsing the above Web sites
via an 802.11b/g-compatible computer, card and/or
device (collectively, the "Device")
or by purchasing rights to use the Hot Zone service
and accessing any other site on the Internet,
you are agreeing to the terms and conditions contained
herein, as they may be changed by JoVoGo from
time to time. If you decide to purchase the right
to access the entire Internet via this portal,
you will be required to agree to additional terms
and conditions contained in the JoVoGo Communications
Hot Zone Service Agreement.
1. Use of Service
Reproduction, retransmission, dissemination or
resale of the Service is prohibited without prior
written contractual arrangements with us and any
required regulatory approvals. You are responsible
for the purchase and maintenance of any additional
hardware, software and/or Internet access from
your Device required to use the Service.
2. No Unlawful or Prohibited Use
As a condition of your use of the Service, you
will not use the Device or Service for any purpose
that is unlawful or prohibited by these terms
and conditions. You may not use the Service in
any manner that could damage our property or others'
property, or interferes with, harms or disrupts
our system or other operators' systems or other
users. You will comply with all laws while using
the Service and you will not transmit any communication
or data that would violate any laws, court order,
or regulation, or would likely be offensive to
the recipient. You agree to cooperate with us
in any fraud investigation and to use any fraud
prevention measures we prescribe.
3. Device/Availability/Interruption
A Device is required to enable the limited high
speed wireless Internet access service described
above to operate. You are responsible for ensuring
that your Device is compatible with the Service
and meets federal standards. The availability
and performance of the Service is subject to all
memory, storage and other limitations in the Device.
Service is available to your Device only when
it is within the operating range of the Hot Zone
or of an operator with which JoVoGo has an applicable
roaming agreement. Service access location lists,
maps, and/or links to public sites accessible
free of charge from certain Hot Zone service locations
may be updated from time to time; actual Service
coverage, locations and quality may vary. Service
is subject to unavailability, including unavailability
due to emergencies, collocation failures, transmission
and equipment limitations, or maintenance and
repair, and may be interrupted, refused, limited,
or curtailed. JoVoGo is not responsible for data,
messages or pages that you may lose or that become
misdirected because of interruptions or performance
issues with the Service or wireless communications
networks more generally. Network speed is no indication
of the speed at which your Device or the Service
sends or receives data. Actual network speed will
vary based on Device configuration, compression
and network congestion. The accuracy and timeliness
of data received is not guaranteed; delays or
omissions may occur.
4. Content Disclaimer
JoVoGo is not a publisher of third-party data,
information, text or other material ("Content")
that can be accessed through the Service, and
is not responsible for any opinions, advice, statements,
services or other information provided by third
parties and accessible through the Service. You
are responsible for evaluating such Content. JoVoGo
does not guarantee the accuracy, completeness
or usefulness of information that is obtained
through the Service, and delays or omissions may
occur.
5. Liability Disclaimer
The high speed wireless Internet access to the
Portal or any other public site accessible from
the Hot Zone, as well as information and other
services or products available to you on those
sites, may contain errors and are subject to periods
of interruption. While JoVoGo does its best to
maintain high speed wireless Internet access to
the Hot Zone or Internet, it cannot be held responsible
for any errors, defects, lost profits or other
consequential damages arising from the access
or use of the Service or either of the Hot Zone
or other Websites accessed on the Internet.
JOVOGO PROVIDES THE SERVICE AND INFORMATION AVAILABLE
ON THIS WEB SITE "AS IS," WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO
THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL JOVOGO BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND
EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER,
ARISING FROM THE USE OR PERFORMANCE OF THE SERVICE,
THIS WEB SITE OR FROM ANY OTHER INFORMATION, SERVICES
OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN
IF JoVoGo HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH
THE SERVICE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE
REMEDY SHALL BE TO STOP USING THE SERVICE.
6. Indemnification
You agree to indemnify and hold JoVoGo, its affiliates,
agents and any other service provider, harmless
from any claim or demand, including reasonable
attorneys' fees, made by any third party due to
or arising out of your use of the Device or Service
(unless due to our sole and gross negligence)
or the violation of these Terms of Use by you,
or other user of the Service using your computer
or other Internet-enabled device. JoVoGo reserves
the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject
to indemnification by you.
7. Termination
JoVoGo reserves the right to terminate the Service
and your right to access and browse the Portal
and any other public site accessible from the
Hot Zone for high-speed wireless Internet access
at any time or for any reason, with or without
notice. JoVoGo shall not be liable for any damages,
losses, cost or expenses caused by or arising
out of termination of the Service, to you or to
any other individual.
8. Resolution of Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS
RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES
FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION
INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION
IS FINAL AND BINDING AND SUBJECT TO ONLY VERY
LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE
SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
a. Binding Arbitration. This provision is intended
to be interpreted broadly to encompass all disputes
or claims arising out of our relationship. Any
dispute or claim, including those against any
of our subsidiary, parent or affiliate companies,
arising out of or relating to these Terms of Use,
the JoVoGo Privacy Policy, the Service, or any
equipment or Device used in connection with the
Service (whether based in contract, tort, statute,
fraud, misrepresentation or any other legal theory)
will be resolved by binding arbitration except
that (1) you may take claims to small claims court
if they qualify for hearing by such a court, or
(2) you or we may choose to pursue claims in court
if the claims relate solely to the collection
of any debts you owe to us.
b. Arbitration Procedures. You agree that any
dispute between you and JoVoGo arising out of
your use of the Service in any way based upon
your subscription to and/or use of the Service
which cannot be resolved between you and JoVoGo
will be submitted by the aggrieved party for binding
arbitration under the auspices of the American
Arbitration Association. Any demand for arbitration
under this Section must be filed with the American
Arbitration Association's office in Baton Rouge,
Louisiana. The arbitration must be held in East
Baton Rouge Parish, and the arbitrator must be
a person with experience in online services operation.
c. Costs of Arbitration. For claims of less than
$500, you will be obligated to pay $25 and we
will pay all other administrative costs and fees.
For claims over $500 but under $50,000, you will
be obligated to pay your share of the arbitration
fees, but no more than the equivalent court filing
fee for a court action filed in the jurisdiction
where your billing address is located. For arbitrations
in excess of $50,000, all administrative fees
and expenses of arbitration will be divided equally
between you and us. In all arbitrations, each
party will bear the expense of its own counsel,
experts, witnesses and preparation and presentation
of evidence at the arbitration.
d. Waiver of Class Actions. By this Agreement,
both you and we are waiving certain rights to
litigate disputes in court. You and we both agree
that any arbitration will be conducted on an individual
basis and not on a consolidated, class wide or
representative basis. If for any reason this arbitration
clause is deemed inapplicable or invalid, or to
the extent this arbitration clause allows for
litigation of disputes in court, you and we both
waive, to the fullest extent allowed by law, any
right to pursue any claims on a class or consolidated
basis or in a representative capacity.
e. Limitations Period. Any arbitration or legal
action with respect to any and all claims or causes
of action related to or arising out of this Agreement
must be brought within two years after the cause
of action arises, or within the applicable statutory
period of time, whichever is shorter. This limitations
period does not apply to any given cause of action
when the statutory limitations period for that
cause of action cannot be waived, restricted or
otherwise limited by you.
9. Copyright
All content, copyrighted and copyrightable materials
on this Site, including, without limitation, the
JoVoGo logo, design, text, graphics, pictures,
sound files and other files, and the selection
and arrangement thereof ("Materials")
are ALL RIGHTS RESERVED Copyright © 2006
JoVoGo Communications, LLC. and/or its licensors.
Except as stated herein, none of the Materials
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in
any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior written permission
of JoVoGo or the respective copyright owner. Permission
is granted to display, copy, distribute and download
the Materials on this Site for personal, non-commercial
and informational use only; provided that, you
may not, without the permission of JoVoGo or the
respective copyright owner, (a) copy, publish,
or post any Materials on any computer network
or broadcast or publications media, (b) modify
the Materials, and (c) remove or alter any copyright
and other proprietary notices contained in the
Materials.
10. Trademarks and Service Marks
All JoVoGo marks and logos, and the JoVoGo Communications
JoVoZone Service described in this Site,
are either trademarks, service marks or registered
trademarks of JoVoGo or its licensors, and may
not be copied, imitated or used, in whole or in
part, without the prior written permission of
JoVoGo or its licensors. JoVoGo trademarks, service
marks and trade dress may not be used in any manner
that is likely to cause confusion among customers
or in any manner that disparages or discredits
JoVoGo. "JoVoGo Communications," the
"JoVoGo Communications Hot Zone"
design and all other JoVoGo marks and logos, and
the JoVoGo products and services described on
this Site, are either trademarks, service marks
or registered trademarks of JoVoGo Communications,
LLC. or its affiliates, and may not be copied,
imitated or used, in whole or in part, without
the prior written permission of JoVoGo Communications,
LLC. or its affiliates. All other trademarks,
service marks, registered trademarks, product
and service names and company names or logos that
appear on the Site are the property of their respective
owners, who may or may not be affiliated with,
connected to, or sponsored by JoVoGo.
11. Miscellaneous
These Terms of Use shall be governed by and construed
in accordance with the laws of the State of Louisiana,
without reference or giving effect to its conflicts
of law principles. In the event that any portion
of these Terms of Use is deemed by a court to
be invalid, the remaining provisions shall remain
in full force and effect. These Terms of Use are
the entire understanding between you and JoVoGo
about your right to access and browse the Portal
and any other public site accessible from the
Hot Zone for high-speed wireless Internet access.
If, at any time, we do not enforce any right or
remedy available under these Terms of Use, that
failure is not a waiver of our right to enforce
the right or remedy at a later time. Copied, microfiched,
scanned or other duplicate or electronic images
of these Terms of Use are admissible for all purposes.
To learn how you can
get not only fast Internet access to your mall,
contact us at sales@jovogo.com.
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