Last updated: 2024-01-01
These Terms of Use ("Terms") govern your access to and use of the complimentary guest wireless internet service (the "Service") made available at the participating venue (the "Venue") and operated by WifiGetLeads LLC, doing business as WifiGetLeads ("WifiGetLeads," "we," "us," or "our"), on behalf of the Venue.
By clicking "Connect" (or a similar button), registering, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, available at https://app.wifigetlead.com/policies/privacy. If you do not agree, do not use the Service.
You must be at least 18 years of age, or the age of majority in your state of residence, to register for the Service and to provide the contact information described in Section 3. If you are under 18, you may use the Service only with the permission and under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.
The Service provides free, time- and bandwidth-limited wireless internet access while you are at the Venue. As part of the login experience, you may be shown promotional content (such as an image or video advertisement) before internet access is granted. We and the Venue may, at any time and without notice, limit, filter, restrict, suspend, or terminate the Service or your access to it, in whole or in part.
To use the Service, you may be asked to provide personal information such as your name, email address, mobile phone number, and date of birth ("Registration Data"). You represent and warrant that all Registration Data you provide is accurate, current, and belongs to you — in particular, that the mobile phone number you provide is your own number and that you are the current subscriber or customary user of that number. You agree to notify us at contact@wifigetlead.com if you change or give up your mobile number.
Consent to electronic records (E-SIGN). You consent to receive disclosures, notices, and communications from us and the Venue electronically, and you agree that your electronic acceptance of these Terms (by checkbox, button tap, or similar action) constitutes your signature and has the same legal effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.
This Section applies only if you opt in to text messages by providing your mobile phone number and checking the SMS opt-in box (or taking an equivalent affirmative opt-in action) on the portal.
a. Consent. By opting in, you provide your prior express written consent to receive recurring marketing and promotional text messages (including offers, promotions, event notices, birthday messages, and similar content), as well as related transactional and informational messages, from the participating venue and from WifiGetLeads LLC (WifiGetLeads) on the Venue's behalf, at the mobile number you provided. Messages may be sent using an automatic telephone dialing system or other automated technology.
b. Consent is not a condition of purchase. Your consent to receive marketing text messages is not a condition of purchasing any goods or services from the Venue and is not a condition of using the guest WiFi Service. You may decline SMS marketing and still use the Service.
c. Message frequency; cost. Message frequency varies (typically up to 8 messages per month per program, unless a different frequency is disclosed at opt-in). Message and data rates may apply. You are responsible for any charges imposed by your mobile carrier.
d. Opting out. You can cancel at any time by replying STOP (or UNSUBSCRIBE, END, QUIT, CANCEL, OPTOUT, or REVOKE) to any message you receive. After you opt out, you will receive one final message confirming your opt-out, and no further marketing messages will be sent to you. You may also revoke your consent by any other reasonable means, including by emailing contact@wifigetlead.com, and we will honor your revocation within ten (10) business days as required by FCC rules. Opting out of one venue's messages does not automatically opt you out of messages from other venues you have separately opted into.
e. Help. For help, reply HELP to any message or contact us at contact@wifigetlead.com.
f. Carriers. Supported carriers include major U.S. carriers. Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission by your carrier and is not guaranteed.
g. Quiet hours. Marketing messages are intended to be sent only during legally permitted hours based on your location. If you receive a message outside such hours, contact us at contact@wifigetlead.com.
h. Changes to the program. We may suspend or terminate the messaging program, or modify its terms, at any time; material changes will be communicated as required by law.
By providing your email address, you agree that the Venue and WifiGetLeads may send you marketing and promotional emails. Every marketing email will include an unsubscribe mechanism, and unsubscribe requests will be honored promptly in accordance with the CAN-SPAM Act. Unsubscribing from email does not affect your SMS consent, and vice versa.
Our collection, use, and sharing of your Registration Data and of technical data generated by your use of the Service (such as device MAC address, device type, connection times and duration, and visit frequency) are described in our Privacy Policy at https://app.wifigetlead.com/policies/privacy. You understand and agree that: (a) your Registration Data and connection data will be shared with the Venue you connected at, which may use it for its own marketing consistent with these Terms and applicable law; (b) WifiGetLeads processes this data on the Venue's behalf and as described in the Privacy Policy; and (c) we do not sell your personal information to unaffiliated third parties. You may have rights under state privacy laws (such as access, deletion, and correction rights); see the Privacy Policy for how to exercise them.
The Service is an open, shared wireless network. Transmissions over the Service are not encrypted by us and may be intercepted by third parties. Do not transmit sensitive information (such as passwords, financial account numbers, or health information) over the Service unless the connection is independently secured (for example, via HTTPS or a VPN). To the extent permitted by law, we and the Venue reserve the right to monitor, log, and disclose network traffic data for security, legal compliance, and service-management purposes.
You agree not to use the Service to: (a) violate any applicable law or regulation; (b) access, transmit, or distribute unlawful, infringing, defamatory, obscene, or otherwise objectionable material, including any material that exploits or harms minors; (c) infringe any intellectual property or privacy right, including through unauthorized downloading or distribution of copyrighted works; (d) transmit viruses, malware, or other harmful code; (e) send spam or unsolicited communications; (f) attempt to gain unauthorized access to any network, system, device, or account, or to intercept other users' data; (g) interfere with or disrupt the Service, the Venue's network, or other users' use of the Service, including through excessive bandwidth consumption; or (h) misrepresent your identity or provide another person's contact information as your own. We may suspend or permanently block access for any user we reasonably believe has violated this Section, and we may cooperate with law enforcement, including by disclosing information as required by legal process.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SECURITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. YOU USE THE SERVICE AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND CONFIGURATION OF YOUR OWN DEVICE, INCLUDING MAINTAINING UP-TO-DATE SECURITY SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WifiGetLeads LLC, THE VENUE, OR THEIR RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, DEVICE DAMAGE, SECURITY BREACH, OR INTERCEPTION OF COMMUNICATIONS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AND THE VENUE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED TEN U.S. DOLLARS (US $10.00). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless WifiGetLeads LLC, the Venue, and their respective owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or of any applicable law; (c) your infringement of any third-party right; or (d) inaccurate Registration Data you provide, including providing a mobile number that is not yours or failing to notify us that you have given up a number for which you provided consent.
Please read this Section carefully — it affects your legal rights. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally within thirty (30) days after written notice to contact@wifigetlead.com shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. You may opt out of this arbitration agreement by emailing contact@wifigetlead.com within thirty (30) days of first accepting these Terms, stating your name and that you opt out of arbitration.
These Terms are governed by the laws of the State of Florida and applicable U.S. federal law, without regard to conflict-of-laws principles.
We may update these Terms from time to time. The "Last updated" date above reflects the most recent version. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. Material changes to the SMS program terms will be handled as described in Section 4(h).
If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
Questions about these Terms or the Service: contact@wifigetlead.com
WifiGetLeads LLC (WifiGetLeads) — https://wifigetleads.com