February 08, 2023
These terms of use ("Terms") apply to persons anywhere in the world(each such person, a "User" or "you") who install, access or use the mobile application ("App") published by WiFi Map LLC ("WiFiMap" or "we"). PLEASE READ THESE TERMS CAREFULLY, AS THEY ARE A LEGAL AGREEMENT BETWEEN YOU AND WIFI MAP.
PLEASE BE ADVISED: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WIFI MAP HAVE AGAINST EACH OTHER CAN BE BROUGHT(SEE SECTION 4 BELOW). THOSE PROVISIONS WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST WIFI MAPTO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS APLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
In order to install, access or use the App, you must be of legal age for those activities in the jurisdiction in which you are located. If you are not of legal age, you must not install, access or use the App.
Your installation of, access to or use of our App constitutes your binding agreement to those Terms, including the dispute resolution and arbitration provisions. If at any time you disagree with these Terms, you must refrain from installing our App, or, if you have already installed our App, refrain from accessing or using it and delete it. These Terms contain the entire agreement between you and WiFi Map, and supersede any prior agreements or arrangements with you that relate in any way to WiFi Map or the App.
WiFi Map reserves the right to immediately terminate these Terms and any services provided by WiFi Map, including its publication of the App and provision of any content, information, functionality or other services through the App, at any time, either with respect to you or generally, for any reason, including your violation of these terms, or for no reason. The preamble above, this{" "}Section 1, 2-4 and Sections 6-19 shall survive the termination of these Terms.
These Terms, and any claims, disputes or controversies related to your use of the App or any content, information and related materials ("Content") provided through the App or otherwise related to the relationship between you and WiFi Map, whether contractual or non-contractual, are governed by the laws of the State of New York, United States of America, without giving effect to any choice or conflict of law provision or rule, whether in the State of New York or any other jurisdiction, that would cause the laws of any jurisdiction other than the State of New York to apply.
Jurisdiction and Venue for Claims not Subject to Arbitration
The New York state and United States federal courts sitting in NewYork County, New York shall have exclusive jurisdiction over any claims, disputes or controversies related to these Terms, your use of the App or any Content provided through the App, or otherwise related to the relationship between you and WiFi Map, whether contractual or non-contractual, that are not subject to mandatory arbitration under Section 4.
Mandatory Binding Arbitration
(a) Agreement to Arbitrate
Any claims, disputes or controversies related to these Terms, your use of the App or any Content provided through the App, or otherwise related to the relationship between you and WiFi Map, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of when they arise and regardless of any termination of these Terms, shall be determined by mandatory binding individual (not class) arbitration.
The arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this agreement to arbitrate or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS
LIMITED. There may be more limits on the availability and scope of discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees),except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms.
(b) Exceptions
Notwithstanding Section 4(a), nothing in these Terms, including this Section 4, will be deemed to waive, preclude, or otherwise limit either of our rights, at any time,
to(i) bring an individual action in a U.S. small claims court for a matter within the jurisdiction of that court or (ii) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, the agreement to arbitrate in this Section 4 doesn't stop you or us from bringing issues to the attention of federal, state, or local agencies. Those agencies can, if the law allows, seek relief against us on your behalf (or vice versa).