> Terms of Use

About JoVoGo™
 
 
   
 
About Us  
 
Careers  
 
News & Press Releases  
 
Contact Information  
     

 
     
 
   
     
     
 
 

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.



Click Here
To learn more about how we build Wi-Fi Hot Zones.

 
© 2006 JoVoGo Communications