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Terms of Service for the Coffee and Wi-Fi Locator Project

These Terms of Service (the "Terms") govern your access to and use of this website, located at coffeeandwifi.com (the "Site") and any information, text, graphics, photos, or other materials uploaded, downloaded or appearing on the Site (collectively referred to as "Content"). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms.

The Site is an online directory, principally made up of places to get coffee while using their Wi-Fi. The coffee shops, restaurants and other locations in the directory have been recommended, and posted on the Site by users like you (the "Users"). We depend on our Users to recommend great places, and keep the information up-to-date.

References to "you," "your" and "User" mean the person using the Site, and includes any entity on whose behalf that person is using the Site, and any other person authorized by the User to access such User's account.

The Site is owned and operated by R.stoeber Group LLC (referred to as "we," "us," and "our" in this Agreement) a Utah Limited Liability Company.

Basic Terms

R.stoeber Group LLC hereby grants you the right to access and use the Site, and to create an account at your option. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.

Please read these Terms and the Privacy Policy carefully as your use of the Site constitutes your agreement, without acceptance, to be bound by these Terms and the Privacy Policy. By using this Site you represent that you are at least eighteen (18) years old.

You are solely responsible for your use of the Site, for use of your User account by others, for any content you post to the Site, and for any consequences of your actions. The Content you submit, post, or display will be able to be viewed by other users of the Site and through third party services, search engines and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Site only if you can form a binding contract with us and are not barred from using the Site under the laws of the United States or other applicable jurisdiction. You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The services that we provide are always evolving and the form and nature of the Site may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Site may include advertisements, which may be targeted to the Content or information on the Site, queries made through the Site, or other information. The types and extent of advertising are subject to change. In consideration for our granting you access to and use of the Site, you agree that we and our third party providers and partners may place such advertising on the Site or in connection with the display of Content or information from the Site whether submitted by you or others.

Privacy

Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by us. As part of providing you the Site, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Site and your Coffee & Wi-Fi account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. We encourage you to use "strong" passwords that are easy for you to remember, but difficult for anyone else to guess. Strong passwords use a combination of upper and lower case letters, numbers and symbols. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Content on the Site

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Site and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Site or broadcast elsewhere.

Your Rights

You retain your rights to any Content you upload, submit, post or display on or through the Site. By uploading, submitting, posting or displaying Content on or through the Site, you grant us a worldwide, non-exclusive, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for us to make such Content available to other companies, organizations or individuals who partner with us for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Site.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Site, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcast by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Our Rights

All right, title, and interest in and to the Site (excluding Content provided by users) are and will remain the exclusive property of R.stoeber Group LLC and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use our name or any of the trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We reserve the right to refuse access to the Site for any reason at any time at our sole discretion. We may limit or cancel a User account and/or remove any Content from a User for any reason whatsoever. In the event we make a change to, or cancel a User account, we may attempt to notify you at the email address or phone number associated with your account, however, the failure to contact you shall not result in any liability including liability for data lost or deleted as a result of the account change.

Restrictions on Content and Use of the Site

We reserve the right at all times to remove or refuse to distribute any Content on the Site and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Service, its users and the public.

You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling the Site is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Site without our prior consent is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site.

In addition, you may not:

  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
  • publish or link to false or misleading information;
  • use the Site for the purpose of spamming anyone;
  • post obscene or pornographic images;
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  • create multiple accounts for disruptive or abusive purposes;
  • use the Site for any unlawful purposes or for promotion of illegal activities;
  • use the Site to solicit others to perform or participate in any unlawful acts;
  • publish or post threats of violence against others;
  • publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers;
  • impersonate others or use, or attempt to use an account that is not yours.

Copyright Policy

We respect the intellectual property rights of others and expect users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:

R.stoeber Group LLC
Attn: Copyright Agent
PO Box 1626
Sausalito, CA 94966-1626
Email: support@coffeeandwifi.com

The Site is Available "AS-IS"

Your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, R.stoeber Group LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content thereon. R.stoeber Group LLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, or any Content. You also agree that R.stoeber Group LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. We make no warranty that the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from R.stoeber Group LLC or through the Site, will create any warranty not expressly made herein.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by R.stoeber Group LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, R.stoeber Group LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT R.stoeber Group LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in Marin County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between R.stoeber Group LLC and you regarding the Site (excluding any services for which you have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between R.stoeber Group LLC and you regarding the Site.

We may revise these Terms from time to time, the most current version will always be at coffeeandwifi.com/tos.html. If the revision, in our sole discretion, is material we may attempt to notify you via email to the email address associated with your account. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.

The Site is operated and provided by R.stoeber Group LLC, PO Box 1626, Sausalito, CA 94966-1626. If you have any questions about these Terms, please contact us.

Last Updated: July 29, 2015