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Site terms of use

The iPass World Wide Web site (the “Site”) is a copyrighted work belonging to iPass Inc. (“iPass”).  iPass grants you the right to use the Site subject to the terms and conditions (“Terms of Use”) set forth below. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE OR THE MATERIALS CONTAINED HEREIN. BY ACCESSING THIS SITE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE.

BY ACCESSING THIS SITE, YOU AGREE TO OUR PRIVACY POLICY LOCATED AT:
http://www.ipass.com/privacy-policy/

License
Subject to these Terms of Use, iPass grants you a limited, nonexclusive, royalty-free license to view the information, documents, content, and materials contained on the Site (the “Materials”). You may print the Materials and make copies thereof only for your personal non-commercial use or the non-commercial internal purposes of your business as it relates to your business’s use of iPass products and/or services. This license is terminable at the sole reasonable discretion of iPass.

Prohibited Actions
You may not sell, copy for resale, sublicense, relicense, rent, lease, transfer, assign, host or otherwise distribute the Site or Materials to third parties.  Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, reverse engineered, disassembled, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of iPass except as expressly set forth in these Terms of Use.  Any future release, update, or other addition to functionality of the Site or Materials shall be subject to the terms of these Terms of Use.  All copyright and other proprietary notices on any Site content must be retained on any copies.

You agree not to:  (a) interrupt or attempt to interrupt the operation of the Site, or its servers or networks; (b) use any automated tool to mine the site for information or to fill out forms on the Site; (c) use the Site for the delivery of unsolicited bulk email, promotional emails, junk mail, spam, chain letters, pyramid schemes and the like; (d) use the Site for any malicious, unethical, offensive, harmful or unlawful purpose; (e) attempt to gain unauthorized access to the Site, or its servers or networks.

iPass reserves the right to review your use of the Site and Materials and take appropriate action, if you violate these Terms of Use.

Modification
iPass reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice at any time and without liability to you or any third party.

Secured Areas
Use of any areas of the Site secured by a user name/login screen (“Secured Areas”), including but not limited to downloads of software, phonebook file updates, and installation and user documentation is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under these Terms of Use.

Feedback
iPass will treat any feedback or suggestions, including any data, materials, comments or information, (collectively “Feedback”) you provide to iPass as non-confidential and non-proprietary. Any Feedback that you provide to iPass is, upon submission, the property of iPass, and iPass may use it for any purpose that iPass deems reasonable, free of any fee or royalty. iPass may publish or otherwise distribute your Feedback.  In the absence of a written agreement with iPass to the contrary, you agree that you will not submit confidential or proprietary information to iPass, and in the event that you do so, you waive all claims or causes of action that you may have against iPass that may arise from any such submission.

Mailings
By submitting your name, company name, e-mail address and any other personal information to us through the Site, you agree that we may process such information in accordance with our privacy policy, and that we may use such information for our business purposes including but not limited to the provisions regarding using and disclosing such information in connection with periodic mailings to you about iPass products and services.

Accuracy of Content and Disclaimer of Warranty
THIS SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IPASS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE PERTAINING TO THE ACCURACY OR COMPLETENESS OF SITE OR MATERIALS, INCLUDING BUT NOT LIMITED TO INFORMATION ABOUT IPASS SERVICES, PRODUCTS, PRICES, ACCESS POINTS AND NETWORK AVAILABILITY, ALL OF WHICH MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE, AND MAY CONTAIN ERRORS OR OMISSIONS.  IN NO EVENT SHALL IPASS BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACT, ERROR OR OMISSION MADE BY YOU IN RELIANCE UPON THE SITE OR MATERIALS OR FOR ANY LOSS RESULTING FROM YOUR USE OF THE SITE OR MATERIALS.

Third Party Content
iPass may post links to other website(s) on this Site. iPass has no control over linked websites or the materials, information, goods or services available on these websites. iPass is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites. iPass does not guarantee the privacy practices (or any other policies) of any third party websites, which apply once you leave this Site and enter the third party websites. iPass does not guarantee the accuracy of the content of any such website. iPass reserves the right to terminate any such link at any time without notice and for any reason. You may not upload third party content to the Site.

Limitation of Liability
IN NO EVENT SHALL IPASS (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, WHETHER OR NOT IPASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS.

IPASS’ (AND ITS SUPPLIERS’) TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SITE, AND/OR THE MATERIALS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED $100.00.

Ownership/Copyright/Trademarks
You acknowledge that all the intellectual property rights in the Site and Materials are owned by iPass and/or iPass’s licensors.  iPass and its licensors reserve all rights not granted in these Terms of Use.  The Site and the Materials are Copyright © 2012, iPass and/or its suppliers.  All rights reserved. iPass, the iPass logo,  Open Mobile, Open Mobile Exchange, iPass OMX, Open Mobile Express and all other trademarks, logos, or trade dress (including without limitation the layout or content of the Site or Materials) on this Site (“Marks”) are trademarks (and in some cases registered trademarks) of iPass Inc and/or its licensors. All rights reserved. You are not granted any right to use the Marks.

Amendment
iPass may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and therefore you should periodically visit this page to examine the then-current Terms of Use by which you are bound.

Don’t Use this Site to Communicate Legal Notices
Communications made through the Site will not constitute legal notice to iPass or any of its officers, employees, agents, affiliates, partners or representatives. You should send legal notices to:

Office of the General Counsel
iPass Inc.
3800 Bridge Parkway
Redwood Shores, CA 94065

Use Outside of the United States
iPass makes no representation that materials or other content on our Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access our Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

General
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of California as those laws are applied to contracts entered into and to be performed entirely in California, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Terms of Use shall be commenced exclusively in state or federal court in Santa Clara County, California, and you irrevocably submit to the exclusive jurisdiction and venue of such courts.  These Terms of Use (which includes the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Site and Materials. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.