The Agreement that governs your Use of the Service include these FreshGeo Terms and Conditions (“T&C’s”), any FreshGeo Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account. THESE T&C’S SUPERSEDE ALL EARLIER VERSIONS AND INCONSISTENT TERMS OF ANY OTHER AGREEMENT. PLEASE READ THESE T&C’S CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE. YOUR ACTIVATION AND USE OF THE SERVICE REPRESENTS YOUR AGREEMENT TO BE BOUND BY THESE T&C’S AND A REPRESENTATION THAT YOU ARE OF LEGAL AGE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SERVICE.
Account Holder agrees to comply with all applicable laws and regulations in connection with their use of this service. Account Holder further agrees that they or anyone using their account will not engage in any of the following activities:
Violations of this Usage Policy will result in termination of your Account, without any refund of amounts previously paid for this service. Additionally, Account Holder will be held responsible for any and all damages incurred by FreshGeo including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.
We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any “client” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Account Holder purchases access to FreshGeo Service in blocks of time. Account Holder can transfer unused blocks of time to another Account Holder. Contact account support with the request at support@FreshGeo.com
Account Holder is responsible for maintaining the confidentiality of his/her password and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the FreshGeo Service until Account Holder notifies FreshGeo
Time purchased is accounted for on a continuous calendar basis, not on a timed use basis. Purchasing 24 hours of access means the Account Holder can access the FreshGeo service for one 24 hour period. It does not mean that the Account Holder can access the FreshGeo service for 24 hours of connected time (unless those 24 hours is in the 24 hour period).
Account Holder can cancel their account at any time. The remaining balance will be refunded to them in a reasonable time. Refunds are given based on Pro-Rata.
Refunds will only be issued to Account Holders who cancel their service. If an Account Holder is terminated for violation of the terms of this T&C’s or otherwise there will not be any refund of any remaining account balance.
The user is responsible for all charges (e.g. Hotspot access fees, in-room network fees) and equipment (e.g. wireless card, cables) associated with connecting to the FreshGeo service.
FreshGeo reserves the right to terminate an account immediately for violating any section of this agreement. FreshGeo can cancel an account at any time by providing notice to the Account Holder.
FreshGeo reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&C’s. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&C’s, and any other activities that may subject FreshGeo or its customers to liability. FreshGeo disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
In operating the Service, we may act as a “services provider” (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.
FreshGeo reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization.
FreshGeo will not intentionally monitor or disclose any private electronic communication unless required by law.
ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE FreshGeo SERVICE IS AT ACCOUNT HOLDER’S SOLE RISK. NEITHER FreshGeo, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE FreshGeo SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FreshGeo SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE FreshGeo SERVICE. NEITHER FreshGeo NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.
THE FreshGeo SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FreshGeo, ITS EMPLOYEES, AGENTS (INCLUDING ACCOUNT HOLDER REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ACCOUNT HOLDER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FreshGeo , OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE FreshGeo SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FreshGeo SERVICE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A ACCOUNT HOLDER ON ANY INFORMATION OBTAINED ON THE FreshGeo SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E- MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FreshGeo ‘S RECORDS, PROGRAMS OR SERVICES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE FreshGeo SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES FreshGeo ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF FreshGeo, OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY ACCOUNT HOLDER TO FreshGeo IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. The foregoing limitations of liability and damages are considerations in establishing the price of FreshGeo service. The foregoing provisions of this Section are for the benefit of FreshGeo, its employees, directors, affiliates, agents, Information Providers, Merchants and Licensors.
The Agreement between the parties shall be governed by the Laws of the State of Oregon. Exclusive jurisdiction and venue for all matters in this agreement shall be in courts located Washington County, Oregon and you consent to such jurisdiction and venue.
The Agreement between the parties constitutes the full and entire understanding between the parties with regard to the subjects hereof and thereof and supersedes any and all previous agreements between the parties regarding the subjects hereof and thereof. This agreement may be modified by the mutual consent of both parties, provided however, that any such modification shall be in writing, dated, and signed by both parties.
The Account Holder certifies that he/she is at least eighteen (18) years of age or a bona-fide corporate representative, and that the registration information provided is accurate, complete, and up-to-date.