The following terms of use and the Privacy Policy (together, the “Terms”) constitute a legally binding agreement between you and HotspotRF, LLC, its subsidiaries, affiliates, partners, representatives, directors, and officers (collectively referred to as “HotspotRF,” “us,” “we,” or “our”) and govern your access and use of and describe your rights and responsibilities while using the HotspotRF web application (“HotspotRF,” “App”), website at https://hotspotrf.com (“Site”), technology platform (“Platform”) (collectively, the HotspotRF “Service”), and all physical goods available for purchase on the Site (“Products”).
By registering and using our Service or purchasing our Products, you hereby agree to be bound by the following terms. These Terms are an agreement between you on the one hand (collectively, “you” or “End User”), and us on the other hand, regarding the Service and Products. If you are acting for or on behalf of an entity, you hereby represent and warrant that you are authorized to accept these Terms and enter into a binding agreement with us on such entity’s behalf, and you accept these Terms on behalf of such entity and on your own behalf, respectively.
We are only willing to provide the Service and Products to parties that have accepted all of the terms and conditions in this Agreement. Further, by signing up to use our Service or purchase Products, you hereby agree that you understand the Agreement in its entirety and that you have the requisite authority, power, and right to enter into a binding agreement. If you do not have the authority to enter into this Agreement or if you do not agree to all of the terms in this Agreement, we are unwilling to provide the Service or Products to you, and you are advised to discontinue your use of the Service.
Our Return Policy and Privacy Policy are an integral part of these Terms and Conditions.
Arbitration Notice
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HOTSPOTRF ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN THE TIME TO CONSIDER THE CONSEQUENCES OF THIS DECISION.
Changes to these Terms
We reserve the right to change, update, modify, discontinue or terminate the Service or Products and these Terms, temporarily or permanently, at our sole and final discretion. Any changes to these Terms may be displayed in the Service and we will try to notify you by email or other means of contact. By continuing to access or use the Service or Products after we post any and all modifications on the Service or Products, you are acknowledging that you agree to be bound by and under the amended Terms. We will not be liable to you or any third party for the suspension, discontinuance, or inaccessibility of the Service or Products.
Eligibility and Account Registration
You may need to register for an account to access some or all of the Services or Products. Before you create an account, you confirm that you are eligible to use our Service or Products. By using the Service or Products, you warrant and represent that:
By registering to use HotspotRF, you agree that you will not:
We reserve the right to refuse registration of or cancel a username at our sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account password. You shall never use another user’s account without such other user’s prior express permission. You accept responsibility for all activities that occur under your User Account and you will immediately notify us in writing of any unauthorized use of your account or other account-related security breaches of which you are aware.
Intellectual Property Rights
All data and content made available to you through the Service or Products, such as graphics, logos, page headers, button icons, scripts, and service names, are trademarks (whether registered or in the process thereof), copyright, service marks, or other trade property of HotspotRF, not you, and is protected by the United States of America and international intellectual property laws. We own – not you – our information, data, and content, including but not limited to: databases, technology, know-how, visual interfaces, interactive features, graphics and design of the Service or Products, software, aggregate databases and metrics, supervision systems, business model, cost measures, feedback and all other elements and components of the Service or Products.
Any use of the Service, Products, or the Service content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
License and Restrictions
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service or Products subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service or Products; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Products except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Service or Products except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service or Products; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service, Products, or unduly burdening or hindering the operation and/or functionality of any aspect of the Service or Products.
PRICING AND PAYMENT, SUBSCRIPTIONS, BILLING, RENEWAL, AND CANCELLATION FOR SERVICES AND PRODUCTS
Pricing and Payment
We may make certain paid features available to you through the Service under multiple subscription plans. Via the Service, you can subscribe and get full access to the Service. You are responsible for the management of your login details. If you lose your data or suspect that your account has been breached, please let us know immediately. HotspotRF has the right to refuse a request for any purchase.
Subscribing to our plan(s) or purchasing Products requires you to have a valid method of payment, such as a credit card or debit card (a “Payment Method”). You are responsible for all charges incurred in connection with your payment, and you agree to pay the fees and charges for any purchased feature or Product.
By selecting a subscription plan, you agree to pay the subscription fee of such plan on a designated cycle for the Service that we make available to you (the “Subscription Fee”). The first Subscription Fee will be charged to your Payment Method on the date your subscription is purchased. Thereafter, the Subscription Fee and any applicable tax and service fees will be charged to your Payment Method on a recurring basis in accordance with your designated cycle until you choose to cancel.
The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing, regular basis unless you cancel your Subscription. Note that the timing of your billing may change (e.g., in the event of a problem with your Payment Method, such as an expired credit card).
We reserve the right to change the price for a subscription to the Service at our sole discretion and will be responsible for communicating any price changes to you in accordance with the law. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product or Service at any time. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to Product or Service descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). Any offer for any Product or Service made on the Site is void where prohibited by your national law, for example (but not limited to) any restrictions with respect to age, legal capacity, licensing, or export laws.
You may update your Payment Method at any time within your account settings. If at any time your Payment Method is unable to be charged for the Subscription Fee or any Products due to insufficient funds, expired or invalid account details, or otherwise, you remain responsible for the cost of such Subscription Fee. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. In the event your Payment Method is unable to cover the Subscription Fee, we reserve the right to suspend your respective accounts and access to the Service until such time as the Payment Method has been updated to permit a charge on your payment method for the Subscription Fee.
You can cancel your subscription at any time. Please note that you must cancel your subscription before it renews for a subsequent term in order to avoid being charged for the next term’s Subscription Fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current term.
Refunds will not be provided for any subscription after 10 days of purchasing a plan. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled after 10 days. In such a circumstance, you will continue to have access to your subscription until the end of the term’s billing cycle.
Please see our refund policy for any Physical Products purchased here: https://hotspotrf.com/refund-and-returns/
You represent and warrant to us that:
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may (but are not obliged to) attempt to notify you by contacting you via email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons violating these Terms or applicable legislation.
Additional terms and conditions may apply to surveys, contests, giveaways, and other promotions sponsored or organized by us or our partners. It is your responsibility to carefully review those applicable terms and conditions.
User Representation and Platform Guidelines
You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.
Although we are committed to providing a safe user experience, we do not guarantee that the platform, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. Access to the Service or Products may be interrupted, suspended, or restricted from time to time, including because of a fault, error, or unforeseen circumstances, or due to scheduled maintenance. We shall not be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any Products procured using the Site, or for any other claim related in any way to your use of the Site or any Product, 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 the Site or any content (or Product) posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
You agree, undertake and confirm that your use of the platform shall be strictly in accordance with the following binding guidelines:
Third-party links and Services
Some links on the Service may allow you to leave the Service. The linked sites are not in any way under our control, and we are not responsible for the contents of any of such linked sites or any link contained in a linked site or any changes or updates to such sites.
We are not responsible for any form of transmission sent or received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the site. Your use of any linked site is at your own risk and is subject to the terms of use and privacy policies located on such site.
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of HotspotRF. We neither endorse nor are we responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service by anyone other than our authorized agents acting in their official capacities.
Indemnification
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
User Generated Contents
Advice, opinions, statements, offers, or other content or information made available through the Service or Products to you but not directly by HotspotRF are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not in any way guarantee the accuracy, completeness, or usefulness of any information on the Site, Service, or Products, and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than HotspotRF.
We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances shall we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor or censor the materials posted in the public areas of the Service or to limit or deny a user’s access to the Service, Products, or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We reserve the right to remove any such material that in our sole opinion violates or is alleged to violate the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
Disclaimer of Warranties
By accessing or using the Service or Products, you represent and warrant that you have read, understood, and agreed to be bound by and under these terms. We supply our Service and Products “as is,” “with all faults,” and “as available,” including all content, software, data, materials, services, functions, physical goods, and/or information made available therein. Accordingly, we shall not be liable to you for any loss or damage that might arise therefrom, and we hereby disclaim any express or implied warranties, including warranties as to the products or services offered by third parties listed on the Site, non-infringement, merchantability, and fitness for a particular purpose. The use on your part of the Service or Products is at your own and final discretion. No oral or written information or advice provided to you by HotspotRF shall create a representation or warranty of any kind.
Limitation on Liability
We make no warranties or representation of any kind that the Service or Products (including all databases, content, software, functions, materials, Products, and information accessed by any means thereof) are provided “as-is,” without warranties of any kind, and we disclaim, to the maximum extent permitted by law, any and all warranties, whether express or implied, including, without limitation, any implied warranties of originality, merchantability, non-infringement, title, arising from a course of dealing, usage, or trade practice or fitness for a particular purpose.
We do not warrant that the Service, Products, or functions contained in the Service or Products will be uninterrupted or error-free, that all deficiencies, errors, defects, or nonconformities will be corrected, that the Service or Products will meet your specific requirements, or that defects in the Service or Products will be corrected.
We do not warrant that the Service or Product will work correctly in any particular operating environment. HotspotRF does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Service or Products in terms of its correctness, accuracy, reliability, currentness, or otherwise.
HotspotRF does not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and HotspotRF disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device, computer, or loss of data that results from the download of any such material.
HotspotRF cannot be held responsible for defects, failure, damage, or catastrophic action caused by third-party services or devices. The owner of Products are responsible for ensuring the equipment stays within the proper operating temperature.
Weatherproof is not the same as waterproof. HotspotRF is not responsible for any water damage, malfunction, or any other damages to your Helium gateway, Products, related equipment, or third-party products.
HotspotRF cannot guarantee that your rewards will increase or meet a minimum amount due to the wide variety of variables and speculative nature. Investing in crypto, crypto mining, Helium, Products, and any other related crypto project is a risky and volatile investment. Invest at your own risk and conduct your own research. HotspotRF does not offer financial or legal advice.
Measuring signal loss and VSWR is a complicated process. Actual measured values may vary from the advertised values based on manufacturing tolerances, cable assembly length, connector performance, actual operating frequency, and measurement accuracy. Power handling may be limited by connector choice. Customers are responsible for ensuring they order the proper cable adapters, dBi, frequency, cable length, and other variables.
Fall Risk/Property Damage from Installing Products
There is an inherent risk of bodily injuries or death when climbing on your roof or other elevated surfaces to install Products. Please take necessary precautions and if you’re not experienced with working on elevated areas hire a professional to setup up your Products for you. Consult with a licensed contractor before installing any products on a roof, building, or any other real property. Proper personal protective equipment must be always worn when transporting, assembling, installing, and/or maintaining any Products. HotspotRF is in no way liable for any damages or loss caused by the installation of Products.
Power Lines/Electroctuion
If you install your hotspot or Products on a roof or outside in an exposed manner ensure that your Products are nowhere near power lines. Certain setbacks are often required by law in certain jurisdictions. Serious electrocution and possibly death can result from your antenna coming in contact with power lines. HotspotRF is in no way liable for any damages or loss incurred while installing Products.
Lighting/Antenna Grounding
If you install your hotspot or Products on a roof or outside in an exposed manner you may be required by law (and common sense) to ground your setup to protect it and your house from lightning strikes and static electricity. Every country/state has different laws/requirements on this topic so please do your own research. HotspotRF is in no way liable for any damages or loss incurred from lightning.
Some jurisdictions do not allow the exclusion of certain warranties; as such, to the extent, such exclusions are specifically prohibited by applicable law, some of the exclusions set forth above may not apply to you.
In no event shall the Service, Products, or provider be liable to the end-user or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost profits or revenues, or diminution in value, arising out of, or relating to the end user’s use of (or inability to use) the Service or Products regardless of (a) whether such damages were foreseeable, (b) whether or not the Service or Product provider was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
HotspotRF’s maximum cumulative liability to you for losses or damages arising in connection with your access to the Service or Products under these Terms shall be limited to (i) the amount paid, if any, by you to HotspotRF during the six (6) months prior to the action giving rise to such liability; or (ii) USD 100, whichever is less.
Governing Law and Dispute Resolution
Governing Law: These Terms and your use of the Service and Products are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
Agreement to Arbitrate
Any dispute or claim relating in any way to your use of our Service or Products will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
Arbitration Process, Arbitration Rules, and Location
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed to location.
Class Action Waiver
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
General Provisions
Entire Agreement: Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and HotspotRF with respect to your use of the Service or Products that we make available to you and supersedes all prior communications and proposals (whether oral, written, or electronic) between you and us with respect to use of the Service and Products that we provide. Any rights not otherwise expressly granted by this Agreement are reserved by HotspotRF.
Waiver: The failure of HotspotRF to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
Assignability: You may not assign or transfer these Terms, by operation of law or otherwise, without HotspotRF’s prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder.
Severability: If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, and the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Notices:
Any notices or other communications provided by HotspotRF under these Terms, including those regarding modifications to these Terms, will be given: (i) by HotspotRF via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Contacting Us
In order to resolve a complaint regarding the Service or Products or to receive further information regarding the use of the Service or Products, please contact us at [email protected].
Updated: July 27, 2022