Features and Functions. The App enables users to find Optimum WiFi hotspots using a Device's location information. For Devices connected to a cellular network, the App locates the closest Optimum WiFi hotspots to their location. In addition, the App will provide directions to the closest Optimum WiFi hotspot. In cases when the Device might not be connected to a cellular network or to the internet, the App allows you to search for Optimum WiFi hotspot locations by city ("Quick Search") and/or by using an "Advanced Search" that applies a filter of locations by category and access location details, a list of favorite locations, and a history of search results. Results are presented either in map view or list view, and detailed view (single site details).
Consent to Use Location Information. By using this App, you consent to the collection by Altice of information about your location, including precise GPS location and/or location information through the use of the Device's Camera and Motion features.
Restrictions on Use. You agree that use of and access to the App shall only be for personal and non-commercial use. You further agree that you shall not use any software, system, device or other technology to enable the App to be used in any manner or for any other purpose other than as expressly permitted hereunder.
Limited License. Altice hereby grants to you a non-exclusive, non-transferable, limited, license to download, install, and use the App on your Device. All rights not expressly granted in these Terms are reserved. The App is provided in and may be used in machine-readable object code form only. No license is granted to you in the source code of the App.
Proprietary Rights. Altice and/or its vendors shall have sole and exclusive ownership of all right, title, and interest in and to the App, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). These Terms do not provide you with title or ownerships of the App, but only a rightful limited use.
Limitations on Use. You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the App or in any way derive from the App any source code. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the App. Further you may not, directly or indirectly, disclose, distribute, or make commercial use of the App.
Export Restrictions. You agree that you may not use or export the App (i) except as consistent with these Terms and applicable United States law and (ii) into any US embargoed country. You represent and warrant that you are not located in a country that is subject to US government embargo, or that has been designated by the US government as a "terrorist" supporting country, and that you are not listed in any US government lists of prohibited or restricted parties.
Equipment. Access to and use of the App requires a Device. Use of the portions of this App that includes location specific information may involve use of a wireless data service. You understand and agree that Altice is not responsible for any data access charges that may be imposed by your underlying wireless data service provider when using the data service.
WARRANTY DISCLAIMER. ALTICE PROVIDES THE APP, THIRD PARTY SOFTWARE, AND ANY THIRD PARTY MATERIALS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALTICE HEREBY DISCLAIMS ANY AND ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW. ALTICE MAKES NO WARRANTY OR GUARANTEE THAT THE APP OR THIRD PARTY SOFTWARE SHALL BE UNINTERRUPTED OR ERROR-FREE AND SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS, LOSSES, OR INTERRUPTIONS IN CONNECTION WITH YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO INTERMITTENT SERVICE, SUITABILITY, ACCURACY OR COMPLETENESS OF CONTENT.
Third Party Software. You acknowledge that use of the App may require software that is licensed, sold and/or provided to you by third parties and is included on your Device ("Third Party Software"). Notwithstanding any other provision of these Terms to the contrary, these Terms shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between you and the licensor of the Third Party Software. You acknowledge and agree that you shall only use Third Party Software on your Device that is authorized by your Device manufacturer.
Third Party Beneficiary. If you use an Apple device, you understand and agree that Apple is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement. If you use an Android device, you understand and agree that Google is a third-party beneficiary to this agreement. Upon your acceptance of this agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary of this agreement.
Support. Any questions or comments regarding the App should be directed to Altice at 1111 Stewart Avenue, Bethpage, NY 11714 or (866) 360-2758.
Choice of Law. These Terms and any action for its enforcement shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflicts of laws principles thereof.
Changes to the App and these Terms. Subscriber agrees that Altice may for any reason and without notice to Subscriber, modify or terminate the App without liability to Subscriber, any user, or any third party, and require the user to download and accept an updated version of the App as a condition of further use. Altice may, in its sole discretion, change, modify, add, or remove portions of these Terms at any time. Altice may require Subscriber, following notice of such change, modification or amendment, to review and agree to any such changes to this agreement as a prerequisite to continued use of the App. If Subscriber does not agree to update the App and/or to the modification of these Terms, Subscriber will immediately cease usage of the App.
Effective October 10, 2016