Google
HOTWIRE MOBILE APPLICATIONS END USER LICENSE AGREEMENT
READ THE TERMS AND CONDITIONS SET FORTH IN THIS MOBILE APPLICATIONS END USER LICENSE
AGREEMENT BETWEEN YOU AND HOTWIRE COMMUNICATIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR
USING ANY HOTWIRE MOBILE APPLICATION.
You acknowledge that this agreement is entered into by and between you and Hotwire Communications,
its parents, subsidiaries, and affiliates (collectively, “Hotwire”). This end user license agreement
sets forth the terms and conditions governing the use of any Hotwire mobile application downloaded
or otherwise acquired by you.
Incorporated Terms; Limitations. Your use of any of Hotwire’s Mobile Applications (the “APP" or
“APPs”) is subject to all Hotwire APP-related terms of service, including, without limitation, this
Hotwire Mobile Applications End User License Agreement (“APP EULA”), the Hotwire Mobile Applications
Terms and Conditions of Acceptable Use (“APP Terms”), the Hotwire Mobile Applications Privacy Policy
(“APP Privacy Policy”)(collectively, the “APP Terms of Service”), available at
https://gethotwired.com/terms, and the terms of service for any applicable Hotwire service to which
you subscribe and/or access using the APPs, all of which are incorporated herein by reference, as
well as any other service provider terms that may apply. APPs are intended only for use by active
Hotwire subscribers. APPs are available only through app stores in the U.S., and you acknowledge and
agree that the APPs are only to be used within the continental U.S. IF YOU DO NOT AGREE WITH ANY OF
THE APP TERMS OF SERVICE, DO NOT DOWNLOAD, INSTALL, OR USE THE APPS. To the extent you download,
install, or use the APPs, you agree to be bound by all of the terms and conditions set forth in the
APP Terms of Service.
This APP EULA is between you and Hotwire, and not with Google Inc. (“Google”), and Hotwire is solely
responsible for the APPs and the content thereof. You acknowledge that you have had the opportunity
to review Google’s app terms of service, and that such app terms of service shall apply to your use
of the APPs. You acknowledge that Google and its subsidiaries are third party beneficiaries of this
APP EULA, and upon your acceptance of the terms and conditions of this APP EULA, Google shall have
the right, and will be deemed to have accepted the right), to enforce this APP EULA against you as a
third-party beneficiary thereof.
Charges. You are responsible for all data or service charges in connection with the downloading and
use of the APPs.
Registration. If you have not already done so, use of the APPs requires you to register with Hotwire
and obtain a User ID and password. You will use your User ID and password to access APPs.
Scope of License. Subject to your compliance with the terms of this APP EULA, Hotwire hereby grants
to you a limited, revocable, royalty-free, non-exclusive, and non-transferable license to download,
install, and use APPs, including but not limited to the Hotwire Fision Mobile App and the FisionGo®
App, solely to access eligible Hotwire services using any Google-branded products that you own or
control, and as permitted by the app terms of service set forth in the Google app store. Certain
software or technical information is licensed from third parties and may be covered by one or more
U.S. Patents, pending U.S. patent applications, and pending counterpart European and international
patents. All rights not expressly granted in this APP EULA are reserved by Hotwire. You acknowledge
that this license is not a sale of intellectual property and that Hotwire and/or its third party
licensors, providers, or suppliers continue to own all right, title and interest, including, but not
limited to, all copyright, patent, trademark, trade secret, and moral rights to the APPs and related
documentation. The APPs are intended for your use as a residential/consumer subscriber and for your
personal, private, noncommercial use only.
NOTICE REGARDING TRANSFER OF DATA. USE OF THE APPS REQUIRES THAT PERSONAL DATA BE PROCESSED IN THE
U.S., WHERE THE COMPUTING SYSTEMS AND INFRASTRUCTURE NECESSARY FOR YOU TO USE THE APPS ARE LOCATED.
FEATURES AND CAPABILITIES OF THE APPS WOULD NOT BE AVAILABLE WITHOUT SUCH PROCESSING OF PERSONAL
DATA IN THE U.S., AND YOU HEREBY EXPRESSLY CONSENT TO THE PROCESSING BY AND TRANSFER OF PERSONAL
DATA WITHIN THE U.S. FOR THAT PURPOSE.
Restrictions. No license is granted to you in the source code of the APPs and no rights are granted
to you in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the
APPs. You may not, or allow others to, (i) adapt, alter, modify, de-compile, reverse engineer,
translate, or create derivative works of the APPs or any included software, (ii) remove, efface or
obscure any copyright or other proprietary notices from the APPs, (iii) exploit, copy, reproduce,
sublicense, transfer or assign the APPs, (iv) further distribute the APPs, or (v) export the APPs or
use the APPs outside of the United States.
Ownership. Copyright © 2018 Hotwire Communications. All rights reserved. You agree that Hotwire
retains all right, title, and interest in and to the APPs and all copies of the APPs, including all
copyrights in the APPs.
Privacy. Hotwire may collect and use information regarding your wireless device and your use of the
APPs as described in the APP Privacy Policy. You hereby acknowledge and agree that the APPs may
periodically send technical data and related information to Hotwire to facilitate the provision of
updates, product support, and other services to you related to the APPs. Such information may
include, but is not limited to, technical or identifying information about your wireless device,
and/or the software installed thereon.
The APPs may communicate, via remote activation or otherwise, with companies with which Hotwire does
business, with regard to the need for periodic updates to address security, performance, and other
issues. You acknowledge and agree that Hotwire and its suppliers may periodically make such
communications remotely and download and install such updates to the APPs stored on your handheld
device without further notice to you and that such updates shall be incorporated into this APP EULA
under the definition of APPs and thus subject to the same use restrictions.
Location Data. Unless you allow Hotwire access to your location, we may not be able to provide
access to certain content that has geographic limitations.
Third Party Terms of Agreement. Notwithstanding any other provision of this APP EULA, this APP EULA
shall not be deemed to apply to any software that is licensed, sold and/or provided to you by third
parties, or any other software licensed to you by or through Hotwire, and that is included on your
wireless device ("Other Software"). Any such Other Software is subject to the terms and conditions
of the license agreement, if any, between you and the developer or licensor of the Other Software,
and you must comply with those terms. You must comply with any applicable third party terms of
service when using the APPs.
Protect Your Information. If you choose the option to remain signed into your Hotwire account, any
user accessing your handset device will be able to view and manipulate your account information and
other sensitive information. Hotwire recommends that you log out when you are no longer using the
APPs, and that you use other security measures provided by your handset (for example, password
protecting/"locking" your handset when not in use). You are responsible for all activity taken using
your account credentials.
App Access, Network Security, and Wi-Fi. You agree that you are solely responsible for obtaining,
installing, configuring, and maintaining suitable equipment, including your broadband service,
computer, router and software, including any necessary system or software upgrades, patches or other
fixes that are or may become necessary to access the APPs. You agree that you are responsible for
providing security measures that are suited for your intended use of the APPs, and you shall take
full responsibility for taking adequate measures to safeguard your data from loss. In addition, you
understand that certain features of an APP may require equipment and software that supports Wi-Fi
connectivity, such as a wireless router, and that you are responsible for securing such wireless
communications and that wireless communications can be intercepted by third parties. Neither Hotwire
nor any of its affiliates will be liable to you or any other party for any data loss or any other
security issues that may result from your use of the APPs. APPs utilize, in whole or in part, the
public Internet and third-party networks to transmit voice, data and/or other communications. You
agree that the Internet is not a secure network, is not owned, operated or managed by, or in any way
affiliated with Hotwire or its affiliates, and that third parties may be able to intercept, access,
use or corrupt the information and telephone calls you transmit over the Internet. You further agree
that neither Hotwire nor its affiliates owns or controls all of the various facilities and
communications lines through which the functionality of the APPs may be provided. You agree that all
use of the APPs is your sole responsibility, is solely at your own risk, and is subject to all
applicable local, state, national, and international laws and regulations.
Term and Termination. This APP EULA will become effective with respect to an APP on the date you
first download, install, and/or use an APP, and it will remain in effect until terminated. You may
terminate this APP EULA with respect to an APP at any time by removing the APP from your wireless
device(s). This APP EULA also will terminate immediately with respect to the APPs, without notice,
in Hotwire’s sole discretion, if you fail to comply with any term or condition of this APP EULA.
Upon termination, you agree to immediately remove any APPs from your wireless device(s).
Without prejudice to any other rights that Hotwire may have, Hotwire reserves the right and sole
discretion to change, limit, terminate, modify at any time, temporarily or permanently cease to
provide any function of the APPs to any user or group of users, without prior notice and for any
reason or no reason. All obligations of the parties under this APP EULA, which by their nature would
continue beyond the expiration or termination of this APP EULA, including without limitation, those
relating to Limitation of Liability, shall survive any expiration or termination of this APP EULA.
MAINTENANCE AND SUPPORT. You agree that Google is not responsible in any way for the APPs, including
without limitation for any maintenance or support for the APPs, and is not a party to this APP EULA,
which is between you and Hotwire only. You acknowledge that Hotwire is solely responsible for
providing any maintenance and support services with respect to the APPs, and that Google has no
obligation whatsoever to furnish such maintenance and support services.
PRODUCT CLAIMS. You acknowledge that Hotwire, and not Google, is responsible for addressing any
claim you or a third party may have relating to the APPs or your possession and/or use of the APPs,
including, but not limited to: (i) product liability claims; (ii) any claim that the APPs fails to
conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection, privacy, or similar legislation.
Hotwire DISCLAIMER OF WARRANTY. THE APPS ARE LICENSED TO YOU "AS IS." HOTWIRE DISCLAIMS ANY AND ALL
WARRANTIES REGARDING THE APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
HOTWIRE ALSO DISCLAIMS ALL WARRANTIES WITH REGARD TO WHETHER THE APPS WILL MEET YOUR REQUIREMENTS,
WORK IN COMBINATION WITH ANY HARDWARE OR OTHER SOFTWARE, OR OPERATE ON AN UNINTERRUPTED OR
ERROR-FREE BASIS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
DISCLAIMERS MAY NOT APPLY OR MAY BE LIMITED.
LIMITATION OF LIABILITY. IN NO EVENT WILL HOTWIRE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR STATUTORY DAMAGES OF ANY KIND ARISING OUT OF THE
DOWNLOAD, INSTALLATION, AND/OR USE OF THE APPS, INCLUDING, BUT NOT LIMITED TO, LOST DATA, REVENUES,
BUSINESS, OR PROFITS, EVEN IF HOTWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION MAY NOT APPLY OR MAY BE LIMITED. IN NO EVENT SHALL HOTWIRE’S TOTAL LIABILITY TO
YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT OF FIFTY
DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
Legal Compliance. YOU REPRESENT AND WARRANT THAT (i) YOU ARE NOT LOCATED IN ANY COUNTRY SUBJECT TO A
U.S. GOVERNMENT EMBARGO OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A "TERRORIST
SUPPORTING" COUNTRY; AND (ii) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR
RESTRICTED PARTIES.
Dispute Resolution; Governing Law; Venue. You and Hotwire agree that each may bring claims against
the other only in your or its individual capacity and not as a plaintiff or class member in any
purported class or representative proceeding.
Any dispute arising out of or relating to this APP EULA, including the alleged breach, termination,
validity, interpretation, and performance thereof (“Dispute”) shall be resolved with the following
procedures:
A. Negotiation - Upon written notice of any Dispute, the parties shall attempt to resolve it
promptly by negotiation between parties who have authority to settle the Dispute, and this process
should be completed within 30 days (the “Negotiation”) of notice of the Dispute;
B. Mediation - If the Dispute has not been resolved by negotiation in accordance with paragraph A,
then the parties shall proceed to mediation unless the parties agree to a different negotiation
timeframe. A “Notice of Mediation” shall be served, signifying that the Negotiation was not
successful and to commence the mediation process. The parties shall agree on a mediator; however, if
they cannot agree within 14 days, then upon a motion of one of the parties, the Court Mediation and
Arbitration of Broward County, Ft. Lauderdale, FL, shall appoint a mediator. The mediation session
shall be held within 45 days of the retention of the mediator, and last for at least one full
mediation day, before any party has the option to withdraw from the process. The parties may agree
to continue the mediation process beyond one day, until there is a settlement agreement, or one
party [or the mediator] states that there is no reason to continue because of an impasse that cannot
be overcome and sends a “notice of termination of mediation.” All reasonable efforts will be made to
complete the mediation within 30 days of the first mediation session.
During the course of the mediation, no party can assert the failure to fully comply with paragraph A
as a reason not to proceed or to delay the mediation. The service of the Notice of Mediation shall
stay the running of any applicable statute of limitations regarding the Dispute until 30 days after
the parties agree that the mediation is concluded or the mediator issues a Notice of Impasse. Each
side shall bear an equal share of the mediation costs unless the parties agree otherwise.
All communications, both written and oral, during Phases A and B are confidential and shall be
treated as settlement negotiations for purposes of applicable rules of evidence; however, documents
generated in the ordinary course of business prior to the Dispute, that would otherwise be
discoverable, do not become confidential simply because they are used in the Negotiation and/or
Mediation process.
The mediation process shall be confidential based on terms acceptable to the mediator and/or
mediation service provider;
C. Arbitration - Any Dispute not resolved through negotiation or mediation in accordance with
paragraphs A and B shall be resolved by final and binding arbitration in accordance with the
Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be held
in Broward County, Florida, using one arbitrator, unless the Dispute exceeds one million dollars
(USA) in which case there shall be three neutral arbitrators, as a panel. The arbitrators may award
costs and/or attorneys’ fees to the prevailing party. The parties understand that arbitration is
final and binding and that they are waiving their rights to other resolution processes (such as
court action or administrative proceeding).
Unless both you and Hotwire agree otherwise in writing, the mediator or arbitrator may not
consolidate more than one person's Dispute, and may not otherwise preside over any form of a
representative or class proceeding.
Any Dispute between the parties regarding the APP EULA will be governed by Florida law, and any
Dispute is subject to the exclusive venue of the state and federal courts in the county of Broward,
the state of Florida. The parties hereby consent to the exclusive jurisdiction and venue of such
courts, without regard to conflicts or choice of laws principles.
You acknowledge and agree that you are waiving a right to litigate applicable Dispute in court
before a judge or jury. You agree the United Nations Convention on Contracts for the International
Sale of Goods (1980) terms are hereby excluded in its entirety from any application to the Terms of
Service.
Miscellaneous. If any provision of this APP EULA is held illegal, invalid, or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent necessary to make it legal,
valid, and enforceable, and the legality, validity, and enforceability of all other provisions of
this APP EULA shall not be affected thereby. This APP EULA constitutes the entire agreement between
you and Hotwire regarding its subject matter, and it supersedes any prior agreements, whether
written or oral, relating to the subject matter of this APP EULA. Hotwire reserves the right to
update, revise, supplement, and/or otherwise modify this APP EULA (any or all being an "Update")
from time to time. Your downloading, installation, and/or continued use of the APPs following any
Update constitutes your acceptance of such Update.
App Developer Contact Information. Hotwire Communications is the developer of the APPs and is
located at 2100 West Cypress Creek Road, Fort Lauderdale, FL 33309; telephone number 800-355-5668.
Your questions, complaints, or claims with respect to the APPs should be directed via email to
legaldepartment@hotwirecommunication.com.
APP EULA effective date May 1, 2018
