Public Wi-Fi Terms and Conditions of Service

Public Wi-Fi Terms and Conditions of Service

BY USING THE SILVERSTEIN EYE CENTER ARENA (“ARENA”) PUBLIC WI-FI INTERNET SERVICE (THE “SERVICE”), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS WHICH ARE A BINDING AGREEMENT BETWEEN YOU AND ARENA.

Personal Use Only
You may use the Service for the sole purpose of accessing the Internet and certain online services that may be provided by Arena from time-to-time. You may not use the Service for any other reason, including reselling any aspect of the Service. Other examples of improper activities include, without limitation:

  • Attempting to break security, access, tamper with or use any unauthorized areas of Service;
  • Attempting to collect or maintain any information about other users of the Service for unauthorized purposes;
  • Creating or transmitting unwanted electronic communications such as “spam,” or bulk commercial messages to other users or otherwise interfering with other user’s enjoyment of the Service;
  • Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity
  • The transfer of technology, software, or other materials in violation of applicable export laws and regulations;
  • Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
  • Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity; or
  • Using the Service for any unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable purpose as determined by Arena in its discretion.

Wi-Fi Privacy Policy
Arena has the right, but not the obligation, to monitor, intercept and disclose any transmissions over or using the Service and to access, provide, and disclose your information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property).

Your Responsibilities
You understand that the Service is not inherently secure and that wireless communications can be intercepted. Arena will not be liable to you or any other party for any lack of security that may result from your use of the Service. You agree that you are responsible for providing security measures that are suited for your intended use of the Service. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, other than the Wi-Fi signal provided by Arena, you must provide all equipment, technology and software to use the Service.

Disclaimers
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. ARENA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ARENA DOES NOT WARRANT THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY OF ARENA, GLOBAL SPECTRUM, LP, INDEPENDENCE MANAGEMENT CORPORATION, THE CITY OF INDEPENDENCE, OR ANY OF THEIR RESPECTIVE OFFCIALS, REPRESENTATIVES, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES (THE “ARENA PARTIES”) BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE. In addition, the Arena Parties will not be responsible for any damages, losses, expenses or costs that you suffer as a result of: (i) any interruption or failure of the Service (ii) the downloading or use of any information, data or materials obtained via the Service or from the Internet; (iii) any failure to complete a transaction on the Internet through the Service or any loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) anything beyond the reasonable control of Arena, including but not limited to any interruption or failure of a third party’s services, software, equipment or network; (v) any unauthorized use or modification of the Service or the combination of the Service with other services, products or equipment; (VI) viruses, worms, Trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to your data, web-site, computers, or networks.

Indemnity
You agree to hold harmless and indemnify the Arena Parties from and against any third party claim arising from or in any way related to your use of the Service, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

Miscellaneous Provisions
These Terms and Conditions of Service are governed by and construed in accordance with the laws of the State of Missouri. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions of Service to be unenforceable, the remainder of the Terms and Conditions of Service will continue in full force and effect.

These Terms and Conditions of Service constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding the Service.

Acceptance of Agreement by Use
You acknowledge that you have read and understood, and you agree to, each of the provisions in these  Terms and Conditions of Service, and you represent and warrant that you are of legal age and authorized to enter a binding agreement and to accept and agree to become bound by the terms of this document. The Terms and Conditions of Service applies to you and to anyone who uses the Service from your device. If you do not agree to these Terms and Conditions of Service, you may not use the Service.