Living Spaces Wi-Fi Terms and Conditions of UseWelcome to the wireless high-speed Internet access system (Wi-Fi System) at Living Spaces. These Terms and Conditions of Use (the Agreement)govern your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System at Living Spaces (the Facilities).
Please read the following information carefully before using this service.
1. Acceptance of Terms and Conditions of Use.
By Clicking on I AGREE on the Wi-Fi System Sign-Up Page, you represent that (a) YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, AND (b) YOU ARE AT LEAST 18 YEARS OF AGE.
If you do not agree to the terms of this Agreement, you may not use the Wi-Fi System. Your electronic acceptance of the Agreement by clicking on I AGREE on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date of this Agreement is the date that you click on I AGREE.
2. Description of Wi-Fi System/Service Availability.
Living Spaces (the Provider or us, our or we) will provide you with a personal, nontransferable and nonexclusive account enabling you to access the Wi-Fi System at locations (Enabled Locations) that have been equipped with wireless access points (the Service). Access points or Enabled Locations may not be available in all areas of the Facilities, and may not always be operational. Enabled Locations are also subject to change at any time without notice.
Actual Service coverage, speeds, locations, and quality may vary. You understand that from time to time the Service may be interrupted, refused, limited, curtailed, inaccessible or inoperable for any reason, including without limitation: (1) equipment or network problems or malfunction; (2) periodic maintenance procedures or repairs which provider may undertake from time to time; (3) emergencies, third party service failures, transmission, interference, signal strength; or (4) causes beyond the control of Provider or which are not reasonably foreseeable by Provider. Provider is 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. Network speed is an estimate and is no indication of the speed at which your equipment or Device (as defined below) or the Service sends or receives data. Actual network speed will vary based on your equipment or Device configuration, compression, distance, network congestion, interference and other factors.
3. Fee for Wi-Fi System.
The Wi-Fi system at Living Spaces is provided free of charge as a value added service.
4. Access to Internet Content.
Provider does not screen or restrict access to any content placed on or accessible through the Internet. Provider also does not screen or restrict communications between parties via the Internet. You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, abusive, threatening, malicious, harassing, obscene or otherwise offensive, and with respect to which Provider exerts no editorial control, screening or blocking measures. You agree that Provider is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System. If you wish to limit access to such material, there are a number of commercially available products that can help you do so. Provider makes no warranty regarding such materials, content or information. Under no circumstances shall Provider be held liable for any goods, services, or content available on or through such sources, or for any harm related thereto, and any complaints, concerns or questions you may have relating to such content should be forwarded directly to the sources responsible therefore.
5. Your Responsibilities.
You must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi System, and (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws.
Unless we state otherwise in writing, you are receiving a single user account solely for your use of the Service through one wireless local area network compatible device (Device) per log-in session. You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You acknowledge and agree that if you share the Service with another party, such sharing breaches the Agreement any may constitute fraud or theft, for which Provider reserves all rights and remedies. You acknowledge and agree that Provider owns all rights, title and interest in and to each specific IP or other address, log-in name, or password that you use on our network. Provider may change your address, log-in name or password at any time. Provider will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your Device. You may not assign your log-in name, password or IP address to any other person or Device. You agree to protect your log-in name and password and you are solely responsible for any authorized or unauthorized usage of your account. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
You agree to notify us immediately of any unauthorized use of your account or other security breach.
You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. Provider does not undertake the security of any data you send, receive or transmit through, or store on, the Wi-Fi System and you are solely responsible for the security, confidentiality and integrity of all messages, content and data that you receive, transmit through or store on, through or via the Wi-Fi System or 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. Provider has no responsibility for third party provider policies, or their compliance with them.
When reasonably practicable, Provider will attempt to respect your privacy. Provider will not monitor, edit or disclose any personal information about you, your account, including its contents or your use of the Service, without your prior consent unless Provider has a good faith belief that such action is necessary to: (1) comply with legal process or other legal requirements of any governmental authority; (2) protect and defend the rights and/or property of Provider; (3) enforce this Agreement; (4) protect the interests of users of the Service other than you or any other person; or (5) operate or conduct maintenance or repair of Provider's services or equipment, including the Service as authorized by law.
You acknowledge and agree that you have no expectation of privacy whatsoever when using the Service and with respect to the Internet generally, and that wireless Internet connections such as that provided through the Service are not secure. Your IP address is transmitted and recorded with each message you send from the Service. Communications may be intercepted by others and your equipment or Device may be subject to surveillance and/or damage. Accordingly, in providing this Service, Provider cannot and does not promise any privacy protection when you use the Service. It is your sole responsibility to install and deploy technological tools to protect your communications Device and other equipment that may be compromised by use of a wireless network.
6. Acceptable Use Policy.
All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Provider does not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly we do not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Provider to liability or may violate this AUP. Provider may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the Wi-Fi System, or legal action instituted.
The following constitute examples of violations of this AUP. You agree to not use the Wi-Fi System to:
6.1 Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
6.2 Harm, or attempt to harm, minors in any way;
6.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;
6.4 Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
6.5 Download, disseminate or transmit (by uploading, posting, email or otherwise) any material that actually or potentially infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity or misappropriates any trade secret of any person or entity;
6.6 Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, unregistered sales of securities, or securities fraud, or any other form of solicitation;
6.7 Transmit any material (by uploading, posting, email or otherwise) that contains software viruses, Trojan horses, spyware, malware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
6.8 Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
6.9 Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including, without limitation, exporting, re-exporting or permitting downloading of any message and/or content in violation of any export and import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
6.10 Stalk or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
6.11 Resell the Wi-Fi System without Provider's authorization;
6.12 Use the Wi-Fi System for high volume data transfers or bandwidth consumption, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server, and non-traditional end user activities;
6.13 Attempt to intercept, collect or store data about third parties without their knowledge or consent;
6.14 Delete, tamper with or revise any material posted by any other person or entity; or access, tamper with or use non-public areas of the Service, the Wi-Fi System, Providers' computer systems and network or any Provider website;
6.15 Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
6.16 Attempt to access or search the Service, Provider's network or any Provider website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
6.17 Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Wi-Fi System, Service, Provider's network or any Provider website;
6.18 Engage in any other activity deemed by Provider to be in conflict with the spirit or the intent of this Agreement.
Provider requests that anyone who believes that there is a violation of this AUP direct the information to firstname.lastname@example.org. If available, please provide the following information: (1) the IP address used to commit the alleged violation; (2) the date and time of the alleged violation, including the time zone; (3) evidence of the alleged violation; and (4) your contact details including full name, email address and telephone number. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
Provider reserves the right, in its sole discretion, to remove or disable access to all or any portion of the Service, suspend your access to or use of the Service, reduce the bandwidth available to you, or terminate this Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of termination for any reason, Provider will have no liability to you.
8. Termination by Acceptable Usage.
From time to time Provider may impose reasonable rules and regulations regarding the use of its Services. The rules under this Agreement are not exhaustive and Provider reserves the right to modify these. You agree to abide by these rules. Any violation to these rules may result in the suspension or termination of your Service. Any unlisted activity may also be a violation of these rules if it is illegal, irresponsible, or disruptive to the network or Wi-Fi System.
9. Notice of Problems or Complaints.
If you experience a problem accessing or using the Wi-Fi System, please inform one of the store associates. While we will make every effort to ensure Wi-Fi service is available to your location WE CAN NOT ASSIST WITH YOUR PARTICULAR DEVICE.
Provider may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the Wi-Fi System Internet Access Signup page. You agree to periodically review the Internet Access Signup page to maintain awareness of any modifications. By continuing to use the Wi-Fi System after such postings, you accept and agree to any and all such modifications.
You shall defend, indemnify and hold Provider and its corporate affiliates and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, (1) your breach of this Agreement; (2) your use of the Service, including any data or work transmitted or received by you; and/or (3) any unacceptable use of the Service, including, without limitation, any statement, data or content made or republished by you which is prohibited as unacceptable under the Acceptable Use Policy described above.
THE WI-FI SYSTEM AND SERVICE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE, ACCURATE, COMPLETE, USEFUL, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVIDER MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND THE PROVIDER DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY THE PROVIDER OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL PROVIDER OR ITS EMPLOYEES BE LIABLE TO YOU OR ANY OTHER PERSON, EITHER DIRECTLY OR INDIRECTLY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, MULTIPLE, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PRIVACY OR SECURITY DAMAGES, PERSONAL INJURY OR PROPERTY DAMAGES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES, FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE, THE WI-FI SYSTEM OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OR INTERRUPTION OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF OR INTERCEPTION OF OR LOSS OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ACCESS TO THE WORLD WIDE WEB, ANY TRANSACTION OR AGREEMENT ENTERED INTO OR ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL COMPANY'S LIABILITY FOR ANY DAMAGES, INCLUDING DIRECT DAMAGES, ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR THE INTERNET GENERALLY EXCEED US $0.
SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
14. Choice of Law/Jurisdiction.
This Agreement shall be governed by the laws of the State of California without reference to that state's conflicts of laws analysis. Provider and you each hereby irrevocably and unconditionally submit to the jurisdiction of the United States District Court for California or any state court of competent jurisdiction sitting in Los Angeles County, California for purposes of all legal proceedings arising out of or relating to this Agreement or the transactions contemplated hereby, and agree not to commence any legal proceedings related thereto except in such court. Service of process in any such proceeding may be made by certified mail, return receipt requested, or its international equivalent, directed to the respective party at the address at which it is to receive notice as provided herein. Provider and you each irrevocably waive, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
15. Waiver and Severability.
No failure, delay in exercising or enforcing any right or remedy hereunder by Provider shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
16. Entire Agreement.
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understanding, whether oral or written, between the parties concerning the Service.
By entering I agree below, you are entering into a binding agreement.