End User License Agreement (“EULA”) Please read this EULA carefully before connecting to the Wi-Fi service from this website. This EULA is a legal agreement between you (“End User” or “you”) and Customer (“us” or “we”) regarding your use of the Wi-Fi service (the “Service”) that enables wireless access to our provided Internet service. By joining and using the Service from this website, you agree that you are bound to the terms set forth herein, including but not limited to the privacy policy defined in Section 1.4 and limitations of liability set forth in Section 5. Where referenced, “service provider” refers to the third-party entity that enables our provision of the Service to you. If you do not agree to the terms of this EULA, you are not permitted access to the Service and should stop the joining process now. 1.1 This EULA governs your use of the Service including any updates to the Service. 1.2 We may change these terms at any time and all changes will be provided to you via a link on the Service log-in page. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service. 1.3 You are assumed to have obtained permission from the owners of the computer, mobile telephone, or other device(s) used by you to use the Service. You accept responsibility for the use of any such Device, whether or not it is owned by you, and any associated services used by you to access the Service, including any applicable charges. 1.4 The terms of our privacy policy, available through a link on the log-in page (see “Privacy Policy”), are incorporated into this EULA by reference and apply to the Service. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure, and that any message or information you send via the Service may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted. 1.5 By using the Service, you consent to the collection and use – by us or the service provider – of technical information about the mobile telephone, computer, or other device you use to access the Service (the “Device”) and related software, hardware, and peripherals for services that are Internet-based or wireless. You also consent to our and the service provider collecting and using information about you, including your personally identifiable information that you provide us through the use of the Service (including information you make available over social media sites). Information collected from you may be used for the purposes stated in the Privacy Policy and to improve our and the service provider's products and to provide you with new products and services, discounts on existing products and services, and other information that may be beneficial to you. 1.6 The Service will make use of location data sent from Devices. If you use this Service, you consent to the transmission, collection, maintenance, processing, and use of your location data by us, our affiliates and licensees, and by the service provider, and further consent to queries to provide and improve location-based products and services. 1.7 The Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You must exercise your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. 2. Grant and Scope of License 2.1 In consideration of your agreement to abide by the terms of this EULA – evidenced by your acceptance of this EULA and your use of the Service – we grant you the right to use the Service in accordance with the terms set forth herein. No other rights are granted hereby. 2.2 You may stop using the Service at any time. We may cease provision of the Service at any time. 3. Acceptable Use Restrictions You must not: • Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system; • Infringe our intellectual property rights or those of any third party in relation to your use of the Service, including the transmission of any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; • Use the Service in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users; • Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running the Service; • Send, receive, publish, post, distribute, disseminate, encourage or solicit receipt of, upload, download or use any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing, menacing or a breach of copyright or other intellectual property right or any other right of any person; • Use the Service for commercial purposes; • Use the Service to send unsolicited emails; • Use the Service to transmit, store, publish or upload any electronic material which is known or is likely to cause, damage, or destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; or • Invade the privacy of another person, or cause annoyance, inconvenience, or needless anxiety to another person. 4. Intellectual Property Rights. You acknowledge that all intellectual property rights in the Service and the underlying technology belong to us, our licensors or the service provider, and that you have no rights in, or to, the Service other than the rights to use it in accordance with the terns of this EULA. 5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (AS DEFINED ABOVE) IS AT YOUR SOLE RISK, AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND CUSTOMER, CUSTOMER’S LICENSORS AND THE SERVICE PROVIDER MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SERVICE OR RELATED DOCUMENTATION. CUSTOMER (ON BEHALF OF ITSELF AND ITS LICENSORS AND THE SERVICE PROVIDER) SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. 6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CUSTOMER, CUSTOMER'S LICENSORS OR THE SERVICE PROVIDER HAVE ANY LIABILITY TO YOU, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, GENERAL OR INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, EQUITABLE RELIEF OR ANY OTHER DAMAGES OR LOSSES IN CONNECTION WITH YOUR USE OF THE SERVICE UNDER ANY LEGAL THEORY WHATSOEVER INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR NEGLIGENCE, EVEN IF CUSTOMER, CUSTOMER'S LICENSORS OR THE SERVICE PROVIDER KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER, CUSTOMER'S LICENSORS AND THE SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU IF ANY THIRD PARTY GAINS ACCESS TO YOUR CONNECTION TO THE SERVICE OR YOUR DEVICE, OR DESTROYS OR DAMAGES ANY DATA OR INFORMATION HELD BY YOU OR INFORMATION ABOUT YOU WHICH IS HELD BY US, OUR LICENSORS OR THE SERVICE PROVIDER. 7. Termination. 7.1 We may terminate this EULA without notice to you if you materially or persistently breach the terms of this EULA including but not limited to breach of any of the Acceptable Use Restrictions set forth above. 7.2 On termination for any reason, your right to use the Service hereunder shall cease, and you must immediately cease such use. 8. Transfer/Assignment. This EULA and the license rights set forth herein shall not be transferred or assigned absent Customer’s written consent. Customer may transfer and/or assign its rights and obligations under this EULA to another entity, but such transfer/assignment will not affect or impair your rights and obligations under this EULA. 9. No Waiver. Failure or delay by any Party to exercise or enforce, or a partial exercise of, any right under this EULA is not a waiver of that right. 10. Severability. If any provision of this EULA is held by any entity of competent jurisdiction to be unenforceable, the remainder of the EULA remains enforceable. 11. Governing Law. You agree that the laws of the State of New York without regard to its choice of law principles govern this EULA. You further agree that any disputes or claims that you may have against Customer, Customer's Licensors or the service provider will be resolved by a court located in the State of New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Non-U.S. products or services are subject to applicable local laws and regulations in any countries where those products or services originate or terminate, including applicable locally filed Tariffs. Any controversy, claim, or dispute (“Disputed Claim”) arising out of or relating to the Service must follow the dispute resolution process stated here. Any Disputed Claims, other than claims relating to indemnification and equitable relief, that are not resolved by the parties directly must be resolved by binding arbitration of a single arbitrator in accordance with the rules of the American Arbitration Association at a mutually agreed upon location. The decision of the arbitrator shall be reduced to writing, shall be final and binding except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction thereof. In all arbitrations, the arbitrator must give effect to applicable statutes of limitation subject to limitation of actions terms set forth in this EULA. The parties agree that any such claims arising under this EULA must be pursued on an individual basis in accordance with the procedure noted above.