WiFi Systems Terms & Conditions
THE MOUNTAINEERS WiFi SYSTEMS TERMS AND CONDITIONS
Welcome to wireless high-speed internet access systems (WiFi Systems) at THE MOUNTAINEERS Program Centers and other facilities. These TERMS AND CONDITIONS govern your rights and responsibilities and our rights and responsibilities relating to the use of the WiFi Systems.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By clicking ACCEPT on the WiFi systems sign-in page, you represent that:
1. You have read, understand and agree to the terms of this Agreement, and
2. You are at least 18 years of age or have your parents consent.
Your electronic acceptance of the Agreement by clicking on ACCEPT on the sign-up page has the same effect as if you had actually signed the Agreement. The effective date is the date that you click on ACCEPT.
If you do not agree to the terms of this Agreement, you may not use the WiFi Systems.
DESCRIPTION OF WiFi SYSTEMS AND SERVICE AVAILABILITY
THE MOUNTAINEERS will provide access to the WiFi Systems at locations that have been equipped with wireless access points. Access points may not be available in all areas of THE MOUNTAINEERS facilities and may not always be operational. WiFi Systems are provided free of charge as a value added service to visitors, guests, members, clients, and business partners.
YOUR RESPONSIBILITIES
You must (1) provide all equipment and software to connect to the WiFi Systems, (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property laws.
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 WiFi Systems and (2) all communications that you send or receive via the WiFi Systems.
THE MOUNTAINEERS does not undertake the security of any data you send through the WiFi Systems and it is your responsibility to secure such data.
ACCESS TO INTERNET
THE MOUNTAINEERS does not screen or restrict access to any content placed on or accessible through the Internet. THE MOUNTAINEERS 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, obscene or otherwise offensive. You agree that The Mountaineers is not liable for any action or inaction with respect to any such content on the Internet accessible through the WiFi Systems.
By using the WiFi Systems, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that THE MOUNTAINEERS is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
TERMINATION
You agree that THE MOUNTAINEERS may terminate this Agreement and cancel your access to the WiFi Systems 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 WiFi Systems to perform any illegal activity. You further agree that in the event of termination for any reason, THE MOUNTAINEERS will have no liability to you.
MODIFICATIONS
THE MOUNTAINEERS may, at its sole discretion, modify the terms and conditions of this Agreement at any time. Such modifications shall be binding and effective upon posting on the WiFi Systems 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 WiFi System after such postings, you accept and agree to any and all such modifications.
INDEMNIFICATION
You shall defend, indemnify and hold THE MOUNTAINEERS and its 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 attorney fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the WiFi Systems or any breach of this Agreement.
NO WARRANTY
THE WiFi SYSTEMS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND. THE MOUNTAINEERS DOES NOT WARRANT THAT THE WiFi SYSTEMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOUNTAINEERS MAKES NO EXPRESS WARRANTIES AND USER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE MOUNTAINEERS OR THE INTERNET GENERALLY. USER EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND THE MOUNTAINEERS DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY THE MOUNTAINEERS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY
THE MOUNTAINEERS, ITS EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WiFi SYSTEMS OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.