Access Limitations. Use of this wireless network is provided as a free service by the City of Culver City (the â€śCityâ€ť) and Culver City Redevelopment Agency (the â€śAgencyâ€ť), in conjunction with Wireless Hotspot, Inc. (â€śWHIâ€ť). The City and Agency are offering this free service solely to promote economic health of the City through the commercial use of its downtown area by providing wireless access to portions of the Internet and by providing access to information regarding downtown businesses and amenities. It is not the intent of the City or the Agency to allow unlimited access to the entire Internet. Nor is it the intent of the City or Agency to create a traditional or limited public forum ( i.e., a free speech arena). Therefore, in providing this free wireless network, the City and Agency may restrict access to certain sites and communication protocols found to be malicious and inappropriate or terminate your access to this service if you use it to access pornographic, adult-oriented, hate or spyware matter or websites. By using this free wireless network you are agreeing and acknowledging you have read and accepted these terms and conditions of use, and this wireless network provides only limited access to the Internet. Further, you are agreeing to waive any claims, including, but not limited to First Amendment claims, that may arise from the City and Agency's decision to block access to pornographic, adult-oriented, hate or spyware matter and websites through this free wireless network and to this service for accessing pornographic, adult-oriented, hate or spyware matter or websites.
By reading and accepting these terms and conditions, you are agreeing access to this wireless network is completely at the sole discretion of the City and Agency and your access to this wireless network may be suspended or terminated at any time for any reason, including, but not limited to, violation of these terms and conditions, actions by you that may lead to liability for the City, Agency or WHI, disruption by you of another's access to this free wireless network, actions by you which violate the rights of the City, the Agency, WHI, or of any other third party or actions by you which violate any federal, state or local law. You also agree not to use this free wireless network in any unauthorized manner to download any copyrighted matter, whether in audio, video, photographic, textual or any other format, nor to download any pornographic, adult-oriented, hate or spyware matter, whether in audio, video, photographic, textual or any other format.
User's Obligations. You agree to provide virus and firewall protection for any device(s), which you will be using to access this wireless network.
User's Assumption of All Risks of Use. You agree to and hereby assume all risks (including, but not limited to, the risks of damage caused by hackers, worms, Trojans or viruses) arising from, connected to or resulting from your use of this wireless network.
User's Acknowledgments. You acknowledge: 1) the use of this wireless network may not be uninterrupted or error-free; 2) use of this wireless network may expose you or your device(s) to risks such as hackers, worms, Trojans or viruses; 3) neither the City, the Agency nor WHI guarantees the security of this wireless network; 4) unauthorized third parties may access your device(s) or files or otherwise monitor your use of this wireless network; 5) the City, the Agency and WHI's ability to provide this wireless network without charge is based on the disclaimers and limitations of liability provided in the â€śDisclaimersâ€ť and â€śLimitation of Liabilityâ€ť paragraphs (below) and provision of this wireless network would require a substantial fee if any of those provisions were unenforceable.
Disclaimers. This wireless network and any products or services provided on or in connection with this wireless network are provided on an â€śas isâ€ť and â€śas availableâ€ť basis and without warranties of any kind. All conditions, representations, indemnities, guarantees and warranties (whether express, implied or arising by operation of law, custom or the prior statement(s) of any party), including, but not limited to, any warranty of satisfactory quality, merchantability or fitness for a particular purpose, are hereby excluded and disclaimed. NOTE: Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusion may not apply to you.
Limitation of Liability. Under no circumstances will the City, the Agency, WHI or any of their officers, directors, employees, agents or affiliates be liable for any legal damages (whether based on tort, breach of contract or equitable theories) based on any claim of the user, or any of the user's heirs, assignees, appointees or successors-in-interest, and arising out of or as a result of the user's use of this wireless network.
Indemnification. You agree to indemnify and hold harmless the City, the Agency and WHI and each of their suppliers, licensors, officers, directors, employees, agents or affiliates from any claim, lawsuit, liability, loss, damage, cost, expense or attorney's fees arising out of or relating to any actions initiated or caused by you while using this wireless network.
Severability. If any provision of these terms and conditions is held to be unenforceable, such holding will not affect the validity of any of the other provisions of these terms and conditions.