Green Table Guest Wi-Fi Terms and Conditions of Use
Last updated on November 4, 2019
If you are under 18 years of age, you may use Green Table’s Guest Wi-Fi only with the consent of a parent or guardian. You represent and warrant that you possess the legal right and ability to agree to these Guest Wi-Fi Terms and Conditions, and to use Green Table’s Guest Wi-Fi pursuant to these Guest Wi-Fi Terms and Conditions.
Access to Green Table’s Guest Wi-Fi
Your ability to access Green Table’s Guest Wi-Fi is in our sole discretion, and Green Table makes no representation, warranty, or other guarantee that its Guest Wi-Fi will be available to you at all times. Green Table reserves the right to set conditions upon its guests’ use of the Guest Wi-Fi, including minimum food or beverage purchase amounts and to set other limits, as may be required from time to time. Green Table will not be liable if, for any reason, the Guest Wi-Fi is unavailable to you. Green Table’s Guest Wi-Fi is made available to you on an “as-is” basis. Green Table has sole discretion to reserve the right to refuse, suspend, terminate, or revoke your access to its Guest Wi-Fi for any reason, including but not limited to any violation of these Guest Wi-Fi Terms and Conditions.
You understand the following:
· Green Table’s Guest Wi-Fi is made available to its guests;
· Green Table’s Guest Wi-Fi may not be uninterrupted or error-free;
· No use of Green Table’s Guest Wi-Fi should be considered to be 100% secure, private, or protected;
· Green Table does not guarantee the security of its Guest Wi-Fi, nor otherwise guarantee that third parties will not access your devices, files, data, or otherwise monitor your connection to Green Table’s Guest Wi-Fi;
· That you should take and are responsible for taking all necessary security precautions to maintain the security of your own devices and information while using Green Table’s Guest Wi-Fi, including but not limited to use of up to date anti-virus and firewall software; and
· Green Table is not liable for any intercepted transactions or data, nor for any harm to your devices resulting from your use of Green Table’s Guest Wi-Fi.
Your Use of Green Table’s Wi-Fi Internet Service
You agree not to use Green Table’s Guest Wi-Fi for any of the following purposes:
· Viewing or sending any information, data, text, files, links, software, or other material that Green Table considers to be unsuitable for minors, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, prurient, violent, hateful, offensive, or otherwise inappropriate or objectionable;
· Promoting any type of illegal substance or activity;
· Sending or posting harassing, abusive, or threatening messages;
· Invading the privacy of others;
· Hacking, posting, or spreading viruses, spyware, malware, worms, Trojan horses, or engaging in any other destructive activities or programming;
· Attempting to conceal or misrepresent your identity;
· Disrupting or unnecessarily causing hardship on Green Table’s Guest Wi-Fi, or preventing other third parties from accessing Green Table’s Guest Wi-Fi;
· Sending spam or other direct marketing communications, or posting, transmitting, or linking to any unsolicited advertising, promotional materials, or any forms of solicitation or commercial content in violation of the law;
· Intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, federal, or international law;
· Violating the rights of any third party, including any intellectual property rights;
· Using such to damage the image or reputation of Green Table, other users, or third parties; or
· Using framing technologies to enclose any trademark, logo, or other proprietary information.
You also understand and expressly agree that: 1) Green Table’s Internet service provider (“ISP”) is obligated to enable access to any of your identifying information to governmental or law enforcement authorities; and 2) Green Table and its ISP may disclose such information if required to comply with any court order, subpoena, other legal process or regulatory or governmental request.
These Guest Wi-Fi Terms and Conditions are governed by the laws of the State of California, without reference to any conflicts of laws provisions. As detailed in our Terms, any and all disputes or claims arising out of or related to your use of Green Table’s Guest Wi-Fi and/or these Guest Wi-Fi Terms and Conditions shall be exclusively resolved by binding arbitration subject to the following parameters: a) the arbitration will be conducted and administered by a single arbitrator in Santa Barbara (or Los Angeles County, if none is available), California; b) administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures; c) the cost of the arbitration, including the fees and expenses of the arbitrator and administrative fees of JAMS, shall be shared equally by the parties; d) the arbitrator will have no authority to award damages other than actual damages, and costs and fees to the prevailing party; e) the arbitrator may not make any ruling, finding or award that does not conform to these Terms; and f) judgment upon the award may be entered in any court having jurisdiction thereof. In all arbitrations, each party will bear its own expenses. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Website must be brought exclusively through arbitration within one (1) year after the accrual of such claim or cause of action, or forever be barred. If any part of this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration clause shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If the entire arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
To contact us with any inquiries or complaints, including any regarding these Guest Wi-Fi Terms and Conditions, you may contact us via email at email@example.com, or via mail at: 113 W. De La Guerra St., Santa Barbara, CA 93101.
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