By continuing, you agree to the terms and conditions.

Wi-Fi Access Agreement and Disclaimer

This Wi-Fi Access Agreement and Disclaimer (“Agreement”) sets out the terms and conditions on which wireless internet access (the “Service”) is provided free of charge to you. You may only access the Service if you are a resident or guest of ARIUM (“Provider”, “we” or “our”).

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

Your access to the Service is completely at the discretion of the Provider. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for the Provider, disruption of access to other users or networks, or violation of applicable laws or regulations. The Provider reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at discretion of the Provider, including sharing the information with any law enforcement agencies, the Provider partners and/or the Provider vendors.

The Provider may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.

1.Access to Service.

The Service is a free service and an open network provided by Provider for your convenience and its use is at your own risk. We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk. We do not review or exercise any editorial control over the content or materials made available over the Internet by third parties, including without limitation any electronic mail transmissions, newsgroups, etc.

2.Changes to Agreement.

We may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time.

3.Your Responsibilities.

You expressly acknowledge and agree that there are security, privacy, and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection to the Internet is wired or wireless. These security issues range from interception of transmissions, loss of data, or the introduction of viruses or other programs that can damage your computer or network. You understand that the Service is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of the Service. You agree that you are responsible for providing security measures that are suited for your intended use of the Service. For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Additionally, except as otherwise provided by Provider, you must provide all equipment, technology and software to use the Service.

You are also responsible for the actions or other activity of any individual using your log-in credentials (if any) or using the Service subsequent to your acceptance of this Agreement on the device with which you accepted this Agreement. Prior to allowing another person use your device, you must disconnect from the Service so that the other person can accept this Agreement.

4.Acceptable Use of the Service

a. You must not use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any country throughout the world. You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities. The Provider’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede the Provider’ right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by the Provider with respect to such use. You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have, and are entitled to provide by law, to law enforcement authorities or rights-holders.

b. The Service is intended for the Provider resident and guest use only. Access to this Service must not be used for commercial activity.

c. You must not use the service to access, illegally or without authorization, computers, accounts, equipment or networks belonging to another person or entity, or attempting to penetrate security measures of another person or entity’s system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

d. You must not use the Service to access Internet Services, or send or receive e-mails, which:

i .are defamatory, threatening, intimidating or which could be classed as harassment;

ii.c ontain obscene, profane or abusive language or material;

iii. contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

iv .contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;

v. contain material which infringe third party’s rights (including intellectual property rights);

vi. are bulk and/or commercial messages;

vii. contain forged or misrepresented message headers, whether in whole or in part, to mask the originator of the message;

viii. are activities that invade another’s privacy; or

ix. are otherwise unlawful or inappropriate.

e. Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.

f. You must not use the service to distribute viruses, Trojan Horses, or other destructive or harmful software.

g. You must not use or access any programs or applications that require high bandwidth levels for a prolonged period of time.

h. We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to Sections 4(a) to 4(g) above.

5.Monitoring Activity.

You agree and acknowledge that we will monitor your activity while you use this service and keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated with that IP address.

6.Disclaimer of Warranty

You acknowledge that: (i) the Service may not be uninterrupted or error-free; (ii) that your device may be exposed to viruses or other harmful applications through the Service; (iii) that the Provider does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that the Provider’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Section 6 and it would require a substantial charge if any of these provisions were unenforceable; and (v) that the Provider can at any point block access to Internet services that we deem violates the acceptable terms of use outlined in Section 4.

THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE COMPANY, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

7.Limitation of Liability.

Under no circumstances will the Provider, their suppliers or licensors, or their respective officers, directors, employees, agents, and affiliates be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on claims of the Resident or its appointed (including, but not limited to, unauthorized access, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.

8.Indemnity

You agree to indemnify and hold harmless the Provider and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this agreement. This Section 8 will not be construed to limit or exclude any other claims or remedies that the Provider may assert under this Agreement or by law.

9.Copyright Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through the Service, please file a notice by sending a written communication by regular mail to: helpdesk@rmrgroup.com. Please provide information reasonably sufficient to permit us to contact you.

10.Miscellaneous.

This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and the Provider with respect to its subject matter and supersedes all prior writings or understanding.