Plymouth Metrolink: Wi-Fi Service Terms and Conditions

IMPORTANT:
You must read these terms and conditions of this agreement before you access and use the Wi-Fi
service. By accessing and using the Wi-Fi service you agree to be bound by the terms and
conditions set out below. If you do not wish to be bound by these terms and conditions you may
not access or use the Wi-Fi service.

Definitions
"Information" means all material delivered by Plymouth Metrolink through the Wi-Fi service (hereafter referred to as the "Hotspot"). "User" means you, the Hotspot end-user. "Contract" means this Hotspot agreement.

Warranty
The Hotspot is provided on an "as is" and "as available" basis and Plymouth Metrolink makes no warranties or representations whether express or implied in relation to the Information, including implied warranties or conditions of completeness, accuracy, satisfactory quality or fitness for a particular purpose.

Liability
The User agrees that except in the event of Plymouth Metrolink’s gross negligence or willful and wanton misconduct, Plymouth Metrolink shall not be liable in contract, tort, negligence, statutory duty or otherwise for any loss or damage whatsoever arising from or in connection with this Contract, including damage for loss of business, loss of profits, business interruption, loss of business information or any other pecuniary loss (even where Plymouth Metrolink has been advised of the possibility of such loss or damage).

The User will hold harmless, indemnify and defend Plymouth Metrolink against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any Use of the Hotspot by the User. The User acknowledges that Plymouth Metrolink has no control over the nature or content of information or programs transmitted or received by the User using the Hotspot and that Plymouth Metrolink does not examine in any way the use to which the User puts the Hotspot. The User agrees to fully indemnify Plymouth Metrolink against any claims or legal proceedings arising in connection with User's use of the Hotspot which are brought or threatened against Plymouth Metrolink by any other person.

The Hotspot
The User acknowledges: (a) that it is technically impossible to provide the Hotspot entirely free
of faults and that Plymouth Metrolink does not undertake to do so; (b) that faults may lead to temporary unavailability of the Hotspot; and (c) that the operation of the Hotspot may be adversely affected by conditions and performances outside Plymouth Metrolink's control, including transmission, telecommunications links between Plymouth Metrolink and Users, between different parts of Plymouth Metrolink, and between Plymouth Metrolink and other systems and networks.

Third Party Information
The User further acknowledges that some of the Information, for example software, is supplied
to Plymouth Metrolink (directly and indirectly) by third parties and accordingly Plymouth Metrolink can offer no warranty of whatever nature in relation to such Information.

Use of the Hotspot/Indemnification
The User undertakes:

1. Not to use the Hotspot for any unlawful purpose;
2. That it shall not make any use of the Hotspot such that the whole or part of the Hotspot is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Hotspot is in any way impaired; 
3. Not to use the Hotspot for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character or in such a way as to cause annoyance, inconvenience or needless anxiety;
4. Not to use the Hotspot in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including rights of copyright or confidentiality);
5. That it shall not use the Hotspot to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Plymouth Metrolink unless such transmission has been specifically requested by another user of the Hotspot; and
6. That in the event that it has any right, claim or action against any other user arising out of the use of the Hotspot then it shall pursue such right, claim or action independently of, and without recourse to, Plymouth Metrolink.

The User will indemnify and defend Plymouth Metrolink against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any Use of the Hotspot by the User. The User acknowledges that Plymouth Metrolink has no control over the nature or content of information or programs transmitted or received by the User using the Hotspot and that Plymouth Metrolink does not examine in any way the use to which the User puts the Hotspot. The User agrees to fully indemnify Plymouth Metrolink against any claims or legal proceedings arising in connection with User's use of the Hotspot which are brought or threatened against Plymouth Metrolink by any other person.

Intellectual Property
The User acknowledges that all copyright, trade marks and all other intellectual property rights
in the Hotspot shall remain vested in Plymouth Metrolink or its licensor.

Suspension and Termination
Plymouth Metrolink shall have the right to immediately terminate this Contract and/or suspend the Hotspot if the User commits a breach of the Terms and Conditions.

User Data
All information collected is subject to the Minnesota Government Data Practices Act, which classifies certain information so that it is available to the public on request.

Plymouth Metrolink cannot guarantee the security or privacy of the Hotspot and any information or communication to or from the Hotspot by the User.

Changes to the Terms and Conditions
Plymouth Metrolink reserves the right to change these terms and conditions from time to time by placing a note of such change in this file. The User's continued use of the Hotspot following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Hotspot.

Severability
Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract howsoever occasioned.

No Waiver
No waiver by Plymouth Metrolink shall be construed as a waiver of any breach of any provision of this Contract.

Please take care of your wireless device. Plymouth Metrolink accepts no responsibility for loss or damage.