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WorkPass Guest Wi-Fi Terms

Effective Date: December 20, 2022

This location offers you access to a guest Wi-Fi network for short-term access (Wi-Fi Service). These Guest Wi-Fi Terms of Acceptable Use (Guest Wi-Fi Terms) govern your access to and use of the Wi-Fi Service. The Wi-Fi Service is provided as a courtesy and convenience to you on an as-is basis. Use of this Wi-Fi Service is at your own risk. The Wi-Fi Service is offered on our behalf by Plume Design, Inc. (Plume).

PLEASE READ THESE GUEST WI-FI TERMS BEFORE USING THE WI-FI SERVICE. WHEN YOU ACCESS AND USE THE WI-FI SERVICE, THESE GUEST WI-FI TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND THE OWNER/OPERATOR OF THE LOCATION THROUGH WHICH YOU ACCESS THE WI-FI SERVICE (LOCATION OR WE).

IF YOU DO NOT WANT TO AGREE TO THESE GUEST WI-FI TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WI-FI SERVICE.

1. Registration; Privacy

When you complete online registration to or through the Wi-Fi Service, you agree to provide true, current, complete, and accurate information. You are responsible for protecting your username, password and/or other registration information and for all activity that occurs through your registration to the Wi-Fi Service.

Plume will process your personal information as described in the Plume Privacy Policy. The Plume Privacy Policy explains the personal information that Plume processes, how and why Plume processes it, your rights and choices about your personal information, and how you can exercise those rights.

2. Prohibited Use of Wi-Fi Service

You may use the Wi-Fi Service only for lawful purposes and in accordance with these Guest Wi-Fi Terms.
You agree not to use the Wi-Fi Service:

  • In any way that violates applicable law;
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material that violates the rights of any individual or entity;
  • For sending unsolicited or unlawful communications;
  • To export, re-export or transfer restricted software, algorithms, or other data in violation of applicable export control laws;
  • For impersonating or attempting to impersonate any person or entity ,including by using email addresses or screen names;
  • In any manner that could disable, overburden, damage or impair the Wi-Fi Service or interfere with any other party's use of the Wi-Fi Service, such as web scraping, web crawling or web monitoring that impairs or otherwise disrupts servers or is otherwise unlawful, network flooding or Denial of Service (DoS) attacks, in each case as determined by us;
  • To introduce malware, viruses, Trojan horses, spyware, worms, logic bombs or other malicious or harmful code;
  • For deployment of any robot, spider or other automatic device, process or means to access the Wi-Fi Service for any purpose;
  • To attempt to gain unauthorized access to, use, interfere with, damage or disrupt any part of the Wi-Fi Service, such by as circumventing authentication systems or through unauthorized probes, port scans or penetration tests;
  • For monitoring or copying any traffic or resources available on or through the Wi-Fi Service or for any other unauthorized purpose without Plume’s prior written consent;
  • To use any device, software or routine that interferes with the proper working of the Wi-Fi Service; or
  • To violate, attempt to violate or knowingly facilitate the violation of the security or integrity of the Wi-Fi Service or interfere with the proper working of the Wi-Fi Service.
3. Unacceptable Use of Wi-Fi Service

You, as a user of the Wi-Fi Service, may not (and may not permit or encourage any third-party to) use the Wi-Fi Service to:

  • Engage in abusive, harassing or threatening conduct or conduct that otherwise poses a threat to any third party;
  • Make available any content that you do not have a right to make available, such as material non-public or other confidential information, or for deceptive practices, such as phishing or pharming;
  • Distribute threatening, malicious, harassing, libelous or defamatory materials or materials that are obscene, pornographic, indecent or hateful or that promote discrimination based on race, gender, religion, nationality, disability, sexual orientation, age or another protected characteristic;
  • Share or publish content from the Wi-Fi Service to cause, or have the consequence of causing, any other user of the content to violate these Guest Wi-Fi Terms;
  • Harvest or otherwise collect or store communications sent through the Wi-Fi Service or any information (including personal information) about other users of the Wi-Fi Service; or
  • Sell or otherwise transfer the access granted to you under these Guest Wi-Fi Terms.

You must not remove any copyright, trademark or other proprietary rights legends and other notices contained in or on the Wi-Fi Service or reformat or frame any portion of the web pages that are part of the Wi-Fi Service.

4. Third-Party Websites

You assume full responsibility for your use of third-party websites through the Wi-Fi Service. Please review the use and privacy terms of third-party websites before using them.

5. Disclaimer / Limitation Of Liability / Indemnity

THE WI-FI SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (FOR OURSELVES AND OUR SERVICES PROVIDERS, INCLUDING PLUME (COLLECTIVELY, FOR PURPOSES OF THIS SECTION, WI-FI PROVIDERS)) DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WI-FI PROVIDERS DO NOT WARRANT THAT THE WI-FI SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL THE WI-FI PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE WI-FI SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE WI-FI PROVIDERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WI-FI SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY IS $50.

THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Wi-Fi Providers do not disclaim any warranty or other right that the Wi-Fi Providers are prohibited from disclaiming under applicable law.

To the fullest extent permitted by law, you are responsible for your use of the Wi-Fi Service. You will indemnify and hold harmless the Wi-Fi Providers from and against any liability arising from or related to: (a) your unauthorized use of the Wi-Fi Service; (b) your violation of these Guest Wi-Fi Terms; or (c) any dispute or issue between you and any third party. Each of the Wi-Fi Providers reserve the right, at its or their expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

6. Monitoring and Enforcement

We, in our sole discretion, will determine whether your conduct complies with these Guest Wi-Fi Terms.

The Wi-Fi Providers have the right to:

  • Monitor your use of the Wi-Fi Service
  • Take any action we deem necessary or appropriate in our sole discretion if we believe a user's conduct violates these Guest Wi-Fi Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Wi-Fi Service, the general public or could create liability for us
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
  • Take appropriate legal action, including referral to law enforcement, for any illegal, inappropriate or unauthorized use of the Wi-Fi Service
  • Terminate or suspend your access to all or part of the Wi-Fi Service for any violation of these Guest Wi-Fi Terms.

Without limiting the foregoing, we have the right to cooperate with any law enforcement authority or court order requesting or directing us to disclose the identity or other information of anyone who accesses or uses the Wi-Fi Service, whether or not authorized.

You acknowledge and agree that Plume is a third-party beneficiary of these Guest Wi-Fi Terms.

7. Changes to Wi-Fi Service

We may change these Wi-Fi Guest Terms by providing you with the updated version the next time that you access the Wi-Fi Service. We will use reasonable efforts to notify you on or before material updates are effective. All updates to these Wi-Fi Guest Terms are effective as of the Effective Date above. Continued use of the Wi-Fi Services after the Effective Date above is deemed conclusive acceptance of these Guest Wi-Fi Terms as modified.

We reserve the right to temporarily or permanently modify or discontinue the Wi-Fi Service (or any part thereof) with or without notice. We may block information, transmissions or access to certain information, services, products, or domains or prioritize, restrict, or set limits (such as bandwidth allocations, or limits on types of content accessed or transferred) on your use of the Wi-Fi Service to protect the Wi-Fi Service, the public or other users. Therefore, messages and other content may be deleted before delivery.

Your only right with respect to any dissatisfaction with the Wi-Fi Service or these Guest Wi-Fi Terms is to stop using the Wi-Fi Service.

These Guest Wi-Fi Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflicts of laws principles, and any dispute is to be submitted to a court of competent authority in Delaware.

If any provision of these Guest Wi-Fi Terms is deemed unlawful, void or for any reason unenforceable by a court of competent authority, then such provision shall be severable from these Guest Wi-Fi Terms and shall not affect the validity and enforceability of any remaining provisions. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Guest Wi-Fi Terms be a waiver of any subsequent breach or default or a waiver of the provision itself. You may not assign or transfer these Guest Wi-Fi Terms or your rights under these Guest Wi-Fi Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. These Guest Wi-Fi Terms and any and all other legal notices made available to you through the Wi-Fi Service constitute the entire agreement between you and us with respect to the use of the Wi-Fi Service.

9. Notice

The communications among us may use electronic means. Legal notices to you may be made via email or regular mail or, in cases of changes to these Guest Wi-Fi Terms by posting notices or links when you next log-in to the Wi-Fi Service. Except as prohibited by applicable law, you (i) consent to receive communications in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications electronically provided to you satisfy any legal requirement that such communications would satisfy if they were provided in writing.