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By using the wireless internet access services provided by APN Media, LLC (the “Provider”, “us”, “our” or “we”) currently known as Oh, Ranger! Wi-Fi™ (but which may also be provided under different names), or by visiting our website (currently located at www.ohranger.com) or by using our mobile applications (including but not limited to Oh, Ranger! ParkFinder™) (collectively, the “Services”), you agree to be bound by the terms and conditions of this user agreement (the “Agreement”). If you do not agree with the terms of this Agreement, you must not use the Services. Your use of the Services constitutes your acceptance of these terms and your representation to us that you have reached the age of majority in your state (typically 18 years old).
1. System Requirements. To utilize the Services, you will need appropriate computing and communications equipment, including appropriate computer hardware and software and a wireless network card to access the Services. You are solely responsible for obtaining and maintaining this equipment and for the security of such equipment. You are solely responsible for keeping your hardware and software (including operating systems and browsers) updated, and we strongly recommend that you employ firewalls and anti-virus/anti-malware software, and browse with care.
2. Limited right to access Services. Provider hereby grants you a personal, revocable single-user, limited, non-exclusive, non-transferable, revocable right to utilize the Services. Any violation of this Agreement will be grounds to revoke your right to utilize all Services. In addition, we may at any time in our sole discretion, (i) promulgate or modify practices and limits concerning excessive use of the Services, including the maximum amount of use or bandwidth, or (ii) direct customers to use only certain methods to access the Services, or any portion of any thereof.
3. Monitoring; Termination; Service Interruptions.
3(A). We have no obligation to monitor use of any of the Services and do not actively monitor such use under normal circumstances, but we reserve the right to do so (and if necessary to disclose the results thereof) to satisfy any laws, rules, regulations, ordinances, judgments, orders or decrees; to comply with any governmental or legal demands or requests; to operate the Services; to enforce this Agreement; or to protect the Provider and any entity which manages or supports in any way the location in which the Services are provided, including but not limited to government agencies, municipalities, parks departments, non-profit partners, sponsors, internet service providers and any other suppliers (collectively, the “Host”) or other users, from losses or potential legal liability. Similarly, we do not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any means any materials, information or content that (a) in our sole discretion, we believe may be illegal, may subject us or third parties to liability or may violate this Agreement or (b) the Host may instruct us to block or filter. We may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, and you hereby release the Provider and Host from any liability arising out of any such cooperation. You agree to permit the Provider or its representatives to access your account and records to investigate complaints or allegations regarding possible breach of this Agreement.
3(B). We reserve the right at any time in our sole discretion, with or without notice, to restrict, suspend or terminate access by one, some, or all persons or entities to all or any portion of the Services or to modify or discontinue all or any portion of the Services. Without limitation of the foregoing, the Provider may in its sole discretion, interrupt the Services (or any portion of any thereof) for maintenance and other operational reasons. We have no responsibility for the deletion of, or the failure to store, any materials, information or content (including messages or other communications) maintained or transmitted by use of the Services (or any portion of any thereof). In no event will you receive any compensation or refund related to any of the matters described in this section nor will the Provider or Host be liable to you or any other person or entity for any such matters.
4. Acceptable Use of Services.
4(A). The Services may be used only for your personal, non-commercial use, and not to provide services to a third party or to advertise any third party products or services. No copy, distribution or sale of the Services is permitted. In general, the following actions are prohibited: using the Services in any way that is illegal, threatening or offensive to others; that is harmful to or interferes with any network or systems; that interferes with the use or enjoyment of Services received by others; that infringes anyone’s intellectual property rights (such as copyrights or trademark); or that constitutes spam, a security risk or a violation of privacy. In addition, violating rules of websites you visit and services or apps you use is also considered a violation of this Agreement. We have the right to limit or terminate your access to the Services for any violation of this Agreement.
4(B). Using the Services to do any of the following things is strictly prohibited and is a violation of this Agreement. You understand that the list below is not intended to be exhaustive, but merely to highlight examples of activities that are violations of this agreement:
4(C). Any aspect of the Services may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on the Services. You agree that the Provider or Host shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance. We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
4(D). You are Responsible for Your Actions and Security. You are solely responsible for maintaining security of your systems and the devices that connect to and use our Services, including implementation of necessary patches and updates. You are also solely responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted when you use the Services. The Provider and Host are not responsible for what you access using the Services. You are responsible for taking prompt corrective action(s) to remedy a violation of this Agreement and to help prevent similar future violations.
5. Warranties and Disclaimers.
5(A). In order to use the Services, or any other electronic media operated by Provider, either directly or indirectly, you must be 18 years of age or older and must have full power, authority and capacity to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and you must abide by and comply with this Agreement and may not use the Services if you have previously been banned from the Services. You may not use the Services where doing so is prohibited by any applicable law or regulation. Your entry into and performance of this Agreement has been duly authorized by all necessary action, and does not breach any law, rule, regulation, ordinance, judgment, order, decree or agreement applicable to you. ANY USE OR ACCESS BY ANYONE UNDER THE AGE OF 13 IS PROHIBITED. If you are between 13 and 18 years of age, you must be an emancipated minor or have a parent or legal guardian's consent to use the Services. We reserve the right to deny access to anyone for any reason whatsoever including the violation of this Agreement.
5(B). The Services and any other products or services provided by or on behalf of the Provider or Host (including any suggestions, recommendations or support that may be provided to you) are provided on an “AS IS” AND “AS AVAILABLE” BASIS, without any warranty of any kind, and all warranties, whether express, implied or otherwise, including any implied warranties of fitness for a particular purpose, any warranties regarding title or against infringement, or any warranties that may arise from a course of dealing, are hereby expressly disclaimed. Further, we do not warrant, guarantee or make any representations regarding the use, or the results you will achieve from use, of any of the Services, or any other products or services, including any guarantee that the same will run without interruption, will be free of errors or viruses, will have a particular speed or other attributes or that all errors will be corrected. Response speed, bandwidth, the ability to connect to the wireless internet network and continuity of connection are not guaranteed. No advice or information provided by the Provider or Host, or any of their respective representatives will create any warranty.
5(C). You understand and acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications, Wi-Fi, and in the use of the internet, and by using the Services you assume all such risks. This includes but is not limited to hacker activity, viruses, malware and unauthorized access to systems and networks. You understand and acknowledge that the Provider and Host do not control any materials, information, content, products or services on the internet. The internet allows you to access unedited materials, some of which are sexually explicit or may be offensive. You are solely responsible for evaluating the accuracy, completeness, quality and usefulness of all materials, information, content, products or services provided through or accessed via the Services and/or on the internet generally. In no event will the Provider or Host be liable to you or to any other person or entity for any claims arising out of or related, directly or indirectly, to the accessing (OR INABILITY TO ACCESS), downloading, installation, use, reproduction, purchase, receipt or distribution of materials, information, products or services through the Services, or the internet generally.
6. Limitation of Liability and Damages. Subject to applicable law, use of the Services and any other products or services provided by or on behalf of the Provider or Host is at your sole risk. Services and products made available on the Services are subject to conditions imposed by the providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Partners who furnish products or services through the Services are independent contractors, and not agents or employees of the Provider or Host. IN NO EVENT WILL THE PROVIDER OR HOST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SERVICES, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PARTNERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THE SERVICES, OR THE PRODUCTS OR SERVICES OFFERED BY PARTNERS THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF THE SERVICES OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, despite the limitation above, the Provider or Host is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then the Provider’s liability and Host’s liability will in no event exceed, in total, the sum of US $250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
7. Indemnification. You agree to defend and indemnify the Provider and Host and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against the Provider or Host as a result of (1) your breach of this Agreement or the documents made part of this Agreement by reference, (2) your violation of any law or the rights of a third party or (3) your use of the Services.
8. Modification. We reserve the right to modify this Agreement at any time, with or without giving you notice. You agree to review this Agreement as posted on the Services from time to time and further agree that by continuing to use the Services you will be bound by such revised terms.
9. Law and Venue. This Agreement is governed by the laws of the State of New York (USA), without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of the Services or this Agreement, you agree to file such action only in the state and federal courts located New York, NY (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
10. Miscellaneous. Your acceptance of this Agreement, and your use of the Services do not create a joint venture, partnership, employment, or agency relationship with the Provider or Host. You may not assign, delegate, or transfer your rights or obligations under this Agreement. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any terms of this Agreement to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The headings in this Agreement are for your convenience and reference; they do not limit or affect this Agreement. This Agreement, together with those items made a part of these terms by reference, make up the entire agreement between you and the Provider relating to your use of the Services, and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Services. You may preserve this Agreement in written form by printing them for your records, and you waive any other requirement that this Agreement be evidenced by a written document.