TERMS AND CONDITIONS
Sonoma Marin Area Rail Transit's Wi-Fi High Speed Internet Service ("SMART Wi-Fi") is offered to the user conditioned on acceptance by the user, without limitation, all of the terms and conditions contained herein. User represents and warrants that he or she possess all the legal right and ability to enter into this agreement and use SMART's Wi-Fi in accordance with all terms and conditions herein.
PERSONAL USE ONLY
User agrees that the service and technology provided to you by the Sonoma Marin Area Rail District is for personal, noncommercial use only. User may not use the SMART Wi-Fi for any other reason, including reselling any aspect of the SMART Wi-Fi or Service to transmit or facilitate any unsolicited commercial email or unsolicited bulk email. You may not use Wi-Fi in a manner prohibited by Federal, State, Local Law or Regulation or allow SMART Wi-Fi to be used for any purpose or in any way that interferes with or disrupts other passengers or SMART operations.
CHANGES OR TERMINATION OF SERVICE AND SMART Wi-Fi
SMART may modify or terminate the SMART Wi-Fi and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate with or without notice. Upon any such termination, any and all rights granted by SMART to User shall terminate.
PRIVACY
User understands and agrees that SMART may access, preserve, and disclose User's personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of SMART or the public. User acknowledges that use of SMART's Wi-Fi shall be considered a public and not private communication.
USER'S RESPONSIBILITIES
User understands that SMART Wi-Fi utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted. User agrees that SMART will not be liable to user or any other party for any lack of security that may result from use of SMART Wi-Fi. User agrees that user is responsible for providing security measures that are suited for user's intended use of SMART Wi-Fi.
DISCLAIMERS
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND USERS' USE THEREOF IS AT ITS OWN RISK. SMART DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SMART DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
LIMITATION OF LIABILITY & INDEMNITY
1. Under no circumstances shall either smart or its suppliers be liable for incidental, consequential, indirect, or special damages of any nature, or for any lost revenues, lost profits or loss of business regardless of the cause of action, and whether or not foreseeable, including but not limited to; (i) any interruption or failure of the Services or Products; (ii) the downloading or use of any information, data or materials obtained via the Services; (iii) any unauthorized use or the attempt by unauthorized users (e.g., hackers) to obtain access to Users' data, web-site, computers, or networks; (iv) viruses, worms, trojan horses, or other undesirable data or software.
2. As a condition of use of SMART's Wi-Fi user agrees to hold harmless and indemnify SMART, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of SMART Wi-Fi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
USE OF SMART Wi-Fi
User agrees to use SMART Wi-Fi only to send and receive messages and materials that are proper and related to the particular forum being used. By way of example and not limitation user agrees when using SMART Wi-Fi, the user shall not:
1. Defame, abuse, harass, threaten or otherwise violate the rights of others.
2. Access, publish, post, distribute or disseminate any obscene, indecent or unlawful material or information.
GENERAL PROVISIONS
User agrees that these Terms of Service will be governed by and construed in accordance with the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision or portion of the SMART Terms of Service to be unenforceable, the remainder of the SMART Terms of Service will continue in full force and effect.
Any waiver of any provision of SMART's Terms of Service will be effective only if in writing and signed by SMART.