Schaumburg Park District is pleased to offer free Internet access to customers through a wireless network. All you need to do is bring your computer equipped with wireless capability.
Schaumburg Park District supports the free flow of information and ideas over the Internet. Your access to the service is conditioned on legal and appropriate use of the service and express acceptance of the terms of service as set forth hereinafter. Your use of the service and any activities conducted online through the service shall not violate any applicable law or regulation or the rights of Schaumburg Park District, or any third party.
The service is a free public service provided by Schaumburg Park District. Your access to the service is completely at the discretion of Schaumburg Park District, and your 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 or its owners, disruption of access to other users or networks, and violation of applicable laws or regulations. 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.
You acknowledge (i) that the service may not be uninterrupted or error free so caution is urged relative to reliance upon the service significant transactions or data transmission through its use; (ii) that viruses or other harmful applications may be available through the service; (iii) that Schaumburg Park District 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) and that its owners ability to provide the service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this section and it would require a substantial charge if any of these provisions were unenforceable. 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, 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. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
Under no circumstances will its owners, their suppliers or licensors—or their respective officers, directors, employees, agents and affiliates—be liable for consequential, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, based on claims of customer, its appointees or its or their customers (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 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. In no event will the aggregate liability that or its owners may incur in any action or proceeding exceed $100. The limitations, exclusions and disclaimers set forth in this section will not apply only if and to the extent that the law or a court of competent jurisdiction establishes and determines liability under applicable law beyond and despite these limitations, exclusions and disclaimers.
You agree to indemnify and hold harmless its owners and its and their suppliers and 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 will not be construed to limit or exclude any other claims or remedies that may assert under this agreement or by law.
You agree to submit any and all controversies or claims arising out of or relating to this agreement or the existence, validity, breach or termination thereof, whether during or after its term, to an arbitrator. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this section will prevent the parties from seeking interim injunctive relief against one another.
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. The performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall waive or impede one‘s right to comply with law enforcement requests or requirements relating to your use of this service or information provided to or gathered by with respect to such use. This agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and with respect to its subject matter and supersedes all prior writings or understanding.