Welcome to the Guest WiFi service (the “Service”).
Madrona Venture Group and Create33 (the “Providers”) make this wireless internet service available to you free of charge subject to these Guest WiFi Terms of Use (the “Agreement”).
This Agreement is between you, as the user of this Service, and the Providers, and is for the benefit of the Providers and their service providers. Please read this Agreement carefully before accessing or using this Service. BY CLICKING YOUR ACCEPTANCE OR BY ACCESSING OR USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree to this Agreement, you may not use or access the Service.
By using the Services, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Services (or submit any information through the Services).
NOTE: THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE PROVIDERS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
CONSENT TO MONITORING; NO EXPECTATION OF PRIVACY. PROVIDERS RESERVE THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT PROVIDERS MAY (BUT ARE NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND OTHERWISE IN CONNECTION WITH USE OF THIS SERVICE, AND THAT PROVIDERS MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, COOPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING PROVIDERS’ RIGHTS, PROPERTY AND INTERESTS. YOU SHOULD HAVE NO EXPECTATION OF PRIVACY IN USING THIS SERVICE.
YOUR USE OF THIS SERVICE IS A PRIVILEGE, NOT A RIGHT. This Service enables you to access the Internet using a compatible wireless enabled device. It is solely for your personal use while you are on-site as a guest at this Provider location. You understand that your authorization to access and make use of this Service is a privilege, not a right, and is subject to your compliance with this Agreement and with all laws applicable to your use of this Service.
YOU ARE RESPONSIBLE FOR YOUR USE OF THIS SERVICE. You agree that you shall be fully responsible for all of your activities and transmissions while using this Service, including for any informational content and other materials you may access, submit, receive or transmit while using this Service; for any transactions you may engage in; and for selecting and using an appropriate wireless enabled hardware device. Any transactions you engage in while online are solely between you and the applicable third party, and not Providers. Your use of this Service is at your sole risk.
INAPPROPRIATE CONDUCT IS PROHIBITED. You agree to follow Providers’ acceptable use policy (“AUP”) at all times while using this Service. All of the rules in the AUP are important and must be followed as a condition of your using this Service. You agree to fully indemnify and hold harmless the Providers if you breach any portion of the AUP.
ACCEPTABLE USE POLICY. This AUP is intended to prevent unacceptable uses of the internet. Providers do not actively monitor the use of the Service under normal circumstances. Similarly we do not exercise editorial control or review the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Service. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject Providers to liability or may violate this AUP. Violation of this AUP may result in the suspension or termination of your access to the Service.
You agree not to use this Service to engage in any inappropriate conduct. Examples of inappropriate conduct include activities that: (i) are illegal, tortious, or that are harmful to (or puts at risk) Providers, their service providers, or any other party or property; (ii) that violate anyone’s privacy or other rights, or that seek to obtain access or information you do not have the right to obtain, or to circumvent any security control or identification procedure; (iii) that are threatening, abusive, stalking, harassing, defamatory, obscene, libelous, hateful or racially, ethnically or otherwise objectionable or that harm, or attempt to harm, minors in any way; (iv) that otherwise interferes with or misappropriates the operation, use or enjoyment of any service, system or other property; or (v) that impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service.
You may not:
(a) resell this Service, or use this Service to operate a business, web site, public information service, or for other commercial purposes;
(b) transmit any material (by uploading, posting, email or otherwise) that (1) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (2) infringes of misappropriates the intellectual property rights of any party; (3) includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; or (4) contains software viruses or any other malicious computer code;
(c) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; or
(d) use the Service for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
Providers request that anyone who believes that there is a violation of this AUP direct the information to [email protected] and include “WIFI” in the subject line. If available, please provide the following information: (A) the IP address used to commit the alleged violation; (B) the date and time of the alleged violation, including the time zone; (C) evidence of the alleged violation; and (D) your contact details including full name, email address and telephone number.
When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
YOU ARE RESPONSIBLE FOR YOUR OWN SECURITY AND PRIVACY. You understand and agree that you shall have no expectation of privacy in your use of this Service. Wireless systems use radio channels (and some units use Bluetooth or other technology) to transmit your communications over various networks. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that Providers make no assurance that your communications or activities will be or will remain private or secure, and agree that Providers assume no responsibility or liability in that regard. You agree that you, and not Providers, are solely responsible for your own privacy and security in using this Service, and for selecting and implementing any precautions you deem to be appropriate and best suited for your situation and intended use of this Service.
NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO PROVIDERS’ GUESTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE ENTIRE RISK OF USING THIS SERVICE IS WITH YOU. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, PROVIDERS EXPRESSLY DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (i) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (ii) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (iii) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, OR (iv) THAT THIS SERVICE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE, USEFUL, FUNCTIONAL, OR COMPLETELY SECURE, OR THAT PROBLEMS WILL BE CORRECTED. NO ADVICE OR INFORMATION GIVEN BY PROVIDERS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY.
The Internet contains a variety of unfiltered materials, some of which may be offensive to you. Providers do not promise to monitor, pre-screen or filter any content. It is your responsibility to monitor what you see and do while online. By using this Service you assume full responsibility and risk for your use of this Service and the Internet, and you agree that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
LIMITATION OF PROVIDERS’ LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND WITHOUT LIABILITY OF ANY KIND ON THE PART OF PROVIDERS OR ANY OF THEIR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE; EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF PROVIDERS, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THIS SERVICE SHALL NOT EXCEED YOUR DIRECT DAMAGES ACTUALLY INCURRED, IF ANY, UP TO ONE HUNDRED DOLLARS ($100) OR THE AMOUNTS YOU PAID TO PROVIDERS FOR USE OF THIS SERVICE, WHICHEVER IS GREATER. (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS.
RESERVATION OF RIGHTS. Providers reserve the right to, and you agree that Providers shall have the right to, take such action it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests. This includes, but is not limited to, cooperating with appropriate law enforcement agencies (including local law enforcement and the Federal Bureau of Investigation), conducting its own investigations of suspected violations of this Agreement, removing offending material, temporary or permanent blocking or content or access, and suspending or terminating service.
TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. Providers reserve the right, at any time and for any reason, to change, terminate, limit, suspend or discontinue this Service (in whole or in part) or your (or anyone else’s) access to or use of this Service. You agree that Providers shall not be liable for doing so. Upon any termination, your rights to use this Service will immediately cease. Providers also reserve the right to update or revise this Agreement at any time, and you agree that Providers may do so.
Dispute Resolution and Arbitration; Class Action Waiver.
The provision
Please read this carefully. It affects your rights.
Most user concerns can be resolved quickly and to a user’s satisfaction by contacting us at (206) 674-3000. This provision (the “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and the Providers. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and the Providers shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “Providers” means the Providers and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and the Providers regarding any aspect of your relationship with the Providers, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as the Providers’ licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give the Providers an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Madrona Venture Group, LLC 999 3rd Avenue, 34th Floor, Seattle, WA 98104. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If the Providers do not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or the Providers may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Madrona Venture Group, LLC 999 3rd Avenue, 34th Floor, Seattle, WA 98104. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with the Providers through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with the Providers. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or the Providers may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Services and the Agreement could concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or the Providers may initiate arbitration in either King County, Washington or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, the Providers may transfer the arbitration to King County, Washington in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – The Providers will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with the Providers as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and the Providers specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by entering into this Agreement you and the Providers are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and the Providers might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
Continuation. This Provision shall survive the termination of your service with the Providers or their affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Providers make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require the Providers to adhere to the language in this Provision if a dispute between us arises.
MISCELLANEOUS. You agree that this Agreement is solely between you and Providers. Providers’ service providers shall be deemed third party beneficiaries of this Agreement with respect to enforcing this Agreement against you and protecting their rights. You and Providers expressly disclaim any other third-party beneficiary relationships. You may not assign this Agreement. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The Federal Arbitration Act, Washington state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern this Agreement. Foreign laws do not apply. Except for Disputes subject to arbitration as described above, any disputes relating to this Agreement or the Services will be heard in the courts located in King County in the State of Washington. You agree that this Agreement, including the AUP, constitutes the entire agreement between you and Providers regarding its subject matter, and it supersedes any prior or contemporaneous Agreements between you and Providers regarding its subject matter. You agree that any notices given by you to Providers must be given by e-mail (addressed to [email protected]), or by postal mail, certified and return receipt requested, to Providers at: Madrona Venture Group, LLC 999 3rd Avenue, 34th Floor, Seattle, WA 98104. Any terms of this Agreement that should survive termination or expiration shall survive, including indemnifications, disclaimers, and limitations of liability.
If you have questions about this Service or this Agreement, you may contact Providers by sending an email to [email protected].