Wi-Fi Terms of Service

Last updated: September 24, 2021

By connecting to or using Jamestown, L.P.’s or an affiliate’s, subsidiary’s, or related company’s Wireless Internet Service, you represent that you are at least sixteen (16) years of age and agree to comply with the Terms of Service. If you do not accept the Terms, you may not access or use the Service.

The following summary of the Terms is provided for your convenience. Please read the full Terms of Service below.

Summary

1. You will act lawfully, responsibly and reasonably while using the Service.
2. You assume full responsibility for your use of third party websites while using the Service.
3. Under no circumstances will Jamestown, L.P. (“Jamestown” or “we”) or any of its affiliates be liable as a result of your use or inability to use the Service.
4. You agree to indemnify and hold harmless Jamestown and its affiliates from any all claims, relating to or arising out of your use of the Service.
5. There is no guarantee of the privacy or security of any transmission made or received through the Service.
6. As a complimentary Service, it is provided without any warranties. Jamestown does not warrant the availability or reliability of the Service.
7. Neither you nor we may sue the other as a part of a class action.
8. Jamestown reserves the right to block certain internet websites or services, and may revoke your access to the Service at any time.
9. Jamestown may monitor your activity in connection to the Service and may disclose any information related to, as necessary.
10. Personal information you supply may be used and disclosed to provide the Service, for promotions and analytics, and as set forth in the Privacy Policy.
11. The Service and the Terms may change without notice. You should check back to see the Terms in effect. Your continued use of the Service will constitute your acceptance of the Terms.

Please carefully read these Terms of Service (“Terms”) which govern your use of the wireless internet services (the “Service”) provided by Jamestown. By accessing the Service you agree to comply with these Terms. If you do not accept these Terms, you may not access or use the Service.

Code of Conduct

You agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, when accessing and using the Service you must:

• Act lawfully – do not act in any way that could be unlawful or encourage others to act unlawfully. For example: Do not infringe copyright or other intellectual property rights. Do not engage in any criminal offence or encourage others to do so. Do not send or receive material which contains unlawful security devices, viruses, worms, Trojans or any other malicious data or disabling or harmful devices which contravenes any laws. Do not cause the upload of any content that contains any form of destructive software.
• Act responsibly – you must not carry out actions that are harassing, menacing, defamatory, threatening, obscene, harassing, tortious, abusive, vulgar, obscene, libelous, invasive, racist, sexist, offensive, indecent or otherwise objectionable or inappropriate. Do not be fraudulent, misleading, or deceptive, or pretend to be anyone other than yourself. Do not use the Service for business purposes. Do not use the Service for unsolicited or unauthorized advertising, promotional materials or mass emails (i.e., spam, junk mail, chain letters, pyramid schemes or any other form of solicitation).
• Act reasonably – do not use the Service in any way that may interfere, or affect the running of the Service, the network or other technology connected to it (for example, other Service users’ devices). Do not attempt to gain unauthorized access to other computer systems or networks. Make sure your device is protected by up-to-date anti-virus software.

You are responsible for the actions of any third party that you allow access the Service through your device.

Third-Party Websites and Services

You assume full responsibility for your use of third party websites. All content transmitted on or via the Service is the sole responsibility of the originator. Such third-party websites and services may be governed by terms and conditions different from those applicable to the Service and we encourage you to review the terms and privacy policies of those third parties before using their websites or services.

Limitation of Liability

Under no circumstances will Jamestown or any of its affiliated entities be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of, or inability to use, the Service. To the maximum extent permitted by applicable law, (a) Jamestown disclaims all responsibility for any loss, injury, claim, liability or damage of any kind that you may suffer in connection with the Service, including any indirect, incidental, special or consequential damages or any loss that results from the use of, or the inability to use, the Service, any content, information, material, or postings, directly or indirectly, or the transmission of confidential or sensitive information over the Service, and (b) Jamestown’s maximum liability to you in connection with the Service shall be fifty U.S. dollars ($50.00). You specifically acknowledge and agree that Jamestown shall not be liable for any defamatory, offensive or illegal conduct of any user, including you.

Indemnification

By using the Service you agree to defend, indemnify and hold harmless Jamestown, its licensors, affiliates, contractors, agents and partners and their respective employees, officers, directors, agents and partners from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your connection to or use of the Service, or any alleged violation by you of these Terms.

Security

Jamestown cannot guarantee the privacy of any transmission you make or receive through the Service or the security of your device or equipment against viruses or other malicious code.

No Warranties; Governing Law; Disputes

As a complimentary service, the Service is provided “as-is” and “where-is”, without any warranties, express or implied, including without limitation the warranties or merchantability, non-infringement, or fitness for any particular purpose or use. We do not warrant that the Service is accurate, reliable or correct; that the Service will be available at any particular time or location; that your access to the Service will be uninterrupted; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

These terms are governed by the laws of the location in which you access the Service, without reference to principles of conflict of laws. The laws of certain jurisdictions may not allow the exclusion or limitation of legal warranties and the exclusion or limitation of representations made concerning the Service. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

To the greatest extent permitted by law, whether in court, small claims court, or arbitration, you and Jamestown may only bring claims against each other in connection with the Service or these Terms in an individual capacity, and not as a class representative or a class member in a class or representative action.

Restricted Services

You agree that Jamestown may block certain internet services, and may revoke your access to the Service at any time for any reason with or without notice.

Privacy and Monitoring

Any personal information you supply to us for the purposes of accessing the Service will be used as set forth in these Terms and our Privacy Policy, which can be found at http://www.jamestownlp.com/privacy-policy-and-disclaimers/.

We use your personal information to maintain and provide you with the Services, to respond to your questions and instructions, to maintain the integrity of our network and address security issues, to investigate or take action regarding violations or suspected violations of law or our terms, to improve the Services, for analytical purposes, and to communicate with you about events, properties, products or services in which we believe you may have an interest.

To the extent permitted by applicable laws, Jamestown may monitor, log, and review your activities in connection with your use of the Service, without additional notice to you, for the purposes of providing the Service, detecting or preventing breaches of these Terms or applicable laws, investigating complaints, protecting the integrity and security of the Service, and tracking and analyzing your consumer behavior and location within our properties.

Information you provide may be disclosed to Jamestown’s employees, affiliates, service providers or other third parties in order to service your account, to respond to your questions and to communicate with you about upcoming events or other products and services offered by us, our affiliates or others (such as tenants in our properties or providers of services to tenants or visitors in our properties). You have the right to object at any time to the use of your personal information for direct marketing. You can do this through the opt-out means provided in each such marketing communication (such as the “unsubscribe” link in email communications).

Jamestown may disclose any information as necessary to: (a) satisfy any law, regulation, court order, legal process or lawful governmental or police request; (b) if Jamestown believes that doing so may protect your safety or the safety of others; (c) to operate the Service properly; (d) to enforce these Terms; and/or (e) to protect Jamestown’s or its affiliates’ legal rights. You hereby consent to monitoring, logging, review and/or disclosure in accordance with these terms and the Privacy Policy.

Entire Agreement

These Terms and our Privacy Policy are the entire agreement between Jamestown and you regarding the Service. By continuing to access or use the Service you agree to be bound by the Terms.

Changes & Termination

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may amend these Terms with no additional notice to you. Please check back frequently to see the Terms then in effect. Your continued access to and use of the Service will constitute acceptance of the amended Terms. If you do not agree with these Terms, or any future amendments, your sole recourse is to cease use of the Service.