PUBLIC WIFI TERMS OF SERVICE

By accessing Metro National Corporation’s (“Company”) Public WiFi Service (the “Service”) you agree to comply with the Terms of Service (the “Terms”). If you do not accept the Terms, do not access or use the Service. These Terms between you and Company set out the duties and responsibilities associated with the access to and use of the Services. For purposes of these Terms, “you” means you and every person you authorize to use the Service.

General

You will act lawfully, responsibly and reasonably while using the Service. You assume full responsibility for your use of third party websites while using the Service. Under no circumstances will Company be liable as a result of your use or inability to use the Service. You agree to indemnify and hold harmless Company, its directors, officers, shareholders, employees and subcontractors from any and all claims, relating to or arising out of your use of the Service. There is no guarantee of the privacy or security of any transmission made or received through the Service. Company reserves the right to block certain internet websites or services and may revoke your access to the Service at any time. Company may monitor your activity in connection to the Service and may disclose any information related to your use of the Service, as necessary. Personal information will be used as set forth in Company Privacy Policy (available at https://www.memorialcity.com/privacy-policy/). The Service and the Terms may change without notice. Company will notify you of any changes to these terms by posting notice of the modified Terms on the login page when you first access the Service. Your continued use of the Service will constitute your acceptance of the Terms, including any updated, modified or changed Terms. If you do not agree to any updated, modified or changed Terms, you will be unable to use the Service. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Acceptable Use Policy

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: (i) 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; (ii) not carry out actions that are harassing, menacing, defamatory, threatening, obscene, harassing, annoying, tortious, abusive, vulgar, obscene, libelous, invasive, racist, sexist, offensive, indecent or otherwise objectionable or inappropriate. Do not be fraudulent, misleading, deceptive or pretend to be anyone other than yourself. 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); (iii) 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. Do not use the Service in such a way such that it consumes excessive network capacity, in Company’s opinion or its ability to provide the Service to others to be adversely effected; (iv) not transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges; or (v) not resell, use transfer, distribute, share or exploit the Service for any commercial or business purposes . You must follow all other service and security regulations issued or adopted by Company. Company reserves the right to limit or lockout your use should such use be in contravention of these Terms. In addition, Company, and the owner or proprietor of the site at which the Service is being offered at your time of access to the Services (collectively, the "Service Provider(s)") each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion. 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 Access to 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 Company encourage you to review the terms and privacy policies of those third parties before using their websites or services. Company and its affiliates assume no responsibility whatsoever for any claims or losses arising out of or otherwise related to access or use of any third party websites or related content. By accessing the Services, either through a 3rd party site such as Facebook or Twitter or through an email address provided by you, you hereby grant Company and/or its partners access to and use of any information, including any online profiles or other information that is accessible by Company or its partners. Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights in any content that you upload, submit, store, send or receive through your access of the Service. When you upload, submit, store, send or receive content to or through the Services, you give Company and its partners a worldwide license to host, store, and access such content. This license continues even if you stop using the Services.

Limitation of Liability

Under no circumstances will Company 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, Company disclaims all responsibility for any loss, injury, claim, liability or damage of any kind, 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. You specifically acknowledge and agree that Company 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 Company, 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 use of the Service, connection thereto, or any alleged violation by you of these Terms.

Security

Company 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

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; 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. 

Restricted Services

You agree that Company 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

Information collected may be disclosed to other members of the Company’ organization and to our agents, affiliates, customers and partners in order to service your account and to respond to your questions. You also acknowledge and agree to receive electronic communication in the form of email, SMS, advertisement as well as other forms of digital communication using the information gathered. Any personal information you supply to us, including any location data obtained from the device will be used as set forth in our Privacy Policy and these Terms.

To the extent permitted by applicable laws, Company 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, and protecting the integrity and security of the Service. Company may disclose any information as necessary to: (a) satisfy any law, regulation, court order, legal process or lawful governmental or police request; (b) if Company 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 Company 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 Company and you regarding the Service. By continuing to access or use the Service you agree to be bound by the Terms.