ODV Networks means ODV Networks, a California company.
ODV Networks Affiliates means ODV Networks and its principals; partners; affiliates; subsidiary, sister and parent companies; investors; advisors; trustees; beneficiaries; shareholders; members; managers; directors; officers; agents; employees; representatives; contractors; attorneys; clients; restaurants; hotels and or the hotels respective owners, corporations, private ownership groups, and hotel management of where service is being provided; the facility or other location from which access to the Service is made and their respective spouses, heirs, successors, and assigns.
Content means information, data, text, software, music, sound, photographs, graphics, video, messages or other materials sent or received using the Service.
Service means access to the internet over ODV Networks system.
Service Agreement means this ODV Networks Service Agreement.
You and Your mean each permitted user of the Service and each person using the Service with the knowledge, permission or consent, whether express or implied, of such permitted user, and includes all persons who gain access to the Service through such permitted users computer equipment without permission.
Requirements to Use the Service. To access the Service, You will need appropriate computer communications equipment, hardware and software. You will be solely responsible for obtaining and maintaining the equipment necessary to access and use the Service, including wireless or standard network cards, computer hardware and software. ODV Networks is not responsible for problems associated with or caused by incompatible operating systems or equipment. You must be at least eighteen (18) years old to view or otherwise gain access to adult or mature Content. You assume sole responsibility for the use and results obtained from use of the Service and for payment of all fees including, but not limited to, those charged by ODV Networks and ODV Networks Affiliates, that you incur in connection with Your use of the Service.
Restrictions and Limitations on Use of the Service. Use of the Service is non-exclusive. You are prohibited from violating or attempting to (1) violate any security features of the Service, including, without limitation, accessing Content or data not intended for You, or logging onto a server or account that You are not authorized to access, (2) probe, scan or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization, (3) interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, trojan or other malicious code to or through the Service, overloading, flooding, spamming, mail bombing or crashing, (4) use the Service to send unsolicited email, including, without limitation, promotions or advertisements for products or services, spam, chain letters, junk mail and/or pyramid schemes, (5) forge any TCP/IP packet header or any part of the header information in any email or in any posting using the Service, (6) create derivative works from, modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the source code used by ODV Networks in providing the Service, (7) use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.), (8) resell all or any portion of the Service or assist non-permitted users to gain access to the Service, (9) interfere with or modify the functionality of the Service or access thereto by other permitted users or ODV Networks personnel, or (10) violate any law. In using the Service, You agree to comply with all applicable laws regarding the transmission or other exportation of technical data from the United States of America. You agree that you will not use the Service for any purpose that violates or infringes in any way upon the rights of others, is harmful to minors, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, violate or infringe on any patent, trademark, trade secret, copyright or other proprietary or protected right, give rise to civil liability or otherwise violate any law. Any violation of system or network security may subject You to civil and/or criminal liability. You further acknowledge that ODV Networks may establish general practices and limits concerning excessive use of the Service, including without limitation the maximum amount of use or bandwidth. You agree that ODV Networks has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that ODV Networks reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. ODV Networks may terminate Your access to the Service at any time in its sole and absolute discretion with or without notice to You.
Performance and Performance Levels. Data transmission speed is a function of the combined effects of computer software and hardware limitations, limitations of the ODV Networks system architecture and bottlenecks experienced upon the wider network architecture of the Internet itself. As such, ODV Networks does not guarantee maximized Service performance (throughput speed) levels, nor does ODV Networks make any representation or warranty that the Service will be available at all times, without interruption, secure, error free or will meet Your requirements. ODV Networks will make every reasonable effort to ensure that the highest possible quality of service always is delivered. You understand that any Content that You may access through the Service may be subject to caching at intermediate locations on the Internet and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Security and Privacy. The ODV Networks architecture is not an environment designed for the exchange of confidential, private, proprietary or other protected information or data. ODV Networks has not undertaken steps to preserve or protect Your privacy or that of any other user of the Service and therefore cannot and does not ensure or guarantee privacy for users of the Service. Accordingly, it is recommended that the Service not be used for the transmission of confidential information. Any such use shall be at Your sole risk and ODV Networks and all ODV Networks Affiliates are released of all liability in connection therewith. You acknowledge, consent and agree that ODV Networks may access, preserve, and disclose information about You and Your use of the Service including, without limitation, Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Service Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ODV Networks, its users, ODV Networks Affiliates and the public.
Hardware and Software Protection. ODV Networks is not will not be responsible for any corrupted files or viruses that affect any user of the Service including, without limitation, the users computer hardware and/or software. As the user, You are responsible for safeguarding Your system, through appropriate means (including, without limitation, using software commercially available from third party vendors), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of Your failure to properly secure Your system may result in the immediate termination of Your Service, with any fee refund or credit to Your account.
No Liability for Content. Be aware that Content available with or through the Service may be offensive to You or may not comply with applicable laws. Neither ODV Networks or any of the ODV Network Affiliates will attempt to censor or monitor any such Content. You understand, however, that such Content may be subject to caching at intermediate locations on the Internet when being accessed through the Service and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. You agree that ODV Networks all ODV Networks Affiliates are released from all liability arising from any claims or losses alleged to have arisen out of or otherwise relating to access to, presentation of or use of such Content. Guest using ODV Networks WiFi services has no relation, for any legal matters, with ODV Networks and can’t hold ODV Networks liable. Service is provided to guest as free, hence no liability, whatsoever.
Communications with Third Parties. Your correspondence or business dealings with third parties made through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party(ies). You agree that ODV Networks and all ODV Networks Affiliates are not and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
Indemnity. You agree to release, indemnify, defend (with counsel selected by the indemnified person or entity) and hold harmless ODV Networks and all ODV Networks Affiliates from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys fees and costs) arising from Your use of the Service, Your violation of this Service Agreement, Your violation of any applicable law, or Your infringement, or infringement by any other user of Your account, of any intellectual property or other right of any person or entity.
THE SERVICE IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY TYPE OR KIND. ODV Networks EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISK AS TO THE SUITABILITY, QUALITY, AND PERFORMANCE OF THE SERVICE. IN NO EVENT WILL ODV Networks OR ANY OF THE ODV Networks AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ODV Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ODV Networks LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO, AND IN NO EVENT SHALL EXCEED, THE AMOUNT THAT YOU PAID FOR ONE (1) DAY OF ACCESS TO THE SERVICE WHICH MAY BE CHARGED BY THE LOCATION YOU ARE USING AT, AND WILL BE PAID BY THAT LOCATION ONLY BUT NOT BY ODV Networks.
Controlling Law and Venue. This Service Agreement shall be construed and enforced under the laws and judicial decisions of the United States and the State of California excluding, in each case, conflicts of laws principles, if any, that require the application of the laws or judicial decisions of another jurisdiction. You and ODV Networks consent to the jurisdiction of the federal and state courts in California, and agrees that venue for any proceeding arising under this Service Agreement shall lie and remain exclusively in Santa Clara County, California. You and ODV Networks agree not to seek, and hereby waive the right to request, any change of venue.
Notices. Any notices or other communications to be sent to ODV Networks must be mailed by certified or registered mail, postage prepaid, to the location you are using WiFi service at but not to ODV Networks.
Reservation of Rights. ODV Networks reserves all rights not expressly granted to You in this Service Agreement. ODV Networks retains ownership of the Service and all components thereof.
Total Agreement. This Service Agreement constitutes the entire agreement between You and ODV Networks with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly canceled and superseded. This Service Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of ODV Networks.
To Accept This Service Agreement. To confirm that you have read and understand, accept and agree to be bound by the terms and conditions of this Service Agreement, clicking the button and continue to access the Internet as directed. To decline the terms and conditions of this Service Agreement, close your browser and disconnect from this service. If You decline, the Service will be unavailable to You. If you have any questions regarding this Agreement, contact the location providing you WiFi service.
Whether you are or are not intended to be here, you are hereby notified that any dissemination, distribution or copying of this, any attachments thereto, and any use of the information contained is strictly prohibited.*