Terms of Service Agreement
Last Updated: March 2016
The WiFi equipment and services are provided by Nubit, LLC., located at 1400 E. Angela Blvd., Unit 148, South Bend, IN 46617, D.B.A Covur. (Nubit, LLC. is referred to below as “Covur” or “we”).
By using This WiFi, you agree to be bound by the terms and conditions below (the "WiFi Terms of Service. If you choose to use other services (such as an applications or websites) while using This WiFi, your use of those services will be governed by the terms and conditions provided to you in association with those services. In order to use this WiFi and access the Internet, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in the United States.
1. Privacy and Security
We may collect information about your usage of This WiFi, such as when and for how long you use the network and the frequency and size of data transfers. We may also collect information about the geographic locations of This WiFi nodes through which you connect to the network. By using this WiFi service, you agree to receive email from us. The aim of these emails is to keep our customers and visitors updated about events and promotions provided in this establishment. An opt out button is available in every correspondence received.
You understand that This WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. We will not be liable to you or any other party for any lack of security that may result from your use of This WiFi, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device. Covur does not exercise control over other services you may use while using This WiFi. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.
2. Your Responsibilities and Proper Use
You must have a wireless-enabled device to connect to This WiFi. Covur will assign you a temporary IP address each time you access This WiFi. You may not program any other IP or MAC address into your device that accesses This WiFi. You may not use This WiFi for improper activities. Examples of improper activities include, without limitation:
You are responsible for your conduct and the conduct of anyone who uses This WiFi via your device. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Google or any other person from harm).
We reserve the right to terminate your use of This WiFi, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Covur to you will terminate.
4. Content Disclaimer
Covur does not control and is not responsible for third-party data, content, services, or products that you access or download through This WiFi. Covur may, but is not obliged to, block data transmissions to protect Covur, This WiFi network, or the public.
5. Disclaimer of Warranties
Covur, this establishment, their employees, affiliates, suppliers or licensors (the "Covur parties") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through This WiFi. Covur and this establishment disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Covur, and this establishment disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through This WiFi. YOU UNDERSTAND AND AGREE THAT (A) THIS WiFi WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THIS WiFi, (C) Covur HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THIS WiFi, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS WiFi AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. Without limiting the foregoing, under no circumstances will the Covur Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 5. Indemnity You agree to hold harmless and indemnify the Covur Parties from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of This WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Covur will provide you with written notice of such claim, suit or action.
6. Copyright Issues
We respond to notices of alleged copyright infringement and otherwise comply with the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyrights and want to notify us, you may contact us here.
7. Miscellaneous Provisions
These Terms will be governed by and construed in accordance with the laws of the State of Indiana, and Ohio, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Covur agree to submit to the exclusive jurisdiction of the courts located within the county of Montgomery, Ohio to resolve any legal matter arising from these Terms or This WiFi. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Covur.