Ivanhoé Cambridge Inc. (“Ivanhoé Cambridge”) provides Internet access points at no charge in selected areas within its properties for guests with portable computers or devices capable of receiving wireless signals (the “Service”). You will be able to access the Internet and use the Service from your wireless device when sitting within range of an access point. Guests are expected to use the Service in a legal and responsible manner.
If you do not accept these terms you may not use the Service.
Anyone using the Service is forewarned that there can be no expectation of privacy when using the wireless network.
Users assume all risks associated with the use of the Service.
You agree to hold harmless Ivanhoé Cambridge, its affiliates and its suppliers, and its and their employees, (together the “indemnified parties”) from and against any claim, damage (direct and indirect) and liability whatsoever arising from or related in any way to your use or misuse of the Service, including a claim by a third party. Notwithstanding the generality of the foregoing, the present indemnification undertaking shall be applicable to any obligation, action, suit, procedure, judgement, cost, loss, damage, debt, expense, litigation cost (including attorney’s fees) and proceedings (including proceedings to enforce this provision) arising from or in any way related to your use or misuse of the Service, as well as all associated settlements. You may not settle any claim in a manner that imposes any obligations, restrictions or liabilities on the indemnified parties without first obtaining the applicable party’s written consent.
User waives any rights and remedies or other claims against Ivanhoé Cambridge with respect to any user’s personal information (e.g. credit card) that is compromised, and for any damage caused to users' hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up‐to‐date virus protection on their personal laptop computers and wireless devices, as well as staying up‐to‐date with applicable OS security patches.
We do not control and are not responsible for data, content, services, or products that you access through the Internet while using the Service. We may, but are not obligated to, block data transmissions to protect Ivanhoé Cambridge, the Service, or the public.
THE SERVICE IS PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. IVANHOE CAMBRIDGE, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT: (i) THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT; (ii) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION, (iii) THAT THE SERVICE OR ANY PART THEREOF CONFORM TO ANY DEMONSTRATION OR PROMISE BY IVANHOÉ CAMBRIDGE, or (iv) ANY WARRANTY ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OR IN CONNECTION WITH THE SERVICE.
Limitation of Liability
IF THE FOREGOING EXCLUSION OF LIABILITY IS HELD TO FAIL FOR ITS ESSENTIAL PURPOSE OR OTHERWISE DEEMED TO BE UNENFORCEABLE, IN WHOLE OR IN PART, FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF IVANHOÉ CAMBRIDGE ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS (CAD$100.00). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. THE EXCLUSION OF CONSEQUENTIAL DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS FOR ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE.