MALIBU
COUNTRY MART
Shop. Play. Dine. Surf.
TERMS AND CONDITIONS
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE
Your use of the free public internet service (“the Service”) is provided free of charge to you, a visitor, tenant, or employee of the Malibu Country Mart (“the Service Provider”). Your access to the Service is completely at the discretion of the Service Provider and may be terminated at any time for any reason. This is an insecure open wireless network. The Service Provider reserves the right to monitor and collect information while you are connected to the Service. The collected information can be used at discretion of the Service Provider, including but not limited to sharing the collected information with any law enforcement agencies as deemed appropriate by the Service Provider. The Service Provider may revise these Terms and Conditions at any time. You must accept these Terms and Conditions each time you use the Service and it is your responsibility to review it for any changes each time.
YOUR ACKNOWLEGEMENT
By using the Service, you hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Use of the Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the Service Provider reserves the right to permanently disconnect the offending device from the wireless network.
By using the Malibu Country Mart free public internet service (the Service) you hereby expressly acknowledge the risks and issues associated with using any public network and you acknowledge and agree to the following:
EXAMPLES OF ILLEGAL USE
The following are representative examples only and do not comprise a comprehensive list of illegal uses:
EXAMPLES OF UNACCEPTABLE USE
The following are representative examples only and do not comprise a comprehensive list of unacceptable uses:
DISCLAIMER OR WARRANTIES
THE MATERIALS AVAILABLE THROUGH THE SERVICE AND THROUGH ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
THE SERVICE PROVIDER MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE SERVICE PROVIDER MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE PROVIDER MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SERVICE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
YOU SPECIFICALLY AGREE THAT THE SERVICE PROVIDER IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT IN USING THIS SERVICE, AND WILL INDEMNIFY AND HOLD HARMLESS THE SERVICE PROVIDER FROM ANY CLAIMS, LIABILITY, DAMAGES OR COSTS THAT RESULT FROM YOUR CONDUCT IN USING THIS SERVICE.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY PROVISIONS IN THIS LEGAL NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY, IS TO DISCONTINUE USING THE SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE