TERMS AND CONDITIONS OF USE
TERMS AND CONDITIONS
WE THANK YOU FOR YOUR INTEREST IN THIS HOTSPOT AND THE 802.11 WIRELESS SERVICE AND INTERNET ACCESS (THE “SERVICE”). THE MOXIE’S WI-FI SERVICE IS AN INTERNET ACCESS SERVICE PROVIDED BY MOXIE’S WHICH PROVIDES YOU WITH ACCESS TO THE INTERNET VIA WIRELESS ACCESS POINTS, EACH A ‘HOTSPOT’, UTILIZING ONE OR MORE OF THE 802.11 PROTOCOLS COMMONLY REFERRED TO AS ‘WI-FI’. THIS HOTSPOT IS OPERATED BY MOXIE’S (THE "MOXIE’S HOTSPOT").
PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE MOXIE’S HOTSPOT OR THE SERVICE. THESE TERMS AND CONDITIONS BETWEEN YOU AND MOXIE’S SET OUT DUTIES AND RESPONSIBILITIES ASSOCIATED WITH THE USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICE INCLUDING ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU OR ANY USER OF YOUR DEVICE AND FOR ANY DISRUPTION, CORRUPTION OR INTERRUPTION OF THE SERVICE CAUSED BY YOU OR ANY USER OF YOUR DEVICE.
BY USING THE MOXIE’S HOTSPOT AND/OR THE SERVICE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO BE BOUND BY OR TO COMPLY WITH THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. “YOU” MEANS YOU AND EVERY PERSON YOU ALLOW TO USE THE SERVICE.
WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT YOUR CONSENT OR AUTHORIZATION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, INCLUDING MODIFICATION OR TERMINATION OF THE SERVICE OR ANY COMPONENTS THEREOF. MOXIE’S WILL NOTIFY YOU OF ANY CHANGES TO THESE TERMS AND CONDITIONS BY POSTING NOTICE OF THE MODIFIED TERMS AND CONDITIONS ON THE ‘LOGIN’ OR ‘INTERCEPT’ PAGE THAT IS PRESENTED TO YOU WHEN YOU FIRST ACCESS THE SERVICE FROM A HOTSPOT. YOU AGREE TO PERIODICALLY REVIEW THE THEN-CURRENT TERMS AND CONDITIONS IN ORDER TO BE AWARE OF ANY MODIFICATIONS AND YOUR CONTINUED USE OF THE SERVICE SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU WILL BE UNABLE TO USE THE SERVICE.
YOU AGREE TO INDEMNIFY AND HOLD MOXIE’S, ITS AFFILIATES, AGENTS AND SUPPLIERS HARMLESS FROM ALL LIABILITIES AND EXPENSES RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR ANY USER OF YOUR DEVICE, OR IN CONNECTION WITH YOUR OR THEIR USE OF THE SERVICE. WHILE USING THE SERVICE, YOU MAY NOT POST, TRANSMIT OR OTHERWISE DISTRIBUTE INFORMATION CONSTITUTING OR ENCOURAGING CONDUCT THAT WOULD CONSTITUTE A CRIMINAL OFFENCE OR GIVE RISE TO CIVIL LIABILITY OR WOULD CONTRAVENE ANYONE’S HUMAN RIGHTS, OR OTHERWISE USE THE SERVICE IN A MANNER WHICH IS CONTRARY TO LAW OR TO MOXIE’S THEN-CURRENT POLICIES OR WOULD SERVE TO RESTRICT OR INHIBIT ANY OTHER USER FROM USING OR ENJOYING THE SERVICE OR THE INTERNET.
1. The Service and Use of the Service
Access to this Service requires 802.11 wireless access capability in your device, and you are responsible for making sure your device is compatible with the Service. Moxie’s does not guarantee the performance of the Service. The Service is only available where Moxie’s HotSpot facilities exist. Moxie’s assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability or unsuitability of the Service in your geographical area, in particular due to changes in the location and configuration of Moxie’s HotSpots. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Service receive reasonable access to the Service.
Public wireless access systems use radio signals to transmit voice and data information over a network. While Moxie’s HotSpots may use security system technology, there is no guarantee of privacy and you should have no expectation of privacy from third parties when transmitting information through the Service. Any such use shall be at your sole risk. Moxie’s, its affiliates and its agents shall be relieved from all liability in connection therewith. HotSpots represent additional security risk as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Moxie’s HotSpots do not provide any level of encryption. If you decide to use security software in your device such as personal firewalls or encryption, Moxie’s assumes no responsibility for its operation or effectiveness.
Moxie’s will not be responsible for any corrupted files, viruses, malware or other harmful components which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, loss of use, 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 immediate termination of your access to the Service.
Moxie’s has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the Service and Moxie’s is not responsible for any of this material or information. You agree that Moxie’s has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request or to assist in the pursuit of any legal action against you or other end users; to operate the Service properly; ensure or enforce compliance with these Terms and Conditions; or protect Moxie’s, Moxie’s HotSpots, the Service or Moxie’s Hotspot’s other customers.
Moxie’s has no obligation to monitor the Service. However, Moxie’s reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, Moxie’s reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
1.3 Use of the Service.
You may not use the Service or any content, material, or information found through the use of the Service to engage in any illegal, abusive, annoying, offensive or harmful activity, including without limitation violation of any applicable laws or regulations, infringement of intellectual property rights, commission of or encouragement of a criminal offence, stealing, harassment, spamming or disrupting or interfering with the Internet, any network, computer, or other device, including but not limited to transmission of malware or other harmful component . Using the Service for high volume or commercial use such as reselling the Service or advertising is prohibited. You are prohibited from sharing the Service with another person or using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless you are actively using the connection.
You shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, a form of harassment or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the Service. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Service.
Users should be aware that local laws governing the Internet vary from jurisdiction to jurisdiction. Users must comply with the relevant laws, including but not limited to laws outside of Canada, governing the transmission of information or technical data that is exported from Canada or information or data that is imported to Canada.
You may not impersonate any person or falsely misrepresent your affiliation with any person or entity. Moxie’s, its affiliates, and related companies assume no responsibility for any claims resulting from your use of the Service for any reason, including but not limited to the possibility of your contracting computer viruses or accessing Internet information and content that is offensive, inaccurate, or inappropriate.
Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden.
1.4 Disclaimer Regarding Third Party Content/Linking.
Moxie’s exercises no control over content, web pages, or sites not owned by Moxie’s. Moxie’s has no control over such sites and information and therefore makes no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information. Be aware that some content, products and services (“content”) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Service. You understand that neither Moxie’s nor any of its affiliates or agents attempt to censor or monitor any such content. You assume total responsibility and risk for access to, reliance upon and use of such content and for use of the Internet. Moxie’s and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such content.
2. Disclaimer of Warranty
THE INFORMATION CONTAINED ON THE MOXIE’S HOTSPOT IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. THE SERVICE AND MOXIE’S HOTSPOT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOXIE’S DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR MALWARE OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOXIE’S, ITS AFFILIATES AND ITS RELATED COMPANIES DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, MOXIE’S HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SERVICE, THE MOXIE’S HOTSPOT AND THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE IS WITH YOU. MOXIE’S, ITS AFFILIATES AND ITS RELATED COMPANIES DO NOT WARRANT THAT THE SERVICE, THE MOXIE’S HOTSPOT OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR THE MOXIE’S HOTSPOT WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM DEFECTS, VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THE MOXIE’S HOTSPOT IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION GIVEN BY MOXIE’S OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
NEITHER MOXIE’S NOR ITS AFFILIATES NOR ITS RELATED COMPANIES, AND NONE OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE SERVICE, MOXIE’S HOTSPOT OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, OR POSTING FOUND ON OR THROUGH MOXIE’S HOTSPOT, ANY SERVICES PROVIDED THROUGH MOXIE’S HOTSPOT, OR ANY LINKS TO OTHER SITES MADE AVAILABLE THROUGH THE SERVICE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE MOXIE’S HOTSPOT OR THE SERVICE.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL MOXIE’S OR ITS AFFILIATES OR ITS RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MOXIE’S HOTSPOT, THE SERVICE, ANY CONTENT, INFORMATION, MATERIAL, OR POSTINGS ON THE MOXIE’S HOTSPOT, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MOXIE’S NOR ITS AFFILIATES NOR ITS RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
4. Recourse/Termination of Service
If you are dissatisfied with the Moxie’s Hotspot, the Service or with these Terms and Conditions, or in the event of any breach by Moxie’s, its affiliates, suppliers or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your sole and exclusive remedy is to discontinue using the Moxie’s HotSpot and the Service. These Terms and Conditions shall survive any such termination.
Moxie’s reserves the right in its sole discretion to terminate your access to the Moxie’s HotSpot and/or the Service at any time with or without notice.
5. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Alberta and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Alberta and/or the Federal Court of Canada in Alberta, or any other judicial district or jurisdiction as Moxie’s may determine in any and all actions, disputes, or controversies relating hereto. These Terms and Conditions constitute the entire agreement between Moxie’s and you with respect to your use of the Moxie’s HotSpot and the Service and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Moxie’s to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver by either Moxie’s or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. These Terms and Conditions will inure to the benefit of Moxie’s, its successors, assigns and licensees.
5.2 (Province of Quebec)
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.