The Terms for the Wi-Fi Service include and hereby incorporate by reference any terms of service and acceptable use policy of Citi's Wi-Fi service provider and/or managed service provider as may be identified to you by (i) being identified on or linked to the wi-fi webpage connection page, (ii) identified on any signage in the Citi branch office, and/or (iii) as may be automatically connected to your smartphone based on your agreement with your smartphone service provider. The Wi-Fi Service Provider's terms of service and acceptable use policy shall hereinafter be collectively referred to as "Wi-Fi Service Provider's Terms" If you do not agree with the Terms set forth below and the Wi-Fi Service Provider's Terms, do not use the Wi-Fi Service.
YOU HAVE SOLE RESPONSIBILITY FOR YOUR USE OF THE WI-FI SERVICES, INCLUDING BUT NOT LIMITED TO ACCEPTABLE USE THEREOF AS DISCUSSED BELOW, ADEQUATE SECURITY, PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WI-FI SERVICE AND WILL NOT MAKE A CLAIM AGAINST CITI FOR STOLEN OR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, DAMAGED EQUIPMENT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WI-FI SERVICE. You are responsible for the security of your equipment and information you transmit pursuant to the Wi-Fi Service. This free Wi-Fi Service is similar to service offered in other commercial free Wi-Fi hotspots such as coffee shops or airports. The Wi-Fi Service itself has no additional security features. The Wi-Fi Service may not be used to interfere with, to gain unauthorized access to, or otherwise violate the security of the Wi-Fi Service Provider's, Citi's or another party's server, network, personal computer, network access or control devices, software or data, or other system, or to attempt to do any of the foregoing. There is no guarantee of bandwidth or connection speed at with you may access the Internet. YOU COVENANT NOT TO SUE CITI FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE WI-FI SERVICE.
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE WI-FI SERVICE ARE PROVIDED "AS IS". NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE INCLUDING BUT NOT LIMITED TO VOICE OVER WI-FI, NETWORK SECURITY AND FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONNECTION WITH THE WI-FI SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE WI-FI SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED FOR AN INDETERMINATE PERIOD OF TIME DUE TO CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF CITI, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY, INTERRUPTION OR DELAY IN TRANSMISSION BY THE TELECOMMUNICATIONS CARRIER PROVIDING THE WIFI SERVICE TO CITI TO ACCESS THE WIRELESS WEB, OR ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. CITI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE WI-FI SERVICE ARISING FROM ANY SUCH DELAY, INTERRUPTION, DISRUPTION, LACK OF NETWORK SECURITY OR SIMILAR FAILURE.
CITI SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING THE WI-FI SERVICE OR YOUR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING INFORMATION. MOREOVER, IN NO EVENT SHALL CITI BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
You agree to defend, indemnify and hold harmless Citi (including its parent and affiliate companies, employees, officers, directors, agents, co-branders, licensors or other partners and employees) from any claim, action, demand, loss or damage, including attorneys' fees, made by any third party against Citi as the offeror of free Wi-Fi Service and/or made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Wi-Fi Service; (b) your use of the Wi-Fi Service; (c) your violation of these Terms; (d) your violation of the Wi-Fi Service Provider's Terms; and (e) your violation of any rights of another.
This Wi-Fi Service is provided pursuant to these Terms and the Wi-Fi Service Provider's Terms, including its Acceptable Use Policy ("AUP"). Users are responsible for avoiding the prohibited activities and strictly following the Wi-Fi Service Provider's Terms and AUP. The Wi-Fi Service shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, and provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. The Wi-Fi Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise harmful or offensive to third parties, treasonous, excessively violent or promotes the use of violence, or provides instruction, information or assistance in causing or carrying out violence against any government, organization, group or individual, or provides guidance, information or assistance with respect to causing damage or security breaches to the Wi-Fi Service. User shall not create or attempt to utilize a domain name that is fraudulent, indecent, offensive, deceptive, threatening, abusive or harassing. Citi has a zero tolerance policy regarding use of the Wi-Fi Service to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use this Wi-Fi Service to harm or intimidate a minor. Citi may refer potential violations of any such terms and any law(s) to the Wi-Fi Service Provider and/or to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. Citi assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice. If Citi is alerted to violations or potential violations of these Terms, Citi will take whatever measures it deems necessary and appropriate to stop or prevent such violations. For example, Citi or its Wi-Fi Service Provider may filter and/or in its sole discretion refuse to transmit, screen, or editing content prior to delivery of the Wi-Fi Service, block access to certain categories of numbers or certain sites as Citi or its Wi-Fi Service Provider determines needed to enforce these policies. Citi shall not be liable for any damages of any nature suffered by any Customer, User, or third party resulting in whole or in part from Citi's exercise of its rights under these Terms.
Citi may immediately modify, discontinue, terminate or suspend all or a portion of your Wi-Fi Service or any function or feature or part thereof, at any time and from time to time, without notice. Both these Terms and the Wi-Fi Service Provider's Terms may be updated or changed from time to time. If Citi makes a change to these Terms and that change has a material impact on the Wi-Fi Service, your continued use of the Wi-Fi Service following such change constitutes your acceptance of those changes.
If any provision of these Terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes closest to the intention underlying the unenforceable provision.
Your relationship with Citi with respect to these Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. If any provision of these rules is found by a court of competent jurisdiction to be invalid, it is nevertheless agreed that the court should endeavor to give effect to the intentions of the drafters as reflected in the applicable provision, and other provisions remain in full force and effect.
This policy was last modified March 1, 2018.
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