Terms & Conditions
This agreement (the “Agreement”) is a contract among (i) you and (ii) HomeWays LLC providing you access to this website for use of wireless high-speed Internet access services (the “Services”). Please read the following information carefully. By agreeing on the ‘Wireless Service Sign-Up’ page, you acknowledge that you (1) have read, understand and agree to be bound by this Agreement, (2) are receiving a non-transferable, single-user, limited license solely to access the Services, subject to the terms and conditions herein and (3) are at least of legal majority. The effective date of this Agreement is the date on which you accept the terms and conditions of the Services. To print this Agreement, click the print button on your browser.
Description of Services
HomeWays will provide the Services at locations (“Locations”) that have agreed to host the wireless access point system (the “System”) and which are operational. HomeWays does not screen or restrict access to any content placed on or accessible through the Internet. Three Doors also does not screen or restrict communications between parties via the Internet. You acknowledge that you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Three Doors is not liable for any action or inaction with respect to any such content accessible through the System.
You must (1) provide accurate and complete registration information, (2) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the System, (3) protect the password, username and security information you use to access the Services and notify Three Doors immediately of any unauthorized use of your account, and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws.
You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the System and (2) all communications via the System. Three Doors does not undertake the security of any data you send through the System and it is your responsibility to secure such data.
In using the System and the Services, You agree that you will not: (1) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (2) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the System or any websites accessed by it; (3) interfere with or damage the System, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (4) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) HomeWays, or create or use a false identity; (5) attempt to obtain unauthorized access to the System or portions thereof that are restricted from general access; (6) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (7) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the System; (8) use any meta tags or any other “hidden text” utilizing the name, trademarks, or product names of Provider or Licensor; (9) advertise, offer to sell, or sell any goods or services; (10) engage in any activity that interferes with any third party’s ability to use or enjoy the System or the Services; or (11) assist any third party in engaging in any activity prohibited by this Agreement.
HomeWays may reject an application or terminate this Agreement for any reason including, but not limited to, if (1) you violated this Agreement as to this or another HomeWays account, (2) the information required in the registration process is incorrect, absent or incomplete, or (3) the amount of technical support required to be provided to you is unreasonably excessive in the sole judgment of HomeWays.
Personal information you provide in connection with the account registration process, your frequency of using the System, and information about your use of the System will be provided to the Location from which you access the System. You consent to this disclosure. The information you provide will otherwise not be provided to any third parties in a manner that would identify you unless HomeWays is required to disclose such information in order to comply with applicable laws or unless you consent.
Notice of Defect
HomeWays provides no guarantee and makes no representation that the System will be available.
You shall defend, indemnify and hold HomeWays and their respective corporate affiliates and their respective officers, directors, employees, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the System or any breach of this Agreement.
Disclaimer of Warranties
HOMEWAYS PROVIDES THE SYSTEM AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOMEWAYS DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM OR ITS USE (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE WITH HARDWARE OR SOFTWARE YOU USE. HOMEWAYS MAKES AND YOU RECEIVE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY EXCLUDED. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
Limitation of Liability
HOMEWAYS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOMEWAYS’S LIABILITY TO YOU UNDER THIS LICENSE, AND YOUR EXCLUSIVE REMEDY FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF AND SPECIFICALLY INCLUDING INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS SHALL NOT EXCEED, AND SHALL BE LIMITED TO, ONE HUNDRED DOLLARS (US $100.00). Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Entire Agreement, Applicable Law, Forum
This Agreement constitutes the entire agreement between you and HomeWays with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of Missouri as applicable without giving effect to the principles of conflicts of law thereof. All disputes relating to this Agreement or the System shall be brought in the federal or state courts located in St. Louis County, Missouri in a trial for which the right to a jury is hereby waived by both parties.
If any provision of this Agreement is held to be unenforceable, unlawful or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall be given full force and effect.
HomeWays may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on HomeWays’s ‘Wireless Signup’ page. You agree to periodically review HomeWays’s ‘Wireless Signup’ page to maintain awareness of any modifications. By continuing to use the System after such postings, you accept and agree to any and all such modifications.