Acceptable Use Policy for Wireless Networks

While you are at a location (a “Convene Location”) owned or operated by Sentry Centers Holdings LLC, a Delaware limited liability company d/b/a Convene or one of its affiliated companies (“Convene,” “we,” “our,” or “us”), you may be given the option to connect to our data network and to access the internet, among other permitted uses (the “Connection”).

By using or accessing the Connection, you, as a user (referred to herein as “User,” “you,” and “your”), agree to the terms and conditions of this Acceptable Use Policy (this “Policy”). This Policy has been created to ensure security, reliability, and privacy of the Connection and the systems and networks of others and to avoid situations in which Convene may incur civil or criminal liability. 

This Policy supplements but does not supersede any other agreements that User may have with Convene.  In the event any agreement further restricts a use of the Connection that is not addressed in this Policy, such agreement will govern with respect to such use. Please also review our Privacy Policy which applies to our collection and handling of User information through the Connection.

Please read this Policy carefully.

This Policy is subject to change with notice by publication on the web at Privacy Policy. You are deemed to accept the current terms each time you use or access the Connection, and it is your responsibility to review it. If you do not accept this Policy, please exit now and do not use the Connection.

ACCESS

Your access to the Connection is at our discretion. Your access may be blocked, restricted, suspended or terminated at any time and for any reason, including violation of this Policy, disruption of access to other users or networks, or as may be desirable to otherwise protect us, our users, or other third parties.

The Connection may be available to your device when it is within wireless range of our access points at a Convene Location, or through an Ethernet cable to a data network port in a Convene Location. The Connection is subject to unavailability, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, maintenance and repair. We are not responsible for any interruptions or performance issues with the Connection, or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the Connection.

You are also responsible for any use of the Connection by any person through a device that is logged on to the Connection by you.

PRIVACY & SECURITY

You acknowledge that no data network or other internet-based communication is 100% secure, and any communications sent or received through the Connection could be intercepted by third-party equipment and software, and no such communications should be considered private or protected.

Subject to applicable law and in accordance with our Privacy Policy. We also have the right, but not the obligation, to monitor, intercept, review, and disclose, without further notice, any transmissions over, or use of, our Connection to comply with laws, lawful process, orders, warrants or subpoenas, or to protect our rights, property and users.

PROHIBITED USES

You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the Connection or taking any action online that violates any applicable law or regulation or that could harm us or any third party or interfere with the operation of the Connection or data network to others (“Prohibited Uses”).

For example, you may not, among other things:

  • upload or transmit through the Connection any:
    • computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network,
    • material which is criminal, defamatory, harmful, threatening, abusive, harassing, tortious, profane, vulgar, offensive, pornographic, obscene, invasive of another’s privacy, hateful, racist or otherwise objectionable; or
    • material that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, as further detailed below under the subheading “Spam.”
  • take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens our system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the Connection or our other websites;
  • use the Connection to collect or store any information (including personally identifiable information) about other users, including e-mail addresses, without the express consent of such users;
  • attempt to gain unauthorized access to the Connection, other computer systems or networks on the Connection, through password mining or any other means;
  • for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Connection;
  • use the Connection to infringe or violate the intellectual property rights or proprietary rights of any third party; or
  • share your IP address or ISP Internet connection with anyone; reproduce, retransmit, disseminate, or resell the Connection or authorize any other individual or entity to use the Connection, whether for profit or not, without our express written permission.

Spam

Spam includes any of the following activities and is prohibited:

  • Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups.
  • Posting messages to online forums or newsgroups that violates the rules of the forums or newsgroups.
  • Collecting the responses from unsolicited mail.
  • Sending any unsolicited email that could be expected, in Convene’s sole discretion, to provoke complaints.
  • Sending email with charity requests, petitions for signatures, or any chain mail related materials.
  • Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
  • Sending email that does not accurately identify the sender, the sender’s return address, and the email address of origin.
  • Using the Connection to violate another internet service provider’s acceptable use policy and/or terms of service.

Engaging in a Prohibited Use may result in civil or criminal liability. We may report such activities to relevant law enforcement authorities and co-operate with those authorities to prosecute users who violate this Policy. We have the right, but not the obligation, to suspend or terminate your access and use of the Connection and other services we may provide to you and to block or remove any communications or materials transmitted through the Connection.

SECURITY OF YOUR SYSTEMS

You are responsible for maintaining basic security of your systems and devices. Abuse that occurs as a result of a User’s improper security measures may result in suspension or termination of such User’s access to the Connection with or without notice at Convene’s sole discretion.  Convene will not assume responsibility or accountability for failures or breach of User-imposed protective measures, whether implied or actual.

CONVENE’S RESPONSIBILITIES

  • Convene reserves the right to report any illegal activity to any and all regulatory, administrative, and/or governmental authorities for prosecution.
  • Convene will cooperate with law enforcement agencies if criminal activity is suspected.
  • Convene reserves the right to check systems files, email, and other data on our servers for illegal content and materials, or for any other we reasonably deem appropriate.

ADDITIONAL DISCLAIMERS; LIABILITY LIMITATION

We are providing the Connection on an “AS IS” and “AS AVAILABLE” basis. To the extent permitted by law, we disclaim all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance and/or use of our services, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.

You waive any and all claims and rights against us and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “Convene Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, or person, to the maximum extent permitted by applicable law. None of the Convene Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption. You hereby agree to indemnify the Convene Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from your use of the Connection or any breach of this Policy by you.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for indirect, special, incidental, consequential, reliance, or punitive damages, so the exclusions and limitations above may not apply to you.  In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.

CHOICE OF LAW AND FORUM

If you are a Member (as such term is defined in any membership agreement you may have with Convene), to the extent any dispute arises regarding your use of the Connection, such dispute shall be brought in the forum, and applying the law, described in the Convene Membership Agreement signed by you or the Member Company with which you are affiliated. If you are not a Member, to the extent any dispute arises regarding your use of the Connection, such dispute shall be resolved in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be the Borough of Manhattan, New York, New York, U.S.A. and shall apply the law of the State of New York, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or New York’s or any other implementation of the Uniform Computer Information Transactions Act.

Incident Reporting

Any complaints regarding violations of this Policy by a User should be directed to marketing@convene.com or via postal mail at:

Convene

Attention: Legal Affairs

101 Greenwich Street, 4th Floor

New York, NY 10007