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.
Please read this Policy carefully.
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.
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:
Spam includes any of the following activities and is prohibited:
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.
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.
Any complaints regarding violations of this Policy by a User should be directed to firstname.lastname@example.org or via postal mail at:
Attention: Legal Affairs
101 Greenwich Street, 4th Floor
New York, NY 10007