Prior to using Grand Sierra Resort's Wi-Fi for service (the "Service"), you must read and agree to be bound to the following terms and conditions set forth as provisions to the Service. By agreeing to these provisions, you represent that you are of legal age to consent to and be bound by this Grand Sierra Resort policy. You also agree that you shall be responsible for the provision of the necessary broadband access security measures that are suited for your intended use of this service.
As part of the registration process, you will be asked to select a username and password, or enter an email address. This is a requirement in order to use the Service. All activities occurring under your specific username or email address shall be your responsibility and any misuse or violations in the use of the Service, whether or not committed by you, will affect your ability to have access to the Service. Therefore, you must take steps to keep your user name and password, or email address, secure in order to ensure that others do not gain unauthorized access to the Service.
Email addresses are used for Grand Sierra Resort marketing purposes only. Opt-out of Grand Sierra Resort email updates at any time by updating your email preferences.
The Service is available through a wireless network that allows the user to connect to the Internet. The user must have a wireless-enabled device in order to access the Service. Grand Sierra Resort shall provide you with an IP address each time you access the Service, which address may change each time you are connected.
Use of the technology provided to you by Grand Sierra Resort is for the sole purpose of using the Service in an acceptable manner that does not include improper actions or activities as described herein. You must immediately notify Grand Sierra Resort of any unauthorized use of the Service or any other breach in security.
You shall not program any other IP or MAC address into your device that accesses the Service. You may not use the Service for the reselling of any aspect of the Service. Other examples of improper activities include, without limitation:
modifying, adapting, translating, or reverse engineering any portion of the Service;
attempting to break security, access, tamper with or use any unauthorized areas of the Service;
removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
accessing the Service simultaneously through multiple access points or authorizing any other adult over 18 to use the Service;
assigning your log in name, password to any other person or computer unit;
attempting to collect or maintain any information about other users of the Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
logging onto the Service under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with other user's enjoyment of the Service;
transmitting content that falsely expresses or implies that it is sponsored or endorsed by Grand Sierra Resort and its affiliates, suppliers, licensors or agents, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature or would be used for compromising security; or
using the Service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
The service does not store the content of your online communications or the content of data transfers. Grand Sierra Resort employees do not access the content of any communications or files which users send or receive. Grand Sierra Resort reserves the right to monitor, intercept and disclose any transmissions over or using our facilities and to provide user information, or use records and other related information under certain circumstances including, but not limited to those necessitated in response to lawful process, orders, subpoenas, or warrants, or to protect the rights of Grand Sierra Resort and its affiliates, suppliers, licensors, agents, other users or property.
Grand Sierra Resort may modify or terminate the Service and these Terms of Service and any accompanying policies for any reason with or without notice. Grand Sierra Resort reserves the right to terminate your use of the Service for any reason with or without notice. Upon such action, any and all rights granted by Grand Sierra Resort to you shall terminate without liability to you, any user or any third party. Please review the Terms of Service from time to time so that you will be apprised of any changes.
You understand and agree that Grand Sierra Resort may access, preserve, and disclose your personal information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Grand Sierra Resort and its affiliates, suppliers, licensors, agents and the public.
Grand Sierra Resort does not exercise control over sites that you may visit or services that you may use that are not affiliated with Grand Sierra Resort. These other sites and services may place their own cookies or other files on your computer, collect data, or solicit personal information from you. You should read the privacy policies of these sites and services to understand how they handle your personal information.
You understand that the Service, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. While Grand Sierra Resort uses commercially reasonable efforts to provide a secure environment for the Service, we cannot guarantee the effectiveness of our efforts. Even though all major legitimate websites have implemented SSL (secure socket layer) to protect personal data, you agree that you are responsible for providing security measures that are suited for your intended use of the Service. You shall take full responsibility for safeguarding your data from loss. Other than the technology provided by Grand Sierra Resort for the availability of the Service, you must provide all equipment, technology and software in order to use the Service. It is your responsibility to secure your computer equipment so that it is not subject to external threats such as viruses, spam, and other methods of intrusion.
Grand Sierra Resort does not control and is not responsible for data, content, services, or products that you access or download through the Service. Grand Sierra Resort and its affiliates, suppliers, licensors and agents have the right, but not the obligation to monitor transmissions made through the Service and as so may, but is not required to, block certain data transmissions to protect Grand Sierra Resort and its affiliates, suppliers, licensors, agents, the Grand Sierra Resort Wi-Fi network and the public.
Grand Sierra Resort disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through the Service. Grand Sierra Resort disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Grand Sierra Resort disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service.
THE Grand Sierra Resort SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Grand Sierra Resort AND ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND AGENTS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Grand Sierra Resort AND ITS AFFILIATS, ITS SUPPLIERS, ITS LICENSORS AND ITS AGENTS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. Grand Sierra Resort AND ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND AGENTS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. Grand Sierra Resort AND ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND AGENTS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE USE OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT (A) THE SERVICE WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SERVICE WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C) Grand Sierra Resort HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SERVICE, AND (D)YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES SHALL Grand Sierra Resort AND ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND AGENTS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE Grand Sierra Resort SERVICE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Grand Sierra Resort AND ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Grand Sierra Resort SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Grand Sierra Resort and its affiliates, its suppliers. its licensors and agents be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, terrorism, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to indemnify, defend and hold harmless Grand Sierra Resort and its affiliates, its suppliers, licensors and agents from and against all claims and expenses arising from or in any way related to your use of the Service, including, but not limited to losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorneys' fees, of every kind and nature. Your indemnification will survive any termination of your use of the Service.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, expressed or implied regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Grand Sierra Resort.