Revised September 2013
Terms & Conditions of Service
By using the Conejo Recreation and Park District’s (CRPD) Public Wi-Fi Internet Service, you agree to be bound by the following terms and conditions which are a binding agreement between you and the Conejo Recreation and Park District.
Personal Use Only
You may use the service and technology provided to you by the Conejo Recreation and Park District for the sole purpose of accessing the internet and certain online CRPD services as described here. Conejo Recreation and Park District will give you an IP address each time you access the CRPD Public WiFi and it may change. You may not use the CRPD Public WiFi for any other reason, including reselling any aspect of the Public WiFi service. Other examples of improper activities include, without limitation:
Changes In Conejo Recreation and Park District Terms of Service and CRPD Public WiFi; Termination
We may modify or terminate the CRPD Public WiFi service and these Terms of Service and any accompanying policies, for any reason, and without notice, including the right to terminate the service with or without notice. Please review these Conejo Recreation and Park District Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by Conejo Recreation and Park District to you shall terminate.
You understand and agree that Conejo Recreation and Park District 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 Conejo Recreation and Park District or the public.
You understand that CRPD Public WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to you or any other party for any lack of security that may result from your use of CRPD Public WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of CRPD Public WiFi. For example, you shall take full responsibility for taking adequate measures for safeguarding your data from loss. Also, other than the WiFi signal provided by Conejo Recreation and Park District, you must provide all equipment, technology and software to use CRPD Public WiFi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. CONEJO RECREATION AND PARK DISTRICT DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONEJO RECREATION AND PARK DISTRICT DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER CONEJO RECREATION AND PARK DISTRICT OR ITS OFFCIALS, REPRESENTATIVES, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE AND WHETHER OR NOT FORESEEABLE. In addition, Conejo Recreation and Park District and its officials, representatives, employees, agents or affiliates will not be responsible for any damages, losses, expenses or costs that you suffer AS A RESULT OF: (i) any interruption or failure of the Services OR Products; (ii) the downloading or use of any information, data or materials obtained via the Services OR FROM THE Internet; (iii) any failure to complete a transaction on the Internet OR USING THE SERVICES or ANY loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) ANYTHING BEYOND THE REASONABLE CONTROL OF CONEJO RECREATION AND PARK DISTRICT, INCLUDING BUT NOT LIMITED TO any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of Services or Products or combination of Services or Products with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to your data, web-site, computers, or networks.
You agree to hold harmless and indemnify the Conejo Recreation and Park District, its officials, representatives, employees, agents or affiliates from and against any third party claim arising from or in any way related to your use of CRPD Public WiFi, including any liability, damages or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
These Conejo Recreation and Park District Terms and Conditions of Service will be governed by and construed in accordance with the laws of the State of California with venue in Ventura County California. If for any reason a court of competent jurisdiction finds any provision or portion of the Conejo Recreation and Park District Terms and Conditions of Service to be unenforceable, the remainder of the Conejo Recreation and Park District Terms and Conditions of Service will continue in full force and effect.
These Conejo Recreation and Park District Terms and Conditions of Service constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding CRPD Public WiFi. Any waiver of any provision of the Conejo Recreation and Park District Terms and Conditions of Service will be effective only if in writing and signed by the General Manager of the Conejo Recreation and Park District.