Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BILLY BISHOP WIFI SERVICE AND ANY RELATED WEBSITES (collectively, the “Service”).
TPA has no obligation to monitor the Service. However, TPA reserves the right to monitor the Service from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.
You shall not do any of the following, or allow others to do any of the following:
rent, lease, lend, sell, redistribute or sublicense the Service;
use the Service for any purpose that is illegal or fraudulent, or that infringes the privacy, intellectual property or other rights of TPA or others;
post, transmit or otherwise distribute libelous, defamatory, obscene, pornographic or abusive content;
use the Service in a manner which would give rise to civil or criminal liability or is otherwise contrary to law or to TPA's then-current policies;
use the Service in a manner which would restrict or inhibit any other user from using or enjoying the Service or the Internet, including the transmission of spam, viruses or other harmful material; or
TPA and its third party providers own all right, title and interest in and to the Service, the content of which is protected by copyright, trade-mark and other intellectual property laws. You may not use the name or any of the trade-marks, logos, domain names or other distinctive brand features of TPA or its third party providers.
You are solely responsible for your use of the Service, for any content you provide through the Service, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Service.
All content transmitted on or via the Service is the sole responsibility of the originator. By using the Service, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate.
Certain security risks are inherent in the use of wireless systems such as the Service. Wireless communications can be intercepted by equipment and software designed for that purpose. In order to work with the widest variety of devices, you acknowledge that the Service does not provide any level of encryption (such as WEP, WPA or other encryption or authentication mechanisms). Therefore, the privacy and security of transmissions over the Service cannot be guaranteed.
No Warranties Or Conditions
THE SERVICE IS PROVIDED TO YOU STRICTLY “AS IS/AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
TPA MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS USE, INCLUDING WITH RESPECT TO ITS SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. TPA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability
TPA IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OR LOSSES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE) REGARDLESS OF HOW SUCH CLAIM MAY BE BASED (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE), RESULTING FROM OR ARISING OUT OF THE SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY FAILURES, DEFECTS, ERRORS, OMISSIONS, INACCURACIES OR INCOMPLETENESS THEREIN, REGARDLESS OF WHETHER TPA HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY OF THE FOREGOING, OR ANY OTHER BREACH BY TPA OR ITS SUPPLIERS OR AGENTS, OR ANY DISSATISFACTION WITH THE SERVICE, YOUR EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR ACCESS TO THE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE INTENDED TO PROVIDE ACCESS TO THE SERVICE, OR FOR ANY INTERCEPTION, INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR OF ANY COMMUNICATION USING THE SERVICE, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY TPA OR A THIRD PARTY SERVICE PROVIDER. TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CONTENT, CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE PERFORMANCE OF THE SERVICE OR THE DELIVERY OF DATA AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THE SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THE SERVICE. TPA WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY TPA OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICE OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
e-mail to firstname.lastname@example.org or telephone (416) 979-0159
or by writing to:
100 - 510 Front St. W.
Last updated June 11, 2015.