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INDIAN WELLS TENNIS GARDEN PUBLIC WIFI TERMS & CONDITIONS

SSID: IWTG Public WiFi

This Agreement sets forth the terms and conditions (the “Service Terms and Conditions”) on which wireless internet access (“the Service”) is provided free of charge to you as a patron or guest of Desert Champions LLC (“DC”) at the Indian Wells Tennis Garden and/or any event conducted there. Your use of the Service constitutes your acceptance of the Service Terms and Conditions set forth in this Agreement.

Your access to the Service is completely at the discretion of DC. Access to the Service may be blocked, suspended, or terminated at any time and for any reason including, but not limited to, violation of this Agreement, actions that may lead to liability for DC, disruption of access to other users or networks, and violation of applicable laws or regulations. DC reserves the right in certain specific circumstances (as described in the section below entitled DC Access/Privacy Policy) to monitor and collect information while you are connected to the Service.

DC may revise this Agreement at any time. By connecting to the Service you accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time. DC reserves the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords or other security information necessary to access the Service.

IF YOU DO NOT AGREE WITH THESE SERVICE TERMS AND CONDITIONS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.

You may use the Service and technology provided to you by DC for the sole purpose of accessing the Internet from your personal wireless-enabled device in the manner described in this Agreement. You must not use the Service in any manner or for any purpose not authorized by this Agreement. Examples of improper activities include, without limitation:

  1. Modifying, adapting, translating, or reverse engineering any portion of the Service;
  2. Attempting to break security, access, tamper with or use any unauthorized areas of the Service;
  3. Attempting to bypass and thereby access any websites that DC has blocked from access by anyone using the Service;
  4. 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;
  5. Creating or transmitting unwanted electronic communications such as “spam,” or bulk commercial messages to other users or otherwise interfering with other user’s enjoyment of the Service;
  6. Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;
  7. The transfer of technology, software, or other materials in violation of applicable export laws and regulations including, but not limited to the U.S. Export Administration Regulations and Executive Orders;
  8. Distribution of any Internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;
  9. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system (this includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity);
  10. Using the Service for any unlawful, harassing, abusive, criminal or fraudulent purpose or result;
  11. Accessing, receiving and/or downloading material that contains (a) obscene, profane or abusive language, (b) pornographic material (for example, text, pictures, films, video clips of a sexually explicit or arousing nature), and/or (c) offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation.
  12. Using the Service in DC’s reasonable opinion in a way that may adversely affect the manner in which DC or others carry out their work in respect to the Indian Wells Tennis Garden and/or any event conducted there;
  13. Reselling any aspect of the Service;
  14. Logging onto the Service under false or fraudulent pretenses;
  15. Accessing, receiving and/or downloading any material from a gambling-related site, person or entity, or collecting, disseminating, transmitting, publishing or releasing to a gambling-related site, person or entity any material, data or information about events occurring at the Indian Wells Tennis Garden;
  16. Collecting, disseminating, transmitting, publishing or releasing from the Indian Wells Tennis Garden in respect of the BNP Paribas Open or other event any match related data or information at any time during the match; or
  17. Recording transmitting, publishing or releasing or aiding in any of the foregoing, any image and/or sound recording from, description of, or other information about any performances or events held at the Indian Wells Tennis Garden or in any way using same for commercial purposes.

Changes in the Service and Service Terms and Conditions; Termination

DC may modify or terminate the Service and/or these Service Terms and Conditions, and any accompanying policies, for any reason, and without notice. Upon any such termination, any and all rights granted to you under this Agreement shall terminate. Please review these Service Terms and Conditions each time you use the Service so that you will be apprised of any changes.

DC Access/Privacy Policy

DC does not store the content of your online communications or the content of data transfers. DC employees do not access the content of any communications or files you send or receive. However, DC reserves the right to monitor, intercept and disclose any transmissions over or using the Service, and to provide user information or use records and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect DC’s rights, users or property).

In addition, upon connecting the Service may direct you to internet sites operated by DC (such as for the BNP Paribas Open or the Indian Wells Tennis Garden). The use of those internet sites is subject to their own terms and conditions, including privacy policies, as specified therein and which you should review before your use.

Furthermore, DC does not exercise control over sites that you may visit or services that you may use that are not controlled by or affiliated with DC, the Indian Wells Tennis Garden or any event conducted at the Indian Wells Tennis Garden. These other sites and services may place their own cookies or other files on your device, collect data, or solicit personal information from you. You should read the privacy policies of these sites and services to learn how they handle your personal information.

Your Responsibilities

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. DC will not be liable to you or any other party for any lack of security that may result from your use of the Service. You agree that you are responsible for providing security measures that are suited for your intended use of the Service. For example, you shall take full responsibility for taking adequate measures to safeguard your data from loss. Also, other than the technology provided by DC, you must provide all equipment, technology and software to use the Service and are responsible for all costs you incur in respect of using your personal wireless-enabled device for the Service.

Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND YOUR USE THEREOF IS AT YOU OWN RISK. DC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL 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. DC 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 CIRCUMSTANCE SHALL EITHER DC OR ITS SUPPLIERS AND LICENSORS 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 OF ACTION, AND WHETHER OR NOT FORESEEABLE.

In addition, DC and its suppliers and licensors 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 Service; (ii) the downloading or use of any information, data or materials obtained via the Service or from the Internet; (iii) any failure while using the Service to complete a transaction on the Internet or for any loss of data due to delays, non-deliveries, misdeliveries, or service interruptions; (iv) anything beyond the reasonable control of DC, including but not limited to any interruption or failure of the Internet, telecommunications, equipment, electrical power, or a third party’s services, software, equipment or network, or that result from strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, climatic conditions, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals; (v) any unauthorized use or modification of the Service or combination of the Service 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, website, computers, or networks.

You further agree that DC’s ability to provide the Service without charge is based on the disclaimers and limitation of liability specified in this and the previous section of this Agreement and it would require a substantial charge if any of these provisions were unenforceable.

Indemnity

You agree to hold harmless and indemnify DC, its suppliers and licensors from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, DC will provide you with written notice of such claim, suit or action.

Intellectual Property Policy

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through the Service, file a notice. To file a notice of copyright notice with us, please send a written communication by fax or regular mail as follows:

Desert Champions LLC
78-200 Miles Avenue
Indian Wells, CA 92210

Attention:  Chief Operating Officer
Facsimile:  (760) 200-8441

Please provide information reasonably sufficient to permit DC to contact you (email address is preferred).

Miscellaneous Provisions

This Agreement will be governed by and construed in accordance with the laws of the State of California and any legal action must be held in Riverside County, California. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement is unenforceable, the remainder of its terms and conditions will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding the Service. This Agreement shall not be construed as creating a partnership, joint venture, or agency relationship or granting any rights except as provided herein.

Last modified: December 2, 2021

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