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Public Wireless

Compass – Public Wireless

Terms of Service (TOS)

Please read the terms and conditions of the Terms of Service (“TOS”) carefully, as it imposes obligations and restrictions upon you.

Access to the Service

The “Service” is a free public wireless internet access service provided by the Compass. Your access to the Service is completely at the discretion of Compass, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of the TOS, actions that may lead to liability for Compass, disruption of access to other users of the Service or networks, or violation of applicable laws or regulations. Compass may revise the TOS at any time without your consent or authorization. You must accept the TOS each time you use the Service and it is your responsibility to review it for any changes each time. The TOS sets out the duties and responsibilities associated with the use of the Service. You, any person you authorize to use the Service, and/or any user of the Service on your device (collectively referred to as “you”) are responsible for any breach of the TOS. If you do not wish to be bound by the TOS, you shall not access or use the Service. The TOS may be terminated by you ceasing to use the Service; however, any termination of the TOS does not relieve you from any liability incurring from your use of the Service prior to the termination becoming effective. Compass reserves the right to reduce throughput or access as need be, or to terminate the Service at any time without notice.

The Service is an open wireless network. Please remember:

No network communication is 100% secure. No network communication should be considered private or protected. Compass is not obligated to monitor the Service; however, Compass reserves the right to monitor the Services from time to time and to disclose any information necessary to satisfy any laws, regulations, or other governmental requests, or to protect itself or others. Additionally, media and material stored in Compass’s network environment are subject to disclosure under Ontario’s Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended. *The service is a best-effort delivery that can be impacted by the level of usage at any given time.

Prohibited Activities

Your use of the Service and any activities conducted online through the Service shall not violate, or encourage conduct that violates, any applicable law, regulation, or give rise to civil liability. Without limiting the foregoing, the following use of the Service is strictly prohibited: spamming and invasion of privacy of others, violating intellectual property law, transmitting obscene or indecent speech or materials, transmitting defamatory or abusive language, hacking or distribution of internet viruses, spyware, worms, or other destructive activities.

Excessive or unreasonable use of the Service (as determined by Compass, at its sole discretion), and use of the Service from home or from a place of work is prohibited.

You agree not to sell or redistribute the Service or any part thereof.

Failure to comply with the TOS may result in suspension or restriction of use of the Service, immediate cancellation of access to the Service, as well as prosecution.

No Liability for Content

You acknowledge that neither Compass (including its officers, directors, employees, agents or affiliates), nor its suppliers, or licensors monitor the content available on the Internet, and that some content may be inaccurate, unsuitable, offensive, or illegal. The access and use of the Service is at your sole risk. The City assumes no responsibility for the security and privacy of your use of the Service.

Disclaimer

You acknowledge that: (i) the Service may not be uninterrupted or error-free; (ii) viruses or other harmful applications may be available through the Service; (iii) Compass does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) Compass is not obligated to provide support and/or training related to the use of the Service or network.

Limited Warranty

THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. COMPASS and its directors, officers, employees, agents, and suppliers disclaim any responsibility, including but not limited to responsibility for the OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, HARDWARE, SOFTWARE, COMPATIBILITY, SECURITY, PRIVACY OR CAPABILITIES OF THE SERVICE, GOODS, CONTENT OR INFORMATION PROVIDED HEREUNDER or on the Internet. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SERVICE OR ITS CONTENT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY COMPASS, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL COMPASS , ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE TO YOU OR TO A THIRD PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE FOR: (i) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING BUT NOT LIMITED TO INJURY, LOST PROFITS, UNAUTHORIZED ACCESS, DAMAGE, LOSS OR THEFT OF YOUR EQUIPMENT, PROGRAMS, SYSTEMS OR DATA, USE OR RELIANCE ON THE INFORMATION, SERVICES OR GOODS PROVIDED ON OR THROUGH THE SERVICE OR THE INTERNET CONTENT ACCESSED THROUGH THE SERVICE, OR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS OR FAILURE OF PERFORMANCE OF THE SERVICE; and (ii) ANY LOSSES OR EXPENSES (INCLUDING LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH ANY DEMAND, CLAIM, ACTION, OR OTHER PROCEEDING BASED ON THE USE OF THE SERVICE BY YOU OR A THIRD PARTY.

IN NO EVENT WILL THE AGGREGATE LIABILITY THAT COMPASS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $10.00. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

Compass is not responsible for any infringement of copyright or intellectual property laws.

In no event shall Compass be liable for failure to comply with the TOS if such failure results from a condition beyond the control of Compass including but not limited to fire, flood, earthquake, acts of God, theft, riot, strike or other labour disturbance, power failure or war.

Miscellaneous

If any provisions contained in this TOS are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, it shall be severed from the remaining provisions of the TOS, which shall continue to remain in force and be binding. The TOS shall be governed by the laws of the province of Ontario and the federal laws of Canada, as applicable.

Compass may assign its rights and obligation under the TOS to another party without your prior written consent. You shall not assign or transfer your rights and obligations under the TOS.

Failure of Compass to exercise a right, or enforce a term or condition pursuant to the TOS shall not be construed as a waiver by Compass of its rights or the terms and conditions hereto.

The terms and conditions within the TOS constitute the entire agreement between you and Compass for the matters herein. No other prior agreement or representation, whether verbal or written, shall vary the terms and conditions of the TOS.

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