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Terms, Conditions and Notice for Wireless Internet Usage | The Landmark Resort

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AGREEMENT BETWEEN CUSTOMER AND LANDMARK RESORT PROPERTY OWNERS ASSOCIATION, INC
The Landmark Resort provides its guests and owners with the privilege of using its high-speed Internet access service (the "Service") subject to these terms and conditions set forth below. The Service is being provided by a third party service provider ("Vendor") at the Landmark Resort in conjunction with Landmark Resort Condominium Owners Association, Inc. and its affiliated entity Landmark Resort Rental Company, Inc.  ("Landmark" or "We"). As a condition of accessing this Service, you must agree to the following terms and conditions of use ("Terms of Use"). If you do not agree to the Terms of Use you may not access or use the Service. Your use of the Service indicates your acceptance of these Terms of Use.

By accessing the site, you agree to accept, without limitation or qualification, all of the terms and conditions. We reserve the right to change, update, or correct any of the Terms & Conditions at any time without notice by posting amended terms to (the "Site"). Your continued use of the Service means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), you must disconnect from the Service immediately.

1.    Personal and noncommercial use limitation.
The Service is provided solely for you to make legitimate, personal use of the internet and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Service in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use (as well as for authorized use of your account by others). You agree to supervise all usage by minors of this Service site under your name or account. You also warrant that all information supplied by you in using this Service is true and accurate.

2.    Acceptable use policy.
The following activities are prohibited when you use the Service:
a.    Use of the Service to upload, transmit, or deliver anything that is:  (i) illegal; (ii) invades the privacy of another; (iii) libelous or defamatory; (iv) fraudulent; (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right ("Intellectual Property Rights") without the express prior consent of the owner of such Intellectual Property Rights; or (vi) Materials that you are prevented from sharing as a result of its confidential or proprietary nature, such as materials disclosed as part of your employment.
b.    Use of the Service to introduce any virus, Trojan horse, worm, or other malware, including, but not limited to, spyware, time bombs, or other harmful or invasive computer code that may damage or  hijack the operation of, or monitor the use of, any hardware, software or equipment of Landmark.
c.    Use of the Service to defame, abuse, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
d.    Use of the Service to violate a person's privacy rights or rights of publicity, or to harvest or collect personally identifiable information, including email addresses, about users of the Service.
e.    Use of the Service that harms minors in any way.
f.    Use of the Service that interferes with or disrupts the operation of the Service or the servers or networks used to make the Service available; or violates any requirements, procedures, policies or regulations of such networks.
g.    Use the Service to upload, distribute, transmit, deliver, or otherwise publish or post any material that is pornographic, vulgar, obscene, indecent, or sexually explicit; or that contains hate speech, is racist, promotes or encourages violence, is illegal or promotes illegal behavior, violates anyone's intellectual property rights, or is otherwise offensive or inappropriate as determined in Landmark's sole discretion.
h.    Attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
i.    Engaging in any other conduct which, in Landmark's sole discretion, is considered inappropriate, unauthorized, objectionable, or is for any purpose other than its intended purpose.
We reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Service or the Site.

3.    Violation of terms and termination of service.
In the event you violate any of these Terms, Landmark may terminate your access to the Service without notice and without refund as follows:
a.    We may terminate your use of the Service and remove, for any reason, at any time, without notice to you.
b.    We may terminate your use of the Service if you violate any law and we will cooperate with law enforcement agencies on such matters.
c.    We may, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that we shall not be liable to you or any third party for any termination of your access to the Service.
d.    We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:  (i) modify or discontinue the Service, including, but not limited to:  (1) restricting the time the Service is available, (2) restricting the amount of use of the Service permitted, and (3) restricting or terminating any user's right to use the Service, with or without notice; (ii) charge fees in connection with the use of the Service; (iii) modify and/or waive any fees charged in connection with the Service; and/or (iv) offer opportunities to some or all users of the Service.  Landmark shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content or feature offered through the Service.
e.    We reserve the right to charge your credit/debit card any amount you become obligated to Landmark, including but not limited to liability in accordance with Section 8 (Indemnification), set forth below.

4.    No editorial control.
The Landmark Resort does not review or exercise any editorial control over the content or materials made available over the Internet by third parties, including without limitation any electronic mail transmissions, newsgroups, or the like. However, Landmark may remove, block, filter, or restrict by any other means any materials that, in Landmark's sole discretion, may be illegal, may subject Landmark to liability, or may violate these Terms of Use. Landmark may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

5.    Security.
You expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection to the Internet is facilitated through wired or wireless technology. These security issues range from interception of transmissions, loss of data, or the introduction of viruses or other programs that can damage your computer or network.

6.    Disclaimer of warranties.
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS.  LANDMARK EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  LANDMARK MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.  LANDMARK MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, OR AVAILABILITY OF THE SERVICE OR ANY ERROR OR OMISSIONS IN THE LANDMARK SERVICE.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND YOU MAY HAVE ADDITIONAL RIGHTS BY OPERATION OF LAW.

7.    Limitation of liability.
UNDER NO CIRCUMSTANCES SHALL LANDMARK, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONTINGENT DAMAGES WHATSOEVER, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO THE SERVICE, THE CONTENT, OR THE SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LANDMARK SHALL HAVE NO LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGE FOR LOST PROFITS OR REVENUES, LOSS OF USE, COST OF CAPITAL, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, OR FOR CLAIMS BY ANY THIRD PARTY FOR ANY SUCH DAMAGES.  
LANDMARK DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM DEFECTS, VIRUSES, HACKING OR ANY OTHER ATTACK, INTRUSION, OR INTERRUPTION.  LANDMARK EXPRESSLY DISCLAIMS ANY LIABILITY RELATING TO ANY SUCH ATTACK, INTRUSION, OR INTERRUPTION.
IN NO EVENT SHALL LANDMARK'S TOTAL LIABILITY TO YOU ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICE EXCEED ONE HUNDRED DOLLARS.  WRITTEN NOTICE OF ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE BY YOU PROVIDED TO LANDMARK WITHIN THIRTY (30) DAYS OF THE USE OF THE SERVICE AND ANY LAWSUIT ARISING OUT OF SAID CLAIM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DATE OF DELIVERY OF SUCH NOTICE.

8.    Indemnification.
You agree to defend, Landmark its officers, directors, employees, members, owners, consultants, agents, successors and assigns ("Indemnified Parties") from any and all claims, allegations, or actions ("Claims"), and pay any losses, liabilities, damages, judgments, awards, costs, expenses or fees, including, but not limited to, Landmark's attorneys' fees and court costs) ("Losses") arising out of or related to:  (a) your use of the Service; (b) the violation of these Terms and Conditions by you; (c) the infringement by you (or other user of the Service using your account) of any Intellectual Property Rights or other right of any person or entity; (d) your violation of any applicable law or regulation; or (e) your violation or your representations in this Agreement.

9.    Miscellaneous.
a.    Entire Agreement. These Terms (as may be amended by Landmark from time to time, in its sole discretion) along with the Privacy Policy located on the website constitute the entire agreement between you and Landmark with regard to your access to, and the use of, the Service.
b.    Changes to Terms. The Landmark Resort reserves the right to change these terms at any time in its sole discretion. All changes are effective immediately upon their posting to the website. Your continued access to the Service constitutes your acceptance of any such changes to these Terms.
c.    Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
d.    No Waiver. Landmark's waiver of any provision or rights hereunder on any one occasion shall not operate as a waiver of any provision or right under on any future occasion.
e.    Notices. Landmark may provide any notice to you regarding Landmark or these Terms by regular postal mail or email to the mailing address or email address you provided to Landmark, or by posting such notice to Landmark. Any such notice shall be effective (i) three days after mailing, if by regular postal mail; (ii) upon confirmation of receipt when transmitted by email; or (iii) immediately, if posted to Landmark.
f.    Assignment. Landmark may assign these Terms, in whole or in part, at any time with or without notice to you.  You may not assign, transfer, or sublicense these Terms or any or all of your rights or obligations under these Terms. These Terms of Service will inure to the benefit of Landmark and its successors, assigns, and licensees.
g.    Choice of Law. These Terms shall be governed by and interpreted in accordance with the laws of the State of Wisconsin, without regard to conflict of laws principles. You agree to submit any dispute arising out of or related to these terms of Service in the state or federal courts located in Door County, Wisconsin and you irrevocably consent and submit to the personal jurisdiction of such courts for the purposes of resolving any dispute.
h.    Compliance with Laws. We operate the Service and the Site from the United States of America. If you choose to access and use the Service, you do so at your own risk and you are responsible for complying with all applicable laws, rules, and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
i.    Changes to the Terms of Use. We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Site, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Site prior to your use of the Service so you are aware of any changes, as they are binding on you.  Any failure by you, whether inadvertently or intentionally, to review any changes to these Terms and Conditions shall not void or alter your agreement to be bound by such changes.

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