EFFECTIVE DATE: AUGUST 31, 2017
This is a legal agreement (“Agreement”) between you and Blarney Castle Oil Co. (“Blarney Castle”) governing your access to and use of this WIFI Service (“Service”). Only current guests of Onekama EZ Market (“location”) may use the Service.
BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF THIS LOCATION AND ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of this location and/or you do not agree to or understand this Agreement, then you may not use or access this Service.
By using this Service you warrant and promise, that either (i) you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use this Service.
In consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree that this Agreement is for the benefit of Blarney Castle. “Third Party Provider” means the third party provider of Blarney Castle providing the Service.
1. ACCESS. When accessing the Service at the location, acceptance of this Agreement will be required at the beginning of each session. There may be time limits associated with access to the Service. There are no fees charged by Blarney Castle to use the Service, however there may be data usage or other like fees owed by you to your mobile carrier. This Service is intended for individuals 13 years of age or older; if you are between 13 and 18, please use this Service with the permission of a parent or guardian.
3. AUTHORIZED USE OF THIS SERVICE. You agree that you are authorized to use this Service solely while you are a guest of this location, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
By way of illustration and not limitation, Prohibited Conduct includes using this Service to: (i) intercept, divert or otherwise interfere with any communication, (ii) violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication, engage in any activity in the nature of hacking or port scanning, or engage in any activity that is in the nature of a “denial of service” attack or otherwise affect/interrupt or attempt to affect/interrupt the operation of the Service in any manner; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send “spam”, chain letters, or other unsolicited communications to any party; (iv) create a “mail drop” for such communications, or engage or permit e-mail relay services (e.g., “open mail relay”); (v) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass, or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (ix) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send, receive, download or print any material, audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) send or receive any material that you do not have a right to make available under law, contractually (for example, it was not paid for) or under fiduciary relationships; (xiv) engage in conduct that would expose Blarney Castle or its service providers to civil or criminal liability; (xv) engage in any activity that violates any local, state, United States or applicable international law or regulation, (xvi) engage in any activity that is harmful to minors, or permit a minor to use this Service to access any content intended for adults; or (xvii) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive. Blarney Castle requires and expects that you will be a good Internet citizen and use good judgment when using this Service.
4. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Blarney Castle, the Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Blarney Castle reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Blarney Castle and/or the Third Party Provider in asserting any available defenses.
5. CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, Blarney Castle and the Third Party Provider reserve the right to, and you agree that Blarney Castle and/or the Third Party Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to Blarney Castle and the Third Party Provider for any damages incurred or amounts that are required to be paid by Blarney Castle and/or the Third Party Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.
6. YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to Blarney Castle and the Third Party Provider, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Blarney Castle and the Third Party Provider make no assurances that your communications, or activities while using the Services, or your use of any information or data obtained by you by accessing this Service will be (or will remain) private or secure, and you further agree that Blarney Castle and the Third Party Provider assume no responsibility in that regard. You agree that you, and not Blarney Castle or the Third Party Provider, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you via this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).
7. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO Blarney Castle GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Blarney Castle AND THE THIRD PARTY PROVIDER DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii)FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v)QUALITY, (vi)ACCURACY, (vii)TIMELINESS, (viii) COMPLETENESS, (ix)TITLE, (x)QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF Blarney Castle OR THIRD PARTY SERVICE PROVIDER IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY Blarney Castle, THE THIRD PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of the Services and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Blarney Castle or the Third Party Provider may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.
8. LIMITATION OF Blarney Castle’S AND THE THIRD PARTY PROVIDER’S LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE SERVICE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON Blarney Castle OR THE THIRD PARTY PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, ITS FEATURES OR CONTENT, EVEN IF Blarney Castle OR ITS THIRD PARTY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF Blarney Castle AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (I)YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00). (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR SERVICE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY Blarney Castle’S OR THE THIRD PARTY PROVIDER’S OWN NEGLIGENCE, OR(iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
9. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Blarney Castle or the Third Party Provider may, at any time and for whatever reason change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. Blarney Castle also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms. Sections 4, 7, 8, 9, and 10, and any other provisions that by their nature should survive termination, shall survive termination of this Agreement for any reason.
10. MISCELLANEOUS. You agree that: this Agreement and your use of the Service shall be governed by (i) the laws of the State of Michigan, without regard to conflicts of laws principles and Blarney Castle and/or its Third Party Provider, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be (i) the federal and state courts in the State of Michigan in Manistee County and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that this Agreement is solely between you and Blarney Castle. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Service shall be solely against Blarney Castle, and not any other party. Further, you agree that any action you bring that arises from, or relates to, the Service must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by Blarney Castle or Third Party Provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement constitutes the entire agreement between you and Blarney Castle regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Blarney Castle regarding its subject matter. You agree that any notices given by you to Blarney Castle must be given by e-mail (addressed to email@example.com (Subject: WiFi)), or by postal mail to Blarney Castle Oil Co., PO Box 246, Bear Lake, MI 49614, Attention: Public Wifi Department.
You expressly consent to the rendering of this Agreement in English. Vous consentez expressément au rendu de cet accord en anglais.
© 2017 Blarney Castle Oil Co. All rights reserved.
12218 West St.
P.O. Box 246
Bear Lake, MI 49614
Call your local Blarney Castle office for service and general inquiries, or email us at the address below: