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Wi-Fi System User Agreement

WI-FI SYSTEM USER AGREEMENT AND ACCEPTABLE USE POLICY

Welcome to the Free Wireless Internet Access System ("Wi-Fi System" or "Service") provided by Greensboro Baseball, LLC ("Greensboro Baseball") at the Greensboro Grasshoppers' First National Bank Field (the "Stadium"). This Wi-Fi System User Agreement and Acceptable Use Policy ("Agreement") governs your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System.

Acceptance of the Wi-Fi System User Agreement and Acceptable Use Policy

BY CLICKING ON "AGREE" ON THE WI-FI SYSTEM SPLASH PAGE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE WI-FI SYSTEM.

Access to Internet Content

Greensboro Baseball does not control, nor is it responsible or liable for data, content, services, or products (including software) that you access, download, receive or buy via the Service. Greensboro Baseball may block access to certain services, products or domains to protect Greensboro Baseball, Greensboro Baseball's network, the public or other users of the Service. Greensboro Baseball reserves the right to terminate or suspend your Service if Greensboro Baseball determines that your use does not conform with the requirements set forth in this Agreement, or interferes with Greensboro Baseball's ability to provide Service to you or others, or receives notice from anyone that your use may violate any laws or regulations. Greensboro Baseball's actions or inaction under this Section shall not constitute review or approval of your use.

Your Responsibilities

You must (1) provide all equipment (including computer hardware and software, personal digital assistances, wireless network cards, etc.) to connect to the Wi-Fi System, (2) comply with this Agreement; (3) comply with the Acceptable Use Policy of North State Communications, which may be available at the following link www.northstate.net/termsandconditions; and (4) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content you may access through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. Greensboro Baseball does not promise any security or privacy protection when you use the Service. It is your sole responsibility to install and deploy technological tools to protect your any data, communications and equipment that may be compromised by use of an unsecured wireless network.

 Acceptable Use Policy

In addition to the Acceptable Use Policy of North State Communications, all users of the Wi-Fi System must comply with this Acceptable Use Policy ("AUP"). Greensboro Baseball may remove, block, filter or restrict by any other means access to any materials that, in Greensboro Baseball's sole discretion, may be illegal, may subject Greensboro Baseball to liability or may violate this AUP. Greensboro Baseball may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong committed through use of the Service. Violation of this AUP may result in the suspension or termination of either access to the Wi-Fi System or other actions as detailed below.

The following constitutes examples of violations of this AUP. You agree NOT to use the Wi-Fi System to:

Transmit any material which violates United States, state or local laws, including but not limited to criminally threatening, obscene or harassing materials;

Forge headers or otherwise manipulate identifiers in order to disguise the origin or any material transmitted through the Wi-Fi System;

Transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party;

Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Interfere with or disrupt the Wi-Fi System or servers or networks connected to the Wi-Fi System, or disobey any requirement, procedures, policies or regulation of networks connected to the Wi-Fi System;

"Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;

Resell the Wi-Fi System;

Use the Wi-Fi System for high volume data transfers, hosting a web server, IRC server, or any other server.

Warning

Using the Service may distract you from the event taking place at the Stadium. Despite enhanced spectator shielding measures, baseballs may still fly into the spectator area. Serious injury can occur. Stay alert at all times including during warmups and after play stops. By using the Service during an event at the Stadium, you assume all risks and dangers incidental to the event, whether occurring prior to, during or after the event, including but not limited to, the danger of being injured by thrown, batted, kicked, shot, struck, etc. objects such as balls, bats and other objects or equipment, or by other spectators or players. You agree that the management, facility, league, and all of their respective agents, officers, directors, owners and employees are expressly released by you for any claims arising from such causes.

Waiver and Indemnification

You agree that the City shall not be liable, and you hereby waive all claims against Greensboro Baseball and hold Greensboro Baseball harmless for, any damages arising from your use of the Service, including without limitation punitive, exemplary, incidental, special or consequential damages; damages related to loss of privacy or security; damages related to lost profits, loss of business, loss of data, or loss due to unauthorized access; damages related to loss due to viruses or other harmful components; personal injury damages; property damages; or any damages whatsoever. You further agree that Greensboro Baseball shall not be liable, and you hereby waive all claims against Greensboro Baseball and hold Greensboro Baseball harmless for, any damages arising from any inability to use the Service or for interruption or failure of the Service. You further agree that Greensboro Baseball shall not be responsible or liable for any cost of replacement products and services; the content of any data transmission, communication or message transmitted to or received by you; any goods or services purchased or messages or data received or transaction entered into through the Service.

You shall defend, indemnify and hold Greensboro Baseball and its respective employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (include reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Agreement.

No Warranty

THE WI-FI SYSTEM IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. GREENSBORO BASEBALL DOES NOT WARRANT THAT THE SERVICES WILL BE ACCESSABLE, UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREENSBORO BASEBALL MAKES NO EXPRESS WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH GREENSBORO BASEBALL OR THE INTERNET GENERALLY. YOU EXPRESSLY ACKNOWLEDGE THAT THERE ARE, AND ASSUME ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND GREENSBORO BASEBALL DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY GREENSBORO BASEBALL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

Modifications

Greensboro Baseball may, at its sole discretion, modify the terms and conditions of this Agreement, including the AUP, at any time. Such modifications shall be binding and effective upon posting on the Wi-Fi System.