Internet Access Terms and ConditionsLast Updated: 02.16.22
Effective March 1, 2022
These terms and conditions (“Terms”) set out the terms and conditions on which you may access internet service (the “Service”) provided by Charleston Place Acquisition LLC located at The Charleston Place (“The Charleston Place”). This Service is powered by our local internet infrastructure, gateway, and service provider (“Provider”). Your access to the Service may be blocked, suspended, or terminated at any time if you violate this agreement, take any action that may lead to liability for The Charleston Place or Provider, a disruption in access to the Service for other users or networks, violate applicable laws or regulations, or in the event The Charleston Place, in its sole discretion, discontinues the Service.
By using the Service, you represent that you are at least 13 years of age and you agree to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
You acknowledge and accept:
- that the Service may not be uninterrupted or error-free, may suffer significant outages, and may be discontinued entirely in The Charleston Place’s discretion;
- that The Charleston Place and Provider do not guarantee the availability or security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection, or expose you to viruses or other harmful applications;
- that The Charleston Place’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this section and it would require a substantial charge if any of these provisions were unenforceable; and
- that The Charleston Place or Provider can at any point block access to Services that they deem violate the “acceptable use” terms outlined below.
Furthermore, you acknowledge and accept that the Service is provided on an “as is”, “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the Service, whether express or implied, arising by law, custom, prior oral or written statements by The Charleston Place, 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.
Acceptable Use of the Service
You must not use the Service to access websites or services, or to send or receive content, which:
- contain material which may infringe a third party’s rights (including intellectual property rights);
- are activities that invade another’s privacy; or
- are otherwise unlawful.
You must not use the Service to access illegally or without authorization any other computers, accounts, equipment or networks belonging to another party, or attempt to circumvent, penetrate or otherwise defeat any access control or other security measures of another computer or computer 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.
Furthermore, you must not use the Service to distribute Internet Viruses, Trojan Horses, or other malicious or destructive software or other code. The Service is intended for use by guests of The Charleston Place only. You may not access this network if you are not authorized by The Charleston Place. We may terminate or temporarily suspend the Service if we reasonably believe that you are in breach of any provisions of this Agreement. If you use the Service to transmit or receive any confidential information or data, you do so at your own risk. We do not represent, warrant, or guarantee that the Service is secure.
You further agree we are entitled to cooperate with law enforcement agencies, other authorities, and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have, and which we are entitled to provide by law, to such parties.
Limitation of Liability/Indemnification
Under no circumstances will The Charleston Place, Provider, their service providers or licensors, or their affiliates, owners, officers, directors, employees, and agents (the “Charleston Place Parties”) be liable for consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on your claims (including, but not limited to, unauthorized access to, damage, or theft of your system or data, claims for loss of goodwill, claims for loss of data, use of or reliance on the Service, stoppage of other work or impairment of other assets, or damage caused to equipment or programs from any virus or other harmful application), arising out of breach or failure of express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort or otherwise.
You agree to indemnify and hold harmless the Charleston Place Parties from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or a violation of law or regulation, or any breach of this Agreement. This Section will not be construed to limit or exclude any other claims or remedies that the Charleston Place Parties may assert under this Agreement or by law.
Any dispute arising out of or relating in any way to your use of the Service or this Agreement shall be submitted to confidential, binding arbitration in Charleston, South Carolina before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under this Agreement may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, each party may seek injunctive or other appropriate relief in the courts of Charleston, South Carolina, and the parties hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The laws of the state of South Carolina and the United States govern this Agreement and any claims arising out of or relating to use of the Service, without giving effect to any choice of law rules. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Charleston, South Carolina will serve as the venue for any actions brought, or claims made, arising out of your use of the Service.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
If any provision of this Agreement is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of The Charleston Place.
You agree that this Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your attendance at The Charleston Place. You agree and understand that this Agreement together with any other applicable agreements you may have entered into regarding The Charleston Place, constitutes the entire agreement between you and The Charleston Place regarding your use of the Service, and that any other prior agreements between you and The Charleston Place or Provider are superseded by this Agreement. Any failure by The Charleston Place to exercise its rights under this Agreement or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or relating to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend these terms and conditions at any time by posting the amended terms on the Site. You are responsible for checking the terms and conditions when you visit the Site to review the current policy.
By agreeing to this Agreement, you acknowledge and accept these terms and conditions as the basis of your use of the Service.
If you have any questions about these Terms, please contact:
Charleston Place Acquisition LLC.
205 Meeting Street
Charleston, SC 29401
Attn: Legal Department