Wi-Fi Access Terms of Use

Public Wi-Fi Access Terms of Use

Last Modified: July 13, 2022

These Public Wi-Fi Access Terms of Use (the “Wi-Fi Terms”) together with the Privacy Policy set out the terms and conditions on which wireless internet access (the “Service”) is provided free of charge to you by The Mina Group LLC (“Mina,” “we,” “us” or “our”). The terms “you,” “your” or “user” refers to you, the user.

Please read these Wi-Fi Terms very carefully before accessing or using our Services. You must accept these Wi-Fi Terms each time you use the Service and it is your responsibility to review them for any changes each time. By using/ continuing to use our Services, you acknowledge you have read and understand and agree to be bound by the Wi-Fi Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of these Wi-Fi Terms, then you may not access or use any Services.

Your access to the Service is completely at the discretion of Mina. Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of these Wi-Fi Terms, actions that may lead to liability for Mina, disruption of access to other users or networks, and violation of applicable laws or regulations. Mina reserves the right to monitor and collect information while you are connected to the Service and that the collected information can be used at the discretion of Mina, including sharing the information with any law enforcement, governmental agencies, other authorities, Mina partners, and/or Mina vendors. We reserve the right at all times to withdraw the Service, change the specifications or manner of use of the Service, to change access codes, usernames, passwords, or other security information necessary to access the service.

IMPORTANT NOTICES

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (a) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST MINA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (b) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (c) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

You acknowledge and agree that the Service is not secure; that Mina has no responsibility to secure the Service, and that your use of the Service is at your own risk. As such, you should not transmit any credit card information, passwords, or any other sensitive personal information while using the Service. Anti-virus and security protection are your sole responsibility.

You take full responsibility for your use of the Service. Parents or guardians are solely responsible for restricting and monitoring their minors’ access or use of the internet through the Service. You shall respect all copyright laws and licensing agreements pertaining to software, music, and other resources obtained or accessed via the internet.

Eligibility to Use the Services

To use the Service you must be, and represent and warrant that you are, at least the age of majority in your state, province, or jurisdiction of residence, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that your parent or legal guardian has reviewed these Wi-Fi Terms with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Service. You warrant and represent that you (a) have all necessary rights, power, and authority to agree to these Wi-Fi Terms and perform your obligations hereunder, and (b) nothing contained in these Wi-Fi Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, store, and disclose your personal information. By submitting personal information through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy.

  1. Registration/Customer Information

Mina requires all users of the Service to provide certain personal information in order to access the Service. All information provided by you to Mina must be accurate and complete, including your name, email address, and/or zip code. You are also responsible for the actions of others who access or use the Service under your name and associated contact information.

Unless otherwise explicitly stated in these Wi-Fi Terms, any content provided by you in connection with your access to, or use of, the Service shall be deemed to be provided on a non-proprietary and non-confidential basis. Mina shall have no obligation of any kind with respect to such content and shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the content that you submit, and you, not Mina, have full responsibility for such content, including their legality, reliability, appropriateness, and originality.

In order for Mina to provide the Service to you, certain data may be collected from any Wi-Fi enabled device that is turned on, with its Wi-Fi radio set to look for available wireless networks that comes into contact with the Mina Wi-Fi network (regardless whether or not the device successfully connects and/or authenticates onto the network). Such data that Mina and its respective developers, licensees, and vendors (collectively the “Third Party Providers”) may collect will include: MAC address, date/time stamp, wireless access point / VLAN location (which can be associated with an actual physical location), device operating system, radio channel, radio signal strength, and radio band. This data may be retained indefinitely by Mina and its Third Party Providers, and may be used for internal and analytical purposes.

  1. Operational Limits of the Service

Accessibility of the Service is subject to the availability and operational limitations of the requisite equipment and associated facilities. You acknowledge and agree that temporary interruptions of the Service may occur and that Mina will not be liable for such interruptions. You further acknowledge and agree that Mina has no control over third party networks that may be accessed by you during your use of the Service, and that delays and disruptions of other network transmissions are beyond Mina’s control. Mina will not be liable for any failure of performance or delays caused by any equipment used by you to access and/or use the Service.

Although Mina provides the Service on a complimentary basis and receives no payment associated with your use, your use of the Service may incur charges imposed by the carrier or other party that supports the device you use to access the Service (e.g., mobile fees). Such charges are a function of your service plan and outside Mina’s control and do not affect the applicability or enforceability of these Wi-Fi Terms.

  1. General Use Restrictions

You are fully responsible for the device you use to access the Service and all activity undertaken through that device while it is accessing or using the Service, whether or not those activities were caused or authorized by you.

You are fully responsible for your activities while using this Service, including any content, information, data, or other materials you access or transmit via this Service, and you bear all risks associated with use of this Service. You agree not to use this Service to engage in any prohibited conduct, or to assist any other person or entity in engaging in prohibited conduct, including, without limitation, conduct that:

  • Is unlawful or barred by these Wi-Fi Terms or other applicable contractual agreements;
  • Is infringing, such as using, altering, and/or downloading copyright protected material, video, audio, or other intellectual property without the respective owner’s permission;
  • Is tortious, meaning intentionally harmful to an individual or entity or that negligently or knowingly puts an individual or entity at risk of harm;
  • Would reasonably harm or otherwise adversely impact the security of the Service or any user’s device or information system;
  • Invades, or attempts to invade, the privacy of any individual;
  • A reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights, or other legal or proprietary rights; or
  • Interferes with the operation, use, or enjoyment of the Service, or any other services, systems, products, or property.

Examples of prohibited conduct include, but are not limited to, the following:

  • Attempting to or actually damaging or interfering with the Service;
  • Intercepting, diverting, or otherwise interfering with any communications engaged in or accessed using the Service;
  • Sending or causing to be sent to any person or entity any unsolicited commercial email or unsolicited bulk email (“spam”) or other communications which use deliberately misleading headers;
  • Attempting to or actually committing any illegal act, including hacking, identity theft, fraud, etc.;
  • Harassing or threatening any party or advocating or encouraging violence against any government, organization, group, individual, or property;
  • Disseminating a virus, Trojan horse, malicious code, or similar program intended to damage, interfere with, intercept or expropriate any system, device, data, or information;
  • Sending, receiving, accessing, or using any communication, content, or other material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful, or otherwise harmful.
  • Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • Attempting to probe, scan, or test the vulnerability of the Service or any other system, device, or network or to breach security or authentication measures without proper authorization;
  • Forging any TCP/IP packet header or any part of the header information in any transmission; and
  • Using the Service for high volume data transfers including in particular, but without limitation, sustained high volume data transfers.

Violations may result in civil or criminal liability. Mina reserves the right to investigate potential violations and may involve, and cooperate with, law enforcement, governmental agencies, and other authorities in prosecuting users who are involved in such violations.

  1. Service Suspension/Termination

Without limiting any other available right or remedy, Mina reserves the right to, immediately terminate or suspend your access to your use of the Service (or any part thereof), without notice, for (a) conduct that (i) Mina believes constitutes a violation of any law, rule, regulation, or tariff (including, without limitation, copyright and intellectual property laws) and/or (ii) could expose Mina to sanctions, prosecution, civil action, or other liability; (b) a violation, or a suspected violation, of these Wi-Fi Terms, or any applicable policies, guidelines, or agreements; (c) conduct that could cause harm to, or interfere with the integrity or normal operations of Mina’s network(s) or facilities and/or interfere with another person’s use of the Service or the internet, (d) conduct that could otherwise present a risk of harm to Mina or any third party, or (e) any other reason in our sole discretion. Mina may also terminate or suspend your access to the Service if you access the Service through the use of inappropriate means or methods, including, without limitation, by providing false or inaccurate information.

  1. Disclaimer of Warranties

The Service is provided “as is” and “as available”, and is for personal, non-commercial use only. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MINA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES accessed via the service. We do not represent or warrant that (a) your use of the Service will be uninterrupted, timely, secure, or error-free, (b) any errors in the Service will be corrected, (c) the quality of the Service will meet your expectations, (d) the Service will be free of any worms or viruses or any code of a malicious and/ or destructive nature, OR (e) the results that may be obtained from the use of the Service will be accurate or reliable. You (and not MINA) assume the entire cost of all necessary servicing, repair, or correction.

MINA AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES resulting from use of the service; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR CONSUMPTION OF ANY CONTENT through the service; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SERVICES; OR (g) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THESE Wi-fi TERMS.

  1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINA AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE RESPONSIBLE FOR ANY LOSS INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES, OR FINANCIAL LOSSES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THESE WI-FI TERMS OR THE SERVICES, OR FOR ANY DAMAGES RELATED TO THE LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF MINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF MINA AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THESE WI-FI TERMS OR THE ACCESS TO AND USE OF THE SERVICES, EXCEED $100.

Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.

  1. Indemnity

You agree to indemnify, defend and hold harmless Mina and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all losses, claims, damages, judgments, demands, actions, proceedings, investigations (whether formal or informal), or expenses (including reasonable attorneys’ fees), or threats thereof, due to, arising out of or relating to (a) your breach of these Wi-Fi Terms or the documents they incorporate by reference, (b) your violation of (i) any law or (ii) the rights of a third-party, or (c) your use of the Services.

In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your account/on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). Mina reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mina in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Wi-Fi Terms, or your access to the Services, including the use of any benefits through the Services.

  1. Third-Party Services, Materials, and Content

Services, materials, and content provided by third parties, such as other websites, communication services, information, applications, or other networks, have not been independently authenticated or tested in whole or in part by Mina. Mina does not provide, sell, license, or lease any such materials other than those specifically identified by us as being provided by Mina. Mina does not maintain or control such services, materials, and content and is not responsible in any way for it. Mina provides the Service to you as a convenience, and your ability to use it to access any third party-provided services, materials, and content cannot be guaranteed. Availability of such services, materials, and content via the Service does not imply endorsement by Mina.

  1. Dispute Resolution
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Wi-Fi Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Mina agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Wi-Fi Terms, and that you and Mina are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Wi-Fi Terms.
    2. Exceptions. As limited exceptions to Section 9.a. above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Wi-Fi Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at adr.org.
    4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each party shall bear its own costs and expenses of arbitration, including legal fees.
    5. Injunctive and Declaratory Relief. Except as provided in Section 9.b. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    6. Class Action Waiver. YOU AND MINA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
  2. Miscellaneous Terms
    1. These Wi-Fi Terms May Change. We reserve the right, at our sole discretion, to update, change, modify, or replace any part of these Wi-Fi Terms by posting updates and changes. Your continued use of or access to the Services following the posting of any changes to these Wi-Fi Terms constitutes acceptance of those changes.
    2. Severability. In the event that any provision of these Wi-Fi Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Wi-Fi Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
    3. Termination. These Wi-Fi Terms are effective unless and until terminated by either you or us. You may terminate these Wi-Fi Terms at any time by notifying us that you no longer wish to use the Services, or when you cease using our Services. Even after your right to use the Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and the Wi-Fi Terms will remain enforceable against you.

Provisions that, by their nature, should survive termination of these Wi-Fi Terms shall survive termination. By way of example, but without limitation, all of the following will survive termination: any obligation you have to indemnify us, and any limitations on our liability.

  1. No Assignment of the Terms of Service. You may not assign these Wi-Fi Terms to any other party. We may assign these Wi-Fi Terms or delegate any or all of our rights and responsibilities under these Wi-Fi Terms to any third parties, without notice to you.
  2. Governing Law and Jurisdiction. These Wi-Fi Terms and all disputes arising out of or relating to the Wi-Fi Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada in the United States, without regard to its conflict of laws principles. These disputes will be resolved exclusively in the federal and state courts in the State of Nevada, and you and we consent to personal jurisdiction in those courts.
  3. Waiver. No delay or omission by us in exercising any rights or remedies thereunder shall impair such right or remedy or be construed as a waiver of any such right or remedy. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
  4. Headings. The headings used in these Wi-Fi Terms are included for convenience only and will not limit or otherwise affect these Wi-Fi Terms.
  5. Entire Agreement. These Wi-Fi Terms and any policies or operating rules posted by us on our website or in respect to the Services constitutes the complete and exclusive agreement and understanding between you and us related to the Services, and supersedes any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Wi-Fi Terms). Any ambiguities in the interpretation of these Wi-Fi Terms shall not be construed against the drafting party.
  6. Contact Information. Questions about the Wi-Fi Terms should be sent to us at [email protected]