Last Revision: December 19, 2022
1. Conditions for Use of THE MIRAGE WiFi
You may be required to register or provide certain information to access THE MIRAGE WiFi. During such registration, you agree to submit accurate and complete information and to update such information as required from time to time. If we suspect that your information is untrue, inaccurate, out-of-date, or incomplete, we may suspend or terminate your access to THE MIRAGE WiFi or request additional information from you. You agree to notify us immediately of any unauthorized use of THE MIRAGE WiFi or any other breach of security that is known or suspected by you.
3. Permissible Use
You agree not to use THE MIRAGE WiFi in violation of any applicable law or regulation or in any manner that impinges on the rights of others. You may not use THE MIRAGE WiFi for activities we deem improper including, but not limited to, the following: -logging onto THE MIRAGE WiFi with false or fraudulent information using THE MIRAGE WiFi in any manner that is fraudulent, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, or libelous -infringing any third party's intellectual property, rights of publicity or privacy, or other proprietary rights. -creating or transmitting viruses, worms, Trojan horses, time bombs, corrupted files, spam, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of THE MIRAGE WiFi or any other computer software or hardware. -removing any copyright, trademark or other proprietary rights notices contained in or on THE MIRAGE WiFi. -attempting, through any means, to gain access to any unauthorized areas of THE MIRAGE WiFi or information about other users of THE MIRAGE WiFi for unauthorized purposes. -using any robot, scraper, spider, or any other automatic device or manual process to monitor or copy any content transmitted via THE MIRAGE WiFi. -taking any action that imposes an unreasonable or disproportionately large load on THE MIRAGE WiFi. -taking any action that creates liability for us or causes us to lose any of the services of our business partners, vendors or suppliers. -taking any action that would cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Agreement.
4. Privacy and Security
YOU AGREE THAT USE OF THE MIRAGE WIFI IS AT YOUR SOLE RISK. THE MIRAGE WIFI IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE MIRAGE WIFI WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, SECURE, OR RELIABLE OR THAT THE MIRAGE WIFI WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. THERE IS NO GUARANTEE OF ANY MINIMUM DATA TRANSFER SPEED. WE HAVE NO RESPONSIBILITY FOR ANY THIRD PARTY NETWORKS, SITES OR CONTENT YOU MAY ACCESS THROUGH THE MIRAGE WIFI. WE ARE NOT LIABLE FOR ANY LOSS, DESTRUCTION OR UNAUTHORIZED ACCESS OR USE OF PRIVATE OR PERSONAL INFORMATION WHILE USING THE MIRAGE WIFI. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA (INCLUDING LOSS OF DATA OR DELAY OF TRANSMISSION) THAT RESULTS FROM YOUR ACCESS OR USE OF THE MIRAGE WIFI. WE DO NOT WARRANT THAT THE MIRAGE WIFI IS FREE OF DEFECTS, VIRUSES, MALFUNCTIONS, OR HARMFUL COMPONENTS THAT COULD DAMAGE OR ALLOW UNAUTHORIZED ACCESS TO YOUR COMPUTER, COMPUTER NETWORK, OR DATA. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY ANY INFORMATION ACCESSED AT OR THROUGH THE MIRAGE WIFI.
6. Limitation of Liability
NEITHER WE NOR OUR AFFILIATIES, SUBSIDIARIES OR OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING OR ARISING FROM THE USE OR THE INABILITY (INCLUDING INTERRUPTION, SUSPENSION, TERMINATION, SLOW SPEEDS OR DELAYS) TO USE THE MIRAGE WIFI, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN ANY EVENT, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE ACTUAL TOTAL COMPENSATION RECEIVED BY US FROM YOU TO ACCESS THE MIRAGE WIFI.
You agree to indemnify, hold harmless, and release us, our affiliates, our subsidiaries, and our respective officers, directors, shareholders, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, damages, costs and expenses, including, but not limited to, reasonable attorney's fees, arising from or related to your access, use, or misuse of THE MIRAGE WiFi.
Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Clark County, Nevada before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges or justices of any Nevada state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by the JAMS Comprehensive Arbitration Rules and Procedures), apply the laws of the State of Nevada without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of Nevada. The award of the arbitrator(s) shall be binding and final on all parties. Judgment on the award rendered may be entered in any court having jurisdiction. The arbitrators may not award any incidental, indirect, special, punitive or consequential damages, including, but not limited to, damages for lost profits. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of the Agreement, which shall remain in full force and effect. No waiver of any breach or default of the Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in the Agreement are for convenience only. We may at any time and for any reason in our sole discretion, and without any notice, modify or discontinue THE MIRAGE WiFi or this Agreement, or terminate or restrict your access to THE MIRAGE WiFi. We may, in our discretion and in addition to any other remedies available to us, and without notice, remove, block, filter or restrict any materials, sites, or information we deem to violate this Agreement.