You are attempting to access the ‘#Farber Open WiFi’ wireless network. Access to this network is governed by the Terms and Conditions below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING TO USE THIS WIRELESS NETWORK AND OUR INTERNET SERVICE (the “Service”).
The Service is provided by Farber (“we”) and its service providers. By using the Service, you agree that you have read, understand, and agree to be legally bound by the terms and conditions set forth herein (“Terms and Conditions”). If you do not agree to these Terms and Conditions, do not access or use the Service.
Use of the Service
You are solely responsible for all access to and use of the Service, including any breach of these Terms and Conditions, by you, any user of your device or password, or any user who in any way obtains access to the Service through you (all of whom shall be included in the terms “you” or “your” for the purposes of these Terms and Conditions).
Any violation of these Terms and Conditions may result in restrictions on your access to all or part of the Service and may be referred to law enforcement authorities. Farber shall, in its sole discretion, determine your compliance with these Terms and Conditions. Without prejudice to any other rights and remedies that Farber may have, Farber may suspend, cancel or block your access to or use of the Service at any time and for any reason, without liability or notice to you.
Certain security risks are inherent in the use of wireless systems such as the Service. Security risks include, without limitation, the interception of transmissions, loss of data, and the introduction of viruses, malware, or other programs, that can corrupt your data or damage your device.
In order for the Service to work with the widest variety of devices, you acknowledge that the Service does not provide any level of encryption (such as WEP, WPA, or other encryption or authentication mechanisms). Therefore, the privacy and security of transmissions over the Service cannot be guaranteed.
Accordingly, you agree that the owner and/or provider of this network is NOT liable for any interception or transmissions; infection by malware, virus, or the like; loss of data, or file corruption, hacking or damage to your device that may result from the transmission or download of information while using Service.
Use of this wireless network is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including heavy consumption of bandwidth, the network provider reserves the right to permanently disconnect the offending device from the wireless network.
Farber has no obligation to monitor the Service. However, Farber reserves the right to monitor the Service from time to time and to disclose any information necessary to satisfy any laws, regulations, or other governmental request; to operate the Service; or to protect itself or others.
Examples of Unacceptable Uses
You shall not do any of the following, or allow others to do any of the following:
- rent, lease, lend, sell, redistribute or sublicense the Service;
- use the Service for any purpose that is illegal or fraudulent, or that infringes the privacy, intellectual property or other rights of Farber or others;
- post, transmit or otherwise distribute libelous, defamatory, obscene, pornographic or abusive content;
- use the Service in a manner which would give rise to civil or criminal liability or is otherwise contrary to law or to Farber’s then-current policies;
- use the Service in a manner which would restrict or inhibit any other user from using or enjoying the Service or the Internet, including the transmission of spam, viruses or other harmful material;
- use the Service to access or facilitate access to computers, accounts, equipment, or networks by illegal or unauthorized means, or to circumvent security measures designed to prevent such access;
- use the Service to intercept or examine third party content (e.g., messages, communications, and files), while in transit, at rest, or during execution, without proper authorization;
- use the Service to advertise, transmit, or otherwise make available any software, product, or service whose use would violate or facilitate violation of these Terms and Conditions;
- use the Service for any purpose that uses excessive network capacity, including large file transfers and media sharing through peer-to-peer programs.
Farber and its third-party providers own all right, title, and interest in and to the Service, the content of which is protected by copyright, trademark, and other intellectual property laws. You may not use the name or any of the trademarks, logos, domain names, or other distinctive brand features of Farber or its third-party providers.
You are solely responsible for your use of the Service, for any content you provide through the Service, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Service.
All content transmitted on or via the Service is the sole responsibility of the originator. By using the Service, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate.
No Warranties or Conditions
THE SERVICE IS PROVIDED TO YOU STRICTLY “AS IS/AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
FARBER MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS USE, INCLUDING WITH RESPECT TO ITS SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY. THE SERVICE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. FARBER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability
FARBER IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OR LOSSES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE) REGARDLESS OF HOW SUCH CLAIM MAY BE BASED (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE), RESULTING FROM OR ARISING OUT OF THE SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY FAILURES, DEFECTS, ERRORS, OMISSIONS, INACCURACIES, OR INCOMPLETENESS THEREIN, REGARDLESS OF WHETHER FARBER HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY OF THE FOREGOING, OR ANY OTHER BREACH BY FARBER OR ITS SUPPLIERS OR AGENTS, OR ANY DISSATISFACTION WITH THE SERVICE, YOUR EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR ACCESS TO THE SERVICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FARBER SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE INTENDED TO PROVIDE ACCESS TO THE SERVICE, OR FOR ANY INTERCEPTION, INTERRUPTION, OR DISRUPTION OF SUCH ACCESS OR OF ANY COMMUNICATION USING THE SERVICE, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY FARBER OR A THIRD PARTY SERVICE PROVIDER. FARBER SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CONTENT, CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE PERFORMANCE OF THE SERVICE OR THE DELIVERY OF DATA AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SERVICE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THE SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THE SERVICE. FARBER WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY FARBER OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICE OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.
You agree to defend, indemnify, and hold harmless Farber, its licensors, and third party providers and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives, and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs, and expenses, including legal fees and expenses, arising out of or in connection with your use of the Service, your breach of these Terms and Conditions or your violation of any law or the rights of any third party with respect to or by using the Service. Farber reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Farber.
These Terms and Conditions and your use of the Service shall be construed, enforced, and governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Legal actions or proceedings related to or arising out of use of the Service may only be brought in the courts of the Province of Ontario within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.
No waiver of any of these Terms and Conditions shall be of any force or effect unless made in writing and executed by Farber. If any provision of these Terms and Conditions is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect.
Changes to the Terms and Conditions
We reserve the right to amend or revise these Terms and Conditions from time to time in any way, and each time you use the Service you are bound by the Terms and Conditions. By continuing to use the Service you are indicating your renewed agreement to be bound by the Terms and Conditions, as amended or revised.
Addressing Your Concerns
If you have questions or concerns about these Terms and Conditions, please contact us at:
- Email: email@example.com
- Telephone: +1 (416) 497-0150
or by writing to:
150 York St, Suite 1600
Toronto, ON M5H 3S5
Last updated September 17, 2019.