Wi-Fi Terms and Conditions

Please read the following information carefully before using this service. You may not use the service without accepting these Terms and Conditions.

Welcome to the wireless high-speed Internet access system ("Wi-Fi System") at FAIRWINDS CREDIT UNION ("Credit Union"). These Terms and Conditions of Use (“this Agreement”) govern your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System at the Credit Union.

Acceptance of Terms and Conditions of Use

BY CLICKING "CONNECT" ON THE WI-FI SYSTEM SIGN-UP PAGE, YOU REPRESENT THAT:

1. YOU HAVE READ, UNDERSTAND, AND AGREE TO THE TERMS OF THIS AGREEMENT, AND

2. YOU ARE AT LEAST 18 YEARS OF AGE.

If you do not agree to the terms of this Agreement, you may not use the Wi-Fi System. Your electronic acceptance of the Agreement by clicking "Login" on the sign-up page has the same effect as if you had actually signed this Agreement. The effective date of this Agreement is the date that you click "CONNECT."

Description of Wi-Fi System/Service Availability

The Credit Union will provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Enabled Locations may not be available in all areas of the Credit Union and may not always be operational.

Fee for Wi-Fi System

The Wi-Fi system at the Credit Union is provided free of charge. There may be data usage or other fees beyond our control owed by you to your mobile carrier associated with the use of the service. 

Access to Internet

The Credit Union does not screen or restrict access to any content placed on or accessible through the Internet but reserves the right to restrict content at any time. The Credit Union also does not screen or restrict communications between parties via the Internet but reserves the right to screen or restrict communications at any time. The Credit Union has no responsibility for the content of third-party websites and does not endorse or attest to the accuracy, security, privacy, or propriety of any information, products, or services located therein. You acknowledge that if you access the Internet, you may receive or be exposed to content, goods, or services that you consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. You agree the Credit Union is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System.  

The Wi-Fi System provides an unsecured wireless Internet connection. You understand that information you transmit via the Wi-Fi System may be viewed and accessed by third parties. You agree the Credit Union is not liable for damages caused by the interception or illegal use of information you transmit via the Wi-Fi System.

You are responsible for your privacy and security. While privacy and security are important to the Credit Union, you understand and agree that you shall have no expectation of privacy or security in your use of the Wi-Fi System. 

You agree you are connecting to, accessing websites, and transmitting information via the Wi-Fi System at your own risk. 

Your Responsibilities

You must (1) provide all equipment (including hardware and software, wireless network access, etc.) to connect to the Wi-Fi System, (2) comply with local, state, federal and international laws and regulations when using the Wi-Fi System, 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 available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. The Credit Union does not undertake the security of any data you send through the Wi-Fi System, and it is your responsibility to secure such data.

Acceptable Use of Wi-Fi System

The Credit Union does not actively monitor the use of the Wi-Fi System under normal circumstances; however, we reserve the right to monitor the Wi-Fi System at any time. You acknowledge and consent that we may, but are not required to, monitor your communications and activity while using this service. Similarly, we do not exercise editorial control or review the content of any Web site, electronic mail transmission, newsgroup, or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal or may subject the Credit Union to liability under this Agreement. The Credit Union may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this Agreement may result in the suspension or termination of your access to the Wi-Fi System.

You agree not to use the Wi-Fi System to engage in any unlawful, infringing, or tortious conduct which includes, but is not limited to:

(1) Transmit any material (by uploading, posting, email, or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable;

(2) Harm, or attempt to harm, minors in any way;

(3) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;

(4) Transmit any material (by uploading, posting, email, or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(5) Transmit any material (by uploading, posting, email, or otherwise) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(6) Transmit (by uploading, posting, email, or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(7) Transmit any material (by uploading, posting, email, or otherwise) that contains software viruses, spyware, poison pills, or any other destructive programming or computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(8) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

(9) Intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law, including, but not limited to, accessing or participating in illegal Internet gambling or pornography;

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

(11) Resell the Wi-Fi System without the Credit Union's authorization; or

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

You understand and agree that the Credit Union may disclose your communications and activities using the Wi-Fi System in response to lawful requests by governmental authorities, including Patriot Act requests and judicial orders.

Termination

You understand that your access to this the Wi-Fi System is solely at the discretion of the Credit Union. You agree that the Credit Union, at its sole discretion, may terminate this Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any or no reason, including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of termination for any reason, the Credit Union will have no liability to you.

Notice of Problems or Complaints

If you experience a problem accessing or using the Wi-Fi System, report the problem to a member of management at the Credit Union. 

Modifications

The Credit Union may, at its sole discretion, modify the terms and conditions of this Agreement at any time. Such modifications shall be binding and effective upon posting on the Wi-Fi System ‘Internet Access Signup’ page. You agree to periodically review the "Internet Access Signup" page to maintain awareness of any modifications. By continuing to use the Wi-Fi System after such postings, you accept and agree to any and all such modifications.

Indemnification

You shall defend, indemnify, and hold the Credit Union and its corporate affiliates and their respective officers, directors, 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 (including 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, including but not limited to: your failure to conform to the statutes, ordinances and other regulations and requirements of any governmental authority in connection with your performance of this Agreement; your gross negligence or willful action; any action or inaction by you in performing your obligations under this Agreement; or your breach of any term, condition, warranty, representation or any other portion of this Agreement.

No Warranty

THE WI-FI SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THE CREDIT UNION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CREDIT UNION MAKES NO EXPRESS WARRANTIES, AND THE CUSTOMER WAIVES ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE CREDIT UNION 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 THE CREDIT UNION DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY THE CREDIT UNION OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

THE CREDIT UNION, ITS EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE WI-FI SYSTEM OR THE INTERNET, SPECIFICALLY INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Independent Parties

Neither the execution of this Agreement nor your use of the Wi-Fi System are intended to be or create any partnership, agency relationship, joint venture or other joint enterprise between the parties, or create any express, implied or constructive trust or other fiduciary relationship you and the Credit Union.

Governing Law, Venue, Attorney’s Fees 

This Agreement will be governed by and construed under the laws of the State of Florida.  Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts of Orange County, Florida, and waives any jurisdictional venue or inconvenient forum objections to such courts. If legal action is necessary to enforce this Agreement, the prevailing party has the right, subject to applicable law, to payment by the other party of all attorney's fees and costs, including fees on any appeal and any post-judgment collection actions.

Waiver 

Any failure by the Credit Union to enforce any of its rights under this Agreement or applicable laws shall not constitute a waiver of such right.

Severability 

In the event that any paragraph of this Agreement or portion thereof is held by a court to be invalid or unenforceable for any reason, the other paragraphs and portions of this Agreement shall not be invalid or unenforceable and will continue in full force and effect.

Foreign Export 

United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this site to or from any countries or foreign nationals in violation of such laws or regulations.

Questions 

If you have any questions or comments, please contact us at the Credit Union at 800.443.6887.