Terms Of Use

Oct 5, 2006

Disclaimer of Warranties


openwifinyc.com SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL,
FINANCIAL, LEGAL OR OTHERWISE. openwifinyc.com AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION,
SERVICES OR OTHER MATERIAL ON OUR SITES.

YOUR USE OF openwifinyc.com SERVICES IS AT YOUR SOLE RISK. openwifinyc.com SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. openwifinyc.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

openwifi.com MAKES NO REPRESENTATION OR WARRANTY THAT openwifinyc.com SERVICES WILL MEET YOUR REQUIREMENTS, THAT openwifinyc.com SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH openwifinyc.com SERVICES WILL MEET YOUR NEEDS.

ANY MATERIAL OBTAINED THROUGH THE USE OF openwifinyc.com SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE openwifinyc.com SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.


Limitation of Liability


YOU UNDERSTAND AND AGREE THAT openwifinyc.com, ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF
SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:

* THE USE OF, OR THE INABILITY TO USE, openwifinyc.com SERVICES;
* THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES;
* UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
* THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES;
* RELIANCE ON CONTENT OR POSTINGS ON ANY SITES; OR
* ANY OTHER MATTER RELATING TO OUR SITES OR openwifinyc.com SERVICES.

THESE LIMITATIONS WILL APPLY WHETHER OR NOT openwifinyc.comM OR AND SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


Indemnification


You agree to indemnify openwifinyc.com and its subsidiaries and affiliates, and their officers, directors, employees and agents, representatives, information providers and licensors and to hold them harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind arising, directly or indirectly.

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