Heifer International (“Heifer”, “we”, “our” or “us”) is an international charitable organization. By using our Wireless Access (“Wi-Fi”), you agree to the following terms and conditions, which are a binding agreement between you and Heifer (“Agreement”). You must be at least 18 years old to use Wi-Fi. If you are at least 13, but not yet 18, you may use Wi-Fi if you have your parents’/guardians’ prior permission. No one under 13 may use Wi-Fi. By accepting this Agreement you represent you are at least 18, or that you are at least 13 and have your parents’/guardians’ permission to access Wi-Fi.
You may use Wi-Fi only as described herein, and must notify us of any security breach or unauthorized use of Wi-Fi. You may not use Wi-Fi for any improper purpose, including but not limited to (1) modifying, adapting, translating, or reverse engineering any portion of Wi-Fi, (2) attempting to break security, access, or use unauthorized areas of Wi-Fi, (3) attempting to collect or maintain information about other Wi-Fi users, (4) creating or transmitting unwanted electronic communications, or interfering with other user’s Wi-Fi enjoyment, (5) engaging in activity that infringes or misappropriates the intellectual property, publicity, privacy, or other proprietary rights of others, (6) engaging in activity that is defamatory, objectionable, unlawful, or promotes or encourages illegal activity, (7) transferring technology, software, or other materials in violation of applicable export laws/regulations, (8) engaging in or distributing viruses, worms, or other destructive items; (9) accessing or attempting to access illegally, or without authorization, computers, accounts, or networks belonging to others, and/or (10) using Wi-Fi for any unlawful, harassing, abusive, criminal, or fraudulent purpose.
We may modify or terminate Wi-Fi, this Agreement, and/or any accompanying policies, in our sole and absolute discretion, for any reason, without notice. Please review this Agreement from time to time so you are aware of changes. Upon termination, all rights and privileges granted by Heifer shall immediately terminate. We may monitor, intercept and disclose any transmissions over or using Wi-Fi, and provide user information, or use records and other related information, under certain circumstances (e.g., in response to lawful process, or to protect our rights, users, or property). We may access, preserve, and disclose your personal information if required by law, or if we believe such actions necessary to comply with legal process or protect the rights and property of Heifer or the public.
You understand Wi-Fi utilizes wireless technologies and is not inherently secure, and that wireless communications can be intercepted. We are not liable to you or any other party for any lack of security that may result from your use of Wi-Fi. You agree you are responsible for providing security measures suited for your intended use of Wi-Fi. WI-FI IS PROVIDED "AS IS", AND YOUR USE THEREOF IS AT YOUR OWN RISK. HEIFER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HEIFER DOES NOT WARRANT WI-FI WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
UNDER NO CIRCUMSTANCES SHALL HEIFER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH WI-FI, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS, REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE.
You agree to hold harmless and indemnify Heifer and its directors, officers, employees, volunteers, agents, suppliers, and licensors from and against any third party claim arising from or in any way related to your use of Wi-Fi, including any liability or expense arising from all claims, losses, actual and consequential damages, suits, judgments, litigation costs and attorneys' fees, of every kind.
Wi-Fi and any firmware or software used to provide Wi-Fi or provided to you in conjunction therewith are protected by intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively “marks”) of Heifer are and shall remain our exclusive property, and nothing herein grants you the right or license to use such marks. Other than private text and e-mail messages, all of the content you see, hear or otherwise experience through Wi-Fi are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by us or third parties. In operating Wi-Fi, we may act as a “services provider” as defined in the Digital Millennium Copyright Act (“DMCA”). If you believe material available via Wi-Fi infringes a copyright, please notify us and we will respond appropriately, in accordance with applicable DMCA requirements.
This Agreement is governed by and construed in accordance with the laws of the State of Arkansas. If a court of competent jurisdiction finds any portion of this Agreement unenforceable, the remainder shall continue in full force and effect. This Agreement constitutes the entire agreement between you and Heifer with regard to the subject matter hereof, and supersedes and replaces all prior understandings or agreements, written or oral. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Heifer.
