Public WiFi Policy
Last Updated: 7/2/2019
***THIS WIFI POLICY IS AN AGREEMENT THAT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION***
This is a legal agreement (“Agreement”) of the terms and conditions between you and Dynamo Stadium, LLC (the “Club”) governing your access to and use of the wireless internet service (the “Service”) that the Club provides to ticket holders and other guests of the Club who agree to this Agreement and utilize the Service provided (“Users”). If you do not agree to this Agreement, you may not use or access the Service. For purposes of your using the Service, the Club assumes (and by using the Service you warrant) that either you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity or are otherwise entitled to be legally bound in contract), or that your parent or guardian has consented to your use of the Service and accepted this Agreement.
You are agreeing to this Agreement in consideration of your use and access to the Service and other good and valuable consideration (the receipt and sufficiency of which are acknowledged), for the benefit of the Club and all of its affiliates and service providers (the “Club Parties”). As used in this Agreement, the term “Club” includes the Club Parties unless the context otherwise requires.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
- NO EXPECTATION OF PRIVACY; YOUR RESPONSIBILITY FOR SECURITY AND PRIVACY
You acknowledge and agree that you have, and shall have, no expectation of privacy or security in your use of the Service. You acknowledge that the Club makes no assurance that your communications or activities are private or secure, and you agree that the Club assumes no responsibility in that regard. You also agree that you are solely responsible for your own privacy and security when using the Service, and for implementing any protections you deem appropriate to protect and secure your privacy, activities, hardware, software and systems.
The Club disclaims all liability and responsibility for any virus, spyware, or other malicious code or program that gains access to your device over the Service or any damage resulting therefrom. You are solely responsible for taking measures to prevent infection of your device from viruses and spyware. These measures include, but are not limited to, installing and maintaining on your device up to date anti-virus and anti-spyware software and other relevant safeguards that protect against malicious code and programs. If your device is infected with a virus that may harm or disrupt the performance of the Service, our network and information systems, or third party devices, we may immediately stop or suspend your access to the Service without notifying you.
- CONSENT TO MONITORING
THE CLUB RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT THE CLUB MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THE SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THE SERVICE, AND MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, COOPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING THE CLUB’S RIGHTS, PROPERTY AND INTERESTS.
- AUTHORIZED USE
You agree that you are authorized to use the Service solely while you are a guest of the Club at BBVA Stadium, or other location as determined by the Club (collectively, the “Stadium”), subject to the terms and conditions of this Agreement. By accepting this Agreement, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your use of the Service, any portion of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service.
- USAGE LIMITATIONS
Given the limited bandwidth available at the Stadium, the Service may be inappropriate and unavailable for certain content, including but not limited to video downloads, application downloads, software updates, “in-bound” or “outbound” streaming media, downloads of any long-form media, or any other activities that involve use of the Service which the Club deems, in its sole discretion, excessive.
- USER RESPONSIBILITIES AND PROHIBITED CONDUCT
You agree that you are fully responsible for your activities while using the Service (including for any content, information and other materials you access or transmit via the Service), and that you shall bear all risks regarding use of the Service. You agree not to use the Service to engage in any prohibited conduct. Prohibited conduct is any conduct that is unlawful, infringing, tortuous, offensive or otherwise harmful (or puts at risk) the Club or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property. By way of illustration and not limitation, prohibited conduct includes using the Service, as determined by the Club or Major League Soccer, LLC (“MLS”) in their sole discretion, to: (1) violate the security or integrity of, or gain unauthorized access to, the Service or any other network, service, site or system; (2) intercept or interfere with any communication; (3) impose an unreasonable or disproportionately large load on any systems or infrastructure; (4) send “spam”, chain letters, or other unsolicited communications to any party; (5) create a “mail drop” for such communications, or engage or permit e-mail relay service; (6) impersonate any other party, falsely stating or misrepresenting your identity or affiliation in any way, or forge, delete or alter any header or other sender identification information; (7) commit any crime or fraud; (8) harass, or threaten any party; advocate or otherwise encourage violence, or provide instruction, information, or assistance in causing or carrying out violence; (9) disseminate viruses, Trojan horses, or other code or programming intended to or actually causing damage, interference with, interception or expropriation of any system, data or personal information; (10) send or receive any material that could be considered harmful, obscene, sexually explicit, vulgar, indecent, lewd, racist, criminal, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful, inappropriate or otherwise objectionable; (11) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (12) send or receive material containing defamatory, false, or libelous material; (13) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (14) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (15) engage in any conduct that would expose the Club or its service providers to negative publicity or civil or criminal liability; or (16) knowingly or unknowingly assist others in engaging in any prohibited conduct. This list of prohibited conduct is not exhaustive.
- RIGHT TO TERMINATE ACCESS; CONSEQUENCES OF UNAUTHORIZED USE
You acknowledge and agree that the Club has no obligation to provide the Service, and may terminate the Service at any time for any reason or no reason. Without limiting any other available right or remedy, the Club reserves the right to, and you agree that the Club shall have the right, to: (1) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (2) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the Service. You agree that you will be liable to the Club for any damages incurred or amounts that are required to be paid by the Club that arise out of or are related to your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys’ fees and costs of enforcement.
- REGISTRATION/CUSTOMER INFORMATION/PASSWORD SECURITY
Any information that you provide to the Club must be accurate, including your name, email address, physical address or any other personally sensitive data (“Personal Information”). You are responsible for keeping such information up-to-date and must provide changes promptly to the Club. You agree to keep confidential any login credentials and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur using your login credentials or your device. You agree to immediately notify the Club if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your login credentials.
- THIRD PARTY CONTENT DISCLAIMER/ LINKS TO THIRD PARTY SITES
The Club does not provide, sell, license, or lease any materials other than those specifically identified as being provided by the Club. The Service may be linked to other websites which are not under the control of and are not maintained by the Club. The Club is not responsible for the content of those sites. The Club is providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by the Club of those sites.
- RESPECTING INTELLECTUAL PROPERTY RIGHTS
This Agreement does not provide you with any rights in or to the intellectual property of the Club, MLS or Soccer United Marketing, LLC (“SUM”). Intellectual property includes, but is not limited to, patents, trademarks, copyrights, domain names, Internet Protocol addresses and all intellectual property and other proprietary rights or interests in and to the foregoing. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through the Club’s site(s) or service(s). In addition, the Service may not be used to transmit or otherwise distribute any streaming content of any game or event related activities (in whole or in part) (the “Streaming Content”) to any commercial enterprise, and/or for any public performance or display of such event or event-related activities. You agree to grant the Club, MLS and SUM a worldwide, sub-licensable, license to all copyrights associated with the Streaming Content.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, “Information”), the Information shall be deemed, and shall remain, the property of the Club. None of the Information shall be subject to any obligation of confidence on the part of the Club and the Club shall not be liable for any use or disclosure of any Information. The Club shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall been titled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
- WARRANTY DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED AS A CONVENIENCE ON AN “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CLUB DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (1) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS; OR (2) THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF THE CLUB IS ON NOTICE OF SUCH PROBLEMS’ EXISTENCE. YOU AGREE THAT THERE ARE NO WARRANTIES BEYOND THOSE DESCRIBED IN THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY THE CLUB OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk for your use of the Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. The Club may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND ON THE CLUB, MLS OR SUM, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE; EVEN IF THE CLUB, MLS OR SUM IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE CLUB, MLS OR SUM ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE LESSER OF ANY AMOUNTS YOU PAID FOR THE SERVICE OR FIFTY DOLLARS ($50). YOU AGREE THAT THE LIMITATIONS DESCRIBED HEREIN SHALL BE DEEMED TO APPLY TO ALL CLAIMS; CAUSES OF ACTION; AND LEGAL THEORIES, WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTS, OR ANY OTHER CAUSE OF ACTION.
You agree to indemnify, defend, and hold harmless the Club, MLS, SUM and their subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of the Service. The Club reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with the Club in asserting any available defenses.
- CHOICE OF LAW
This Agreement and the rights of the parties hereunder will be governed by and construed in accordance with the Laws of the State of Texas, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16).
- DISPUTE RESOLUTION
·Binding Mutual Arbitration. Any dispute, claim or controversy in connection with, arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in Houston, Texas before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. YOU AGREE THAT ANY DISPUTE YOU BRING THAT ARISES FROM OR RELATES TO THE SERVICE MUST BE INITIATED WITHIN ONE YEAR FROM THE RELEVANT DATE OF YOUR ACCESS TO THE SERVICE, AND THAT NO DISPUTE MAY BE BROUGHT AFTER THAT TIME.
·Conduct of Arbitration. The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
·Costs. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the parties, and may award attorneys’ fees.
·Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
·Arbitration is on an Individual Basis Only; Class Action Waiver. The parties agree to arbitrate solely on an individual basis, and that this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his or her own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.
- TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT
You agree that the Club may, at any time and for any reason, change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. The Club also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that the Club may do so. Your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement constitutes the entire agreement between you and the Club regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and the Club regarding its subject matter. You agree that any notices given by you to the Club must be given by postal mail to the Houston Dynamo, 1001 Avenida de las Americas, Ste. 200, Houston, TX 77010, Attn: General Counsel.