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Flatiron NoMad Partnership Business Improvement District (BID) WiFi Terms Of Use

The Flatiron NoMad Partnership DBA the Flatiron/23rd Street Partnership Business Improvement District (BID) is pleased to provide WiFi to you in accordance with the following Terms of Use (“Terms”). These terms and policies may be changed from time to time, therefore it is suggested that you read the terms of use each time you log on to Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi. By clicking the acceptance/continue button below, you acknowledge that you have read and agree to these Terms, which are legally binding. As with other Flatiron/23rd Street Partnership Business Improvement District (BID) services, you are permitted to use Flatiron/23rd Street Partnership Business Improvement District (BID)WiFi only for lawful purposes. Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi, is intended for use by persons 18 years or older or with permission and supervision of a parent or guardian.

Performance of Flatiron/23rd Street Partnership Business Improvement District (BID)WiFi

In order to use Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi, you must have a WiFi- capable device that (a) meets U.S. and other applicable technical standards; (b) is compatible with Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi; (c) renders web pages in a standard HTML browser application; (d) runs the IP protocol; and (e) is configured to obtain web addresses automatically. The WiFi device must be in close enough proximity to Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi wireless access points to achieve connectivity with the Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi network.

It is understood that Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi is subject to external interferences, environmental influences, and other factors and variables beyond our reasonable control. Performance and availability may vary, including but not limited to or affected by, (a) transmission and download speed and accuracy; (b) network congestion; (c) performance, configuration, and functionality of your WiFi devices and wireless cards (including, but not limited to memory, storage and other limitations; (d) physical obstructions and distances between your WiFi device and the Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi network; (e) availability of electric power; (f) collocation failures; (g) transmission and equipment limitations, failures, maintenance or repair; and (h) user error. Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi may also be interrupted, refused, limited or curtailed for these reasons. Flatiron/23rd Street Partnership Business Improvement District (BID)is not responsible for data lost or misdirected due to these and other foreseeable and unforeseeable factors. Actual network speed and other performance will vary.

In order to maintain acceptable levels of service for all Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi customers and to improve this service, we reserve the right to make such adjustments to the use of such services as necessary to maximize the benefit and enjoyment for all Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi users. Service may be suspended or terminated for any reason or for no reason. There is no right created to use this WiFi service. No WiFi provider can offer absolute privacy while on the internet and transactions may be monitored for your protection against illegal or fraudulent acts.

Service Subject To Interception and Unauthorized Use

As with all WiFi systems, communications over the Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi network may be subject to interception by unauthorized third parties. Although Flatiron/23rd Street Partnership Business Improvement District (BID) uses reasonable efforts to provide you with a reliable service, your use of Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi is AS IS and AS AVAILABLE and we cannot and do not make any general or specific warranties regarding the security, availability, performance or other functionality of Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi. You are responsible for implementing your own security protections while using Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi. In the event you become aware of any unauthorized use of Flatiron/23rd Street Partnership Business Improvement District (BID)WiFi or any other breach, you agree to immediately notify us. Flatiron/23rd Street Partnership Business Improvement District (BID) expressly disclaims any responsibility or liability for your use of Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi and for any lack of security that may result from your use of Flatiron/23rd Street Partnership Business Improvement District (BID)WiFi. You agree to hold Flatiron/23rd Street Partnership Business Improvement District (BID) harmless for the loss of any file, data or other information while using the Service, and for any unauthorized access to or utilization by any third party of any of your personal, financial, or other sensitive information.

Changes to Flatiron/23rd Street Partnership Business Improvement District (BID)WiFi and these Terms of Use

You agree that Flatiron/23rd Street Partnership Business Improvement District (BID) may for any reason, and without notice to you, modify or terminate Flatiron/23rd Street Partnership Business Improvement District (BID) WiFi and these Terms of Use without liability to you, any user or any third party. We urge you to review these Terms of Use periodically so that you will be aware of any modifications.

Effective 8-3-11