St. Joseph’s/Candler Health System Guest Wi-Fi Terms of Use

You are about to access the internet through the St. Joseph’s/Candler Health System (“SJ/C”) Guest wireless (“Wi-Fi”) internet access (the "Service").  The Service is provided solely for the use of guests, patients, patient’s families, and patient’s guests (“Guest,” “User,” “You,” or “Your”) of St. Joseph’s/Candler Health System.  You may use the Service only if You agree to the following terms of use (“Terms of Use”):

1. Terms & Conditions of Service.  By accessing and using the Service, You agree to be bound by these Terms of Use and further agree that these Terms of Use constitute a binding agreement between You and SJ/C. 

    

2. Personal Use Only.  You may use the Service for the sole purpose of accessing the internet and certain online services as described herein.  SJ/C will give You an IP address each time You access the Service and it may change.  You may not use the Service for any other reason, including reselling any aspect of the Service. Other examples of improper activities include, without limitation:

    

   1. Modifying, adapting, translating, or reverse engineering any portion of the Service;

       

   2. Attempting to break security, access, tamper with or use any unauthorized areas of the Service;

       

   3. Attempting to collect or maintain any information about other users of the Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;

       

   4. Creating or transmitting unwanted electronic communications such as “spam,” or bulk commercial messages to other users or otherwise interfering with other user’s enjoyment of the Service;

       

   5. Engaging in any activity that infringes or misappropriates the intellectual property, publicity, privacy or other proprietary rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party, or that is defamatory, objectionable, unlawful or promotes or encourages illegal activity;

       

   6. The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders;

       

   7. Distribution of any internet viruses, worms, pinging, flooding, mail bombing, denial of service attacks, defects, Trojan horses or other items of a destructive nature;

       

   8. Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including but not limited to port scans, stealth scans or other information gathering activity; or

       

   9. Using the Service for any unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable purpose as determined by SJ/C in its sole discretion.

       

3. Changes in Terms of Use and Service; Termination.  We reserve the right to modify the Service and these Terms of Use and any accompanying policies, for any reason, and without notice, including the right to terminate the Service with or without notice.  SJ/C reserves the right to terminate Your access to the Service immediately and without notice at its sole discretion.  Upon any such termination, any and all rights granted by SJ/C to You shall terminate.

    

4. Privacy.  We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our Service, and to access, provide, and disclose Your demographic account information and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect our rights, users or property). 

    

5. Your Responsibilities.  You understand that the Service, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. We will not be liable to You or any other party for any lack of security that may result from Your use of Service. You agree that You are responsible for providing security measures that are suited for Your intended use of the Service. For example, You shall take full responsibility for taking adequate measures for safeguarding Your data from loss.  Also, other than the Wi-Fi signal provided by SJ/C, You must provide all equipment, technology and software to use Service.

    

6. DISCLAIMER OF WARRANTIES.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    

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

       

   2. SJ/C MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

       

   3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

       

   4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SJ/C OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

       

7. LIMITATION OF LIABILITY.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT SJ/C, ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY CAUSE WHATSOEVER WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE.

    

8. Indemnity.  You agree to indemnify and hold SJ/C, its affiliates and subsidiaries and their respective officers, directors, employees, agents, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of information You submit, post, transmit or make available through our Service, Your use of the Service, Your connection to the Service, Your violation of these Terms of Use, or Your violation of any rights of another. 

    

9. Dispute Resolution.  You agree that all disputes arising out of or related to these Terms of Use or Your use of the Service shall be construed, governed and enforced under the laws of the United States and the State of Georgia (without regard to rules governing conflict of laws).  By using the Service, You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Savannah, Georgia for all disputes arising out of or relating to the use of the Service.

    

10. Severability.  If any term herein is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

     

11. Waiver.  No waiver of any breach of a provision of these terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.

     

12. Electronic Agreement and Counterparts.  You agree that all agreements and transactions between You and SJ/C can be conducted electronically.  These Terms of Use apply to You and anyone who uses the Service from Your device or other equipment.   You acknowledge that You have read and understood, and You agree to, each of the provisions in these Terms of Use, and You represent and warrant that You are of legal age and authorized to enter a binding agreement and to accept and agree to become bound by the terms of this document.  These Terms of Use constitute the entire agreement between the parties and supersede and replace all prior understandings or agreements, written or oral, regarding the Service. You may print a paper copy of these Terms of Use to retain for Your records.