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Terms & Conditions

Introduction

By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of WindRiver’s Privacy Policy’s.

License to Use Website

Unless otherwise stated, WR Development Corporation and or its subsidiaries or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website including republication on another website;
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution).

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without WR Development Corporation or WindRiver’s express written consent.

You must not use this website for any purposes related to marketing without WindRiver’s express written consent.

Restricted Access

Access to certain areas of this website is restricted.  WindRiver’s reserves the right to restrict access to areas of this website at WindRiver’s discretion.

If WindRiver provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

WindRiver may disable your user ID and password in WindRiver’s sole discretion without notice or explanation.

User Content

You grant to WindRiver a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to WindRiver the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or WindRiver or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

WindRiver reserves the right to edit or remove any material submitted to this website, or stored on WindRiver’s servers, or hosted or published upon this website.

No Warranties

This website is provided “as is” without any representations or warranties, express or implied.  WindRiver makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, WindRiver does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of Liability

WindRiver will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if WindRiver has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit WindRiver’s liability in respect of any:

  • death or personal injury caused by WindRiver’s negligence;
  • fraud or fraudulent misrepresentation on the part of WindRiver; or
  • matter which it would be illegal or unlawful for WindRiver to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, WindRiver has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against WindRiver’s owners, officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect WindRiver’s owners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as WindRiver.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify WindRiver and undertake to keep WindRiver indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WindRiver to a third party in settlement of a claim or dispute on the advice of WindRiver’s legal advisers) incurred or suffered by WindRiver arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of These Terms and Conditions

Without prejudice to WindRiver’s other rights under these terms and conditions, if you breach these terms and conditions in any way, WindRiver may take such action as WindRiver deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

WindRiver may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

WindRiver may transfer, sub-contract or otherwise deal with WindRiver’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These terms and conditions constitute the entire agreement between you and WindRiver in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with Tennessee Law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Tennessee.

Registrations and Authorisations

WindRiver is registered with [TRADE REGISTER].  You can find the online version of the register at [URL].  [NAME’S] registration number is [NUMBER].]

[WindRiver is subject to [AUTHORISATION SCHEME], which is supervised by [SUPERVISORY AUTHORITY].]

Windriver Details

The full name of WindRiver is WR Development Corporation.

WR Development Corporation address is 350 Lighthouse Pointe Dr., Lenoir City Tennessee.

You can contact WindRiver by email to info@windriverliving.com.

Guest Wi-Fi and Internet Access Terms and Conditions

This agreement sets out the terms and conditions on which wireless internet access is provided to you.

  1. Extent of the Service

1.1 We have no responsibility for, or control over, the Internet Services you access and do not guarantee that any services are error or virus free.

1.2 We have no responsibility for, or control over, the information you transmit or receive via this connection.

1.3 Save for the purposes of network diagnostics we do not examine the use to which you put the connection or the nature of the information you send or receive.1

1.4 We do not guarantee:

1.4.1 the availability of the connection;

1.4.2 the speed at which information may be transmitted or received via the

connection; or

1.4.3 that the connection will be compatible with your equipment or any software which you use.

1.5 We take reasonable steps to ensure the security of the connection and to prevent

unlawful access to information transmitted or received. We do not guarantee the security

of the information which you may transmit or receive using the connection or located on

any equipment utilizing the connection and you accept that it is your responsibility to

protect your information and have adequate security (in terms of equipment and

procedures) to ensure the security, integrity and confidentiality of your information and data.

1.6 We reserve the right at all times to withdraw the connection, change the specifications or manner of use of the connection, to change access codes, usernames, passwords or other security information necessary to access the connection.

  1. Your Use of the Connection

2.1 You must not use the connection to access Internet Services, or send or receive e-mails, which:

2.1.1 are defamatory, threatening, intimidator or which could be classed as harassment;

2.1.2 contain obscene, profane or abusive language or material;

2.1.3 contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);

2.1.4 contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;

2.1.5 contain material which infringe third party’s rights (including intellectual property rights); Civil and criminal liability can arise from monitoring content or interception of e-mails and extreme care should be taken to ensure that this does not happen.

2.1.6 in our reasonable opinion may adversely affect the manner in which we carry out our business; or

2.1.7 are otherwise unlawful or inappropriate;

2.2 Music, video, pictures, text and other content on the internet are copyright works and you should not download, alter, e-mail or otherwise use such content unless certain that the owner of such works has authorized its use by you.

2.3 We may terminate or temporarily suspend the connection if we reasonably believe that you are in breach of any provisions of this agreement including but not limited to clauses

2.1 to 2.3 above.

2.4 We recommend that you do not use the connection to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk.

2.5 The connection is intended for guest use only. In the event that you use the connection for commercial purposes we would specifically refer you to clause 5.2 below.

  1. Criminal Activity

3.1 You must not use the connection to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United Kingdom or in any state throughout the world.

3.2 You agree and acknowledge that we may be required to provide assistance and information to law enforcement, governmental agencies and other authorities.

3.3 You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the connection, the times when they have accessed the connection and the activity associated with that IP address

3.4 You further agree we are entitled to co-operate with law enforcement authorities and rights-holders in the investigation of any suspected or alleged illegal activity by you which may include, but is not limited to, disclosure of such information as we have (whether pursuant to clause 3.3 or otherwise), and are entitled to provide by law, to law enforcement authorities or rights-holders.

Our Use of your Information

3.5 Subject to clauses 3.3 and 3.4 above we confirm that we shall use the contact details you provide to us solely for the purposes of contacting you with marketing information, updates, promotions and special offers relating to our business.

  1. Other Terms

 It is important to ensure that this clause is complied with (or amended depending on how the data is used) and Data you collect is processed in accordance with the Data Protection Act and any mailings comply with the Privacy and Electronic Communications (EC Directive) Regulations 2003

4.1 You agree to compensate us fully for any claims or legal action made or threatened against us by someone else because you have used the connection in breach of these terms and conditions, and in particular clause 2.1 to 2.3 and 3.1 above.

4.2 Whilst we do not seek to limit our responsibility for fraudulent misrepresentation or if you are injured or die as a result of our negligence we have no responsibility (to the extent permitted by law) to compensate you (whether or not we are negligent) for any direct financial loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, data, use, business, wasted expenditure, business interruption, loss arising from disclosure of confidential information, loss arising from or in connection with use of the service or inability to use or access the connection or a failure, suspension or withdrawal of all or part of the connection at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether we were advised in advance of the possibility of such loss or damage.

4.3 We agree that neither this agreement does not allow either party to act as, or hold themselves out as, acting as an agent of the other party and that that the terms of this agreement is not enforceable by a third party under the Contracts (Rights of Third Parties) Act 1999.

5 Wireless Terms of Use & User License Agreement/Disclaimer

We offer public wireless Wi-Fi internet access services (the Service) to its guests (Guest or User or You or Your). This Service allows You to access the internet by connecting a wireless enabled device to Our network resources. Guests seeking to use Our network must first agree to the following terms of use (Terms of Use):

5.1 When and as available, we will allow You non-exclusive Wi-Fi connectivity while on Our premises. However, we do not guarantee You an internet connection; the bandwidth provided shall be at our sole discretion and Your usage may be terminated by Us at any time without further notice.

5.2 While we may agree to troubleshoot any connectivity problems on our network, we will not provide technical assistance for any devices not owned by Us. Any assistance you might receive from us is strictly on an as is basis, without any warranties or representations.

5.3 The Services may be used for lawful purposes only. Internet access through Our Wi-Fi Service is filtered, may be monitored, and We may block or restrict access to certain websites based upon Our security policies in place from time to time. Any content deemed illegal, inappropriate or unethical, including but not limited to content considered by Us to be copyrighted, protected by trade secret regulation, threatening, defamatory, pornographic, illegal or terrorist in nature, may be blocked. Use of Our Wi-Fi Services for activities deemed by Us to be illegal may be recorded, traced and turned over to the appropriate local, state or federal law enforcement authorities. However, this right to monitor in no way creates an obligation or duty on Our part to monitor Your access and Your access to any content through Our Service in no way implies or warrants the content is either legal or appropriate.

5.4 From time to time We may monitor the exchange of content through a Guests wireless access device as part of an investigation regarding the content and/or activities of internet usage (in search of hackers, those gaining illegal access to computer systems, and for network management). If pursuant to any such investigation We are granted or obtain access to any Guest device or content, We will limit Our access and use solely to conduct such investigation and We will take all necessary and reasonable steps to treat all such accessed content as confidential and will protect it from improper disclosure to any third-party or entity, using the same level of care to prevent disclosure or unauthorized use as We exercise in protecting Our own information of a similar nature.

5.5 When using Our Service, you are giving consent to the use of cookies. Upon logging into Our Service, you may provide some personal information, such as e-mail address. By providing this information You consent to allowing Us to periodically send to You e-mails about Our company, products and services. We will never sell or otherwise share Your e-mail address with non-affiliated companies.

5.6 Using Our Service, you may download and upload content to and from Your wireless access device. Be advised that content sent to and from a wireless access device using Our Wi-Fi connection can be captured by anyone with appropriate technical knowledge. Although We incorporate wireless encryption technology into our Service, use of Our Service is at Your sole risk. We are not responsible for Your content whether it is personal and/or corporate in nature, and You assume sole responsibility for any theft, loss or corruption of Your device or content.

5.7 We are not responsible for any loss of or damage to, your software and/or hardware, changes in configuration settings, security or data files while using Our Wi-Fi Services. We are not responsible for any virus, Trojans, worms, malware or any other malicious software infecting Your wireless access device while connected to our Wi-Fi network. We are not responsible for any power anomalies or other events that may cause damage to Your wireless access devices while using our Services.

5.8 Your access to other devices on Our private network such as printers, copiers, fax machines, scanners, etc., is strictly prohibited.

5.9 By agreeing to these terms of use you expressly understand that we may monitor all traffic in and out of our gateway and therefore may gain access to and/or gain knowledge of content transmitted to or by you while connected to our services. Our Wi-Fi services are provided - as is - we disclaim all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. You agree to indemnify and hold us harmless from any claims resulting from your use of our Wi-Fi services. In no event will we be liable to you or any third party for any direct, indirect, special, incidental or consequential damages (including, without limitation, damages for loss of business/profits, data, hardware, or good will) arising out of the use of or inability to connect to the internet, even if we have been advised of the possibility of such damages.

6 Your Data

6.1 Once you have logged in you are signing up for our news and offers we will send you an email that contains a link so you can remove your email from our information at any point.

We collect information when you sign-in and connect to the Wi-Fi these include email, first name, last name, mac address of the device, time and the assigned IP address. As well as any extra questions that may have been asked when you connect.

For further information on the data we collect and how it is used, please see our Privacy Policy.

7 Privacy Policy

Privacy Policy 2018

Submitted Information

The information you provide when you login, such as social media account or details provided on the login form. Additional Information

We may collect information on the websites you visit. We do not collect any information used to make financial transactions.

Device Information

Information about the device (mobile phone, tablet, laptop etc.) you are using.

Location Information

If Location is enabled, we collect information on where in the venue you have been.

Network Information

We may collect information from your device on the IP addresses, internet service providers, browser type, language, viewed and exit pages, and date and time stamps.

Cookies

We may use Cookies like a website would; to enable us to distinguish you from other users.

How we store your data

Data is stored on our own secure servers in accordance with local regulations. If you do not login in to a location for more than 24 months, all personally identifiable data we store about you is deleted.

How your data is used

Your data may be used to understand how you use a particular venue, to communicate with your or to offer you relevant goods and services.

Who may use your data

Your data may be used by the owner of the venue you visited or selected third parties.

Your data may also be provided to regulatory bodies where we are under a legal obligation to do this, to protect our own rights or if we feel someone's safety is at risk.

Accessing your own data

When you sign-up for news or special offers we send you an email to update your preferences.

You can request to be removed at any time using the link here. Also you have the right to be forgotten and can remove all data we store on you on this system here.

I confirm that I accept these terms and conditions as the basis of my use of the wireless internet access provided.

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