Terms of Use | Third Path Technology Group

Third Path Technology Group LLC (“Third Path Technology Group”) is pleased to provide our guests with complimentary Wi-Fi access, enabling you to connect to the Internet wirelessly in our locations where we have wireless coverage (the “Service”). Third Path Technology Group does not promise or represent wireless coverage will always be available in all its locations. The Service is complimentary for our guests, and the availability of the Service is at the discretion of Third Path Technology Group. Before you can use the Service, you must read and click-to-agree to these Wi-Fi Terms of Service (the “Terms”).

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “CONNECT,” AND YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE.

IF YOU CLICK “CONNECT,” YOU REPRESENT TO THIRD PATH TECHNOLOGY GROUP YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE A LEGALLY-BINDING AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND THIRD PATH TECHNOLOGY GROUP LOCATIONS AND ITS AFFILIATED COMPANIES, ON THE OTHER HAND (IDENTIFIED COLLECTIVELY HEREIN AS “THIRD PATH TECHNOLOGY GROUP”).

By clicking “CONNECT,” you affirm you are: (i) eighteen (18) years old or older, or you are between the ages of thirteen (13) and seventeen (17) and possess legal or guardian consent to use the Service; and (ii) competent and capable of understanding, agreeing to, and complying with these Terms.

These Terms may be amended from time to time at Third Path Technology Group’s sole discretion. Each time you use the Service, you will be required to read and click-to-agree to these Terms prior to use, and modifications to these Terms will apply to your use of the Service after the modifications are made.

1. General Considerations and Notices

You must have your own wireless-enabled device and all other hardware and software necessary to connect to the Service. Third Path Technology Group cannot provide individualized support for your personal computers or devices.

Third Path Technology Group asks that you use the Service only while you are present at a Third Path Technology Group location as a guest, client, visitor, or attendee, or if you are otherwise lawfully on Third Path Technology Group premises.

Do not send sensitive, personally identifiable (such as your social security number, address, financial information, and other personal information), or confidential information using the Service. The Service does not provide security for such information, and you acknowledge wireless technology is inherently not secure and wireless communications can be intercepted by technology designed and intended for that purpose.

2. Your Use of the Service

You must use the Service in compliance with all applicable federal, state, and local laws and regulations. You must notify us immediately of any unauthorized use of the Service or any other breach of security.

Third Path Technology Group will assign you an IP address each time you access the Service, and this address may change. You may not program any other address into your device that accesses the Service.

You may not use the Service to download pirated content, or in any other manner that infringes, misappropriates, or otherwise violates any third-party right, including without limitation any copyright, trade secret, trademark, patent, or other proprietary right, right of publicity or privacy, or any other third-party right. You may not use the Service in any manner that violates any contract you have with or duty you owe to any third party. You may not use the Service in any manner that interferes with any other party’s use and enjoyment of the Service.

Examples of prohibited activities while using the Service include, without limitation:

attempting to collect or maintain information about other users of the Service or third parties for unauthorized purposes;
spamming or otherwise distributing unsolicited advertising and promotional materials;
impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
posting defamatory or abusive language or content, or stalking or harassing others;
sale or resale of the Service;
distribution of Internet viruses, malware, ransomware, or other destructive software or activities;
using the Service to conduct or facilitate unauthorized port scanning, network probing, or any other form of network reconnaissance or attack; and
mining cryptocurrency or using the Service for any sustained high-bandwidth commercial purpose not related to Third Path Technology Group’s services.

Third Path Technology Group reserves the right, but has no obligation, to investigate and monitor your use of the Service to determine your compliance with these Terms. Third Path Technology Group also reserves the right to provide user information, including information regarding your use of the Service and transmissions made through use of the Service, in response to a subpoena, court order, or other governmental process, or to protect our rights, other users, and property.

3. Our Right to Limit Your Access

Third Path Technology Group reserves the right to limit, deny, or terminate your access to the Service, without notice to you, at any time and for any reason in Third Path Technology Group’s sole discretion, including, without limitation, if Third Path Technology Group believes you have violated these Terms. Third Path Technology Group will not be responsible or liable to you or any third party for such limitation, denial, or termination.

Third Path Technology Group may also impose data usage limits or bandwidth throttling to ensure fair access to the Service for all users. Users consuming excessive bandwidth may be deprioritized or disconnected without notice.

VPN and Network Tunneling Services: Certain virtual private network (VPN) connections and other network tunneling services may be blocked at the network level. If your VPN connection is blocked, you should use an alternative network connection.

4. Privacy and Security

Privacy Policy: Your use of the Service is subject to and constitutes your agreement to our Privacy Policy [https://thirdpathtechnology.com/privacy], which describes how Third Path Technology Group collects and uses your information provided in connection with your use of the Service. Third Path Technology Group’s Privacy Policy is incorporated into and made a part of these Terms by this reference. In the event of a conflict between the provisions of these Terms and those of the Privacy Policy, the provisions of these Terms will prevail.

Security of Your Information: As noted above, connecting to the Internet wirelessly presents security challenges that do not exist with a wired connection. Third Path Technology Group recommends you consult with a computer technician to ensure your computer is configured correctly for secure wireless access to the Internet and that you have the latest security software installed. Third Path Technology Group makes no representations or warranties that information about you, your computer, or your use of the Service is secure when using the Service.

Usage Data: Third Path Technology Group may collect and store information about your use of the Service, including when and for how long you use the Service, the Third Path Technology Group location where you accessed the Service, and the size of data transfers you make while using the Service. Usage logs are retained until system storage capacity requires their deletion, at which point older records are removed on a rolling basis. Third Path Technology Group is not obligated to retain this information for any minimum period.

Device Identifiers: When you connect to the Service, Third Path Technology Group’s network infrastructure may collect and temporarily store your device’s hardware identifiers, including its MAC address, to manage network sessions, enforce these Terms, and maintain network security. This information is used solely for network administration purposes and is subject to the same storage and retention practices described under Usage Data above.

Cookies: When you use the Service, Third Path Technology Group may send a “cookie” to your computer or device to assign it a unique, random number, a sort of anonymous user ID that resides in your computer or device. The cookie does not identify your personally identifying information; rather, it identifies the computer or device you use to access the Service. A cookie cannot read data from your hard drive. Most browsers automatically accept cookies, but you can disable the acceptance of cookies at any time by changing the preferences in your browser. Certain Service features and/or third-party website features may not function properly if you choose to disable the acceptance of cookies.

Session Limits: To maintain network performance and security, individual sessions may be subject to time or data limits. Upon session expiration, you may reconnect by re-agreeing to these Terms.

5. Third-Party Content and Websites

Third Path Technology Group does not control and is not responsible or liable for content, materials, products, or services you access, download, or purchase from websites when using the Service. Third Path Technology Group has no obligation to screen or restrict access to any content available on the Internet through the Service. Third Path Technology Group may, but has no obligation to, block any content accessible through use of the Service.

Any content, materials, products, or services you access, download, or purchase while using the Service are subject to the terms of use, privacy policies, and other policies located at the websites where you access, download, or purchase such content; and you should read the policies associated with such content. Owners and operators of third-party sites you visit while using the Service may place their own cookies or other files on your computer, collect data about you and your computer, and solicit other information from or about you.

6. DISCLAIMERS

THIRD PATH TECHNOLOGY GROUP DOES NOT GUARANTEE THE SECURITY OF THE SERVICE OR INFORMATION YOU ENTER INTO ANY WEBSITE OR APPLICATION WHILE USING THE SERVICE. THIRD PARTIES MAY ACCESS YOUR COMPUTER OR DEVICE OR OTHERWISE MONITOR YOUR CONNECTION WHILE YOU ARE USING THE SERVICE. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND THIRD PATH TECHNOLOGY GROUP HEREBY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AVAILABILITY, RELIABILITY, ACCURACY, SUITABILITY, TITLE, AND NON-INFRINGEMENT.

THIRD PATH TECHNOLOGY GROUP EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE AT ANY MINIMUM SPEED, THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT COMMUNICATIONS MADE THROUGH USE OF THE SERVICE WILL BE SECURE AND NOT INTERCEPTED, AND THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THIRD PATH TECHNOLOGY GROUP HAS NO CONTROL OVER THIRD-PARTY SITES YOU MAY ACCESS WHILE USING THE SERVICE, AND THIRD PATH TECHNOLOGY GROUP HAS NO RESPONSIBILITY OR LIABILITY FOR ANY FAILURE OF ANY THIRD-PARTY CONTENT, INFORMATION, MATERIAL, PRODUCT, OR SERVICE YOU OBTAIN, DOWNLOAD, OR USE THROUGH USE OF THE SERVICE. NO ADVICE OR INFORMATION GIVEN BY THIRD PATH TECHNOLOGY GROUP OR ITS EMPLOYEES WILL CREATE A WARRANTY. YOU USE THE SERVICE AT YOUR OWN RISK AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM THE SAME.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THIRD PATH TECHNOLOGY GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, INABILITY TO USE, DELAY, OR PERFORMANCE OF THE SERVICE, AND/OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES YOU OBTAIN, USE, OR VIEW THROUGH USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF THIRD PATH TECHNOLOGY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Limitations to Sections 6 and 7

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the limitations or exclusions in Sections 6 and 7 may not apply to you. However, in no event will Third Path Technology Group’s total liability to you for damages, losses, and causes of action of any kind exceed the amount paid by you to Third Path Technology Group, if anything, for accessing and using the Service.

9. Indemnity

You will defend, indemnify, and hold harmless Third Path Technology Group and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all damages, awards, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from or relating to third-party claims regarding: (i) your use or misuse of the Service; (ii) your breach of these Terms; or (iii) your violation of any law or any right of any third party through your use of the Service, including without limitation any infringement, misappropriation, or other violation of any third-party copyright, trade secret, trademark, patent, other proprietary right, or right of publicity or privacy.

10. Intellectual Property Infringement Policy

Third Path Technology Group responds to notices of alleged infringement that substantially comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe your copyright was infringed through use of the Service, send us a notice in accordance with the terms below. Third Path Technology Group does not act as an arbiter or judge of disputes about intellectual property rights. Third Path Technology Group will disable access to material it believes in good faith is infringing copyrighted work.

If Third Path Technology Group disables access to material, it will make a good-faith attempt to contact the party responsible for that material so the owner may make a counter-notification. Third Path Technology Group will suspend and/or terminate access of Service users who it believes are repeat copyright infringers.

Use the following format for your written notice: (a) Identify in sufficient detail your copyrighted work you believe has been infringed; (b) Identify the material you claim infringes your copyrighted work and describe how the material infringes your work; (c) Provide your contact information, including your name, mailing address, telephone number, and e-mail address, if any; (d) Include a statement that, under the penalty of perjury, you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) Include a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner; and (f) Sign the written notice physically or electronically.

11. Minors

The Service is not directed to children under the age of 13. Children under 13 may only use the Service with the involvement and consent of a parent or legal guardian. If you are between 13 and 17 years of age, you may only use the Service with the consent and supervision of a parent or legal guardian. By permitting a minor to use the Service, the parent or legal guardian agrees to these Terms on the minor’s behalf and accepts full responsibility for ensuring the minor’s use of the Service complies with these Terms.

Parents and legal guardians are solely responsible for monitoring and supervising minors’ use of the Service, including the content minors access while connected. Third Path Technology Group is not responsible for any content accessed by minors through the Service and makes no representations that the Service or content available through it is appropriate for minors.

Third Path Technology Group does not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided personal information without verifiable parental consent, we will take steps to delete such information promptly.

12. General

These Terms (and any claim or dispute arising in connection with these Terms or your use of the Service) are governed by and shall be construed in accordance with the laws of the State of Nevada, without regard to principles of conflicts of law that might result in the application of another jurisdiction’s laws. You consent to the exclusive jurisdiction of the federal, state, and local courts located in Nevada, and you waive any jurisdictional, venue, or inconvenient forum objections.

Nothing in these Terms will be deemed to confer any right or remedy on any third party. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Third Path Technology Group. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision.

You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by Third Path Technology Group, and any such waiver shall not be deemed a waiver of any subsequent breach or default.

These Terms (including any and all policies or agreements incorporated into these Terms by reference) represent the entire agreement between you and Third Path Technology Group regarding your use of the Service, and these Terms supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Third Path Technology Group relating to such subject matter.

You agree a printed version of these Terms shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Service, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.