By using Viejas Hotel (“Viejas”) Wi-Fi Internet Service (“Viejas WiFi”) you agree to be bound by the
following terms and conditions ("Terms of Service"), which are a binding agreement between you
(“Customer”) and Viejas. You represent that you are of legal age to agree and be bound by this
Personal Use Only
You may use the service and technology provided to you by Viejas for the sole purpose of using Viejas WiFi as described here. You must immediately notify us of any unauthorized use of Viejas WiFi or any other security breach. We will give you an IP address each time you access Viejas WiFi and it may change. You may not use Viejas WiFi for any other reason, including reselling any aspect of Viejas WiFi. Other examples of improper activities include, without limitation:
Changes In Viejas Terms of Service and Viejas WiFi; Termination
We may modify or terminate Viejas WiFi and these Terms of Service and any accompanying policies, for any reason, and without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Upon any such termination, any and all rights granted by Viejas to you shall terminate.
You understand that Viejas WiFi, which utilizes wireless technologies, is not inherently secure and that wireless communications can be intercepted by technology designed and intended for that purpose. Viejas will not be liable to you or any other party for any lack of security that may result from your use of Viejas WiFi. You agree that you are responsible for providing security measures that are suited for your intended use of Viejas WiFi . For example, you shall take full responsibility for taking adequate measures from safeguarding your data from loss. Also, other than the technology provided by Viejas, you must provide all equipment, technology and software to use Viejas WiFi.
THE SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE THEREOF IS AT ITS OWN RISK. VIEJAS DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OR CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. VIEJAS DOES NOT WARRANT THAT THE SERVICES WILL PERFORM AT A PARTICULAR SPEED, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER VIEJAS, THE VIEJAS BAND OF KUMEYAAY INDIANS OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF THE CAUSE OF ACTION, AND WHETHER OR NOT FORESEEABLE. IN NO EVENT SHALL VIEJAS' OR ITS SUPPLIERS' CUMULATIVE LIABILITY EXCEED THE FEES PAID BY CUSTOMER THROUGH THE MONTH IN WHICH THE CLAIM AROSE EVEN IF VIEJAS IS INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. In addition, Viejas, the Viejas Band of Kumeyaay Indians and its suppliers will not be responsible for any damages, losses, expenses or costs that Customer suffers as a result of: (i) any interruption or failure of the Services or Products; (ii) the downloading or use of any information, data or materials obtained via the Services or from the Internet; (iii) any failure to complete a transaction on the Internet or using the services or any loss of data due to delays, non-deliveries, mis-deliveries, or service interruptions; (iv) anything beyond the reasonable control of Viejas, including but not limited to any interruption or failure of a third party's services, software, equipment or network; (v) any unauthorized use or modification of services or products or combination of services or products with other services, products or equipment; (vi) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to Customer's data, web-site, computers, or networks.
You agree to hold harmless and indemnify Viejas and the Viejas Band of Kumeyaay Indians, its Tribal Council, Tribal Members, trustees, officers, employees and representatives as well as its suppliers and licensors from and against any third party claim arising from or in any way related to your use of Viejas WiFi, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Viejas will provide you with written notice of such claim, suit or action.
Intellectual Property Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on or through Viejas WiFi, file a notice. To file a notice of copyright notice with us, please send a written communication by certified mail with return receipt to: Viejas Enterprises (Chief Legal Officer/Department of Legal Affairs), 5000 Willows Rd., Alpine, CA 91901. Provide information reasonably sufficient to permit Viejas to contact you (email address is preferred).
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Viejas Hotel is a wholly owned business enterprise of the Viejas Band of Kumeyaay Indians, a federally recognized Indian Tribe that has not waived its Sovereign Immunity. These Terms of Service constitute the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Viejas WiFi . Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Viejas.