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Wi-Fi Terms of Use and Service Agreement

This Wi-Fi Terms of Use and Service Agreement (“Agreement”) is entered into between Avenu Properties Corp. (“Avenu”) and the user (“You” or the “User”) of the wireless internet access service (“Service”) provided by Avenu. By connecting to the Wi-Fi and using the Service, you acknowledge and agree to be bound by the terms and conditions of this Agreement.

1. Service Provision and Limitations

1.1 Avenu provides the Service free of charge to guests within its properties. The Service allows guests with portable computers or devices capable of receiving wireless signals to access the Internet within the range of an access point.

1.2 Avenu assumes no responsibility for the safety of equipment used by Users. It is the User’s responsibility to ensure the security and protection of their devices.

1.3 Avenu reserves the right to update or modify these terms of use at any time. Changes will be communicated by posting updated versions. Your continued use of the Service after such changes constitutes your acceptance of and agreement to the updated terms.

1.4 The wireless access provided by the Service is inherently unsecure. Any information transmitted or received over Avenu’s wireless network could potentially be intercepted. Users are advised not to transmit sensitive personal information while using the wireless network.

1.5 Users acknowledge that there is no expectation of privacy when using the wireless network and assume all risks associated with its use.

1.6 Users agree to indemnify and hold harmless Avenu, and their respective successors, assigns, representatives or designees (collectively the “Avenu Parties”), and the respective employees, officers and directors, independent contractors and agents of the Avenu Parties from and against any and all losses, claims, damages, demands, actions, proceedings, causes of action, liabilities and costs or expenses (including attorney’s fees) incurred or suffered by the Avenu Parties arising from the Users use or misuse of the Service in any manner whatsoever, including a claim by a third party. Notwithstanding the generality of the foregoing, the present indemnification undertaking shall be applicable to any obligation, action, suit, procedure, judgement, cost, loss, damage, debt, expense, litigation cost (including attorney’s fees) and proceedings (including proceedings to enforce this provision) arising from or in any way related to your use or misuse of the Service, as well as all associated settlements. You may not settle any claim in a manner that imposes any obligations, restrictions or liabilities on the indemnified parties without first obtaining the applicable party’s written consent.

1.7 Users waive any rights or claims against Avenu regarding the compromising of personal information or any damage caused to their hardware or software while using the Service. Users are responsible for maintaining up-to-date virus protection and security patches on their devices.

1.8 Users acknowledge that Avenu does not control or endorse any data, content, services, or products accessed through the Internet while using the Service. Avenu may block data transmissions to protect its network, the Service, or the public.

2. Privacy and Electronic Communications

2.1 Personal information of Users collected during the use of the Service, including monitoring activities, will be handled in accordance with Avenu’s Privacy Policy. Users should review the privacy policies of external sites and services they access through the Service.

2.2 By using the Service, users consent to receive electronic communications, including promotional and marketing material, from Avenu. Users may update or withdraw their consent by following the instructions in Avenu’s Privacy Policy.

3. Disclaimer and Limitation of Liability

3.1 Avenu provides the wireless connectivity as a guest service, and users accept all risks associated with its use. Avenu is not responsible for any loss of information, injury, or damages resulting from the use of the Service.

3.2 The Service is provided on an “as is” and “as available” basis. Avenu, its affiliates, agents, and licensors do not warrant the uninterrupted, secure, error-free, accurate, complete, or current operation of the Service. They do not provide any warranties regarding merchantability, fitness for a particular purpose, non-infringement, quality, accuracy, timeliness, completeness, title, quiet enjoyment, or system integration.

3.3 Users are solely responsible for any damage to their computer system or loss of data resulting from the use of the Service.

3.4 To the maximum extent permitted by applicable law, Avenu shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or connected with the use or performance of the Service, even if Avenu has been advised of the possibility of such damages. This limitation of liability applies to any claims, damages, or injury arising out of or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use of records.

3.5 Avenu shall not be liable for any delay or failure to perform its obligations under this Agreement resulting from circumstances beyond its reasonable control, including but not limited to acts of God, acts of government, natural disasters, power outages, equipment failures, or internet service disruptions.

4. Termination

4.1 Avenu may, at its sole discretion, terminate or suspend a User’s access to the Service at any time, with or without cause and without prior notice. Reasons for termination may include but are not limited to violation of this Agreement, illegal activities, disruptive behavior, or misuse of the network.

4.2 Users may terminate their access to the Service by disconnecting from the wireless network.

5. Governing Law and Jurisdiction

5.1 This Agreement shall be governed by and construed in accordance with the laws of Ontario and Users and Avenu attorn to the courts of Ontario for the resolution of any disputes in relation to this Agreement.

6. Severability

6.1 If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

7. Entire Agreement

7.1 This Agreement constitutes the entire agreement between the user and Avenu regarding the use of the Service and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.

By connecting to the Wi-Fi network and using the Service, you confirm that you have read, understood, and agreed to the terms and conditions of this Agreement. If you do not agree with any of these terms, please disconnect from the network and refrain from using the Service.