These Wi-Fi Terms & Conditions Of Use (the "Wi-Fi Terms") govern your use of the Outlets at Tejon Wi-Fi network (the “Service”) provided by TRCC/Rock Outlet Center LLC, a Delaware limited liability company and its affiliates and subsidiaries (collectively, “TRCC/ROCK”).
TRCC/ROCK reserves the right to modify these Wi-Fi Terms by posting new versions on this website as well as the right to provide additional notice of significant changes. Your continued use of the Service following such changes constitutes your acceptance of those changes.
IF YOU DO NOT AGREE WITH THESE WI-FI TERMS, DO NOT ACCESS OR USE THE SERVICE.
Terms & Conditions of Use
The Service provides you with wireless access to the Internet via certain TRCC/ROCK high-speed Internet access points located in the Outlets at Tejon owned, operated and managed by TRCC/ROCK. Your hereby acknowledge and agree that TRCC/ROCK has the right but not the obligation to proactively monitor the activities of those who use the Service or exercise any editorial control over any material transmitted, hosted or posted using the Service to ensure that users comply with these Wi-Fi Terms and/or the law, although it reserves the right to do so.
Your access to the Service is completely at the discretion of TRCC/ROCK and your access and use of the Service may be prevented, blocked, suspended, or terminated any time for any reason by TRCC/ROCK including, but not limited to, service disruptions, maintenance of the Service, your violation of this Agreement, your actions that may lead to liability for TRCC/ROCK, or your violation of applicable laws or regulations.
You acknowledge and agree that the Service is not secure; that TRCC/ROCK has no responsibility to secure the Service, and that your use of the Service is at your own risk. As such, you should not transmit any credit card information, passwords or any other sensitive personal information while using the Service. Anti-virus and security protection are your sole responsibility.
You take full responsibility for your use of the Service and the Internet, and shall observe and adhere to all copyright laws and licensing agreements pertaining to software, music and other resources obtained or accessed using the Service.
TRCC/ROCK reserves the right to immediately terminate or suspend your access to all or a portion of the Service, without notice, for (i) conduct that TRCC/ROCK believes constitutes a violation of any law, rule, regulation or tariff (including, without limitation, copyright and intellectual property laws) and/or conduct that could expose TRCC/ROCK to sanctions, prosecution, civil action or other liability; (ii) a violation of these Wi-Fi Terms, or any applicable policies or guidelines; (iii) conduct that could cause harm to, or interfere with the integrity or normal operations of TRCC/ROCK’s network(s) or facilities and/or interfere with another person's use of the Service or the Internet, or (iv) conduct that could otherwise present a risk of harm to TRCC/ROCK or any third party. TRCC/ROCK may also terminate or suspend your access to the Service if you access the Service through the use of inappropriate means or methods, including, without limitation, by providing false or inaccurate information. If your access to the Service is suspended or terminated pursuant to these Wi-Fi Terms, TRCC/ROCK shall not have any obligation to reinstate your access the Service. If TRCC/ROCK discovers that you have accessed the Service following termination as set out above without the prior written consent of TRCC/ROCK, it may terminate such access without further notice.
Suspension or Termination of the Service
TRCC/ROCK reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that TRCC/ROCK will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service and you hereby release TRCC/ROCK from any and all damages, liabilities, costs and/or expenses of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such modification, suspension or discontinuance of the Service.
You acknowledge and agree that accessibility of the Service is subject to the availability and operational limitations of the requisite equipment and associated facilities. You acknowledge and agree that temporary interruptions and performance failures of the Service may occur and that TRCC/ROCK will not be liable for such interruptions or performance failures, regardless of their cause.
Collection of Customer Information
TRCC/ROCK reserves the right to require all users of the Service to provide certain personal information in order to access the Service. All information provided by you to TRCC/ROCK must be accurate and complete. You are also responsible for the actions of others who access or use the Service under your name and associated contact information.
In order for TRCC/ROCK to provide the Service, certain data may be collected from any Wi-Fi enabled device. Such data that TRCC/ROCK and its Third Party Providers (defined below) may collect will include, without limitation, usage time and device location. This data may be retained indefinitely by TRCC/ROCK and its Third Party Providers, and may be used for internal and analytical purposes.
The Service is provided on a non-exclusive basis solely for your use (unless otherwise specifically stated in these Wi-Fi Terms) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Service, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Service.
All information, documents, products, and software (the “Materials”) provided as part of, or in connection with, the Service were provided by or to TRCC/ROCK or vendors or contractors retained thereby (the "Third Party Providers") and all right, title and interest therein (including, without limitation, copyright) are the property of TRCC/ROCK and/or the applicable Third Party Providers. Except as expressly stated in these Wi-Fi Terms, none of the Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of TRCC/ROCK or the applicable Third Party Provider(s), and no license of any intellectual property right in any such Materials is granted through access to, or use of, the Service, whether by estoppel, implication, or otherwise.
Without limiting anything set out elsewhere in these Wi-Fi Terms, any failure by you to adhere to the rules, guidelines or agreements governing the use of any search engines, subscription web services, chat areas, bulletin boards, web pages, USENET, or other services to which you have access through the Service will be deemed a violation of these Wi-Fi Terms.
The Service shall not be used to host, post, transmit, or re-transmit any content or material that is threatening, harassing, obscene, indecent, hateful, malicious, racist, fraudulent, deceptive, invasive of privacy or publicity rights, abusive, inflammatory, treasonous, excessively violent or that promotes the use of violence.
The Service shall not be used to engage in inappropriate conduct with a minor (anyone under 18 years of age). You shall not knowingly collect or solicit personal information from a minor without the express consent of the parent or guardian of the minor, nor shall you use the Service to harm or intimidate a minor. TRCC/ROCK complies with all federal and state laws pertaining to the protection of minors, including the reporting of all apparent cases of child pornography or exploitation to the National Center for Missing and Exploited Children. For more information about online safety, visit www.ncmec.org.
Violation of the CAN-SPAM Act of 2003, or any state or federal law regulating e-mail services, constitutes an automatic violation of these Wi-Fi Terms and TRCC/ROCK reserves the right to seek damages and other available relief against you, as applicable. Violations include, without limitation:
Sending unsolicited electronic mail messages and "mail-bombing" (sending mass unsolicited e-mail messages to a single user, or group of users, commercial or otherwise, or deliberately sending very large attachments to one recipient); Using another site's mail server to relay mail without the express permission of the site; Using another computer, without authorization, to send multiple e-mail messages or to retransmit e-mail messages for the purpose of misleading recipients as to the origin; Using IP addresses that you do not have a right to use; Maintaining a site that is advertised via unsolicited electronic messages; Spamming, or sending unsolicited commercial e-mail, sending unsolicited electronic messages with petitions for signatures, or any chain mail related materials, or requests for charitable donations; Forging headers or identifiers in order to disguise the origin of e-mail; Intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for other parties.
TRCC/ROCK reserves all rights and remedies available to it in contract, law and equity in the event of your use of the Service to transmit spam.
Unless otherwise explicitly stated in these Wi-Fi Terms, any content provided by you in connection with your access to, or use of, the Service shall be deemed to be provided on a non-proprietary and non-confidential basis. TRCC/ROCK shall have no obligation of any kind with respect to such content and shall be free to use or disseminate such content on an unrestricted basis for any purpose. You acknowledge that you are responsible for the content that you submit, and you, not TRCC/ROCK, have full responsibility for such content, including their legality, reliability, appropriateness and originality.
You agree to indemnify, defend and hold TRCC/ROCK, Third Party Providers and each of their parents, subsidiaries and affiliated companies, and their partners, officers, directors, agents, representatives, employees, shareholders, successors and assigns (collectively, “Indemnitees”) from and against any and all claims, demands, liabilities, damages, losses, liens, obligations, costs and expenses, including without limitation attorneys’ fees and expenses (“Claims”) arising out of, resulting from or relating to, in whole or in part: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service or the Materials; (c) your breach or alleged breach of these Wi-Fi Terms; and/or (d) your violation of the rights of any third party. Without limiting anything set forth herein, you hereby release each of the Indemnitees from all Claims of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connection with these Wi-Fi Terms and/or any use by you of the Service. If you are a California resident, you expressly waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED IN THESE TERMS, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE”, AND “WITH ALL FAULTS”, AND ARE FOR PERSONAL, NON-COMMERCIAL USE ONLY. TRCC/ROCK HEREBY DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TIMELINESS, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. TRCC/ROCK MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE, OR ANY OF MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, YOU MAY NOT RELY ON ANY REPRESENTATION OR WARRANTY BY A THIRD PARTY AS A REPRESENTATION OR WARRANTY OF TRCC/ROCK.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRCC/ROCK, ANY THIRD PARTY PROVIDERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE AND/OR THE MATERIALS, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER TRCC/ROCK OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, TRCC/ROCK’S SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO TRCC/ROCK BY YOU FOR USE OF THE SERVICE.
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST TRCC/ROCK AND/OR ANY THIRD PARTY PROVIDER FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS.
TRCC/ROCK’s decisions with respect to interpretation of these Wi-Fi Terms and appropriate remedial actions are final and determined by TRCC/ROCK in its sole discretion. Without limiting anything set forth elsewhere in these Wi-Fi Terms, TRCC/ROCK may refer potential violations of law(s) to the proper authorities, may cooperate in the investigation of any suspected criminal or civil wrongdoing, and will cooperate with authorities when required to do so by law, subpoena, or when the public safety is at stake. TRCC/ROCK assumes no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.
These Terms constitute the entire agreement between you and TRCC/ROCK with respect to your access to, and use of, the Service. The failure of TRCC/ROCK to exercise or enforce any right or provision of these Wi-Fi Terms shall not constitute a waiver of such right or provision. If any provision of these Wi-Fi Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Wi-Fi Terms, which shall remain in full force and effect. You agree that, regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the access or use of the Service or these Wi-Fi Terms must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect. These Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Wi-Fi Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Wi-Fi Terms are governed by the laws of the State of California, without regard to conflict of law principles. Jurisdiction for any claims arising under these Wi-Fi Terms shall lie exclusively with the state or federal courts in Kern County, California. No claim under these Wi-Fi Terms may be joined to any other claim, including any legal proceeding involving any other current or former user of the Service, and no class action proceedings will be permitted. You agree that these Wi-Fi Terms constitute the entire agreement between you and TRCC/ROCK regarding the subject matter hereof, and that they supersede any prior or contemporaneous agreements between you and TRCC/ROCK regarding the same.
Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Wi-Fi Terms should be directed to TRCC/ROCK.
Updated September 20, 2016