Updated: 6/1/2022

While working from a Downtown Works location, you may connect to our data network to access the Internet among other things. This agreement sets out the terms and conditions on which wireless and wired internet access (“the Service”) is provided free of charge to you, a guest of DowntownWorks, LLC (“we/us”). By using or accessing the Service, you agree to the terms of service. Please read the terms of service carefully, we may revise them from time to time. You are deemed to accept the current terms each time you use or access the Service. If you do not accept these terms, you may not use the Service.

ACCESS. This free Service is provided by us and is completely at our discretion. Your access to the network may be blocked, suspended, or terminated at any time for any reason. The Service is available to your device only when in wireless range of our access points or through an ethernet cable (if your Membership permits) to a network port. We will always try to make the Service available, but it may be interrupted, limited or curtailed due to maintenance and repair work, transmission or equipment limitations/failures, collocation failures or due to an emergency. We are not responsible for data, messages or pages that you may lose or that become misdirected because of interruptions or performance issues with the Service. The Service and any products or services provided on or in connection with the service are provided on an “as is”, “as available” basis without warranties of any kind. All warranties, conditions, representations, indemnities and guarantees with respect to the content or service and the operation, capacity, speed, functionality, qualifications, or capabilities of the services, goods or personnel resources provided hereunder, whether express or implied, arising by law, custom, prior oral or written statements by us, or otherwise (including, but not limited to any warranty of satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement) are hereby overridden, excluded and disclaimed. Network speed will vary based on your device configuration, location, compression, network congestion, and other factors.

PRIVACY & SECURITY. Whilst we take reasonable steps to ensure the security of the Service and to prevent unlawful access to information transmitted or received using the Service we do not guarantee the security of the information which you may transmit or receive using the Service or located on any equipment utilizing the Service 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. We recommend that you do not use the service to transmit or receive any confidential information or data and should you choose to do so you do so at your own risk. In accordance with our Privacy Policy, we have the right, but not the obligation, to monitor, review, and disclose, without notice, any transmissions over or use of the Service to comply with lawful process, orders, warrants or subpoenas, or to protect our rights, property and users. We cannot see the nature of the information you send and receive, or the physical information on your device(s) but we do use network analytics to improve our services. You agree and acknowledge that we may keep a log of the Internet Protocol (“IP”) addresses of any devices which access the Service, the times when they have accessed the Service and the activity associated.

PROHIBITED USES. The Service may only be used for lawful purposes and in a manner which we believe to be consistent with the rights of other users. The Service shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right, or any other right of any person or entity. The Service shall not be used for the purpose of accessing, transmitting, or storing material which is considered obscene, libelous or defamatory. For example, among other items, you may not:

• use the Service to engage in any activity which constitutes or is capable of constituting a criminal offence, either in the United States or in any state throughout the world including, but not limited to;
  • Emails or websites that contain obscene, profane or abusive language or material;
    • are defamatory, threatening, intimidatory or which could be classed as harassment;
    • contain pornographic material (that is text, pictures, films, video clips of a sexually explicit or arousing nature);
    • contain offensive or derogatory images regarding sex, race, religion, color, origin, age, physical or mental disability, medical condition or sexual orientation;
    • contain material which infringe third party’s rights (including intellectual property rights);
    • in our reasonable opinion may adversely affect the manner in which we carry out our business; or
    • are otherwise unlawful or inappropriate;
  • use the Service to infringe or violate the intellectual property rights or proprietary rights of any third party including, but not limited to, music, video, pictures, and text. 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;
  • share your IP address or Internet connection with anyone;
  • upload, share, host, transmit content that is;
    • obscene or otherwise offensive;
    • information belonging to another person, over which the user has no right;
    • information that encourages gambling or money laundering;
    • information which may harm minors in any way;
    • information which contains any computer virus or malware;
    • information which infringes any intellectual or proprietary rights;

Breaching the Prohibited Uses may result in civil or criminal liability. 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, and are entitled to provide by law, to law enforcement authorities or rights-holders. We have the right to suspend or terminate your access and use of the Service.

ADDITIONAL DISCLAIMERS. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content. We do not warrant that any particular virtual private network (VPN) will be compatible with the Service.

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 service in breach of these terms of service. 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 Service or a failure, suspension or withdrawal of all or part of the service at any time or damage to physical property or for any other similar direct loss that may arise in relation to this agreement whether or not we were advised in advance of the possibility of such loss or damage.

These terms of service and the transactions contemplated hereby shall be governed by and construed under the law of the State of California without regard to conflicts of laws provisions thereof and without regard to California’s or any other implementation of the Uniform Computer Information Transactions Act.

Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to these terms of service, or at law, or the breach, termination or invalidity of these terms of service, that cannot be settled amicably by agreement of the parties to these terms of service shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be San Diego, CA, U.S.A.