Johnson County Transit (“The JO”) has equipped selected buses (“Location”) with free wireless Internet access (Wi-Fi). This service will be available to riders with a Wi-Fi enabled laptop computer, smartphone, or other mobile wireless device (“Access Device”). Buses equipped with Wi-Fi will be identified by signs on each bus.
The Services are being offered as a convenience and free service. The availability, reliability, uptime and speed of the Services are not guaranteed by the wireless carrier, The JO or Johnson County, Kansas Government. The JO and the wireless carrier are not able to provide technical assistance to you and there is no guarantee that you will be able to make a wireless connection. If you need assistance, contact the manufacturer of your Access Device or an IT professional. Please do not ask bus drivers for assistance with your wireless connection. The JO and the wireless carrier are not responsible for any changes you make to your Access Device’s settings.
The JO and the wireless carrier have no control over information and material accessible on the Internet and are not responsible for content or accuracy. You acknowledge that you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. The Services uses the wireless carrier's Webguard filtering, which attempts to restrict access to illegal or objectionable websites. However, no content-filtering software is completely effective. Some objectionable sites may evade filtering while other sites may be inadvertently blocked. You agree that The JO and the wireless carrier are not liable for any action or inaction with respect to any such content accessible or unavailable through the Services. Wi-Fi is not secure. Wireless internet communications are not private, nor are they confidential. Use of Wi-Fi for the transmission of confidential, sensitive, personal, or financial information is not recommended. Data can be intercepted when transmitted between your Access Device and The JO’s Wi-Fi. The JO and the wireless carrier are not responsible for intercepted or compromised data or any consequences thereof. By using the Services, you assume all risks associated with the use of the Services, including but not limited to, any risk to your Access Device, software or data of being damaged by any virus, software, or any other file, data or code which might be transmitted or activated due to use of the Services. The JO encourages all users to adhere to good security practices.
You agree to be responsible for and to bear all risk and consequences for (1)the accuracy, completeness, reliability and/or usefulness of any content available through the Services and (2)any transmission you send, receive, post, access, or store via the Services or the wireless carrier’s networks, including the content of any communication. The JO and the wireless carrier do not undertake the security of any data you send through the Services and it is your responsibility to secure such data. The JO and the wireless carrier provide no guarantee and make no representation that the Services will be available at all times at the Location.
By using the Services, you agree that you will not use the Services for any unlawful purpose or in violation of any applicable law or regulation. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. You may not violate the security of the Services or the wireless carrier’s Network in any way. Such violations may result in criminal or civil liability. The wireless carrier and/or The JO may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using, sending, receiving, posting, accessing, or storing any electronic transmission via the Services or the wireless carrier’s Networks, you agree to cooperate in any such investigation. The JO or the wireless carrier may be required to disclose data related to the use of the Services in response to a subpoena, court order or as otherwise required by law.
The JO and the wireless carrier disclaim any liability for unauthorized security breaches. The JO and the wireless carrier are not responsible for any damage caused to hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users are individually responsible for maintaining up-to-date anti-virus, anti-malware, and firewall protection or other appropriate security measures on their Access Devices. You agree to hold The JO, the Board of County Commissioners of Johnson County, Kansas, Johnson County, Kansas Government and the wireless carrier harmless from any loss, damage, claims, or liability arising from any illegal activity in which you may engage or any information, communications, or sites, you may access, send or receive, whether appropriate or inappropriate, while using the Services.
You shall defend, indemnify and hold The JO, the Board of County Commissioners of Johnson County, Kansas, Johnson County, Kansas Government, and the wireless carrier, and their officers, directors, employees, and agents harmless from and against, and shall promptly reimburse them for any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Services or any breach of this Agreement.
THE WIRELESS CARRIER AND The JO MAKE AND YOU RECEIVE NO WARRANTY EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH THE SERVICES OR THE WIRELESS CARRIER'S NETWORKS OR WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." THE WIRELESS CARRIER AND The JO SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR ANY DAMAGES THAT ARISE FROM THE USE OF THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND-FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES -EVEN IF THE WIRELESS CARRIER OR The JO HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Services are not intended or designed for and cannot be used for making 911, E911, Wi-Fi based 911 or similar emergency calls. If you attempt to use the Services to make a 911, E911, Wi-Fi based 911 or emergency call, emergency service providers will not be able to identify or locate you or your telephone number and you may not be connected to the appropriate emergency services provider. The JO and the wireless carrier are not responsible for and disclaims any liability or damages related to or resulting from any attempt to use the Services for 911 calls, E911 calls, Wi-Fi based 911 calls or similar emergency call purposes.
When accessing the Services, you may be asked to provide personal information such as your e-mail address, name, and street address. You may also provide personal information by participating in Johnson County Transit social networking sites found on Facebook, Twitter, YouTube, Pinterest, or Flikr. Johnson County Transit may collect this personal information and may retain it and use it for demographic, statistical, and planning purposes such as analyzing bus usage and determining routes. Johnson County Transit may also use this personal information to provide to you via e-mail or social networking site information related to The JO such as route updates, upcoming events, marketing, and promotions. You may opt out of receiving any such e-mails by following the opt out instructions found on Johnson County Transit communications. Any personal information collected by Johnson County Transit may be subject to the Kansas Open Records Act and may be subject to disclosure under certain circumstances. Except as required by law or court order, Johnson County Transit will not sell, assign, or otherwise disclose your personal information to third parties. Personal information does not include information that is not used to identify you including aggregate or anonymous information.
The wireless carrier and/or The JO have the right, but are not obligated, to strictly enforce this Agreement. The JO and the wireless carrier reserve the right to act immediately and without notice to restrict, suspend or terminate the Services, if they reasonably determine that your conduct may:(1)expose The JO or the wireless carrier to sanctions, prosecution, civil action or other liability; (2)cause harm to or interfere with the integrity or normal operations of the Services or the wireless carrier’s network; (3)interfere with another customer's use of the Services; (4)violate any applicable law, rule or regulation; or (5)violate any of the terms and conditions of this Agreement. This Agreement constitutes the entire agreement between you, The JO and the wireless carrier with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of Kansas and venue shall be in the District Court of Johnson County, Kansas.