Conditions of Use

California HotSpot End User Terms and Conditions of Use

1. Acceptance of T&C's by Use. Your electronic acceptance on the California HotSpot web site, or your use of the California HotSpot constitutes your acceptance of the T&C's. Your electronic acceptance of the T&C's shall have the same force and effect as if you had actually signed the T&C's.
   
   
2. California HotSpot Availability. Actual California HotSpot wireless access, coverage, speeds, locations and quality may vary. The California HotSpot is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. The State of California ("State") is not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the California HotSpot or communications services or networks (e.g., T-1 lines or the Internet). The State may impose usage limits, suspend access, or block certain kinds of usage in our sole discretion to protect the California HotSpot. The accuracy and timeliness of data transmitted or received is not guaranteed; delays or omissions may occur.
   
   
3. Use of California HotSpot. You agree not to use or attempt to use the California HotSpot for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to the State, its employees, facilities, or to any person.
   
   
4. Disclaimer of Warranties. THE CALIFORNIA HOTSPOT IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE CALIFORNIA HOTSPOT.
   
   
5. Limitation of Liability. The State shall not be liable for any deficiency in performance caused in whole or in part by the act or omission of the California HotSpot, an underlying carrier or service provider, dealer, equipment or facility failure, network problems, interference, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond our control.
   
   
6. Privacy and Security. Wireless systems use radio channels to transmit voice and data communications over a complex network. Privacy cannot be guaranteed, and the State is not liable to you or any other party for any lack of privacy you experience while using the California HotSpot. If you use the California HotSpot in a public location, you understand that others may be able to see and observe your use of the California HotSpot.
   
   
7. Severability. All terms and provisions of these T&C's are independent of each other. If any term or provision of these T&C's is held to be inapplicable or unenforceable, then: (a) such term or provision shall be construed, as nearly as possible, to reflect the intentions of the State with the other provisions remaining in full force and effect, (b) the T&C's will not fail their essential purpose and (c) the balance of the terms and provisions shall remain unaffected and in full force and effect, unless the State's obligations hereunder are materially impaired, in which event the State reserves the right to terminate the T&C's and the California HotSpot.
   
   
8. Entire Agreement and Applicable Law. The T&C's represents the final and entire agreement between users and the State regarding the California HotSpot. You represent that you are of legal age and have the legal capacity to agree to the T&C's. The T&C's are governed by the laws of the State of California. Foreign laws do not apply.