While you are at a TARRA location, you may utilize on site IT services, including but not limited to, our data network , the internet, the Nexudus platform (“Nexudus”), conferencing equipment, printers, and other electronic system that can be used to store, process or transmit data (“Connection”). The Connection is provided to you through your TARRA membership or purchase of a temporary pass to a TARRA location. You may also be required to download the TARRA app to manage your account (“App”). The App and Nexudus may require users to allow specific devices settings and permissions to operate. By using or accessing the Connection and the App, you agree to the terms of this policy (“IT Policy”). Please read this IT Policy carefully. We may revise these terms at any time, with or without notice. You are deemed to accept the current IT Policy each time you use or access the Connection, and it is your responsibility to review it for any changes. If you do not accept the terms of this IT Policy, you may not use the Connection.
ACCESS Your access to the Connection is at our discretion. Your access may be blocked, suspended, or terminated at any time and for any reason, including violation of the terms of this IT Policy, disruption of access to other users or networks, or to otherwise protect TARRA, our Members, or other third parties. The Connection is available to your device only when it is within wireless range of our access points, in your office, a conference room, or through an approved data port. The Connection is generally subject to unavailability either through planned maintenance or for reasons beyond our control, including by reason of emergencies, service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. We are not responsible for any losses or damages you may incur as a result of: (i) your use of the Connection, or (ii) any interruptions or performance issues with the Connection or the underlying network(s), transmission equipment and systems. Network speed will vary based on your device configuration, location, compression, network congestion and other factors. You are solely responsible for any devices, software, or other materials necessary for use of the Connection. Further, any identified prohibited uses may result in the removal of obscene/offensive content, account deactivation, or access/usage termination.
PROHIBITED USES You agree not to, and are prohibited from, accessing or using (or attempting to access or use) the Connection or taking any action online that violates any applicable law or that could harm TARRA, Members, or any third party or interfere with the operation of the data network to others (“Prohibited Uses”). For example, among other items, you may not:
- upload or transmit through the Connection any: (a) any malware, including but not limited to, computer viruses, worms, spam or anything else designed to interfere with or disrupt the normal operating procedures of a computer or network; or (b) any material which is defamatory, offensive, or of an obscene nature;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that violates or threatens or system or network security or that of our users or any third parties, including any attempt to circumvent any restrictions imposed on your access to or use of the Connection or our other websites;
- use the Connection to infringe or violate the intellectual property rights or proprietary rights of any third party;
- use the Connection to in any way that causes, or may cause, damage to the Connection or impairment of the availability or accessibility of the Connection;
- share your IP address or ISP Internet Connection with anyone;
- reproduce, retransmit, disseminate, or resell the Connection or authorize any other individual or entity to use the Connection, whether for profit or not, without our express written permission;
- upload, share, host, etc. content that is obscene or otherwise offensive;
- upload, share, host, display, modify, publish, update, or transmit information of the following nature:
- Information belonging to another person, over which the user has no right;
- Information which is grossly harmful, harassing, blasphemous, obscene, pornographic, pedophilic, libelous, hateful or otherwise unlawful in any manner;
- Information which encourages or relates to money laundering or gambling;
- Information which may harm minors in any way;
- Information which infringes any intellectual or proprietary rights;
- Information which is deceptive, menacing or grossly offensive;
- Information which impersonates another person;
- Information which contains any computer virus or other computer contaminant; and/or
- Information which incites the commission of an offense or which prevents the investigation if any offense.
Using the Connection for Prohibited Uses may result in civil or criminal liability. TARRA may report such breaches to relevant law enforcement authorities and cooperate with those authorities to prosecute users who violate these terms. We have the right, but not the obligation, to suspend or terminate your access and use of the Connection and other services we may provide you and to block or remove any communications or materials transmitted through the Connection.
Assistance to Government Agencies In accordance with applicable law, we may be obligated to provide all available information and any assistance that may be required by Government agencies for the prevention, detection, investigation and prosecution of cyber-crimes and cyber security incidents.
Additional Disclaimers; Liability Limitation We are providing the Connection on an “as is” and “as available” basis. To the extent permitted by law, TARRA disclaims all warranties and terms, express or implied, including warranties, terms or representations as to the availability, operation, security, performance or use of our services and the Connection, or any other materials on or accessed via our services, or the accuracy, speed, availability or uptime of the services, network, or data, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.
You waive any and all claims and rights against TARRA and our affiliates, parents, and successors and each of our employees, assignees, officers, agents and directors (the “TARRA Parties”) resulting from injury or damage to, or destruction, theft, or loss of, any property, to the maximum extent permitted by applicable law. None of the TARRA Parties will be liable to you under any cause of action, for any indirect, special, incidental, consequential, reliance, or punitive damages, including loss of profits or business interruption. You will indemnify the TARRA Parties from and against any and all claims, liabilities, and expenses (including reasonable attorneys’ fees), resulting from any breach of this agreement by you. You shall also indemnify, defend, and hold harmless the TARRA Parties from and against any and all losses, expense, damage, or injury (including, without limitation, all costs and reasonable attorney's fees) that the TARRA Parties may sustain as a result of, or arising out of (a) any of your, your employees, your subcontractors, or your guests’ unauthorized use, disclosure, or breach of protected health information or violation of the Health Insurance Portability and Accountability Act of 1996, as amended.
If you are a Member, to the extent any dispute arises from the services described herein, they shall be brought in the forum, applying the law, described in the Membership Agreement (as may be amended by the terms thereof) signed up by you or the company with which you are affiliated. If you are not a member, to the extent any dispute arises from the services described herein, shall be resolved in accordance with the arbitration rules of JAG then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be Denver, Colorado and shall apply the law of the State of Colorado without regard to conflicts of laws provisions thereof.