This Use Agreement is effective when you accept it and terminates when your session on the Wi-Fi System is terminated. Certain provisions of the Use Agreement may last past termination of your session. To use the Wi-Fi System, you will need to agree to this Use Agreement during each separate visit to our facility. We may cancel this offering and/or your access to our Wi-Fi System at any time and for any or no reason, without notice to you.
The Wi-Fi System is provided on a non-exclusive, “as-is” basis solely for your personal, non-commercial use (unless otherwise specifically stated in this Use Agreement) and you shall not reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your access to, or use of, the Wi-Fi System, or any portion thereof. You have no right to sublicense, assign or transfer your right to access or use the Wi-Fi System. In using our Wi-Fi System, you will not post, download or communicate illegal or objectionable material, including but not limited to material that is immoral, scandalous, or otherwise shocks the public conscience, in our sole discretion. You are responsible for your actions and the actions of others who access or use the Wi-Fi System using your device.
You acknowledge that, like most public access systems, the Wi-Fi System is not secured, and the information you send or receive on the Wi-Fi System may be intercepted by third parties, and that neither we nor any of the other Released Parties (defined below) are responsible to you for providing secure or error free access to the internet or otherwise. There may be interruptions in service caused by us or other parties. You may recover no damages at all from the Released Parties under any theory based on your use of the Wi-Fi System.
The rights granted to you in this Use Agreement do not constitute a license or grant of rights to you in any way to use the content on any of our and/or our parents, affiliates, subsidiaries or related entities’ digital platforms, including but not limited to www.pacers.com, www.gainbridgefieldhouse.com, www.feverbasketball.com, www.fortwayne.gleague.nba.com, www.pacersgaming.nba.com, and www.pacersfoundation.org and you may not copy, distribute or otherwise make use of such content in any way whatsoever. All information, documents, products, and software (the “Materials”) provided as part of, or in connection with, the Wi-Fi System were provided by or to us by our respective manufacturers, authors, developers, licensees and vendors (the “Third Party Providers”) and all right, title and interest therein (including, without limitation, copyright) are the property of us and/or the applicable Third Party Providers. Except as expressly stated in this Use Agreement, 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 our prior express written permission and/or the prior express written permission of 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 Wi-Fi System, whether by estoppel, implication, or otherwise. You are also prohibited from “mirroring” any Material provided with the Wi-Fi System on any other server absent our express prior written permission.
While we provide this Wi-Fi System to you free of charge at this time, we may decide to charge for your use in the future. We will not charge you without your express consent.
Your acceptance of this Use Agreement by using the “Accept and Continue” button is just as effective as a pen-and-ink signature, and you expressly acknowledge the enforceability of this Use Agreement. This Use Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Use Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Use Agreement contains the full expression of the agreement between you and us regarding its subject matter. Our failure to exercise or enforce any right or provision of this Use Agreement shall not constitute a waiver of such right or provision. If any provision of this Use Agreement 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, which shall remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the access or use of the Wi-Fi System or this Use Agreement must be filed within one (1) year after such claim or cause of action arose.
Any dispute over this Use Agreement will be brought in a court of competent jurisdiction in Marion County, Indiana, and this Use Agreement shall be governed by Indiana law without regard to its internal rules on the conflicts of laws. Jurisdiction for any claims arising under this Use Agreement shall lie exclusively with the state or federal courts in Indianapolis, IN.
To the fullest extent permitted by applicable law, no claim under this Use Agreement may be joined to any other claim, including any legal proceeding involving any other current or former user of the Wi-Fi System, and no class action proceedings will be permitted.
You forever release, discharge and hold us, Pacers Basketball, LLC, Fever Basketball, LLC, Pacers Basketball Development, LLC, Pacers Esports, LLC, Pacers Foundation, Inc. the City of Indianapolis, the Capital Improvement Board of Managers of Marion County, Indiana, the Marion County Convention and Recreational Facilities Authority, the National Basketball Association and its Member Teams, the Women’s National Basketball Association and its Teams, NBA Properties, Inc., NBA Media Ventures, LLC, WNBA Enterprises, LLC, NBA Development League, LLC, the NBA 2K League and the aforementioned parties’ respective parents, affiliates, subsidiaries and related entities (collectively, the “Releasees”), and the Releasees’ respective principals, shareholders, owners, members, partners, officers, directors, governors, employees, representatives, tenants, agents, sponsors, licensees, contractors, successors, assigns and agents (collectively with the Releasees, the “Released Parties”) harmless from any and all damages that occur to your device when you are on our Wi-Fi System. You shall defend, indemnify and hold the Released Parties and their respective insurers harmless from and against any and all claims, liabilities, losses, charges, demands, actions, cause of action, penalties, damages, costs, judgments, and/or expenses (including but not limited to attorneys’ fees and other legal fees) arising out of or resulting from your use of the Wi-Fi System. You should have up-to-date virus and other types of hardware and software protection on your wireless devices when you use our Wi-Fi System.
UNLESS OTHERWISE EXPLICITLY STATED IN THIS USE AGREEMENT, THE WI-FI SYSTEM IS PROVIDED “AS IS.” ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED TO THE FULLEST EXTENT ALLOWABLE BY LAW. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, ACCURACY OR COMPLETENESS OF THE WI-FI SYSTEM, OR ANY OF THE MATERIALS PROVIDED WITH THE WI-FI SYSTEM. WE PROVIDE NO WARRANTIES RELATED TO THE WI-FI SYSTEM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE RELEASED PARTIES 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 WI-FI SYSTEM 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 ANY OF THE RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, THE RELEASED PARTIES’ SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO US BY YOU FOR USE OF THE WI-FI SYSTEM.
Our decisions with respect to interpretation of this Use Agreement and appropriate remedial actions are final and determined by us in our sole discretion. Without limiting anything set out elsewhere in this Use Agreement, we 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. We assume no obligation to inform you that your information has been disclosed, and, in some cases, may be prohibited by law from providing such notice.