TERMS OF USE

Last Updated: April 23, 2018

These Terms of Use (“Agreement” or “Terms”) constitute a legally binding agreement between you (personally, on behalf of you by your parent(s) or legal guardian(s), or, if applicable, on behalf of the entity for whom you are accessing the WIFI service, collectively, “you”), and Kiel Center Partners, L.P., the provider of the WIFI service to which these Terms of Use relate (the “Service”) at the arena currently known as the Enterprise Center (the “Arena”), and its affiliates (collectively with Kiel Center Partners, L.P., the “Service Provider” or “we”) governing your access to and use of the Service. Only current guests at the Arena may use the Service.

BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST AT THE ARENA AND ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND THE TERMS OF USE AND PRIVACY POLICY ACCESSIBLE AT HTTP://BLUES.NHL.COM/, THE TERMS OF WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM, INCLUDING WITHOUT LIMITATION THE LIMITATION OF LIABILITY PROVISIONS CONTAINED THEREIN. IF YOU ARE NOT A CURRENT GUEST AT THE ARENA OR YOU DON’T UNDERSTAND OR DO NOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS SERVICE AND YOU MAY NOT USE OR ACCESS THIS SERVICE.

By using this Service you are representing and promising to us, that either (i) you have the legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity, or are otherwise able to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) (“Guardian(s)”) have consented to your use of this Service and accept this Agreement on your behalf, and that you (or your Guardian(s), as applicable) are responsible for the activity and conduct of anyone that you permit to use this Service.

In consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree that this Agreement is for the joint and several benefit of Kiel Center Partners, L.P., its affiliates and their respective third party providers in connection with the Service, including without limitation Cisco Systems Capital Corporation (collectively with Kiel Center Partners, L.P. and its affiliates, the “Providers”), each of whom shall have the right to enforce the terms of this Agreement.

1.              SERVICE ACCESS. Subject to your compliance with this Agreement, we grant you limited, non-exclusive, non-sublicensable, non-transferable, and revocable access to the Service for only your personal use, and as we otherwise intend. We reserve the right to monitor the Service for the purpose of determining that your usage complies with this Agreement. When accessing the Service at the Arena, acceptance of this Agreement will be required at the beginning of each session. There may be time limits associated with access to the Service and/or in connection with access to Service with certain devices. Unless otherwise noted, there are no fees charged by Service Provider to use the Service. You may, however, be responsible for data usage or other fees owed by you to your mobile carrier. This Service is intended only for individuals 13 years of age or older. If you are between 13 and 18 years of age, this Service may only be used by you with the permission of your Guardian.
2.              CONSENT TO MONITORING. SERVICE PROVIDER, ON BEHALF OF ITSELF AND EACH OTHER PROVIDER, RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT EACH PROVIDER MAY, MONITOR YOUR COMMUNICATIONS AND ACTIVITIES (INCLUDING THEIR CONTENT) DURING TRANSMISSION, AND IN CONNECTION WITH YOUR ACCESS AND USE OF THIS SERVICE, INCLUDING WITHOUT LIMITATION INFORMATION ABOUT DEVICES YOU USE TO ACCESS THE SERVICE (INCLUDING WITHOUT LIMITATION DEVICE TYPE, DEVICE LOCATION AND DEVICE MEDIA ACCESS CONTROL IDENTIFICATION INFORMATION), USAGE TIMES AND VOLUME. EACH PROVIDER MAY USE AND DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ADMINISTERING THE SERVICE AND PROVIDING SERVICE FUNCTIONALITY, ANALYZING USAGE, COORDINATING ACTIVITIES AND COMMUNICATIONS WITH MARKETING PROGRAMS AND SERVICES, ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, IN COOPERATION WITH LEGAL AUTHORITIES, AND AS OTHERWISE REQUIRED TO PROTECT EACH PROVIDER'S RIGHTS, PROPERTY AND INTERESTS. WHILE GENERALLY ANONYMOUS AND/OR AGGREGATED, THIS INFORMATION MAY BE ASSOCIATED WITH YOUR USE OR SERVICE ACCOUNT INFORMATION, AS APPLICABLE. SEE THE PRIVACY POLICY AND TERMS OF USE ACCESSIBLE AT HTTP://WWW.ENTERPRISECENTER.COM REGARDING HOW THAT INFORMATION WILL BE USED.
3.              AUTHORIZED USE. You agree that you are authorized to use this Service solely while you are a guest at the Arena, subject to the terms and conditions of this Agreement, and that you are responsible for your actions and activities while using this Service. You agree not to use this Service to engage in any Prohibited Conduct. “Prohibited Conduct” means any conduct that is unlawful, infringing, tortious (i.e., conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property. Service Provider requires and expects that you will be, and you agree to be, a good Internet citizen and use good judgment when using this Service.

By way of illustration and not limitation, Prohibited Conduct includes using this Service to, directly or indirectly: (i) interfere with or damage the Service or underlying technology or otherwise violate the security or integrity of, or gain unauthorized access to, this Service or any other service, system or communication, engage in any activity in the nature of hacking or port scanning, or engage in any activity that is in the nature of a “denial of service” attack or otherwise affect/interrupt or attempt to affect/interrupt the operation of the Service in any manner; (ii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iii) send “spam”, chain letters, or other unsolicited communications to any party; (iv) create a “mail drop” for such communications, or engage or permit e-mail relay services (e.g., “open mail relay”); (v) “spoof” or otherwise impersonate any other party, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any communication; (vi) commit fraud; (vii) harass or threaten any party, advocate or otherwise encourage violence against any government, organization, group, individual or property, or provide instruction, information, or assistance in causing or carrying out such violence; (viii) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (ix) send or receive any material that could be considered obscene, pornographic, indecent, threatening, tortious, harassing, hateful or otherwise objectionable; (x) send or receive any material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; (xi) send or receive material containing defamatory, false, or libelous material; (xii) send, receive, download or print any material, whether audio, video or otherwise, that infringes or violates any intellectual property rights, or other right, of any entity or person, including, without limitation, rights with respect to copyrights, patents and/or trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiii) engage in conduct that would expose any Provider to civil or criminal liability; (xiv) engage in any activity that violates any local, state, United States or applicable international law or regulation, (xv) engage in any activity that is harmful to minors, or permit a minor to use this Service to access any content intended for adults; (xvi) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or (xvii) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct is meant to serve as examples of prohibited conduct and is not intended to be and should not be construed to be exhaustive.

4.              UNAUTHORIZED USE. Without limiting any other available right or remedy of any Provider, you agree that each Provider shall have the right to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of the Service and to otherwise protect its interests (e.g., removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to each Provider for any damages incurred or amounts that are required to be paid by such Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages of any third parties and reasonable attorneys' fees and costs of enforcement.
5.              INDEMNIFICATION. You agree to indemnify, defend, and hold harmless each of the Providers and their respective directors, officers, employees and agents (“Indemnified Parties”), from and against any and all claims, damages, actions, demands, losses, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and court costs, arising out of or resulting from your breach of any warranty, promise you provide or other provision of this Agreement, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Service Provider reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Service Provider (or, if requested by Service Provider, any other Provider) in asserting any available defenses. You may not settle any claim related to the Service or this Agreement without our express written consent.
6.              SECURITY AND PRIVACY. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that no Provider makes any assurances that your communications, or activities while using the Service, or your use of any information or data obtained by you by accessing this Service will be (or will remain) private or secure, and you further agree that no Provider assumes any responsibility in that regard. You agree that you, and not any Provider, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you via this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your accounts, usernames and passwords.
7.              WARRANTY DISCLAIMERS. USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO OUR GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU FURTHER ACKNOWLEDGE AND AGREE THAT EACH PROVIDER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE; (iv) NON-INFRINGEMENT, (v) WORKMANLIKE EFFORT, (vi) QUALITY, (vii) ACCURACY, (viii) TIMELINESS, (ix) COMPLETENESS, (x) QUIET ENJOYMENT, (xi) NO ENCUMBRANCES OR LIENS, OR (xii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF ANY PROVIDER IS ON NOTICE OF SUCH PROBLEMS. NO ADVICE OR INFORMATION GIVEN BY ANY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR FOR ANY LOSS OF DATA. WE MAKE NO REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE YOUR DESIRED RESULTS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.

The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of the Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Third parties may offer their services directly to you or through the Service. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the Service. No Provider will be liable in any way for the acts or omissions of such third party, their terms of service or privacy policy or failure to adhere to the same, or any loss, damages, liability or expense (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.

8.              LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED FOR YOUR CONVENIENCE. NO PROVIDER SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, ITS FEATURES OR CONTENT, EVEN IF ANY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE PROVIDERS COLLECTIVELY ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (i)YOUR DIRECT DAMAGES (IF ANY), OR (ii) FIFTY DOLLARS ($50.00). YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DAMAGES FROM ERROR, OMISSION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR SERVICE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY A PROVIDER’S OWN NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, HOWEVER STATED. UNDER NO CIRCUMSTANCES SHALL ANY PROVIDER BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN EVENT BEYOND ITS REASONABLE CONTROL. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
9.              CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that each Provider may, at any time and for whatever reason, change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. Service Provider also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms. Provisions that by their nature should survive termination shall survive termination of this Agreement for any reason.
10.           INTELLECTUAL PROPERTY; INFRINGEMENT. As between you and Service Provider, all trademarks, service marks and logos contained therein, the design of the Service and all software and other technology used to provide the Service are owned by or licensed to any Provider. We reserve all rights not expressly granted herein. This Agreement prohibits the infringement of the copyrights of others. Service Provider is concerned about protecting the copyright and other intellectual property rights of others and we urge you to adhere to all applicable copyright laws. We may disable or terminate any user and remove or modify any ability to obtain certain content through this Service in our discretion. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Service infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by providing the following information to Kiel Center Partners, L.P., 1401 Clark Avenue, St. Louis, MO 63103, Attn: IT Manager, Tel: (314) 589-5821, Fax: (314) 622-2588, Email:  wificontact@stlblues.com, as required by 17 U.S.C. § 512: (i) physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed (if multiple copyrighted works are covered by a single notification, provide a representative list of such works); (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit Service Provider to locate the material, providing a URL and screenshots for each item, including the specific asset(s) or page(s) that you claim to be infringing, saying “entire work” ONLY if all assets/pages in a collection/document are infringing and including details of your claim to the material, or your relationship to the material’s copyright holder; (iv) your full name, address, telephone number and email address where we can contact you should we need to clarify, confirm or discuss with you your claim; (v) if true, a signed statement that you have a good faith belief that use of the copyrighted materials described above as the allegedly infringing materials are not authorized by the copyright owner, its agent, or the law; and (vi) if true, a signed statement that, under penalty of perjury, the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner to make this complaint information.
11.           NO OBLIGATION TO RETAIN A RECORD OF YOUR ACCOUNT. Service Provider has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Service.
12.           DISPUTES. If you have any dispute with us, you agree that, before taking any formal action, you will contact us at Kiel Center Partners, L.P., 1401 Clark Avenue, St. Louis, MO 63103, Attn: IT Manager, Tel: (314) 589-5821, Fax:  (314) 622-2588, Email: wificontact@stlblues.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
13.           NOTICES AND ELECTRONIC COMMUNICATIONS. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the sign-on page for the Service or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:  Kiel Center Partners, L.P., 1401 Clark Avenue, St. Louis, MO 63103, Attn: IT Manager, Tel:  (314) 589-5821, Fax:  (314) 622-2588, Email:  wificontact@stlblues.com.
14.           GENERAL PROVISIONS. You agree that: this Agreement and your use of the Service shall be governed by (i) United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Missouri, without regard to conflicts of laws principles, and each Provider shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be (i) the federal and state courts in the State of Missouri in the City of St. Louis, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that this Agreement is solely between you and Service Provider. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Service shall be solely against Service Provider, and not any other party. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by any Provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement constitutes the entire agreement between you and Service Provider regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Service Provider regarding its subject matter.

You expressly consent to the rendering of this Agreement in English.