This is a binding legal agreement (“Agreement”) between you and the Lexington-Fayette Urban County Airport Board (“Airport Board”) governing your access to and use of this Wi-Fi Service (“Service”). “Third Party Provider” means the third party providing the Service.

By clicking your acceptance, or by accessing or using this Service, you acknowledge that you have read this Agreement, understand it, and agree to be legally bound by it. If you do not agree to or understand this Agreement, then you may not use or access this Service.

By using this Service you warrant and promise, that either (i) you have legal capacity to enter into this Agreement, or (ii) that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use this Service.

1. Unless otherwise noted, there are no fees charged by Airport Board to use the Service, however there may be data usage or other fees owed by you to your mobile carrier. This Service is intended for individuals 13 years of age or older; if you are between 13 and 18, please use this Service with the permission of a parent or guardian.
2. CONSENT TO MONITORING. Airport Board and the Third Party Provider reserve the right to, and you acknowledge and consent, that Airport Board and/or the Third Party Provider may (but are not required to) monitor your communications and activities via this Service (including their content) during transmission, and in connection with accessing and the use of this Service, including without limitation information about devices through which you access the Service (including without limitation device type and device media access control identification information), usage times and volume. Airport Board and the Third Party Provider may use and disclose any such information for purposes of administering the Service and provide Service functionality, analyzing usage, ensuring your compliance with this agreement, applicable law, in cooperation with legal authorities, and as otherwise required to protect Airport Board’s and the Third Party Provider’s rights, property and interests. while generally this information is anonymous and/or aggregated, this information may be associated with your account information.
3. AUTHORIZED USE OF THIS SERVICE. You agree not to use this Service to engage in any Prohibited Conduct. Broadly stated, “Prohibited Conduct” is any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (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.
4. You agree to indemnify, defend, and hold harmless Airport Board, the Third Party Provider and their respective affiliates, officers, directors, shareholders and employees, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of the Service, including, but not limited to, using the Service for Prohibited Conduct. Airport Board 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 Airport Board and/or the Third Party Provider in asserting any available defenses.
5. CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, Airport Board and the Third Party Provider reserve the right to, and you agree that Airport Board and/or the Third Party 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.
6. YOU ARE RESPONSIBLE FOR YOUR SECURITY AND You understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Airport Board and the Third Party Provider make no assurances that your communications, or activities while using the Services, 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 fu1ther agree that Airport Board and the Third Party Provider assume no responsibility in that regard. You agree that you, and not Airport Board or the Third Party 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 account(s), username(s) and password(s).
7. DISCLAIMER OF WARRANTIES. You acknowledge and agree that this service is provided solely as a convenience to airport users, “as is”, “with all faults”, and “as available”. You further acknowledge and agree that Airport Board and the Third Party Provider disclaim to the fullest extent permitted by applicable law all warranties and representations of any kind, whether express, implied or by law, statutory or otherwise, including without limitation any warranties of: (i) merchantability, (ii) fitness for a particular purpose, (iii) non-infringement, (iv) workmanlike effort, (v) quality, (vi) accuracy, (vii) timeliness, (viii) completeness, (ix) title, (x) quiet enjoyment, (xi) no encumbrances, (xii) no liens, (xiii) system integration or (xiv) that access to or use of this service or any part thereof will be uninterrupted, error or defect free, free of viruses or other harmful code, or secure, or that problems will be corrected, even if Airport Board or Third Party Service provider is on notice of such problems. you further agree and understand that there are no warranties that extend beyond the face of this agreement; no advice or information given by Airport Board, the Third Party Provider or their respective employees or agents, shall create any warranty, guaranty, promise, or otherwise. 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.

   You agree that you assume full responsibility and risk of use of the Services 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. Airport Board or the Third Party Provider may, but need not, provide screening of certain materials.

8. LIMITATION OF AIRPORT BOARD’S AND THE THIRD PARTY PROVIDER’S LIABILITY. (a) You acknowledge and agree that this Service is provided as a privilege, solely for convenience, and use of the Service does not impose liability of any kind (or in any amount) on Airport Board or the Third Party Provider, including without limitation, 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 Airport Board or its Third Party Provider is advised of the possibility of any such damages. (b) You further agree that 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 Airport Board and its Third Party Provider arising out of, or related to, this agreement and the use of the service shall not exceed the lesser of (l) your direct damages (if any), or (II) fifty dollars ($50.00). (c) You agree that the limitations in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the damages arise from: (i) breach of contract, breach of warranty, gross negligence, negligence or other tortious conduct, (ii) damages from error, omission, interruption, 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 Airport Board’s or the Third Party Provider’s own negligence, or (iii) any other cause of action, however stated.
9. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS. You agree that Airport Board or the Third Party 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. Airport Board 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. Sections 4, 7, 8, 9, and 10, and any other provisions that by their nature should survive termination, shall survive termination of this Agreement for any reason.
10. You agree that: this Agreement and your use of the Service shall be governed by (i) the laws of the Commonwealth of Kentucky, without regard to conflicts of laws principles, and Airport Board and/or its Third Party 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 Commonwealth of Kentucky in Fayette County, 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 Airport Board. Further, you agree that any action you bring that arises from, or relates to, the Service must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. 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/or the spirit of this Agreement and the remainder of this Agreement will continue and shall remain in full force and legal effect. Any failure by Airport Board or Third Party 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 Airport Board regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Airport Board regarding its subject matter. You agree that any notices by you to Airport Board must be given by postal mail to Blue Grass Airport, 4000 Terminal Drive, Suite 206, Lexington, KY 40510.