Updated April 4, 2019
By accessing or using Virgin Trains USA Florida LLC (f/k/a Brightline Trains LLC) ("Brightline" or "we" or "us" or “ours”) Wi-Fi Internet access service, you represent and agree that you are currently a guest of ours. You also acknowledge and agree that you have read all of the information, disclaimers, and provisions stated or referred to in this document below (terms), understand them, and agree to be legally bound by them. If you are not a current guest of ours and/or you do not agree to the terms, you may not access the service.
CONSENT TO MONITORING
We reserve the right to, and you acknowledge and consent that we may (but are not required to), monitor, or authorize a third party to monitor, your communications and activities via the service (including the content) in connection with your use of the service, and may disclose any such information for the purposes of ensuring your compliance with terms, applicable law, cooperation with legal authorities, and otherwise protecting our rights, property and interests.
DISCLAIMER OF WARRANTY
You acknowledge and agree that the service is provided solely as a convenience to you, “as is,” with any and all faults or defects. You further acknowledge and agree that we disclaim all warranties and representations of any kind, whether express, implied or statutory, including without limitation any warranties: (I) of merchantability, fitness for a particular purpose, non-infringement, workmanlike effort, quality, accuracy, timeliness, completeness, title, quiet enjoyment, no encumbrances, no liens, or system integration; or (II) that access to or use of the service or any part thereof will be uninterrupted, error- or defect-free, free of viruses or other harmful elements or features, or secure, or that problems will be corrected, even if we are on notice of such problems. No advice or information given by us or our employees shall create any warranty. 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 for your use of this 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.
LIMITATION OF OUR LIABILITY
(A) You acknowledge and agree that the service is provided as a guest privilege solely for your convenience and does not impose liability of any kind or in any amount on us including without limitation, liability for any direct, indirect, special, consequential, incidental, punitive or exemplary damages (including, without limitation, lose profits, loss of business, business interruption, loss of data, or other similar damages) arising out of or related to this agreement or the service; even if we are advised of the possibility of any such damages.
(B) You specifically waive any and all claims against us related in any manner to your use of the service.
(C) You further agree that if for any reason any of the foregoing limitations of liability or waiver are determined to have failed in their essential purpose or are otherwise deemed to be unenforceable, then the maximum aggregate, cumulative liability of ours, arising out of or related to the terms of this agreement and this service, shall not exceed your direct damages, if any, up to fifty dollars ($50).
(D) You agree that the limitations and waivers in this section shall be deemed to apply to all causes of action and all legal theories, without regard to whether the claims of damages arise from: (I) breach of contract, breach of warranty, negligence or other torts or (II) any other cause of action, however stated.
TERMINATION OF SERVICES & UPDATES TO THIS AGREEEMENT
You agree that we may, at any time and for any reason, change, terminate, limit or suspend this service (in whole or in part) or your access to this service. Upon any termination, your rights to use this service will immediately cease. We also reserve the right to update or revise this agreement at any time without prior notice, and you agree that we may do so. Your continued use of this service following an update to this agreement signifies your acceptance of its revised terms.