This is an agreement (“Agreement”) between you and NewMarket Corporation (“NewMarket”) governing your access to and use of this Wireless High-Speed Internet Service (the “Service”) that NewMarket is providing to you as a guest. ONLY CURRENT GUESTS OF NEWMARKET MAY USE THIS SERVICE.
Acceptance of Terms.
BY CLICKING YOUR ACCEPTANCE OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF NEWMARKET AND ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of NewMarket and/or you do not agree to this Agreement, you may not use or access this Service. You warrant that you have legal capacity to enter into this Agreement. You are agreeing to this Agreement in consideration of your use and access to this Service and other good and valuable consideration, for the benefit of NewMarket and all of its affiliates. “Site” means the NewMarket or affiliate location where you are accessing this Service.
Consent to Monitoring.
NEWMARKET RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT NEWMARKET MAY MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THIS SERVICE, AND MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, COOPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING NEWMARKET’S RIGHTS, PROPERTY AND INTERESTS.
Authorized Use of Service.
You agree that you are authorized to use this Service solely while you are a guest of NewMarket, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using this Service (including for any content, information and other materials you access or transmit via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any prohibited conduct. Prohibited conduct is any conduct that is unlawful, infringing, tortious or that is harmful to NewMarket or any other party or property; that violates another party’s intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
You agree to indemnify, defend, and hold harmless NewMarket, its subsidiaries, agents, distributors, service providers and affiliates, and their respective officers, directors, shareholders and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement or otherwise arising in any way out of your use of this Service.
Consequences of Unauthorized Use.
Without limiting any other available right or remedy, NewMarket reserves the right to: (i) take such actions as it deems appropriate to protect against violations of this Agreement or abuse of this Service (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to NewMarket for any damages incurred or amounts that are required to be paid by NewMarket that arise out of or are related to your violation of this Agreement.
Security and Privacy.
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 generally. You acknowledge that NewMarket makes no assurance that your communications or activities will be or will remain private or secure, and agree that NewMarket assumes no responsibility in that regard. You agree that you, and not NewMarket, are solely responsible for your own privacy and security in using 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.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO NEWMARKET GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEWMARKET (INCLUDING AFFILIATES) 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, OR SYSTEM INTEGRATION; OR (ii) 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 NEWMARKET IS ON NOTICE OF SUCH PROBLEMS.
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. NewMarket may, but need not, provide screening of certain materials.
Limitation of NewMarket’s Liability.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A GUEST PRIVILEGE SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND OR IN ANY AMOUNT ON NEWMARKET (INCLUDING AFFILIATES), INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, EVEN IF NEWMARKET IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Termination of Service.
You agree that NewMarket 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.
You agree that this Agreement and your use of this Service shall be governed by the laws of the Commonwealth of Virginia, without regard to conflicts of laws principles. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) will be deemed superseded by a valid, enforceable provision that most closely serves the intent of the original provision, and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement constitutes the entire agreement between you and NewMarket regarding its subject matter.