Last Updated: 8/21/2024
THIS WIFI POLICY IS AN AGREEMENT THAT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION
This Stadium WiFi Use Policy is a legal agreement ("Agreement") of the terms and conditions between you and the Kansas City Chiefs Football Club, Inc. (the "Club") or Arrowhead Events, LLC or the National Football League (collectively, "Management") or all three governing your access to and use of the wireless internet service (the "Service") at Arrowhead Stadium and its surrounding environs (including the parking lots)(the "Stadium") that Management provides to ticket holders and other guests who agree to this Agreement and utilize the Services provided ("Users").
BY ACCESSING OR USING THE SERVICE, YOU 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 DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICE. For purposes of your using the Service, Management assumes (and by using the Service you warrant) that either you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity or are otherwise entitled to be legally bound in contract), or that your parent or guardian has consented to your use of the Service and accepted this Agreement. You are agreeing to this Agreement in consideration of your use and access to the Service and other good and valuable consideration (the receipt and sufficiency of which are acknowledged), for the benefit of Management and all of its affiliates and service providers ("Management Parties"). As used in this Agreement, the term "Management" includes the Management Parties unless the context otherwise requires.
NO EXPECTATION OF PRIVACY; YOUR RESPONSIBILITY FOR SECURITY AND PRIVACY
You acknowledge and agree that you have no expectation of privacy or security in your use of the Service. You acknowledge that Management makes no assurance that your communications or activities are private or secure, and you agree that Management assumes no responsibility in that regard. You also agree that you are solely responsible for your own privacy and security when using the Service, and for implementing any protections you deem appropriate to protect and secure your privacy, activities, hardware, software and systems.
Management disclaims all liability and responsibility for any virus, spyware, or other malicious code or program that gains access to your device over the Service or any damage resulting therefrom. You are solely responsible for taking measures to prevent infection of your device from viruses and spyware. These measures include, but are not limited to, installing and maintaining on your device up to date anti-virus and anti-spyware software and other relevant safeguards that protect against malicious code and programs. If your device is infected with a virus that may harm or disrupt the performance of the Service, our network and information systems, or third party devices, we may immediately stop or suspend your access to the Service without notifying you.
CONSENT TO MONITORING
MANAGEMENT RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT MANAGEMENT MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THE SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THE 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 MANAGEMENT'S RIGHTS, PROPERTY AND INTERESTS.
THIRD-PARTY OPERATED DEVICES
When you visit the Stadium, and use the Service, you may have the capability to connect to a third-party operated wireless internet device owned by select partners of Management. Management does not own or control the third-party devices that you may connect to while you visit the Stadium. In addition, Management disclaims all liability and responsibility for any virus, spyware, or malicious code that gains access to your device or any damages, including, but not limited to direct, indirect, special, consequential, or incidental, that you allege result from your connection to a third-party operated wireless internet device.
AUTHORIZED USE
You agree that you are authorized to use the Service solely while you are a guest of Management at the Stadium (or other location as determined by Management), subject to the terms and conditions of this Agreement. By accepting this Agreement, you are hereby granted the right to use the Service through a non-exclusive, non-transferable and non-assignable limited license. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your use of the Service, any portion of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access the Service.
USAGE LIMITATIONS
Given the limited bandwidth available at the Stadium, the Service may be inappropriate and unavailable for certain content, including but not limited to video downloads, application downloads, software updates, "in-bound" or "outbound" streaming media, downloads of any long-form media, or any other activities that involve use of the Service which Management deems, in its sole discretion, excessive.
USER RESPONSIBILITIES AND PROHIBITED CONDUCT
You agree that you are fully responsible for your activities while using the Service (including for any content, information and other materials you access or transmit via the Service), and that you shall bear all risks regarding use of the Service. You agree not to use the Service to engage in any prohibited conduct. Prohibited conduct is any conduct that is unlawful, infringing, tortuous, offensive or otherwise harmful to (or puts at risk) Management 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.
By way of illustration and not limitation, prohibited conduct includes using the Service, as determined by Management in their sole discretion, to: (i) violate the security or integrity of, or gain unauthorized access to, the Service or any other network, service, site or system; (ii) intercept or interfere with any communication; (iii) impose an unreasonable or disproportionately large load on any systems or infrastructure; (iv) send "spam", chain letters, or other unsolicited communications to any party; (v) create a "mail drop" for such communications, or engage or permit e-mail relay service; (vi) impersonate any other party, falsely stating or misrepresenting your identity or affiliation in any way, or forge, delete or alter any header or other sender identification information; (vii) commit any crime or fraud; (viii) harass, or threaten any party; advocate or otherwise encourage violence, or provide instruction, information, or assistance in causing or carrying out violence; (ix) disseminate viruses, Trojan horses, or other code or programming intended to or actually causing damage, interference with, interception or expropriation of any system, data or personal information; (x) send or receive any material that could be considered harmful, obscene, sexually explicit, vulgar, indecent, lewd, racist, criminal, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful, inappropriate or otherwise objectionable; (xi) 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; (xii) send or receive material containing defamatory, false, or libelous material; (xiii) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity; (xiv) send or receive any material that you do not have a right to make available under law or contractual or fiduciary relationships; (xv) engage in any conduct that would expose Management or its service providers to negative publicity or civil or criminal liability; or (xvi) knowingly or unknowingly assist others in engaging in any prohibited conduct. This list of prohibited conduct is not exhaustive.
RIGHT TO TERMINATE ACCESS; CONSEQUENCES OF UNAUTHORIZED USE
You acknowledge and agree that Management has no obligation to provide the Service, and may terminate the Service at any time for any reason or no reason. Without limiting any other available right or remedy, Management reserves the right to, and you agree that Management 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 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 the Service. You agree that you will be liable to Management for any damages incurred or amounts that are required to be paid by Management that arise out of or are related to your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.
REGISTRATION/CUSTOMER INFORMATION/PASSWORD SECURITY
Any information that you provide to Management must be accurate, including your name, email address, physical address or any other personally sensitive data ("Personal Information"). You are responsible for keeping such information up-to-date and must provide changes promptly to Management. You agree to keep confidential any login credentials and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur using your login credentials or your device. You agree to immediately notify Management if you suspect any breach of security such as loss, theft, or unauthorized disclosure or use of your login credentials.
PRIVACY POLICY
Management takes commercially reasonable steps to protect your Personal Information and your privacy, as described in the Club's privacy policy (https://www.chiefs.com/privacypolicy).
THIRD PARTY CONTENT DISCLAIMER/ LINKS TO THIRD PARTY SITES
Management does not provide, sell, license, or lease any materials other than those specifically identified as being provided by Management. The Service may be linked to other websites which are not under the control of and are not maintained by Management. Management is not responsible for the content of those sites. Management provides these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by Management of those sites.
RESPECTING INTELLECTUAL PROPERTY RIGHTS
This Agreement does not provide you with any rights in or to the intellectual property of Management. Intellectual property includes, but is not limited to, patents, trademarks, copyrights, domain names, Internet Protocol addresses and all intellectual property and other proprietary rights or interests in and to the foregoing. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through Management's websites or any of its products and services. In addition, the Service may not be used to transmit or otherwise distribute any streaming content of any game or event related activities (in whole or in part) (the "Streaming Content") to any commercial enterprise, and/or for any public performance or display of such event or event-related activities. You agree to grant the Management a worldwide, sub-licensable, license to all copyrights associated with the Streaming Content.
SUBMISSIONS
Management has a long-standing company policy that does not allow Management to accept or consider creative ideas, suggestions or materials other than those Management has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Management might seem to others to be similar to their own creative ideas, suggestions or materials. If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, "Information"), the Information shall be deemed, and shall remain, the property of Management. None of the Information shall be subject to any obligation of confidence on the part of Management and Management shall not be liable for any use or disclosure of any Information. Management shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall been titled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
WARRANTY DISCLAIMER
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED AS A CONVENIENCE ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT MANAGEMENT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS; OR (ii) THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF MANAGEMENT IS ON NOTICE OF SUCH PROBLEMS' EXISTENCE. YOU AGREE THAT THERE ARE NO WARRANTIES BEYOND THOSE DESCRIBED IN THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY MANAGEMENT OR ITS 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 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. Management may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the Internet.
LIMITATION OF MANAGEMENT'S LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND ON MANAGEMENT, 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 THE SERVICE; EVEN IF MANAGEMENT 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 ARE HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR ARE OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF MANAGEMENT, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE LESSER OF ANY AMOUNTS YOU PAID FOR THE SERVICE OR FIFTY DOLLARS ($50). (c) YOU AGREE THAT THE LIMITATIONS DESCRIBED HEREIN SHALL BE DEEMED TO APPLY TO ALL CLAIMS; CAUSES OF ACTION; AND LEGAL THEORIES, WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM: (i) BREACH OF CONTRACT OR WARRANTY, (ii) NEGLIGENCE OR OTHER TORTS, OR (iii) ANY OTHER CAUSE OF ACTION.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Management, 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 any warranty you provide herein, or otherwise arising in any way out of your use of the Service. Management 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 Management in asserting any available defenses.
CHOICE OF LAW
This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the laws of the State of Missouri, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce.
DISPUTE RESOLUTION
ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED TO THE SERVICE SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN KANSAS CITY, MISSOURI ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, REGARDLESS OF WHERE YOU RESIDE. YOU AND MANAGEMENT AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOU RIGHT TO A COURT OR JURY TRIAL AND ANY RIGHT TO LITIGATE OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. ANY ARBITRATION AWARD SHALL BE LIMITED TO ACTUAL DAMAGES AND ATTORNEYS' FEES. JURISDICTION FOR ANY FILING OR APPEAL OF AN ARBITRATION AWARD IS APPROPRIATE ONLY IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI. YOU AGREE AND ACKNOWLEDGE THAT ANY DISPUTE, INCLUDING THE FACT AND OUTCOME OF ARBITRATION, IS STRICTLY CONFIDENTIAL. YOU UNDERSTAND THAT THIS CONTRACT CONTAINS A BINDING ARBITRATION CLAUSE THAT MANAGEMENT OR YOU MAY ENFORCE. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU MUST NOT USE THE SERVICE, YOU ALSO MUST LEAVE OR NOT ENTER THE STADIUM. ABSENT YOUR AGREEMENT TO ARBITRATE AND WAIVER OF YOUR RIGHT TO A TRIAL BY JURY, MANAGEMENT WOULD NOT PERMIT YOU TO PURCHASE A TICKET OR ENTER. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.
TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT
You agree that Management may, at any time and for any 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. Management also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that Management may do so. Your continued use of the Service following an update to this Agreement signifies your acceptance of its revised terms.
MISCELLANEOUS
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You agree that this Agreement constitutes the entire agreement between you and Management regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Management regarding its subject matter. The failure by Management to enforce any one or more terms of this Agreement shall not serve as a waiver with respect to any such terms for any future cases or other Service users. Nothing contained herein shall be construed to create any duty or obligation of Management to create, enforce, guarantee, or monitor any users use of the Services. You agree that any notices given by you to Management must be given by postal mail to the Kansas City Chiefs Football Club, Inc., ATTN: Director of Information Technology, One Arrowhead Drive, Kansas City, MO 64129.