Terms & Conditions

GatorTec takes your privacy very seriously. Our privacy commitments are fundamental to the way we do business every day. This applies to the information you voluntarily provide to us and applies to everyone who has a relationship with GatorTec – including customers, vendors, job applicants, employees, and web site visitors.

WHAT INFORMATION WE COLLECT

As part of our business, we obtain certain personal information from you in order to provide a product or service to you, or consider you for employment. This information may include that which we receive from you on credit applications, job applications, insurance or other applications, and background check or drug test consent forms. The information collected may include, but is not limited to, financial information, social security numbers, driver’s licenses, addresses, and medical information.

Do Not Track: Do Not Track (DNT) is a privacy preference that users can set in their web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals, and, therefore, GatorTec does not recognize DNT.

WHAT INFORMATION WE DISCLOSE

We will not sell your personal information to anyone, for any purpose. We do not disclose nonpublic personal information to anyone, except as permitted by law and for legitimate business purposes. The limited circumstances under which we are permitted by law to disclose personal information include: information necessary to service or process a product or service that you requested or authorized; to your legal representative; in response to a subpoena; to comply with federal, state, or local laws; and to protect against fraud. We are also permitted to disclose information to companies that perform services for us and with whom we have a non-disclosure agreement. For instance, we may have service providers with whom we contract certain financial services or that store files.

OUR SECURITY PROCEDURES

To protect your privacy, we collect only relevant information and make every effort to keep personal information safe. All of our employees and contractors are required to respect your privacy. We do not provide access to any employee or contactor who has not agreed to our non-disclosure policy. We maintain physical, electronic, and procedural safeguards that comply with state and federal regulations to guard your personal information.

All new products carry their own manufacturer’s warranty.

Any new unopened product may be refunded or exchanged within 10 days of the original purchase date. Opened items may be returned within 10 days subject to a 10% restock fee and must be in new, unused condition with all original undamaged packing materials. Opened iPods and iPads may be returned within 10 days subject to a 15% restock fee. Speciality ordered items may be returned within 10 days subject to a 25% restock fee. Printers with opened ink or toner are subject to a 30% restock fee. Batteries, cables, screen protectors, single-use products, software, in-ear or over-ear headphones, open box, EV Vehicles (including OneWheels), sale & clearance items are not returnable. Labor & Training costs are not refundable. No refunds or exchanges after 10 days of purchase.

AppleCare+ and GatorGuard products are nonrefundable through GatorTec. For AppleCare+ refunds, please call 800-APL-CARE, for GatorGuard refunds, please call Safeware at 800-800-1492. Prices are subject to substantial change without notice. All prices are final at time of sale.

Minimum $25 fee for returned checks plus bank charges. Unless otherwise stated in a signed contract, invoice shall be paid in full within 15 days of its creation.  If charges are not paid in full by their due date, a finance charge of 1.5% per month (18% annum) will be charged to the customer.

No in-store cash refunds on purchases over $100. GatorTec will refund any sale over $100 by check mailed to customer within 7 to 10 business days.

Dispute Resolution by Binding Individual Arbitration

ANY DISPUTE INVOLVING YOU AND GATORTEC OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.

“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with GatorTec and its subsidiaries, affiliates, and designees whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. This includes (1) In-Home Consultations; (3) use of GatorTec’s websites; (4) any service terms and conditions; and/or (5) any products or services offered, sold, or distributed by GatorTec including, but not limited to, the advertising of or the sales practices for such products and services.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.

Either Party may initiate an arbitration proceeding by sending a demand to the American Arbitration Association (AAA) that describes the basis for the claim. You may serve a copy of a demand at GatorTec, LLC, 5218 SW 34th St., Gainesville, FL 32608. The arbitration will be governed by the AAA’s Consumer Arbitration Rules or Commercial Arbitration Rules (collectively, the “AAA Rules”), as appropriate, and as modified by these Terms, and will be administered by the AAA. The AAA Rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, however we will reimburse those fees (but not any attorney’s fees) for claims totaling less than $1,000 unless the arbitrator determines your claims are frivolous. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse GatorTec for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.

YOU AND GATORTEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and GatorTec agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall be stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.

If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.

This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.

Applicable Law

THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF MINNESOTA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND APPLY TO ANY DISPUTES AGAINST GATORTEC.

Mac computers purchased after November 2017 – Accidental damage for the first 36 months is covered by AppleCare+, assuming you purchased AppleCare+ on your device. Deductibles for AppleCare+ are established by Apple and customer is required to pay at time of service. In the event you purchased GatorGuard wrapper for 36 months, then SafeWare will cover your deductible for the first 36 months, while your machine is under AppleCare+. if you purchased the 48 month plan, then SafeWare will cover your deductible for the first 36 months and then provide all warranty coverage for the last 12 months (months 37-48)

Mac computers purchased prior to November 2017 – Accidental damage is provided by SafeWare. AppleCare Protection Plan is required in order to attach SafeWare accidental damage coverage. $250 deductible required at the time of service event. One-time battery replacement up to $75 value (Macbook Pro/Air) included. One-time $50 maintenance checkup (iMac, Mac Mini, Mac Pro) included.

These are the Terms and Conditions governing the repair of your product by GatorTec, LLC (“GatorTec”). 

1. GatorTec will repair your product as described and for the charges shown on the reverse side (unless such charges are revised with your oral or written consent). When the product is covered by warranty or an extended service contract, such as the AppleCare Protection Plan, GatorTec will perform repairs under the terms of the warranty or the extended service contract, provided that you have presented satisfactory proof of the product’s eligibility for such repairs. You will be responsible for any additional charges applicable under your product’s warranty or extended service contract described on the reverse side, including any applicable tax. GatorTec may subcontract with other service providers for the repair of your product.

2. Unless your product is repaired under warranty or extended service contract without charge, you will pay GatorTec the amount shown on the reverse side. Your payment is due when the product is returned to you. Unless specified otherwise, the estimated amount includes all parts, labor, and certain transportation required for the repair of the product plus any applicable tax. GatorTec may hold you responsible for the diagnostic fee on the reverse side, plus any applicable tax, if GatorTec inspects your product, provides an estimate for you, and you do not authorize GatorTec to undertake the repairs for the estimated charges. If GatorTec determines, while inspecting your product, that repairs are needed due to failures of parts that are not supplied by the manufacture or are needed due to damage caused by abuse, misuse or misapplication, GatorTec reserves the right to return the product to you without repairing it, and will hold you responsible for the diagnostic fee on the reverse side, plus any applicable tax.

3. If the requested repairs require labor and/or parts not specified on the reverse side, GatorTec may seek your approval of a revised estimate. If you do not agree that GatorTec may revise the charges, GatorTec may return your product and hold you responsible for the diagnostic fee shown on the reverse side, plus any applicable tax.

4. When repairing your product, be it under your product’s warranty or extended service contract or not, GatorTec may use new, used, reconditioned or NON-OEM parts, if permitted by the terms. GatorTec will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by GatorTec for value. If applicable law requires GatorTec to return a replaced part to you, you agree to pay GatorTec the additional cost of the replacement item.

5. If GatorTec repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, GatorTec warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by GatorTec. The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part’s warranty period, at its option, GatorTec will (1) repair the part, using new, used or reconditioned replacement parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part, as determined by GatorTec. THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. GATORTEC SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF GATORTEC CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty on repair parts gives you specific legal rights, and you may also have other rights that vary by state or province.

6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATORTEC AND ITS AFFILIATES, WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR PRODUCT AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. GATORTEC SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (i) REPAIR OR REPLACE YOUR PRODUCT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, AND (ii) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN GATORTEC’S CUSTODY, GATORTEC’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, GATORTEC’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY GATORTEC FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY GATORTEC UNDER THESE TERMS AND CONDITIONS. GATORTEC IS NOT LIABLE FOR LOSS OR CORRUPTION OF DATA OR YOUR CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION OR REMOVABLE DATA. BEFORE YOU BRING IN YOUR PRODUCT FOR ANY REPAIR SERVICE, YOU SHOULD MAKE A BACKUP COPY OF YOUR DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND REMOVABLE MEDIA SUCH AS FLOPPY DISKS, CDS OR PC CARDS.

7. If you have not claimed your product and paid all charges due within forty-five (45) days after being notified by GatorTec that your product has been repaired or that you have declined repair, GatorTec will consider your product abandoned. GatorTec will provide such notice to you at the e-mail address you furnished when you authorized the repairs. GatorTec may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. GatorTec reserves its statutory and any other lawful liens for unpaid charges. 

8. If repair service involves transferring information or installing software, you represent that you have the legal right to copy the information and agree to the terms of the software license, and you authorize GatorTec to transfer the information and accept such terms on your behalf in performing the service.

9. If GatorTec provides you a loaner computer while your computer is being repaired, you accept all responsibility for any damage caused to the loaned computer. You also agree not to remove or copy any software installed on loaned computer. In the event of any damage you cause to the computer GatorTec loans you, you agree to pay for all repairs or cost of replacement. 

10. These Terms and Conditions are governed by the laws of the State of Florida (without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable, that provision will no longer be part of the Terms and Conditions, and the Terms and Conditions will be enforceable as though that provision never was a part of them.

11. These Terms and Conditions are the only ones that govern GatorTec’s repair of your product. No other oral or written terms or conditions apply, including ones in any purchase order that you provide to GatorTec. No one has the authority from GatorTec to vary any of these Terms and Conditions.

12. You agree and understand that it is necessary for GatorTec to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. 

13. In the event that a device is found to exhibit signs of contact with any liquids, whether stated symptoms are explicitly the result of liquid contact or not, Customer understands and acknowledges that failure to replace all recommended components which has come into contact with liquid may leave the device unstable and prone to further component failure.  Such failures include, but are to limited to, thermal events revolving around the battery, repeat damage to already replaced components, and total failure of the device.  If customer chooses to NOT replace all parts specified by GatorTec as necessary for repair, GatorTec shall assume zero liability for further damage to, or resultant from the device.  Customer shall acknowledge the preceding and waive all limited warranty provided by GatorTec for the repair of a liquid-damaged device. 

If your computer password was reset, the new password will either be NOTHING (just press Enter) or 1234

Specially ordered items may be returned within 10 days, at GatorTec’s discretion, and will be subjected to a 25% restock fee.

Accidental Damage – please view our Accidental Damage tab above for details.

Diagnostic and Labor fees are non refundable.

GatorTec guarantees all labor and parts for a period of 90 days from the date of completion of the repair.

GatorTec will not be liable for any damage caused by fire, theft, accident, or any other cause, which is beyond its control.

GatorTec nor it employees will be held responsible for any cables, accessories that are not related to the repair.

Data loss can occur at any time during repair, or data transfer. Therefore, GatorTec recommends that customers back up data prior to checking a computer in for any service or repair. GatorTec and its employees make no guarantees as to the integrity or recoverability of any data. GatorTec makes no warranty as to the success of any recovery or backup attempt thereof or whether any of the data, programs, or other information on the disk can or will be recovered, either in whole or in part, nor whether such data, programs, or information may be usable after the recovery or backup process.

Data transfer is limited to basic folders (i.e. My Documents, My Pictures, Desktop) from a Windows machine to the corresponding folders on a Mac. If transferring between two Macs, the host needs to be running an OS X version that is compatible with the version on the new machine. If it is not then only basic folders will be transferred. Any requests for more specific application transfers or files stored in nonstandard locations will incur additional charges.

Priority service includes priority diagnostic and installation of repair parts. GatorTec cannot control the speed of shipments for parts.

Customers are responsible for any damage to loaner machine and agree to pay GatorTec for any repairs to loaner machines if it is damaged – see Service Repair Terms and Conditions for additional details of loaner program.

Introduction

GatorTec’s “Wi-Fi Service” is a free wireless internet service provided to GatorTec’s guests while they are visiting at GatorTec.

GatorTec is at all times committed to complying with the laws and regulations governing use of the internet, e-mail transmission and text messaging and preserving for all of its guests the ability to use GatorTec’s network and the internet without interference or harassment from other users.  GatorTec’s Acceptable Use Policy (“AUP”) is designed to help achieve these goals.

By using the Wi-Fi Service, as defined below, you acknowledge and agree to comply with this AUP and to remain responsible for its usage of GatorTec’s Wi-Fi Service.  Your access to the Wi-Fi Service is conditioned on legal and appropriate use of the Wi-Fi Service and your compliance with the terms and conditions of the AUP.  Failure to comply with the AUP is grounds for termination of your access to the Wi-Fi Service.

GatorTec reserves the right to change or modify the terms of the AUP at any time, effective when posted on GatorTec’s website at http://www.gatortec.com/wifi-terms-and-conditions/.  Your use of the Wi-Fi Service after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.

GatorTec is a family friendly store and must respect the rights of all its guests.  Accordingly, some internet websites may not be available through the Wi-Fi Service due to filtering software. The filtering software is not perfect and may block some sites which are not inappropriate for guests of all ages.  We apologize in advance for any inconvenience if a website is blocked.

Scope of the AUP

The AUP applies to GatorTec’s provision of access to the internet through wireless data networks (collectively “Wi-Fi Services”).

Prohibited Activities

General Prohibitions: GatorTec prohibits use of the Wi-Fi Services in any way that is unlawful, harmful to or interferes with use of GatorTec’s network or systems, or the network of any other provider, interferes with the use or enjoyment of services received by others, infringes intellectual property rights, results in the publication of threatening or offensive material, or constitutes Spam/E-mail/Usenet abuse, a security risk or a violation of privacy.

Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, applications, or other services that are accessed via a link from the GatorTec’s-branded website or from a website that contains GatorTec’s-branded content is a violation of this AUP.

Unlawful Activities: You acknowledge and agree that you will not use the Wi-Fi Services in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.  GatorTec will report any discovered violation of this prohibition to the appropriate law enforcement agency.

Violation of Intellectual Property Rights: You acknowledge and agree that you will not use the Wi-Fi Services to publish, submit, receive, upload, download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of GatorTec or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.

Threatening Material or Content: You acknowledge and agree that you will not use the Wi-Fi Services to host, post, transmit, or re-transmit any content or material (or to create a domain name or operate from a domain name) that harasses or threatens the health or safety of others.  In addition, GatorTec reserves the right to decline to provide the Wi-Fi Services if any content is determined by GatorTec to be obscene, indecent, hateful, malicious, racist, defamatory, fraudulent, libelous, treasonous, excessively violent or promoting the use of violence or otherwise harmful to others.

Child Pornography: Wi-Fi Services shall not be used to publish, submit/receive, upload/download, post, use, copy or otherwise produce, transmit, distribute or store child pornography.  Suspected violations of this prohibition may be reported to GatorTec at the following e-mail address: admin@gatortec.com.  GatorTec will report any discovered violation of this prohibition to the National Center for Missing and Exploited Children and/or law enforcement agencies and take steps to remove child pornography (or otherwise block access to the content determined to contain child pornography) from its servers.

Spam/E-mail/Usenet Abuse: You acknowledge and agree that you will not use the Wi-Fi Services in violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services.

Spam/E-mail or Usenet abuse is prohibited using Wi-Fi Services.  Examples of Spam/E-mail or Usenet abuse include but are not limited to the following activities:

sending multiple unsolicited electronic mail messages or “mail-bombing”- to one or more recipient;

sending unsolicited commercial e-mail or unsolicited electronic messages directed primarily at the advertising or promotion of products or services;

sending unsolicited electronic messages with petitions for signatures or requests for charitable donations, or sending any chain mail related materials;

sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender;

sending electronic messages, files or other transmissions that exceed contracted for capacity or that create the potential for disruption of the GatorTec’s network or of any networks with which GatorTec interconnects, by virtue of quantity, size or otherwise;

using another site’s mail server to relay mail without the express permission of that site;

using another computer, without authorization, to send multiple e-mail messages or to re-transmit e-mail messages for the purpose of misleading recipients as to the origin or to conduct any of the activities prohibited by this AUP;

using IP addresses that the Guest does not have a right to use;

collecting the responses from unsolicited electronic messages;

maintaining a site that is advertised via unsolicited electronic messages, regardless of the origin of the unsolicited electronic messages;

sending messages that are harassing, malicious, or otherwise could reasonably be predicted to interfere with another party’s quiet enjoyment of the Wi-Fi Services or the internet (e.g., through language, frequency, size or otherwise);

using distribution lists containing addresses that include those who have opted out;

sending electronic messages that do not accurately identify the sender, the sender’s return address, the e-mail address of origin, or other information contained in the subject line or header;

falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin;

using redirect links in unsolicited commercial e-mail to advertise a website or service;

posting a message to more than ten (10) online forums or newsgroups that could reasonably be expected to generate complaints;

intercepting, redirecting or otherwise interfering or attempting to interfere with e-mail intended for third parties;

knowingly deleting any author attributions, legal notices or proprietary designations or labels in a file that the user mails or sends;

using, distributing, advertising, transmitting, or otherwise making available any software program, product, or service that is designed to violate this AUP or the AUP of any other internet Service Provider, including, but not limited to, the facilitation of the means to spam.

Security Violations

Guests are responsible for ensuring and maintaining security of their systems and the machines that connect to and use Wi-Fi Services, including implementation of necessary patches and operating system updates.

You acknowledge and agree that you will not use the Wi-Fi Services to interfere with, gain unauthorized access to, or otherwise violate the security of GatorTec’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing.  Examples of system or network security violations include but are not limited to:

unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or harvesting of e-mail addresses;

hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);

using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the internet or any other means of communication;

distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools (except in the case of authorized legitimate network security operations);

knowingly uploading or distributing files that contain viruses, spyware, Trojan horses, worms, time bombs, cancel bots, corrupted files, root kits or any other similar software or programs that may damage the operation of another’s computer, network system or other property, or be used to engage in modem or system hi-jacking;

engaging in the transmission of pirated software;

using any software or device designed to defeat system time-out limits or to allow Guest’s account to stay logged on while Guest is not actively using the Wi-Fi Services, is not shopping at GatorTec, or using such account for the purpose of operating a server of any type;

using manual or automated means to avoid any use limitations placed on the Wi-Fi Services;

providing guidance, information or assistance with respect to causing damage or security breach to GatorTec’s network or systems or to the network of any other provider; or

failing to take reasonable security precautions to help prevent violation(s) of this AUP.

Guest Responsibilities

Guests remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Wi-Fi Services.  GatorTec has no responsibility for any material created on the GatorTec network or accessible using Wi-Fi Services, including content provided on third-party websites linked to the GatorTec network.  Such third-party website links are provided as internet navigation tools for informational purposes only and do not constitute in any way an endorsement by GatorTec of the content(s) of such sites.

Guests are responsible for taking prompt corrective action(s) to remedy a violation of AUP and to help prevent similar future violations.

AUP Enforcement and Notice 

Your failure to observe the guidelines set forth in this AUP may result in GatorTec taking actions anywhere from a warning to a suspension or termination of your Wi-Fi Services.  When feasible, GatorTec may provide you with a notice of an AUP violation via e-mail or otherwise allow you to promptly correct such violation.  However, GatorTec’s failure or inability to provide notice does not provide you with any recourse or remedy against GatorTec.

GatorTec reserves the right to act immediately and without notice to suspend or terminate affected Wi-Fi Services in response to a court order or government notice that certain conduct must be stopped or when GatorTec reasonably determines that the conduct may: (1) expose GatorTec to sanctions, prosecution, civil action or any other liability or which may harm GatorTec’s reputation, (2) cause harm to or interfere with the integrity or normal operations of GatorTec’s network or networks with which GatorTec is interconnected, (3) interfere with another GatorTec Guest’s use of Wi-Fi Services or the internet, (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to GatorTec or GatorTec’s Guests.

GatorTec has no obligation to monitor content of any materials distributed or accessed using the Wi-Fi Services.  However, GatorTec may monitor content of any such materials as necessary to comply with applicable laws, regulations or other governmental or judicial requests or to protect GatorTec’s network and its customers.

Indemnification 

You agree to indemnify, defend, and hold harmless GatorTec and its affiliates, officers, directors, employees, agents, suppliers, or other partners, from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from your use of the Wi-Fi Services, your violation or breach of this AUP, any violation of any law or regulation, or your violation of any rights of another.  This Section will not be construed to limit or exclude any other claims or remedies that GatorTec may assert under the AUP or by law.

Limitation of Liability

You assume total responsibility for use of the Wi-Fi Service and the internet and access the same at your own risk.  GatorTec AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR OTHER PARTNERS HAVE NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND THE WI-FI SERVICES, AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, AND/OR LOSS OF PROFIT, ARISING OUT OF OR RELATED TO THE WI-IF SERVICE OR THIS AUP.  Under no circumstances will GatorTec and its affiliates, officers, directors, employees, agents, suppliers, or other partners be liable to you or any third parties for any amount.

Disclaimer of Warranties

The Wi-Fi Service is provided on an “as is” and “as available” basis.  GatorTec and its affiliates, officers, directors, employees, agents, suppliers, or other partners make no warranty of any kind, written or oral, statutory, express or implied, including any warranty of merchantability, infringement, or fitness for a particular purpose.  No advice or information given by GatorTec and its affiliates, officers, directors, employees, agents, suppliers, or other partners about the Wi-Fi Services shall create a warranty.  GatorTec and its affiliates, officers, directors, employees, agents, suppliers, or other partners do not warrant that the Wi-Fi Service will be uninterrupted, error-free, or free of viruses or other harmful components.  You acknowledge (i) that the Wi-Fi Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Wi-Fi Service; (iii) that GatorTec does not guarantee the security of the Wi-Fi Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that GatorTec’s ability to provide the Wi-Fi Service without charge is based on the limited warranty, disclaimer and limitation of liability specified herein and it would require a substantial charge if any of these provisions were unenforceable.

Arbitration

Any and all disputes, controversies, or claims arising out of, relating to, or having any connection with this AUP or otherwise related to your use of the Wi-Fi Service or the existence, validity, breach or termination thereof, including, but not limited to, any question regarding the validity, interpretation, scope, performance, or enforceability of this dispute resolution provision, will be exclusively and finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA Optional Procedures for Large, Complex Commercial Disputes.  The arbitrator may, at either party’s request, grant injunctive relief.  The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator.  Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof.  Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement.  Nothing herein will prevent the parties from seeking interim injunctive relief against one another.  The arbitration will be conducted before a single arbitrator and limited solely to the dispute between Reseller and Company.  The arbitration shall be held in Alachua County, Florida, U.S.A.  Any decision rendered in such arbitration proceedings will be final and binding on each of the Parties, and judgment may be entered thereon in any court of competent jurisdiction. Any arbitration brought hereunder, and all disputes determined therein, shall be governed by Florida law.  The prevailing Party shall be entitled to recover its attorneys’ fees, costs and other expenses.  The arbitrator shall not issue any award, grant any relief or take any action that is prohibited by or inconsistent with the provisions of this Agreement and may not, under any circumstances, award punitive or exemplary damages. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Incident Reporting

Any complaints regarding violation of this AUP should be directed to admin@gatortec.com.  Where possible, include details that would assist GatorTec in investigating and resolving such complaint (e.g.  expanded headers, IP address(es), a copy of the offending transmission and any log files).

Contact Information: Any notification that GatorTec sends to a Guest pursuant to this AUP will be sent via e-mail to the e-mail address on file with GatorTec or may be in writing to Guest’s address of record.  It is Guest’s responsibility to promptly notify GatorTec of any change of contact information.

Miscellaneous

This AUP constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and GatorTec with respect to its subject matter and supersedes all prior writings or understanding.

The Wi-Fi Service and the AUP are governed by U. S. federal law and/or the laws of the State of Florida.  Any legal action or proceeding relating to your access to, or use of, the Wi-Fi Services or this AUP shall be instituted only in a state or federal court located in the state of Florida.  You and GatorTec agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

If any part of this AUP is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.

Effective Date: February 24, 2017