This WiFi network access service (the “Service”) is provided by Polly’s Pies (the “Provider”). As a user of this Service (“You”), You must read and agree to the following terms of service and acceptable use policy (the “Agreement”). Use of the Service constitutes acceptance of the Agreement, as such may be revised by the Provider from time to time, and is a binding agreement between You and the Provider governing the use of the Service. If You do not agree to the Agreement, You should not use the Service. This Agreement contains disclaimers, waivers and other provisions that limit the Provider’s liability to You.
You represent that You are of legal age and have the legal and mental capacity to agree to and be bound by this Agreement.
The Provider reserves the right to change this Agreement at any time. You are responsible for reviewing this Agreement each time You use the Service.
No Warranties.
The Service is provided on an “as is” basis and without representations or warranties of any kind, either express or implied. Specifically, but without limitation, the Provider and its suppliers (a) make no warranties or representations as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service, (b) to the fullest extent permitted by applicable law, expressly disclaim all warranties of any kind, whether express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose, (c) make no warranty that the Service will be uninterrupted, timely, secure, or error free, and (d) make no warranty regarding any goods or services purchased or obtained through the Service, or regarding any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you through the Service shall create any warranty not expressly stated herein.
No Availability Guarantee.
Availability of the Service is completely at the discretion of the Provider. It may be blocked, suspended or terminated by the Provider at any time for any reason or for no reason. The Provider does not guarantee any connection speeds. The Provider does not guarantee access to resources on the network, including the Internet. The Provider is not responsible for loss of data due to delays, interruptions or any other feature, or any failure of the Service.
At Your Own Risk.
By using the Service, you may be accessing the Internet which is a public communications network. You assume full responsibility and risk for accessing the Internet through the Service and You hereby expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the Internet, whether the connection is facilitated through wired or wireless technology. Accordingly, you agree that the Provider is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking, downloading of malware, or damage to your computer or other devices that result from the transmission or download of information or materials through the Service. Further, You are solely responsible for evaluating the accuracy, completeness, and usefulness of all information, products and services, and the quality and merchantability of all merchandise on the Internet accessed through the Service.
Acceptable Use.
Activities conducted online through the Service shall not violate any applicable law or regulation or the rights of the Provider, or any third party. Provider intends to fully cooperate with law enforcement upon receipt of notice that Your use of the Service is, or might be, in violation of applicable law or regulation. Examples of prohibited activities and materials include, but are not limited to:
– Generating spam (sending unsolicited emails)
– Invasion of privacy (collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent)
– Harming, or threatening to harm others (“stalk” or otherwise harass, threaten, or violate the rights of others)
– Violation of Intellectual Property Rights (IPR)
– Obscene or indecent speech or materials
– Defamatory or abusive language, materials or behavior
– Misrepresenting your identity or forging headers
– Hacking, scans, or other subversive information gathering or disruptive activity
– Distribution of computer viruses, Trojan Horses, or other destructive activities
– Export control violation
– Harassment, abuse, or criminal or fraudulent activities
– Facilitating a violation of this Agreement
– Transmitting any material (by uploading, posting, email or otherwise) that you do not have a right to make available (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
– Negatively affecting other users’ ability to use the Service
– High bandwidth operations, such as large file transfers, gaming, and media sharing with peer-to-peer programs (i.e., torrents)
– The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale
Content Filtering.
The Provider may or may not monitor or review the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Services. Should the Provider became aware of content or activity that in its sole discretion, may be illegal, inappropriate, may subject the Provider or its suppliers or vendors to liability or is in violation of this Agreement, the Provider may remove, block, filter, or restrict by any means such content or activity.
Limitation of Liability.
To the maximum extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall the Provider and its suppliers be liable to You or any other party for any direct, indirect, incidental, special, consequential, exemplary or reliance damages arising out of or related to this Agreement or the Service, under any legal theory, including but not limited to lost profits, lost data, business interruption, personal injury, loss of privacy, negligence, and for any other pecuniary or other loss whatsoever, even if Provider or its suppliers know of or should have known of the possibility of such damages. You specifically, but without limitation, agree that the Provider is not responsible or liable to You or anyone else for any threatening, defamatory, obscene, offensive, tortious, or illegal conduct of yours or of any other party or any infringement of another’s rights, including intellectual property rights, arising on, from, or in connection with the Service. If you are dissatisfied with the Service, the materials available on or through the Service, or with any provisions in this legal notice, your sole and exclusive remedy is to discontinue using the Service.
Indemnity.
If a third party makes a claim against the Provider or its suppliers arising out of Your use of the Service or Your breach of this Agreement, You shall: (a) pay all costs to defend the Provider and its suppliers with counsel acceptable to them; (b) pay any damages assessed against the Provider and its suppliers in a final judgment by a court of competent jurisdiction or any settlement that You agree upon with such third party; and (c) hold harmless and indemnify the Provider and its suppliers from all losses, damages (actual and consequential), litigation costs and attorney fees, of every kind and nature arising from such claims. If You fail to meet your obligations under this section, the Provider or its suppliers shall have full authority and control of the defense and/or settlement of any such claim at Your expense.
Severability.
If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Entire Agreement.
This Agreement constitutes the entire agreement between You and the Provider with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Waivers and Amendments.
Any waiver or amendment of any provision of this Agreement will be effective only if in writing and signed by the Provider.
Unknown Claims.
You hereby agree, represent and warrant that the matters released in this Agreement are not limited to matters which are known, disclosed or foreseeable, but instead include any and all known and unknown, and all existing and future claims, and You hereby waive any and all rights and benefits which You now have, or in the future may have, conferred upon You by virtue of the provisions of Section 1542 of the California Civil Code, which provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You realize and acknowledge that factual matters now unknown to You may have given, or may hereinafter give, rise to actions, legal or administrative proceedings, claims, demands, debts, controversies, damages, costs, losses, liabilities and expenses which are presently unknown, unanticipated and unsuspected.