WiFi Terms of Use
You are about to access the free public non-commercial wireless Internet (“WiFi”) service that is offered in certain Corner Bakery Cafe® locations (the “Service”). The purpose of the Service is to provide current guests of this Corner Bakery Cafe® location free WiFi access. By using this Service, you agree to be bound by the terms and conditions below (the “WiFi Terms of Use”), and acknowledge that your use of the Service is carried out entirely at your own risk.
BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF THIS LOCATION AND ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE WIFI TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of this location and/or you do not agree to or understand the WiFi Terms of Use, then you may not use or access this Service.
Your use of the Service is subject to the general restrictions outlined below. If abnormal, illegal, or unauthorized behavior is detected, including, but not limited to, heavy consumption of bandwidth, the owner and/or provider of the Service reserves the right to permanently disconnect the offending device from the Service.
If you choose to use other services (such as an application or website) while using the Service, your use of those services will be governed by the terms and conditions provided to you in association with those services.
Access to the Service
By using this Service you warrant and promise, that either (i) you have legal capacity to agree to the WiFi Terms of Use (i.e., that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), or (ii) that your parent(s) or legal guardian(s) have consented to your use of the Service and accept the WiFi Terms of Use on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use this Service.
Access to the Service is completely at the discretion of this Corner Bakery Cafe® location (the “Operator”) and/or the third-party Internet provider (collectively, the “Providers”). Access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of the WiFi Terms of Use, actions that may lead to liability for the Providers and/or the employees Providers, disruption of access to other users or networks, and violation of applicable laws or regulations. CBC Restaurant Corp. (“CBC”) may revise the WiFi Terms of Use or change or terminate the Service at any time. You must accept these WiFi Terms of Use each time you use the Service, and it is your responsibility to review the WiFi Terms of Use for any changes each time you access or use the Service.
There may be time limits associated with access to the Service in certain locations and/or in connection with access to Service with certain devices. Unless otherwise noted, there are no fees charged by CBC to use the Service; however, there may be data usage or other like fees owed by you to your mobile carrier. This Service is intended for individuals 13 years of age or older; if you are between 13 and 18, please use this Service with the permission of a parent or guardian.
Please remember: No network communication is 100% secure, so NO network communication should be considered private or protected. Guests who connect to the Service (“Users” or “you”) are responsible for ensuring they are running up-to-date anti-virus software on their wireless devices. Users must be aware that, as they connect their devices to the Internet through the Service, they expose their devices to: worms, viruses, Trojan horses, denial-of-service attacks, intrusions, packet-sniffing, and other abuses by third-parties. By using this Service, 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 owner and/or provider of this Service is NOT liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the internet service provided.
Consent to Monitoring
All communication transmitted through the use of the Service may be subject to monitoring. The Providers reserve the right to, and you acknowledge and consent, that the Providers may (but are not required to) monitor your communications and activities via the Service (including their content) during transmission, and in connection with accessing and the use of the Service, including without limitation information about devices through which you access the Service (including without limitation device type and device media access control identification information), usage times and volume. The Providers may use and disclose any such information for purposes of administering the service and provide service functionality, analyzing usage, ensuring your compliance with the WiFi Terms of Use, applicable law, in cooperation with legal authorities, and as otherwise required to protect the Providers’ rights, property, and interests.
Acceptable Use of Service
You agree that you are authorized to use this Service solely while you are a guest of this Operator’s location, subject to the terms and conditions of the WiFi Terms of Use. 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 your use of this Service.
You agree that your use of the Service and any activities conducted online through the Service shall not constitute any Prohibited Conduct. Broadly stated, "Prohibited Conduct" is any conduct that is unlawful, infringing (such as downloading copyright-protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property. CBC and/or the Providers will fully cooperate with law enforcement upon receipt of notice that your use of the Service is in violation of applicable law.
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO THIS OPERATORS’ GUESTS, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE PROVIDERS DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v) QUALITY, (vi) ACCURACY, (vii) TIMELINESS, (viii) COMPLETENESS, (ix) TITLE, (x) QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION, OR (xiv) 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 THE PROVIDERS ARE ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THE WIFI TERMS OF USE; NO ADVICE OR INFORMATION GIVEN BY THE PROVIDERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. 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 of use of the Services 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. The Providers 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 the Provider’s Liability
(a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE SERVICE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON THE PROVIDERS, 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 THE WIFI TERMS OF USE OR THIS SERVICE, ITS FEATURES OR CONTENT, EVEN IF THE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF THE PROVIDERS ARISING OUT OF, OR RELATED TO, THE WIFI TERMS OF USE AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00). (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE, OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR SERVICE INTERRUPTIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY THE PROVIDERS’ OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
Indemnity
If a third party makes a claim against CBC, the Operator, its suppliers, and/or licensors (“Indemnitees”) arising out of your use of the Service or your breach of the WiFi Terms of Use, you shall: (a) pay all costs to defend each and all of the Indemnitees; (b) pay any damages assessed against each and all of the Indemnitees in a final judgment by a court of competent jurisdiction or any settlement that you agreed upon with such third party; and (c) hold harmless and indemnify each and all of the Indemnitees from all losses, damages (actual and consequential), litigation costs and attorneys' fees, of every kind and nature arising from such claims. If you fail to meet your obligations under this Section, each and all of the Indemnitees shall have full authority and control of the defense and/or settlement of any such claim at your expense. Each and all of the Indemnitees will provide you with written notice of such claim, suit or action.
Miscellaneous
You agree that the WiFi Terms of Use constitutes the entire agreement between you and Operator regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Operator regarding its subject matter. The WiFi Terms of Use and the relationship between you and the Operator shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless expressly waived by the Operator, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Dallas County, Texas.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the WiFi Terms of Use must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret the WiFi Terms of Use, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
If any provision of the WiFi Terms of Use is held to be void, invalid, unenforceable or illegal, then such provision(s) will be ineffective to the extent of such determination, and such invalidation of such part or portion of the WiFi Terms of Use shall not invalidate the remaining portions of the WiFi Terms of Use and/or the spirit of the WiFi Terms of Use and the remainder of the WiFi Terms of Use will continue and shall remain in full force and legal effect. Any waiver or amendment of any provision of the WiFi Terms of Use will be effective only if in writing and signed by CBC.
Any failure by the Operator, CBC, or third-party provider of the Service to insist upon or enforce strict performance of any provision of the WiFi Terms of Use shall not be construed as a waiver of any provision or right.