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ZAXBY’S RESTAURANT WI-FI SYSTEM USER AGREEMENT
This is a legal agreement ("Agreement") governing your access to and use of the wireless high-speed Internet access system (“Wi-Fi System”) offered by the owner/operator of this Zaxby’s® restaurant ("Provider").
Acceptance of Agreement by Use BY YOUR USE OF THE WI-FI SYSTEM, YOU REPRESENT; that 1. YOU ARE CURRENTLY A GUEST OF THIS ZAXBY’S RESTAURANT; and 2. YOU EITHER HAVE LEGAL CAPACITY TO CONTRACT (i.e. you are of sufficient age and mental capacity or are otherwise entitled to be legally bound in contract), AND HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT, OR YOUR PARENT(S) OR LEGAL GUARDIAN(S) HAVE CONSENTED TO YOUR USE OF THE WI-FI SYSTEM AND ACCEPT THIS AGREEMENT ON YOUR BEHALF.
Description of Wi-Fi System/Service Availability The Wi-Fi System is provided by, and at the discretion of, Provider, and may not always be operational. Zaxby’s Franchising, Inc. (“ZFI”) does not require, or participate in, the provision of wireless high-speed internet access at any Zaxby’s restaurant location, and as such, wireless high-speed internet access may not be available at other Zaxby’s restaurant locations. Provider is not obligated to provide any technical support services to users of the Wi-Fi System.
Fee for Wi-Fi System Use of the Wi-Fi System is free. Any links provided on the Wi-Fi System to Web sites that are not under the control of Provider or of ZFI are provided for convenience only and are not intended as an endorsement of the organization or individual operating the Web site or a warranty of any type regarding the content therein.
Access to Internet Content You acknowledge that if you access the Internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that Provider is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System.
Your Responsibilities You must (1) provide all equipment (including computer hardware and software, personal digital assistants, wireless network cards, etc.) to connect to the Wi-Fi System, and (2) comply with local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws. You agree to be responsible for and to bear all risk and consequences for (1) the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and (2) all communications that you send or receive via the Wi-Fi System. Provider does not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.
Acceptable Use Policy All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. Under normal circumstances, neither Provider nor ZFI actively monitors the use of the The following constitute examples of violations of this AUP. You agree to not use the Wi-Fi System to: (1) transmit (by uploading, posting, email or otherwise) any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, libelous, hateful or invasive of another's privacy, or to transmit or access any material that is violent, gory, frightening, horrific, obscene, indecent, lewd, pornographic or racially, ethnically or otherwise objectionable; (2) harm, or attempt to harm, minors in any way; (3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System; (4) transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (5) transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (6) transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (7) transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (8) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Wi-Fi System are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (9) interfere with or disrupt the Wi-Fi System or with servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to the Wi-Fi System; (10) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (11) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; (12) resell the Wi-Fi System without Provider's authorization; (13) use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server; or (14) violate the security or integrity of, or gain unauthorized access to, any service, system, site or communication. You further agree that you will not use the Wi-Fi System in any manner that is likely to disrupt other restaurant guests.
Termination You agree that Provider may terminate this Agreement and cancel your access to the Wi-Fi System at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons and/or using the Wi-Fi System to perform any illegal act. You further agree that in the event of termination for any reason, Provider will have no liability to you.
Termination by Acceptable Usage From time to time Provider may impose reasonable rules and regulations regarding the use of its services. The rules under this paragraph are not exhaustive, and Provider reserves the right to modify them. You agree to abide by these rules. Any violation of these rules may result in the suspension or termination of your access to the Wi-Fi System. Any unlisted activity may also be a violation of these rules if it is illegal, irresponsible, or disruptive to the Wi-Fi System. Provider makes no representation, and does not guarantee, that the Wi-Fi System will be available at any time.
Modifications Provider may, in its sole discretion, modify the terms and conditions of this Agreement at any time.
Indemnification You agree to defend, indemnify and hold Provider and ZFI (and its affiliated entities) and their respective officers, directors, stockholders, employees, contractors, agents, successors and assigns harmless from and against, and to promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys' fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your use of the Wi-Fi System or any breach of this Agreement.
Warranty YOU ACKNOWLEDGE AND AGREE THAT THE WI-FI SYSTEM IS PROVIDED SOLELY AS A CONVENIENCE, AND IS OFFERED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. NEITHER PROVIDER NOR ZFI MAKES, AND YOU RECEIVE, NO WARRANTY, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY OR ACCURACY ARE EXPRESSLY EXCLUDED. PROVIDER SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability PROVIDER SHALL NOT BE LIABLE TO YOU UNDER THIS LICENSE FOR ANY LOSS, DAMAGE OR INJURY, REGARDLESS OF THE NATURE THEREOF, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, INDEMNITY, BREACH OF CONTRACT, NEGLIGENCE, TORT, AND WARRANTY CLAIMS.
Third Party Beneficiaries ZFI, and its successors and assigns, are the sole third party beneficiaries of this Agreement.
Liability You agree that any controversy or claim brought or asserted by you or on your behalf (or by any of your successors or assigns) that arises out of or relates to this Agreement of the Wi-Fi Service shall be solely against Provider, and not any other party (including, but not limited to, ZFI).
Severability, Merger, Applicable Law and Forum Selection You agree that this Agreement constitutes the entire agreement between you and Provider with respect to the subject matter hereof. 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(s), and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement shall be construed under the laws of the United States and of the state in which this Zaxby’s restaurant is located, as applicable, without regard to conflicts of laws principles, and that the federal and state courts in such state shall have exclusive jurisdiction over any and all controversies or claims arising out of, or otherwise connected with, this Agreement.
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