This is a legal agreement ("Agreement") between you and the owner/operator of this Loop Pizza Grill® restaurant ("Loop Pizza Grill") governing your access to and use of this wireless fidelity (“WIFI”) service (the "Service") THAT THE LOOP IS PROVIDING TO GUESTS LIKE YOU. ONLY CURRENT GUESTS OF THIS LOOP PIZZA GRILL RESTAURANT MAY USE THIS SERVICE.
BY CLICKING YOUR ACCEPTANCE OR BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF THIS LOOP PIZZA GRILL RESTAURANT AND 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 are not a current guest of a Loop Pizza Grill restaurant and/or you do not agree to this Agreement, you may not use or access this Service.
For purposes of your using this Service, The Loop will assume (and by using this 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(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf.
You are agreeing to this Agreement in consideration of your use and access to this Service and other good and valuable consideration (the receipt and sufficiency of which are acknowledged), for the benefit of: (i) The Loop Restaurant Group, Inc. and all of its affiliates and service providers ("The Loop Corporate Parties"), if you are accessing this Service from a Loop Pizza Grill restaurant owned and operated by The Loop Restaurant Group, Inc. and/or any of its affiliates; or (ii) the franchisee-owner/operator of this Loop Pizza Grill restaurant, as well as The Loop Restaurant Group, Inc., and all of their respective affiliates and service providers ("The Loop Franchisee Parties"), if you are accessing this Service from a franchisee-owned/ operated Loop Pizza Grill restaurant. As used in this Agreement, the term "The Loop" means The Loop Corporate Parties (for Sites owned/operated by The Loop Restaurant Group, Inc. and/or its affiliates) or The Loop Franchisee Parties (for Sites owned/operated by franchisees), as applicable. As used in this Agreement, the term "Site" means the Loop Pizza Grill restaurant location where you are accessing this Service.
CONSENT TO MONITORING. THE LOOP RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT THE LOOP MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THIS 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 THE LOOP’S RIGHTS, PROPERTY AND INTERESTS.
AUTHORIZED USE OF THIS SERVICE. You agree that you are authorized to use this Service solely while you are a guest of this Loop Pizza Grill restaurant, subject to the terms and conditions of this Agreement. 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 use of this Service. You agree not to use this Service to engage in any prohibited conduct. Broadly stated, prohibited conduct is any conduct that is unlawful, criminal, infringing, tortious or that is harmful to or puts at risk The Loop 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 this Service to: (i) intercept, divert or otherwise interfere
with any communication; (ii) violate the security or integrity of, or gain
unauthorized access to, this Service or any other service, system or
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 services (e.g.,
"open mail relay"); (vi) "spoof" or otherwise impersonate
any other party, falsely stating or otherwise misrepresenting your identity or
affiliation in any way, or forge, delete or alter any part of TCP/IP packet
header or sender identification information in any communication; (vii) commit
fraud or deceit; (viii) harass or threaten any party, advocate or otherwise
encourage violence against any government, organization, group, individual or
property, or provide instruction, information, or assistance in causing or
carrying out such violence; (ix) disseminate viruses, Trojan horses, or other
code or programming intended to damage, interfere with, intercept or
expropriate any system, data or personal information; (x) send or receive any
material that could be considered harmful, obscene, pornographic, indecent,
lewd, violent, abusive, profane, insulting, threatening, tortious, harassing,
hateful 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, national origin, 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 conduct
that would expose The Loop or its service providers to civil or criminal
liability; or (xvi) assist others in engaging in prohibited conduct. This list
is not intended to be exhaustive or all-inclusive. The
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless The Loop, 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 this Service. The Loop 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 The Loop in asserting any available defenses.
CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, The Loop reserves the right to, and you agree that The Loop 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 this 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 this Service. You agree that you will be liable to The Loop for any damages incurred or amounts that are required to be paid by The Loop 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.
YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to The Loop, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that The Loop makes no assurance that your communications or activities will be or will remain private or secure, and agree that The Loop assumes no responsibility in that regard. You agree that you, and not The Loop, are solely responsible for your own privacy and security in using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.
DISCLAIMER OF
WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED
SOLELY AS A CONVENIENCE TO THE
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 this 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. The
LIMITATION OF THE
TERMINATION OF
SERVICE; UPDATES TO THIS AGREEMENT. You agree that The Loop may, at any
time and for any reason, change, terminate, limit or suspend this Service (in
whole or in part) or your access to this Service. Upon any termination, your
rights to use this Service will immediately cease. The
MISCELLANEOUS.
You agree that: this Agreement and your use of this Service shall be governed
by the laws of the State of Florida, without regard to conflicts of laws
principles, and The Loop shall have at all times the right to seek any
injunctive or equitable relief available to it under applicable laws. You agree
that the exclusive jurisdiction for all controversies or claims shall be the
federal and state courts in the State of
© 2006 The