Cafe Sicilia Wi-Fi Terms Of Use
This is a legal agreement ("Agreement") between you and the owner/operator of Café Sicilia governing your access to and use of this
WIFI SERVICE (the "Service") THAT CAFE SICILIA IS PROVIDING TO GUESTS LIKE YOU. ONLY CURRENT GUESTS OF THIS CAFE
SICILIA MAY USE THIS SERVICE.
BY ACCESSING OR USING THIS SERVICE, YOU REPRESENT THAT YOU ARE CURRENTLY A GUEST OF CAFE SICILIA 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 CAFE SICILIA and/or you do not agree to this Agreement,
you may not use or access this Service.
For purposes of your using this Service, CAFE SICILIA 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.

CONSENT TO MONITORING. CAFE SICILIA RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT CAFE SICILIA
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 CAFE SICILIA 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 CAFE
SICILIA, 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, infringing, tortuous or that is harmful (or puts at risk) to CAFE SICILIA 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; (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, tortuous, 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, 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 CAFE SICILIA 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. CAFE SICILIA requires that you be a good Internet citizen when using this
Service.

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless CAFE SICILIA, NK ENTERPRISES LLC, 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. CAFE SICILIA 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 CAFE SICILIA in asserting any available defenses.

CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, CAFE SICILIA reserves the right to,
and you agree that CAFE SICILIA 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 CAFE SICILIA for any damages incurred or amounts that are required to be paid by CAFE SICILIA 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 CAFE SICILIA, 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 CAFE SICILIA makes no
assurance that your communications or activities will be or will remain private or secure, and agree that CAFE SICILIA assumes no
responsibility in that regard. You agree that you, and not CAFE SICILIA, 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 CAFE SICILIA GUESTS, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT
CAFE SICILIA (INCLUDING THE CAFE SICILIA CORPORATE PARTIES AND THE CAFE SICILIA FRANCHISEE PARTIES, AS AND WHEN
APPLICABLE) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO
ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR (ii) 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 CAFE SICILIA IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT THERE ARE
NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY CAFE SICILIA
OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. 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 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. CAFE SICILIA may, but need not, provides 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 CAFE SICILIA'S LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A GUEST
PRIVILEGE SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND OR IN ANY AMOUNT ON CAFE
SICILIA (INCLUDING THE CAFE SICILIA CORPORATE PARTIES AND THE CAFE SICILIA FRANCHISEE PARTIES, AS APPLICABLE),
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 THIS AGREEMENT OR THIS SERVICE; EVEN IF CAFE
SICILIA IS 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 CAFE SICILIA (INCLUDING THE CAFE SICILIA
CORPORATE PARTIES AND THE CAFE SICILIA FRANCHISEE PARTIES, AS APPLICABLE), ARISING OUT OF OR RELATED TO THIS
AGREEMENT AND THIS SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO FIFTY DOLLARS ($50). (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,
NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.

TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that CAFE SICILIA 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. CAFE SICILIA also reserves the right to update or revise this Agreement at any time without
prior notice, and you agree that CAFE SICILIA may do so. Your continued use of this Service following an update to this Agreement
signifies your acceptance of its revised terms.

MISCELLANEOUS. You agree that: this Agreement and your use of this Service shall be governed by the laws of Texas, without regard
to conflicts of laws principles, and CAFE SICILIA 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
Texas and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely
between you and the owner/operator of this Site. You agree that, if you are accessing this Service at a CAFE SICILIA owned and
operated by a franchisee, the CAFE SICILIA Corporate Parties shall be deemed third party beneficiaries of this Agreement to the extent
necessary for them to enforce the protections afforded to it under this Agreement; this Agreement does not create, and you and CAFE
SICILIA expressly disclaim, any other third-party beneficiary relationships. You agree that any controversy or claim brought or asserted
by you or on your behalf that arises out of or relates to this Agreement or this Service shall be solely against the owner/operator that is
providing this Service to you at this CAFE SICILIA, and not any other party. Further, you agree that any action you bring that arises from
or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of
action may be brought after that time. 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 and the remainder of this Agreement will continue to have legal effect. You agree that this Agreement
constitutes the entire agreement between you and CAFE SICILIA regarding its subject matter, and it supersedes any prior or
contemporaneous agreements between you and CAFE SICILIA regarding its subject matter. You agree that any notices given by you to
CAFE SICILIA must be given by e-mail (addressed to Karin@cafesicilia.com)or by postal mail to CAFÉ SICILIA at: 1548m Bedford Road,
Bedford, Texas, 76021, Attention: Webmaster.

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Please read the following terms and conditions, and hit the I Agree Button to proceed.

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