Ph: (817) 318-6664 • (817) 283-5399 • Fax: (817) 358-3953
E-mail: Karin@cafesicilia.com • Website: www.cafesicilia.com
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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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