Wi-Fi Terms and Conditions
These terms and conditions govern your access to and use of the wireless service/Wi-Fi (the “Service”) that may be provided at this location as a courtesy to guests by Bojangles’ Restaurants, Inc., its affiliates, and/or the owner/operator or this location (collectively, “Us”, “We” or “Our”). Your use of the Service is conditioned upon your acceptance of these terms and conditions. Your use of the Service constitutes your agreement to these terms and conditions. If you do not agree to these terms and conditions, do not use the Service. Only current guests at this location may use the Service. This Service is intended for individuals 13 years of age or older; if you are between 13 years old but not yet 18 (or the legal age of majority is different in your jurisdiction), please review these terms with your parent or guardian and use this Service with the permission of a parent or guardian.
1. NON-COMMERCIAL USE
The Service is provided, as-is and when available, solely for the personal, non-commercial use of current guests at this location. You agree to use the Service responsibly. You agree that you assume full responsibility and risk of your use of the Service and any information, data or content accessed thereby.
The Service is provided by Us without warranty or guarantee, and may be slow, intermittent, time limited or discontinued at any time. We may suspend or terminate your access to the Service at any time in our sole discretion.
3. SECURITY; MONITORING
You are responsible to ensure you are running up-to-date anti-virus software on any device you use to access the Service, and are using all current operating system updates. The Service may not be secure and you understand and agree that you shall have no expectation of privacy or security in your use of the Service, of any data or information you receive, convey or transmit through the Service or of any device you connect to the Service. We highly discourage you from conducting confidential transactions (such as online banking, credit card transactions, etc.) over any wireless network, including the Service. You are solely responsible for any unauthorized access, intrusion or damage to your device, data or information in connection with your access to or use of the Service. You acknowledge that your use of the Service may be monitored, that you consent to such monitoring, that you have no right or expectation of privacy, security or confidentiality in any information obtained through such monitoring and that such information may used and disclosed for any legal purpose. We reserve the right to remove, block, filter, or restrict by any other means any website, content or material that, in our sole discretion, may be illegal, may subject Us to liability, or may violate these terms and conditions. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. You hereby release Us and Our service providers from liability for any loss, damage, security infringement, or injury which you may sustain as a result of being allowed access to the Service.
4. INFORMATION OBTAINED
You may access the content and information of others using the Services that we do not control, and We are not and cannot be held responsible for any such content or information you access, view or obtain through the Service.
5. IMPERMISSIBLE USES
You agree to only access and use the Service in compliance with all laws and regulations, and to not use the Service for any purpose or in any way that is unauthorized, illegal, or that could result in harm, damage, injury, loss, or liability to you, Us, Our service providers or any other individual or entity (“Impermissible Uses”). Impermissible Uses of the Service include, but are not limited to, the following uses of the Service: (a) use of the Service in any way directly or indirectly prohibited by law, regulation, governmental order or decree; (b) to violate the rights of others or to facilitate any illegal or fraudulent scheme or activity; (c) to try to hack or gain unauthorized access to or disrupt any service, device, computer, data, account or network or to circumvent any security measures, or seek to gather any information or data to enable or support such activities; (d) to send unsolicited or bulk email (spam) or distribute, activate or operate malware, computer viruses or other harmful software or to invade another’s privacy or violate any data or information security; (e) in a way that could harm the resources used to provide the Service or impair anyone else’s use of them; (f) in any application or situation where failure of the Service could lead to the death or bodily injury of any person, or damage to property; (g) to receive, transmit or distribute any illegal material or material that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law; (h) to transmit or distribute advertisements or for any commercial solicitations of any kind; (i) to receive, transmit, display, publish or disseminate materials or content or engage in any other conduct or activity that infringes, violates or misappropriates any rights of others (including copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights); (j) to receive, transmit, display, publish or disseminate materials, content or language that is pornographic, sexually explicit, violent, threatening, obscene, indecent, lewd, insulting, tortious, abusive, hateful, defamatory, false, libelous, harassing, immoral, offensive, derogatory, harmful or otherwise objectionable or that encourages bodily harm or property damage, or that intimidates, defames, harasses, insults, offends or threatens anyone on the basis of race, creed, religion, ethnicity, sexual orientation, age, gender, immigration status or disability; (k) to transmit, display, publish or disseminate confidential, private or otherwise sensitive materials or information, including personally identifiable information, personal health information or personal financial information; (l) to plagiarize or make or distribute unauthorized copies of any software, data, content, work of authorship or information; (m) to intercept or examine any email, data or other communication without authorization; (n) to perpetrate any fake, fraud or misrepresentation, including seeking to mask or misrepresent the source or origin of any email or other message; (o) to corrupt or damage any data; (p) for the transfer, upload or download of any excessively large files or data or any other use that requires significantly high bandwidth; (q) to provide or resell any service or product; or (r) for any purpose that is unlawful or prohibited by these terms and conditions.
THE SERVICE IS PROVIDED AS-IS, AS AVAILABLE AND WITH ALL FAULTS AND SOLELY AS A CONVENIENCE YOU. WE (a) MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, AND (b) DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant that the Service will meet your needs, that your use of the Service will be uninterrupted, or that the operation of the Service will be error-free or free of any computer virus, malware or other harmful software or code. Further, We do not warrant, guarantee, or make any representations regarding the results of the use of the Service in terms or correctness, accuracy, reliability or otherwise. We exercise no control over and accept no responsibility for the content or information passing through the Service and specifically deny any responsibility for the accuracy or quality of information obtained through the Service. Use of the Service and any information obtained via the Service is at your sole risk. You assume the entire risk as to the results and performance of the Service.
7. DATA LOSS
WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR LOSS, DESTRUCTION OR CORRUPTION OF YOUR DATA.
8. LIMITATION OF DAMAGES
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL WE OR ANY OF OUR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST REVENUE, OR LOST, DAMAGED OR CORRUPTED DATA). IN THE EVENT THE FOREGOING LIMITATION OF DAMAGES IS UNENFORCEABLE, IN NO EVENT SHALL OUR AND OUR SERVICE PROVIDERS’ AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICE FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE) EXCEED THE LESSER OF YOUR DIRECT DAMAGES (IF ANY) OR FIFTY DOLLARS ($50.00).
9. WAIVER OF JURY TRIAL; CLASS ACTION WAIVER
EACH PARTY AGREES TO WAIVE AND HEREBY WAIVES THE RIGHT TO TRIAL BY JURY OF ANY ACTION, SUIT, PROCEEDING, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICES AND THESE TERMS AND CONDITIONS. YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
You agree to defend, indemnify and hold Us and Our service providers harmless from and against any and all claims, allegations, losses, damages, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or relating to your access to and use of the Service and/or your breach or violation of these terms and conditions. We shall have the right to control the defense and settlement of any indemnified claim, and you agree to fully cooperate with Us in connection therewith.
11. RULES OF CONSTRUCTION
Interpretation of these terms and conditions shall be governed by the following rules of construction: (a) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires; (b) the word “including” and words of similar import shall mean “including, without limitation”; (c) provisions shall apply, when appropriate, to successive events and transactions; (d) the headings contained herein are for reference purposes only and shall not affect in any way the meaning or interpretation of the terms and conditions; and (e) the terms and conditions shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
12. COPYRIGHT NOTICE
We respect the copyrights and intellectual property rights of others and require that you do the same as a condition to using the Service. You are prohibited from infringing the intellectual property rights of others. This prohibition includes the use of any content including images or photographs that are made available through the Service. Under the Digital Millennium Copyright Act (the “DMCA”), if you believe that any material available on our online services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as follows: Bojangles’ Restaurants, Inc., 9432 Southern Pine Blvd., Charlotte, NC 28273, Attn: General Counsel, Phone: 704-527-2675, Email: firstname.lastname@example.org. To be effective, the notification must be sent to our Designated Agent and must include all of the following: 1) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; 2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material; 4) information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
No delay or omission by either party to exercise any right or power it has under the terms and conditions shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant. All waivers must be in writing and signed by the party waiving its rights. The relationship of the parties established by the terms and conditions is solely that of independent contractors, and nothing contained in the terms and conditions shall be construed to make either party an agent of the other for any purpose whatsoever. The terms and conditions shall be interpreted and governed according to the laws of the State of North Carolina without regard to, or application of, choice of law rules or principles. All actions, suits or other proceedings arising out of or relating in any way to the Service or the terms and conditions shall be brought by you only in state and federal courts in Mecklenburg County, North Carolina, and you hereby knowingly, voluntarily, intelligently, absolutely and irrevocably waive and agree not to assert any objection you may now or hereafter have to the laying of venue of all actions, suits or proceedings in such courts and irrevocably submit to the jurisdiction of such courts. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to the Service or these terms and conditions must be initiated within one year from the relevant date of your access to the Service, and that no cause of action may be brought after that time. For any notices other than Copyright Notice, you agree to submit them via mail to Bojangles’ Restaurants, Inc., 9432 Southern Pine Blvd., Charlotte, NC 28273, Attn: Information Technology Department. You further agree that We shall have the right within Our sole discretion to change these terms and conditions at any time, effective upon posting of any changes thereto and that your use of the Service thereafter shall constitute your acceptance of any such changes; otherwise, no amendment to these terms and conditions shall be valid unless in writing and signed by Us and you. You agree that if any provision(s) of these terms and conditions are determined to be invalid or unenforceable under applicable law, the remainder of these terms and conditions shall continue in full force and effect. These terms and conditions set forth the entire and exclusive agreement between you and Us, superseding all prior or contemporaneous representations, proposals, quotes, agreements or understandings concerning the subject matter addressed herein.