The TBC Corporation ("TBC"), the parent of the TBC Retail Group, Inc., provides a wireless internet access service ("WiFi Service) without charge to its customers and visitors ("Users") during their visit to our retail stores that enables Users to connect to the Internet. Because the internet is an uncontrolled environment, TBC's WiFi Service Acceptable Use Policy ("Policy") is intended to enhance the User's experience while on our premises and to prevent illegal, unacceptable or offensive use. By logging on to TBC's WiFi Service, the User provides TBC an electronic acknowledgement and acceptance of the terms of this Policy which are set forth below. If you do not agree to the terms of this Policy you may not use TBC's WiFi Service.
TBC reserves the right in its sole discretion to terminate, suspend or block access to its WiFi Service at any time to anyone TBC deems to be in breach of this Policy, or is behaving in an inappropriate, disruptive, unsociable manner or for any other reason while using WiFi Service on our premises.
TBC reserves the right to, but may not remove, block, filter or restrict access to some material that, in its sole discretion, TBC believes may be illegal or might violate this Policy. However, TBC is not able to screen or restrict access to all of the content, goods, or services that is placed on or accessible through the Internet. TBC also does not monitor, screen or restrict communications between Users and third parties via the Internet. Accordingly, each User acknowledges that by their access to the Internet via TBC's WiFi Service they may receive, be exposed to, or expose others to content, goods or services which the User or other guests on TBC premises consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. Each User agrees that TBC is not liable for any action or inaction by TBC with respect to their exposure to any content on the Internet that is accessible through the Wi-Fi Service or any information that the User transmits using the WiFi Service. Furthermore, TBC cannot provide security for or guarantee that any of User's data will not become lost, corrupted, or intercepted in transit and cannot take responsibility if you lose an email or a download or any other kind of transmission, or if someone gains access to your passwords, or for any other like circumstances. It is the User's responsibility to safeguard against the risks of hacking, viruses, eavesdropping, and all other such hazards.
TBC may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong and TBC may disclose User communications and activities using the Wi-Fi System in response to lawful requests by governmental authorities, including Patriot Act requests, and judicial orders.
Each User agrees not to use the WiFi Service to:
TBC's WiFi Service may degrade or become unavailable at any time, and without notice. If this happens, TBC will endeavor to restore the service as soon as we can, but TBC shall have no liability to the User or any third party for any loss or degradation of WiFi Service.
TBC's WI-FI SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TBC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TBC MAKES NO EXPRESS WARRANTIES AND USER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE TBC WIFI SERVICE OR THE INTERNET GENERALLY. USER EXPRESSLY ACKNOWLEDGES THAT THERE ARE, AND ASSUMES ALL RESPONSIBILITY RELATED TO, THE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND TBC DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY TBC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY.
EACH USER AGREES TO DEFEND, INDEMNIFY AND HOLD TBC, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS HARMLESS FROM AND AGAINST, AND SHALL 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 THAT ARISES OUT OF, BASED UPON, RESULTS FROM, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF TBC'S WI-FI SERVICE OR ANY BREACH OF THIS AGREEMENT.
NEITHER TBC AND ITS AFFILIATED COMPANIES NOR THEIR EMPLOYEES, AGENTS, VENDORS, AND LICENSORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE TBC WIFI SERVICE OR THE INTERNET, SPECIFICALLY EXCLUDE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
TBC reserves the absolute right to alter the terms and conditions stated in this Policy at any time and for any reason.