MILLER’S ALE HOUSE, INC. PUBLIC WI-FI TERMS OF USE

EFFECTIVE DATE: August 25, 2016

This is a legal agreement (the “Agreement”) between you and Miller’s Ale House, Inc. (“MAH”) governing your access to and use of the Wi-Fi service (the “Service”) that MAH provides to guests at its restaurants. Only current guests at this MAH location may use this Service.

BY CLICKING YOUR ACCEPTANCE OR BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE A CURRENT GUEST OF THIS MAH LOCATION AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE LEGALLY BOUND BY THEM. If you are not a current guest of this MAH location, and/or you do not wish to be bound by this Agreement, you may not use or access the Service.

If you use the Service, you warrant and represent that either (i) you are of a sufficient age and mental capacity to be legally bound in contract; or (ii) your parent(s) or legal guardian(s) have consented to your use of the Service and accept this Agreement on your behalf, and that you are responsible for the activity and conduct of anyone that you permit to use the Service.

In consideration for your use of the Service and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree for the benefit of MAH and any of its service providers to be bound by this Agreement, and MAH shall have the right to enforce the terms of this Agreement.

  • 1. Access. The Service is a public service provided by MAH. Your access to the Service is completely at the discretion of MAH, and your access to the Service may be blocked, suspended, terminated, slowed, or otherwise curtailed at any time for any reason, including, but not limited to, any violation of this Agreement, actions that may lead to liability for MAH, disruption to other users or networks, and violation of applicable laws or regulations. You must accept this Agreement each time you use the Service. Therefore, it is your responsibility to review this Agreement for any changes prior to each use, and you will be required to indicate acceptance of the modified Agreement before further access to the Service is granted. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, lack of signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
  • 2. Monitoring. By using the Service, you acknowledge and consent that MAH may (but is not required to) monitor your communications and activities via the Service (including their content) during transmission, and in connection with accessing and the use of the Service, including, without limitation, information about devices through which you access the Service (including without limitation, the device type and device media access control identification information), usage times and volume. MAH may (but is not required to) collect and use personally identifiable information to assist in provisioning of the Service and to monitor network health and performance and otherwise solve problems associated with the Service.
  • 3. Use of Service. By using the Service, you agree that you are authorized to use the Service solely while you are a guest at this MAH location, subject to the terms and conditions of this Agreement. You agree that you are fully responsible for your activities while using the Service (including content, information and other materials you access or transmit via the Service), and that you shall bear all risks regarding use of the Service. You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You agree not to use the Service in any manner that could damage MAH’s property or other’s property, or interferes with, harms or disrupts MAH’s system or other systems or other users. You agree to comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive or harmful to the recipient. You agree not to use the Service for any fraudulent, unlawful, harassing or abusive purpose, or in any way that would damage or cause risk to MAH’s business, reputation, employees, facilities, or to any other person. Improper and prohibited use includes, but is not limited to the following:
    • a. Using the Service to violate any law, statute, ordinance or regulation, including without limitation, the laws and regulations governing export control, unfair competition, unauthorized use of proprietary information, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, spamming, privacy, data transfer, and telecommunications;
    • b. Using the Service in a manner which presents a material security risk or will interfere materially with the continued operation of the Service;
    • c. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel-bots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    • d. Using the Service to 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;
    • e. Using the Service in a tortious manner, including without limitation, engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved;
    • f. Using the Service to 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;
    • g. Using the Service in any manner that infringes another’s copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights of publicity, including failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works or derivative works protected by intellectual property laws or removing or altering applicable copyright, trademark, or patent notices;
    • h. Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, in violation of applicable law;
    • i. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, “pyramid schemes”, “spam”, “chain mail” or “junk mail”;
    • j. Using the Service to “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 a TCP/IP packet header or sender identification information in any communication;
    • k. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
    • l. Using the Service to gain illegal or unauthorized access to other computers or networks with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
    • m. Interfering or attempting to interfere with the access of any user, host or network;
    • n. Using the Service to engage in any activity that is harmful to a minor, or permit a minor to use this Service to access any content intended for adults; or
    • o. Assisting others in engaging in any improper or prohibited use.
  • 4. Violation of Use of Service. If MAH suspects violations of any of the above, MAH will investigate and, where appropriate, MAH may (i) institute legal action; (ii) deactivate the Service or your access to the Service without prior notice to you; and/or (iii) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree that you will be liable to MAH for any damages incurred or amounts that are required to be paid by MAH 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.
  • 5. Limitations of Liability; Indemnification. Under no circumstances shall MAH, its affiliates, officers, directors, shareholders, and employees (collectively the “MAH Parties”) be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, inability to use, the Service or for any other matter related to MAH. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MAH has been advised of the possibility of such damage. You agree to indemnify, defendant, and hold harmless the MAH Parties from and against any and all claims (including intellectual property infringement claims), actions, demands, liabilities, settlements, judgments, costs and expenses, including without limitation, reasonable attorneys’ fees, arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use, or anyone using your account, of the Service. MAH 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 MAH in asserting any available defenses.
  • 6. Privacy and Security. Wireless connectivity, as provided through the Service, is not secure. Communications may be intercepted by others and your equipment may be subject to surveillance and/or damage. Accordingly, you understand and agree that you shall have no expectation of privacy or security in your use of the Service. MAH make no assurances that your communications or activities while using the Service, or your use of any information or data obtained by you by accessing the Service, will be (or will remain) private or secure, and you further agree that MAH assumes no responsibility in that regard. You agree that you, and not MAH, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you via 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. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).
  • 7. Warranty Disclaimer. You acknowledge and agree that the Service is provided solely as a convenience by MAH to you as a guest on a “as is,” “as available,” “with all faults” basis. You further acknowledge and agree that the Service is being provided without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The MAH Entities do not warrant that the service is reliable, that the Service will be available at any particular time or location, that any defects or problems will be corrected, or that the Service is free of viruses or other harmful components. Your use of the Service is solely at your own risk. You further acknowledge and agree that MAH does not control nor is MAH responsible or liable for data, content, services, or products (including software) that you access, download, receive or buy via the Service. MAH may block information, transmissions or access to certain information, services, products or domains to protect MAH, MAH’s network, the public, users, or guests; therefore, messages and other content may be deleted before delivery. You assume any and all liability that may arise out of the content transmitted by you or to you using the Service. The Internet contains a variety of materials that may be offensive to you. You agree that you assume full responsibility and risk of use of the Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other material you may encounter online.
  • 8. Changes/Updates to Terms; Termination. You agree that MAH may, at any time and for whatever reason, change, terminate, limit or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. MAH also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing, your continued use of the Service following any update to this Agreement signifies your acceptance of its revised terms.
  • 9. Copyright/Trademark Infringement Claim. You agree to adhere to all applicable copyright and trademark laws. MAH may disable or terminate any user and remove or modify any ability to obtain certain content through this Service in our discretion. If you believe you have a copyright or trademark infringement claim resulting from material accessed via this Service, you may notify MAH at: Miller’s Ale House, Inc., c/o Legal Department, 5750 Major Blvd., Suite 400, Orlando, FL 32819, Tel. (407) 547-1120, Fax (321) 400-6196, or Email: legal@millersalehouse.com.
  • 10. Miscellaneous. You agree as follows:
    • a. This Agreement constitutes the entire agreement between you and MAH regarding its subject matter. The Agreement and your use of the Service are governed by the laws of the State of Florida, without regard to conflicts of laws principles. The exclusive jurisdiction for all controversies or claims under this Agreement shall be the federal and state court in the State of Florida, Orange County, and you agree that such courts will have personal jurisdiction over you in such matters.
    • b. MAH shall at all times have the right to seek injunctive or equitable relief available to it under applicable laws.
    • c. If any provision of this Agreement is determined to be invalid or unenforceable under applicable law, such provision 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.
    • d. Any notice from you to MAH must be given to: Miller’s Ale House, Inc., c/o Legal Department, 5750 Major Blvd., Suite 400, Orlando, FL 32819, Tel. (407) 547-1120, Fax (321) 400-6196, or Email: legal@millersalehouse.com. All such notices must identify which MAH location you accessed the Service.