Juice it up! Stockton WI-FI SYSTEM USER AGREEMENT

Please read the following information, terms, and conditions carefully before using the JIU Free Wi-Fi.

Welcome to the wireless high-speed Intranet and Internet access system ("Wi-Fi System") at Juice it up! Stockton (“JIU”). This agreement ("Agreement") governs your rights and responsibilities and our rights and responsibilities relating to the use of the Wi-Fi System. This Agreement is between you and this store Juice It Up! Stockton, the organization currently providing you access to this website described under Description of Wi-Fi System below.

BY USING THE JIU WI-FI SYSTEM, YOU REPRESENT that:

1. YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT AND

2. YOU ARE AT LEAST 18 YEARS OF AGE.

If you do not agree to the terms of this Agreement, do not use the Wi-Fi System.

Description of Wi-Fi System/Service Availability

JIU will provide access to the Wi-Fi System at locations ("Enabled Locations") that have been equipped with wireless access points. Access points or Enabled Locations may not be available in all areas of this store, and may not always be operational even if available.

There is no charge to use the Wi-Fi System; however, some internet sites may charge you for use. The Intranet website portion of the Wi-Fi System contains certain limited informational and entertainment content provided by JIU or third parties that have licensed content to JIU. JIU may provide links to other websites that are not under our control. These links are provided for convenience only and are not intended as an endorsement by JIU of the organization or individual operating the website or a warranty of any type regarding the website or the content on the website.

Access to Internet Content

JIU does not screen or restrict access to any content placed on or accessible through the Internet. JIU also does not screen or restrict communications between parties via the Internet. You acknowledge and agree that if you access the Internet you may receive or be exposed to content, goods or services which you may consider to be improper, inaccurate, misleading, defamatory, obscene, or otherwise offensive. You agree that JIU is not liable for any action or inaction with respect to any such content on the Internet accessible through the Wi-Fi System. In addition, JIU is not responsible for any content provided by third parties or licensed to JIU for inclusion within the Intranet portion of the Wi-Fi System.

USE OF THE WI-FI SYSTEM IS AT YOUR OWN RISK. INFORMATION YOU SEND OVER THE INTERNET USING THE WI-FI SYSTEM MAY BE ACQUIRED BY THIRD PARTIES. VIRUSES AND OTHER MALICIOUS SOFTWARE MAY BE ON THE WI-FI SYSTEM OR ON SITES THAT YOU VISIT ON THE INTERNET AND MAY INFECT YOUR COMPUTER. JIU ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY SUCH INFORMATION LOSS OR DAMAGES CAUSED BY MALICIOUS SOFTWARE OR FOR ANY OTHER DAMAGE OR LOSS TO YOU BY REASON OF YOUR HAVING USED THE WIFI SYSTEM.

Your responsibilities

You must 

1. agree with all current terms and conditions,

2. adhere to JIU’s Acceptable Use Policy described below, and 

3. provide all equipment (including computer hardware and software, personal digital assistants, smart phones, tablets, computers, wireless network cards, etc.) to connect to the Wi-Fi System, and

4. comply with local, state, and federal laws and regulations, including but not limited to copyright and intellectual property rights laws. 

You agree to be responsible for and to bear all risk and consequences for 

1. the accuracy, completeness, reliability and/or usefulness of any content available through the Wi-Fi System and 

2. all communications that you send or receive via the Wi-Fi System. 

JIU does not undertake the security of any data you send through the Wi-Fi System and it is your responsibility to secure such data.

Acceptable Use Policy (AUP)

All users of the Wi-Fi System must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of the Internet by preventing unacceptable uses. JIU does not actively monitor the use of the Wi-Fi System under normal circumstances. Similarly, we do not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, blog, social media, or other material created or accessible over or through the Wi-Fi System. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject JIU to liability or may violate this AUP. 

JIU may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. 

Violation of this AUP may result in the suspension or termination of either access to the Wi-Fi System or other actions as detailed below.

The following constitute examples of violations of this AUP. You agree to not use the Wi-Fi System to:

1. transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy;

2. harm, or attempt to harm, any person in any way;

3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Wi-Fi System;

4. transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

5. transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6. transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other mass form of solicitation;

7. transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

10. intentionally violate any applicable local, state, or federal law,

11. "stalk" or otherwise harass another;

12. resell access to or use of the Wi-Fi System without JIU’s written authorization;

13. use the Wi-Fi System for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.

JIU requests that anyone who believes that there is a violation of this AUP direct the information to: the cashier at the cash-register. 

If available, please provide the following information: 

1. the IP address used to commit the alleged violation; 

2. the date and time of the alleged violation; 

3. evidence of the alleged violation; and

4. your contact details including full name, email address and telephone number. 

When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.

Termination

You agree that JIU may terminate this Agreement and cancel your access to the Wi-Fi System you may have at any time, without notice and for any reason including, but not limited to, violation of any of the terms and conditions of this Agreement, security or safety reasons, and/or using the Wi-Fi System to perform any illegal activity. You further agree that in the event of such termination for any reason JIU will have no liability to you.

Termination by Unacceptable Usage

From time to time JIU may impose reasonable rules and regulations regarding the use of its services. The rules under this paragraph are not exhaustive and JIU reserves the right to modify these. You agree to abide by these rules. Any violation to these rules may result in the suspension or termination of your service. Even if an activity you perform is not listed in this document, it may also be a violation of these rules if it is illegal or disruptive to the network.

Notice of Problems or Complaints

If you experience a problem accessing or using the Wi-Fi System, report the problem by checking-in at the cash register. If JIU determines the Wi-Fi System is at fault, JIU will endeavor to provide a timely remedy in a manner consistent with its regular business practices.

Modifications to Agreement

JIU may, at its sole discretion, modify the terms and conditions of this Agreement. Such modifications shall be binding and effective upon posting on the Wi-Fi System 'Terms and Conditions' page. If you use the Wi-Fi System after postings of any such modifications, you accept and agree to any and all such modifications.

Indemnification

You shall indemnify and save harmless JIU and its officers, agents and employees from, and, if requested, shall defend and promptly reimburse them for, any all losses, claims, damages, injury, settlements, costs and liabilities of any nature arising out of, based upon, as a result, or in any way connected with your use of the Wi-Fi System or any breach of this Agreement; except to the extent that such indemnity is void or otherwise unenforceable under applicable law in effect on or validly retroactive to the date of this Agreement, and except where such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of JIU and is not contributed to by any act of, or by any omission to perform some duty imposed by law or agreement on you.

No Warranty

JIU PROVIDES NO WARRANTY WHATSOEVER WITH RESPECT TO USE OF THE WI-FI SYSTEM. THIS INCLUDES NO WARRANTY EXPRESS OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. JIU SHALL HAVE NO LIABILITY WITH RESPECT TO THEIR OBLIGATIONS UNDER THIS AGREEMENT FOR CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF JIU FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF ANY OF THE SYSTEM.

Entire Agreement, Applicable Law, Forum

This Agreement constitutes the entire agreement between you and JIU with respect to the subject matter hereof. This Agreement shall be construed under the laws of the United States and the State of California as applicable without giving effect to the principles of conflicts of law thereof.

DATA USE AND RETENTION

JIU Wi-Fi System does track and retain the MAC (Media Access Control) address associated with each device you connect to the Wi-Fi System. Each MAC address on the Wi-Fi System is tracked to determine the total length of time on the System and to help JIU Wi-Fi System improve the overall customer experience. Use of the Wi-Fi System is limited to 30 mins per connection. MAC addresses that are connected for more than 30 mins will be automatically disconnected. There are no restrictions to the number of times each MAC address can be connected. If disconnected, users are welcome to reconnect. MAC addresses will be retained for up to 10-years.