Honda of Kirkland Complimentary WiFi Usage Terms & Conditions

*****Honda of Kirkland Complimentary WiFi Service*****

In order to use the Service, you MUST agree to and comply with the Terms of Service and Acceptable Use Agreement below. By accepting the Terms of Service and Acceptable Use Agreement, you are also agreeing that Honda of Kirkland is not a provider of the Service and is in no way LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE. Furthermore, you agree, at your expense, to defend and hold harmless Franchisor, Honda of Kirkland and their respective affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys’ fees resulting from any claim that your use of the Service injured or otherwise violated any right of any third party or violated any law.

Terms of Service and Acceptable Use Agreement

All users of the Service MUST agree to and MUST comply with this Terms of Service and Acceptable Use Agreement (this “Agreement”).

You are about to access the Internet through a wireless access node (“Node”) operated by Honda of Kirkland. You may use the Service only if you agree to this Agreement each time you access the Service. Please read all of the terms of this Agreement and then accept or reject the terms at the bottom of this Agreement. If you agree with and accept the terms of this Agreement, please indicate your acceptance by clicking the button marked “I Accept”. If you reject the terms of this Agreement, you must disassociate your hardware from the Service immediately, and you may not connect to the Service again until such time that you do agree with and accept the terms of this Agreement.

Access to the Service: The Service is made available by Honda of Kirkland. Your access to the Service is completely at the discretion of Honda of Kirkland, and your access to the Service may be blocked, suspended, or terminated at any time for any reason, including, but not limited to, violation of this Agreement, actions that may lead to liability for Honda of Kirkland (or any of their respective staff and associated persons and organizations), disruption of access to other users or networks, and violation of applicable laws or regulations. Honda of Kirkland may revise this Agreement at any time. You must accept this Agreement each time you use the Service and it is your responsibility to review it for any changes each time you access the Service.

Acceptable Use of the Service: Honda of Kirkland supports the free flow of information and ideas over the Internet. Although Honda of Kirkland has no obligation and accepts no obligation to monitor your use of the Service nor edit or censor content transmitted (via e-mail, downloading, uploading, posting, or otherwise) through the Service, your access to the Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable law or regulation or the rights of Honda of Kirkland (or any of their respective staff and associated persons and organizations) or any third party. The use of the Service for the following activities is prohibited:

Spamming and Invasion of Privacy: Sending of unsolicited bulk and/or commercial messages over the Internet using the Service or using the Service for activities that invade another’s privacy.

Intellectual Property Right Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

Obscene or Indecent Speech or Materials: Using the Service to advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. Honda of Kirkland will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.

Defamatory or Abusive Language: Using the Service to transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Hacking: Accessing illegally or without authorization computers, accounts, equipment or networks belonging to another party, or attempting to penetrate security measures of another system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation of and sending Internet viruses, worms, Trojan Horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the Node or any connected network, system, service, or equipment.

Facilitating a Violation of this Agreement: Advertising, transmitting, or otherwise making available any product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.

Other Illegal Activities: Using the Service in violation of any applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, or making fraudulent offers to sell or buy products, items, or services

Resale: The sale, transfer, or rental of the Service to customers, clients or other third parties, either directly or as part of a service or product created for resale.

Notice of Violations of This Agreement: Honda of Kirkland requests that anyone who believes that there has been a violation of this Agreement direct the information to: [email protected]

Notification of Copyright Infringement Claims: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information, or other materials appearing on the Service infringes your copyright, you (or your agent) may send Honda of Kirkland’s designated agent a notice requesting that the item, information or material be removed, or access to it blocked. You can contact Honda of Kirkland’s Designated Agent at: [email protected]

Disclaimer: You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that Honda of Kirkland does not guarantee the security of the Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; (iv) that Honda of Kirkland’s ability to provide the Service without charge is based on the limited warranty, disclaimer and limitation of liability specified in this Agreement and we would incur or require a substantial charge if any of these provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE SERVICE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY HONDA OF KIRKLAND OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

No Consequential Damages: UNDER NO CIRCUMSTANCES WILL HONDA OF KIRKLAND (or any of their respective STAFF OR ASSOCIATED PERSONS OR ORGANIZATIONS, SUPPLIERS OR LICENSORS, OR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE USER, CUSTOMER, ITS APPOINTEES OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT Honda of Kirkland (INCLUDING ANY OF THEIR RESPECTIVE STAFF AND ASSOCIATED PERSONS AND ORGANIZATIONS) MAY INCUR IN ANY ACTION OR PROCEEDING RELATED TO THE SERVICE EXCEED ONE US DOLLAR ($1.00). THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.

Indemnity: You agree to indemnify and hold harmless Franchisor, Honda of Kirkland (and their respective staff and associated persons and organizations, suppliers and licensors, officers, directors, employees, agents and affiliates) from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Service, any materials downloaded or uploaded through the Service, any actions taken by you in connection with your use of the Service, any violation of any third party’s rights or an violation of law or regulation, or any breach of this Agreement. This Section will not be construed to limit or exclude any other claims or remedies that Honda of Kirkland may assert under this Agreement or by law.

Arbitration: You agree to submit any and all controversies or claims arising out of or relating to this Agreement or the existence, validity, breach or termination thereof, whether during or after its term, to the American Arbitration Association (“AAA”) for final disposition by compulsory arbitration under AAA’s Commercial Arbitration Rules and Supplementary Procedures for Commercial Arbitration. The arbitration proceeding will take place in Portland, Maine. The arbitrator may, at either party’s request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent the parties from seeking interim injunctive relief against one another.

Interpretation: This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with Maine law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. Each provision of this Agreement shall be valid and enforceable to the fullest extent allowed by, and shall be construed whenever possible as being consistent with, applicable law. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. Honda of Kirkland’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede Honda of Kirkland’s right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Honda of Kirkland with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and Honda of Kirkland with respect to its subject matter and supersedes all prior written agreements or understanding.

Additional Terms and Conditions: Honda of Kirkland provides limited but free Internet access points or “hot spots” during most hours, except during maintenance procedures, for guest’s personal use with portable computers or devices capable of receiving wireless signals. These access points allow guests to access the Internet from their web-enabled devices when within range of these access points. As with most public wireless “hot spots,” Honda of Kirkland provided wireless connection is not secure. Any information being sent or received could potentially be intercepted by another wireless guest. Cautious and informed wireless guests should not transmit their credit card information, passwords or any other sensitive personal information while using any wireless “hot spot.” Guests assume all associated risks and agree to hold harmless Franchisor, Honda of Kirkland and their employees for any personal information (e.g. credit card) that is compromised, and for any damage caused to guest’s hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access guests should have up-to-date virus protection on their personal laptop computers or wireless devices. Due to the proliferation of Wi-Fi networks, Honda of Kirkland’s guests may also be able to access other Wi-Fi networks within the restaurant that are not provided by Honda of Kirkland. Use of these non-Honda of Kirkland wireless networks within the Honda of Kirkland’s facilities is also governed by these policies. Honda of Kirkland strongly recommends you do not use other Wi-Fi networks. If a guest has problems accessing the Internet over any Wi-Fi connections, Honda of Kirkland’s staff cannot assist in making changes to the guest’s network settings or perform any troubleshooting on the guest’s computer. Guests should refer to their owner’s manuals or other support services offered by their device manufacturer. All guests are expected to use Honda of Kirkland’s wireless access in a legal and responsible manner, consistent with the public service and informational purposes for which it is provided. Guests should not violate federal, state or local laws, including the transmission or receiving of child pornography or harmful material, fraud, or downloading or uploading copyrighted material. Any restriction or monitoring of a minor’s access to Honda of Kirkland provided wireless network is the sole responsibility of the guest. Honda of Kirkland is providing wireless connectivity in this facility as a public service and offers no guarantees or representations that any use of the wireless connection is in any way secure, or that any privacy can be protected when using this wireless connection. Use of this wireless connection is entirely at the risk of the guest, and Honda of Kirkland is not responsible for any loss of any information that may arise from the use of the wireless connection, nor is Honda of Kirkland responsible for any loss, injury, or damages resulting from the use of the wireless connection. Anyone using the wireless network provided by Honda of Kirkland is forewarned that there can be no expectation of privacy when using the wireless network.