PLEASE READ THESE TERMS AND CONDITIONS OF USE VERY CAREFULLY. THEY MAY HAVE CHANGED SINCE THE LAST TIME YOU USED THIS SERVICE. BY USING THIS SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SERVICE. This is a legal agreement ("Agreement") between you and Staples, Inc. ("Staples") governing your access to and use of this Wi-Fi Service (the "Service"). The Service is available and can be used only by Staples customers currently in our store where the Service is offered.
BY USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE CURRENTLY A CUSTOMER IN THIS STAPLES® STORE AND YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM.
PERMITTED USE OF THIS SERVICE. Staples currently provides this service free-of-charge to its customers who agree to abide by the Terms and Conditions of this Agreement. Your use of this Service is limited to one (1) hour. You agree that you are solely and fully responsible for your activities while using this Service (including for any content, information and other materials you access, transmit or receive via this Service), and that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any unlawful or otherwise prohibited conduct. For the purposes of this Agreement, "Prohibited Conduct" means any conduct that is unlawful, infringing, or that causes personal injury, property damage, is defamatory or libelous, or puts at risk Staples or its property or any other party or property; that violates another party's intellectual property, privacy or other rights; or that otherwise interferes with the operation, use or enjoyment of any service, system or other property.You agree that you shall not engage in the following activities, which are illustrative of "Prohibited Conduct" and are in not intended to limit the meaning of that term. You shall not: (i) use the system in any way that may be considered unlawful, illegal, harmful, hostile, insulting, harassing, stalking, slanderous, vulgar, obscene, offensive, or pornographic. (ii) Interfere with, interrupt, intercept or expropriate any system, data or personal information, or infect any system with a computer virus or "worm", or destroy any programming, files, data, or web site, (iii) consent to or engage in activity, which may violate a local, national, or international law, or any activity which may result in civil liability under any such laws. (iv) "spoof", mimic or misrepresent your identity or association with any person or entity, or falsify or otherwise seek to conceal the source of any content provided by you; (v) use this site for advertising of any kind; (vi) use this site for bulk mailing or any commercial mass mailing operation, such as junk mail, spam, or similar schemes for profit; (vii) create a "mail drop" for such communications, or engage or permit e-mail relay services; (viii) collect information prepared by or about other users for any purpose; (ix) send or receive any material that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, trade secrets, rights to privacy, or publicity; (x) send or receive any material that you do not have a right to send or receive; (xi) engage in conduct that would expose Staples or its employees to civil or criminal liability; or (xii) assist others in engaging in any Prohibited Conduct.
INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Staples, its subsidiaries, affiliates and their respective officers, directors, shareholders, employees, agents and insurers from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement or any warranty you provide herein, or otherwise arising in any way out of your use of this Service. Staples reserves the right to take exclusive control of the defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Staples in defending such claim at no expense to Staples.
CONSEQUENCES OF UNPERMITTED USE. Without limiting any other available right or remedy, Staples reserves the right, and you agree that Staples shall have the right, to: (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests (for example, removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (ii) investigate immediately and involve and cooperate with appropriate law enforcement and/or other authorities regarding any illegal or unauthorized activities involving this Service. You agree that you will be liable to Staples for any damages incurred or amounts that are required to be paid by Staples that arise out of or are related to your violation of this Agreement, including, without limitation, fines, penalties, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.
YOU AGREE THAT STAPLES CAN MONITOR YOUR ACTIVITIES ON THE SITE. STAPLES RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND CONSENT THAT STAPLES MAY (BUT IS NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA THIS SERVICE (INCLUDING THEIR CONTENT) DURING TRANSMISSION AND IN CONNECTION WITH USE OF THIS SERVICE, AND MAY DISCLOSE ANY SUCH INFORMATION FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THIS AGREEMENT, APPLICABLE LAW, COOPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING STAPLES' RIGHTS, PROPERTY AND INTERESTS.
STAPLES IS NOT RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to Staples, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that Staples makes no assurance that your communications or activities will be or will remain private or secure, and agree that Staples assumes no responsibility in that regard. You agree that you, and not Staples, are solely responsible for your own privacy and security in using 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.
DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO STAPLES' CUSTOMERS, "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT STAPLES DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR (ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE SECURE, UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF STAPLES IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY STAPLES, ITS EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
You agree that you assume full responsibility and risk for your use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. Staples may, but need not, provide screening of certain materials.
LIMITATION OF STAPLES' LIABILITY. (a) YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED AS A CUSTOMER PRIVILEGE SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPOSE LIABILITY OF ANY KIND OR IN ANY AMOUNT ON STAPLES, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE; EVEN IF STAPLES IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF STAPLES, ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THIS SERVICE, SHALL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO ONE HUNDRED DOLLARS ($100). (c) YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORTS, OR (ii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Staples may, at any time and for any reason, change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease. Staples also reserves the right to update or revise this Agreement at any time without prior notice, and you agree that Staples may do so. Your continued use of this Service following an update to this Agreement signifies your acceptance of its revised terms.
MISCELLANEOUS. You agree that: this Agreement and your use of this Service shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles, and Staples shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the Commonwealth of Massachusetts, and you agree that such courts will have personal jurisdiction over you in such matters. You agree that this Agreement is solely between you and Staples. You agree that any action you bring that arises from or relates to this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time. You agree that if any provision(s) of this Agreement is determined to be invalid or unenforceable under applicable law, such provision(s) 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. You agree that this Agreement constitutes the entire agreement between you and Staples regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and Staples or any Staples regarding its subject matter. You agree that any notices given by you to Staples must be given by U.S. mail or overnight courier by a reputable carrier with receipt acknowledgement capabilities, to Staples, Inc., U.S. Stores Operations, 500 Staples Drive, Framingham, Massachusetts 01702.
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