By clicking “I accept”, YOU ARE CERTIFYING THAT YOU HAVE READ AND AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT (“Agreement”) between you and O’Charley’s, LLC or any of its subsidiaries or affiliates (“O’Charley’s”), governing your access and use of this Wi-Fi service (“Service”). Acceptance of these terms and conditions is mandatory for use of this Service. By utilizing the Service, you agree to waive your right to a jury trial in disputes with O’Charley’s, resolve your disputes with O’Charley’s by using an arbitrator, and waive your right to institute or participate in class action litigation against O’Charley’s.
AUTHORIZIED USE OF Wi-Fi
Wi-Fi service is provided free of charge as a courtesy and convenience to you while conducting business with O’Charley’s. You agree not to engage in any prohibited conduct. Prohibited conduct is any conduct that is illegal, or that interferes with the operation of O’Charley’s business, or that diminishes the enjoyment of services by other O’Charley’s customers including Wi-Fi users, or that is a violation of intellectual property rights and privacy rights, or that is in any other way potentially adverse to the interests and reputation of O’Charley’s.
Specific examples of prohibited conduct include without limitation: attempts to intercept, interfere, or gain unauthorized access to transmissions or communications not belonging to yourself, causing an unreasonable or disproportionate load on this Service or any other resources accessed through this Service, sending or indirectly aiding the transmission of “spam”, chain letters or other unsolicited communications, sending content that “spoofs” or otherwise disguises the true origin of your transmissions, access, downloading, or transmission of objectionable material containing data that: (i) are pornographic, lewd, indecent, or obscene; (ii) are fraudulent, libelous, defamatory, or intended to facilitate the commission of a crime; (iii) contain computer viruses; (iv) harass, threaten, advocate, or encourage violence against any individual, group, organization or government; (v) violate copyright or contractual terms; or (vi) directly or indirectly expose O’Charley’s to civil or criminal liability. You agree that use of Wi-Fi is contingent on your conduct as a good Internet citizen.
CONSENT TO MONITORING
O’Charley’s reserves the right, and you agree that O’Charley’s may monitor your communications and activities via this service, and may disclose any such information for the purposes of ensuring your compliance with this Agreement, with applicable law, with requests from legal authorities, and in otherwise safeguarding O’Charley’s rights, property, and interests. O’Charley’s will not intentionally disclose personally identifying information obtained as part of your Wi-Fi sessions to third parties, such as your email address or phone number, without your permission, except as may be required by applicable law.
COMMUNICATIONS AND MONITORING
In the course of providing the Service to you and operating the Service for you, O’Charley’s may receive certain information about content you access, send, receive or use while accessing the Service, such as URLs and, for transmissions via HTTP or HTTPS, search terms, application commands, files names, file sizes and file types, when you use or access the Service. O’Charley’s may also receive certain information about communications you may engage in, access, send, receive or use while accessing the Service, such as any of the information noted above, and address information, such as recipient and sender email address, or recipient or sender phone number in the case of text messaging via phone when such information is transmitted via an unencrypted manner. O’Charley’s may use this content and communications-related information for the following purposes, and will retain the information consistent with these uses:
- To filter or block inappropriate content, such as adult content or pornography;
- To provide reasonable security measures such as logging and monitoring use of the Service to help prevent unauthorized access;
- Making reasonable efforts to ensure an appropriate level of consistent service, including the availability and speed of the Service, subject to applicable disclaimers and limitations described herein;
- Troubleshooting and addressing potential and actual problems with the Service; and
- Disclosing information to law enforcement and government agencies as may be deemed necessary, in their or O’Charley’s discretion, consistent with applicable legal requirements.
You understand that O’Charley’s will receive certain information about communications and content you engage in or send, receive, and/or access while using the Service, and you unconditionally agree and consent to O’Charley’s receipt, collection, use, storage and disclosure of that information, as described above and elsewhere in these Terms and Conditions. You agree and understand that O’Charley’s may, but is not required to, proactively monitor content, communications and activities undertaken using the Service. It is your responsibility to know and understand the risks of using public communication means, such as unsecured Wi-Fi, for transmission of any communications and content.
YOU ARE RESPONSIBLE FOR YOUR SECURITY, PRIVACY, AND CONTENT
You agree that you are solely responsible for your activities while using this Service and bear all risks associated with its use. The Internet, and this Service, provides interconnection to other Internet users and their computers which may be harmful to your computer, its software, its data, and to any devices directly or indirectly connected to it. Further, it may expose you personally to content you find objectionable, harmful, or malicious. YOU ACKNOWLEDGE THAT USE OF THE INTERNET IN GENERAL, AND OF THIS WIRELESS SERVICE IN PARTICULAR, CARRIES INHERENT RISKS AND THAT YOU HAVE NO EXPECTATION OF PRIVACY, SECURITY, SAFEGUARD FROM HARM, OR PROTECTION FROM OBJECTIONABLE CONTENT WHEN USING THIS SERVICE. You agree that you, and not O’Charley’s, bear all responsibility for your own privacy and security and any content accessed while using this Service, and that O’CHARLEY’S ASSUMES NO RESPONSIBILITY OF ANY KIND FOR ADVERSE CONSEQUENCES ARISING FROM YOUR USE OF THIS SERVICE.
DISCLAIMNER OF WARRANTY
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, AND IS PROVIDED SOLELY AS A CONVENIENCE TO GUESTS OF O’CHARLEY’S. YOU AGREE FURTHER THAT O’CHARLEY’S 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; or (ii) THAT ACCESS OR USE OF THIS SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, SECURE, DEFECT-FREE; or (iii) THAT PROBLEMS WILL BE CORRECTED, REGARDLESS OF WHETHER OR NOT O’CHARLEY’S IS NOTIFIED OF SUCH PROBLEMS. YOU AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND WHAT IS WRITTEN IN THIS AGREEMENT. YOU AGREE THAT NO ADVICE OR INFORMATION GIVEN BY O’CHARLEY’S OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS O’CHARLEY’S, ITS SUBSIDIARIES, AGENTS, DISTRIBUTORS, SERVICE PROVIDERS, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AND EMPLOYESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, AND DAMAGES INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES RESULTING FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT OR ANY WARRANTY PROVIDED HEREIN OR OTHERWISE ARISING IN ANY WAY OUT OF YOUR USE OF THIS SERVICE. O’CHARLEY’S RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY SUCH CLAIM OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH CASE YOU WILL COOPERATE FULLY WITH O’CHARLEY’S IN MAKING A DEFENSE.
Authorized use of this Service depends on your compliance with the terms of this Agreement. O’Charley’s reserves the right at its sole discretion to take action against violations of this Agreement by limiting or blocking access, suspending or terminating services, and cooperating with appropriate authorities regarding any illegal or unauthorized activities involving this Service. You agree to be liable to O’Charley’s for any damages incurred or amounts that are required to be paid by O’Charley’s that arise out of or are related to your violation of this Agreement.
TERM AND TERMINATION
You agree that O’Charley’s may change, suspend, or terminate this Agreement at any time for any reason without prior notification. O’Charley’s also reserves the right to update or revise this Agreement at any time without prior notice and that your continued use of this Service after such change constitutes your acceptance of its revised terms.
ABILITY TO ACCEPT TERMS
You warrant and represent that you have the legal authority to accept these Terms and Conditions on behalf of yourself and all persons and legal entities that you represent, sufficient to cause all such persons and entities to be legally bound to these Terms. You also warrant and represent that you have the legal authority to accept these Terms and Conditions on behalf of the owner of the device you are using to access the Service, in the event you are not the device owner. By clicking to accept the Terms and Conditions or by accessing or using the Service, you signify your agreement, and the agreement of all persons or legal entities you represent including the owner of the device (if applicable), without limitation or qualification, to be bound by these Terms and Conditions. You further warrant and promise that you have the legal capacity to enter into this agreement and these Terms and Conditions or, if not, that your parent(s) or legal guardian(s) have consented to your use of this Service and accept these Terms and Conditions on your behalf. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms and Conditions, you may not use this Service. Hereinafter, references to “you” and “your” include you, your legal guardian or parent (if applicable), and any persons or entities that you represent, inclusive of the device owner (if applicable).
You agree that this Agreement and your use of this Service shall be governed by the laws of the State of Tennessee, and that exclusive jurisdiction for all controversies or claims shall be in the State of Tennessee, and that O’Charley’s shall have at all times the right to seek injunctive relief available to it under applicable laws. You agree that this Agreement does not create, and you and O’Charley’s expressly disclaim, any other third-party beneficiary relationship. You agree that this Agreement constitutes the entire agreement between you and O’Charley’s regarding its subject matter and supersedes any other verbal or written agreements between you and O’Charley’s. You agree to send all official correspondence regarding this Agreement by regular mail to O’Charley’s, LLC, Attn: Legal Department, 3038 Sidco Drive, Nashville, Tennessee 37204.
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