The Fine Print




WHOLE FOODS (AUSTIN)

Terms of WiFi Use DeepCoolClear, LLC (DCC) operates this network on behalf of its customer and is responsible for all aspects of its operations and management. Read This Customer Agreement Carefully Before Using Our Wireless Internet Services. The terms and conditions of this Agreement shall govern the relationship between you and DCC. DCC provides its wireless Internet access services, as they may exist from time to time ("Services"), to patrons, guests and customers of our customer. By using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other customer policies posted on customer's Web site. Term Of Agreement Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services. Internet Content This network is provided as a service to guests visiting the store. Some internet content is inappropriate for public consumption, and may not be accessible here, the service is not designed for file sharing or video downloading, not all domain names will be available via this network. We apologize in advance if errors or oversights in our domain service cause reasonable web content to be redirected, please contact us if you wish. WiFi Privacy and Security You must use SSL or HTTPS to be secure over WiFi. Period. If you use POP3 or IMAP mail - please activate SSL - DO NOT USE port 110 or 25 for email- contact your email provider for info. Check that your banking, online email and other private matters have the HTTPS as part of the domain name. Be aware that Facebook has an HTTPS option and that facebook via HTTP is subject to hacking (as of December 2010). Use HTTPS Everywhere from eff.org to stop hacking. Web surfing (yahoo, google, anything not HTTPS) is subject to over the air sniffing. Here and everywhere. As of January 2011, yahoo mail is insecure. Subscription Requirements This web-site and the associated WiFi service and any other site operated by DCC is a complimentary information service. Customers must be at least 18 years old. Services are provide on an as-is basis. We reserve the right to change or remove the Services at our discretion. Government Regulatory and other Compliance DCC may disclose information regarding use of the Services for any reason if DCC, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental, copyright or legal requests; operate the Services properly; or protect itself and its Customers. Disclaimer Of Warranties And Limitation Of Liability EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY DCC, DCC DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. DCC HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. THE SERVICES AND THE LICENSED PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DCC DOES NOT WARRANT THAT EITHER THE SERVICES OR THE LICENSED PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DCC MAKES NO EXPRESS WARRANTIES AND CUSTOMER WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH DCC OR THE INTERNET GENERALLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THERE ARE SECURITY, PRIVACY AND CONFIDENTIALITY RISKS INHERENT IN WIRELESS COMMUNICATIONS AND TECHNOLOGY AND DCC DOES NOT MAKE ANY ASSURANCES OR WARRANTIES RELATING TO SUCH RISKS. NO ADVICE OR INFORMATION GIVEN BY DCC OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. DCC AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES, THE LICENSED PROGRAMS OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, DCC'S CUMULATIVE LIABILITY TO ANY CUSTOMER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES AND/OR LICENSED PROGRAMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY SUCH CUSTOMER DURING A ONE YEAR PERIOD. Acceptable Use Policy All users of the Services must comply with this Acceptable Use Policy (AUP). This AUP is intended to improve the use of our network by preventing unacceptable uses. We do not actively monitor the use of the Services under normal circumstances. Similarly we do not exercise editorial control or review over the content of any Web site, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict or redirect by any means, any materials that, in our sole discretion, may be illegal, may subject DCC to liability or may violate this AUP or otherwise may not be aligned with our business interests. DCC 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 Services and/or DCC account or other actions as detailed below. The following constitute examples of violations of this AUP. You agree to not use the Services to: (1) transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable; (2) harm, or attempt to harm, anyone especially minors 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 Services; (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 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) "stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; DCC requests that anyone who believes that there is a violation of this AUP direct the information to: hotspots@deepcoolclear.com . 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, including the time zone; and (3) evidence of the alleged violation. 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. Jurisdiction This Agreement is governed by Texas law without regard to conflict of law provisions.






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