1. Acceptance of Agreement by Use/Activation.
Your electronic acceptance, activation or use of the Service constitutes your acceptance of the Agreement, and has the same force and effect as if you had actually signed the Agreement.
2. Service Availability.
A Wi-Fi enabled device is required for use of the Service. It is your responsibility to ensure that your device is compatible with the Service. Availability and performance of the Service is subject to all the limitations of your device. Service is only available at Raley’s, Bel Air, Nob Hill Foods and Food Source locations designated by Raley’s (“Locations”). The Locations are subject to change at any time without notice. Actual Service coverage, speeds and quality may vary, subject to such conditions as availability; service failures; transmission, equipment or network problems or limitations; interference; signal strength; and maintenance and repair. Service may be interrupted, refused, limited, curtailed or terminated by Raley’s at any time and for any or no reason. We are not responsible for your data or any damage to your device from using the Service. We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion for any reason that we deem to be in the interests of Raley’s or our customers. Once you have access to the Service, it will time-out after thirty minutes of inactivity. Raley’s does not warrant Wi-Fi speed and is not obligated to take action to maintain or increase Wi-Fi speed. The Service is not intended for high-bandwidth applications, such as streaming video. Raley’s does not guarantee the accuracy and timeliness of data received by your device. Further, we are under no obligation to (i) conform our hardware or software components to any Wi-Fi “standard,” whether 802.11b/g or later, or (ii) configure components to be accessible to any fixed or mobile device equipped to access Wi-Fi networks, including notebook and laptop computers, mobile telephones, personal digital assistants, tablets, pads, e-readers and other similar devices so equipped.
3. Use of Service.
(a) Your single user account is intended solely for your own use of the Service through one device per log-in session. You agree not to resell or attempt to resell any aspect or portion of the Service, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. We may change your IP address, log-in name or password at any time. We will assign you an IP address each time you access the Service, and it will vary. You shall not program any other IP address into your device. You agree that we may access your device and certain information stored on it (such as drivers, software, etc.) to troubleshoot issues related to the device or network; enable, operate and update the Service and software; investigate activity that may be in violation of the Agreement; or to comply with law. In addition to those activities prohibited above, acceptable uses do not include the following:
- modifying, adapting, translating, or reverse engineering any portion of the Service;
- attempting to break security, access, tamper with or use any unauthorized areas of the Service;
- removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
- attempting to collect or maintain any information about other users of the Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
- logging onto the Service under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as “spam,” or “chain” mail or otherwise interfering with other users’ enjoyment of the service;
- transmitting content that falsely expresses or implies that it is sponsored or endorsed by Raley’s, that infringes on, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party (including Raley’s), or that, in Raley’s sole discretion, is defamatory, abusive, tortious, threatening, obscene, hateful, objectionable, unlawful or promotes or encourages illegal activity;
- attempting to intercept, tamper with, collect or store data posted by a third party without their consent or to breach the security of the Service;
- transmitting any viruses, worms, defects, Trojan horses or other items of a nature destructive to software, hardware, data, networks or otherwise
- overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service, Raley’s network or Raley’s websites; or
- using the Service for any unlawful, harassing, abusive, criminal or fraudulent purpose
(b) If Raley’s suspects violations of any of the above, we may: (i) institute legal action, (ii) immediately terminate this Agreement and the Service, (iii) terminate any other agreements between us, and/or (iv) cooperate with law enforcement authorities in enforcement and bringing legal proceedings. You agree to reasonably cooperate with us in investigating suspected violations.
(c) Raley’s reserves the right to install, implement, manage and operate software, monitors or other solutions designed to assist in identifying and tracking activities which are illegal or violate this Agreement, and any other activities that may subject Raley’s or its customers to harm or liability. Raley’s disclaims all liability for any failure on its part to prevent such activities, and for materials or information related to those activities, from being transmitted over the Service or into your device.
4. Content Disclaimer: Cautions and Restrictions.
Raley’s does not control and is not responsible for data, content, advice, opinions, services, or products that you access, receive, buy or download through the Service. Raley’s has no duty to block data transmissions to protect the Service, its users or the public. Should Raley’s elect to do so, messages and other content may be deleted before delivery to you.
If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to them. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies. Raley’s has no responsibility for third party provider policies, or their compliance with them.
You understand that all content which you may have access to through your use of the Service is the sole responsibility of the person or web site from which such content originated. While using the Service, you may encounter websites created and maintained by third parties to mimic websites of other parties (a “Spoof Website”). You agree that Raley’s has no responsibility for any harm you or others may suffer as a result of information you obtain from or provide to such Spoof Websites.
5. Termination or Modification of Agreement
At any time, for any reason or no reason, without notice or liability to you or any third party, Raley’s has the right to:
1) modify the Service
2) terminate this Agreement and the Service
6. Digital Millennium Copyright Act (“DMCA”) Notice.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that that any material available via the Service infringes a copyright, file a notice. To file a notice of copyright infringement with us, please send a written communication by fax or regular mail to Raley’s General Counsel. Provide information reasonably sufficient to permit Raley’s to contact you (email address is preferred). We will respond expeditiously to follow the procedures specified in the DMCA to resolve your claim against the party who has allegedly infringed.
(a) YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. RALEY’S, ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, ANY ADVICE OBTAINED THROUGH THE SERVICE, OR THAT THE SERVICE WILL PERFORM AT A PARTICULAR SPEED, OR BE UNINTERRUPTED, ERROR-FREE OR SECURE. THE SERVICE AND THE INFORMATION ON IT ARE PROVIDED “AS IS.” RALEY’S, ITS SUPPLIERS AND LICENSORS DO NOT MAKE, AND HEREBY DISCLAIMS TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER RALEY’S OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY’S USE, MISUSE OR RELIANCE ON THE SERVICES OR ARISING FROM ANY CLAIM RELATED TO THIS AGREEMENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY FROM RALEY’S, ITS SUPPLIERS AND LICENSORS, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE, OR FOR ANY LOST REVENUES, LOST PROFITS OR LOSS OF BUSINESS REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE, EVEN IF RALEY’S, ITS SUPPLIERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In addition, Raley’s and its suppliers and licensors will not be responsible for any damages, losses, expenses or costs that Customer suffers as a result of: (i) any interruption or failure of the Services or Products; (ii) the downloading or use of any information, data or materials obtained via the Service or from the Internet; (iii) any failure to complete a transaction on the Internet or using the Service or any loss of data due to delays, non-deliveries, mis-deliveries, or Service interruptions; (iv) anything beyond the reasonable control of the Raley’s, including but not limited to any interruption or failure of a third party’s services, software, equipment or network; (v) any unauthorized use or modification of the Service or combination of Service with other services, products or equipment; (VI) viruses, worms, trojan horses, or other undesirable data or software; or (vii) the attempt by unauthorized users (e.g., hackers) to obtain access to any data, web-site, computer, device or network.
You agree to hold harmless and indemnify Raley’s, its suppliers and licensors, from and against any third party claim arising from or in any way related to your use of Raley’s Free WiFi Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Raley’s will provide you with written notice of such claim, suit or action.
9. Privacy and Security.
Privacy cannot be guaranteed, and we are not liable to you or any other party for any lack of privacy you experience while using the Service. If you use the Service in a public location, you understand that others may be able to see and observe your use of the Service. We have the right, but not the obligation to monitor, intercept and disclose any transmissions over or using our facilities, and to provide customer, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or other information, in good faith reliance on legal process, if required by law or to protect our rights, business, network, customers or property). You hereby acknowledge that the Service is not inherently secure, that communications can be intercepted or changed, and that they may not reach the intended recipient securely.
It is your responsibility to provide security protection for your device, including the use of an anti-virus programs, spyware and malware blockers. We strongly encourage that you use security solutions, such as virtual private networks, encryption and personal firewalls, but do not provide these to our users and are not responsible for their effectiveness. The Service does not encrypt your data, and you should be aware that unauthorized third parties may access your device or otherwise monitor your connection.
10. Miscellaneous Provisions
This Agreement constitutes the entire agreement between the parties and supersedes and replaces all prior understandings or agreements, written or oral, regarding Raley’s Free WiFi Service.