WiFi Les Schwab WiFi Terms of Service

Les Schwab WiFi Terms of Service Les Schwab is pleased to provide our customers with free WiFi access, enabling you to connect to the Internet wirelessly in our Tire Centers where we have wireless coverage (the “Service”). Les Schwab does not promise or represent wireless coverage will always be available in all its Tire Centers. The Service is complimentary for our customers, and the availability of the Service is at the discretion of Les Schwab. Before you can use the Service, you must read and click-to-agree to these WiFi Terms of Service (the “Terms”). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND YOU WILL NOT BE GIVEN ACCESS TO THE SERVICE. IF YOU CLICK “AGREE”, YOU REPRESENT TO LES SCHWABYOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS, AND THESE TERMS CONSTITUTE A LEGALLY-BINDING AGREEMENT BETWEEN YOU, ON THE ONE HAND, AND LES SCHWAB TIRE CENTERS AND ITS AFFILIATED COMPANIES, ON THE OTHER HAND (IDENTIFIED COLLECTIVELY HEREIN AS “LES SCHWAB”). By clicking “Agree,” you affirm you are (i) eighteen (18) years old or older, or you are between the ages of thirteen (13) and seventeen (17) and possess legal or guardian consent to use the Service; and (ii) competent and capable of understanding, agreeing to, and complying with these Terms. These Terms may be amended from time to time in Les Schwab’s sole discretion. Each time you use the Service, you will be required to read and click-to-agree to these Terms prior to use, and modifications to these Terms will apply to your use of the Service after the modifications are made. 1. General Considerations and Notices: • You must have your own wireless-enabled device and all other hardware and software necessary to connect to the Service. Les Schwab cannot provide individualized support for your personal computers or devices. • Les Schwab asks you only use the Service while your vehicle is being serviced at Les Schwab , or if you are otherwise receiving services from Les Schwab. • Do not send sensitive, personally-identifiable (such as your social security number, address, financial information, and other personal information), or confidential information using the Service. The Service does not provide security for such information, and you acknowledge wireless technology is inherently not secure and wireless communications can be intercepted by technology designed and intended for that purpose. 2. Your Use of the Service: You must use the Service in compliance with all applicable laws and regulations. You must notify us immediately of any unauthorized use of the Service or any other breach of security. Les Schwab will give you an IP address each time you access the Service, and this address may change. You may not program any other address into your device that accesses the Service. You may not use the Service to download pirated content, or in any other manner that infringes, misappropriates, or otherwise violates any third-party right, including without limitation any copyright, trade secret, trademark, patent, or other proprietary right, right of publicity or privacy, or any other third-party right. You may not use the Service in any manner that violates any contract you have with or duty you owe to any third party. You may not use the Service in any manner that interferes with any other party’s use and enjoyment of the Service. Examples of prohibited activities while using the Service include without limitation (a) attempting to collect or maintain information about other users of the Service or third parties for unauthorized purposes; (b) spamming or otherwise distributing unsolicited advertising and promotional materials; (c) impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) posting defamatory or abusive language or content, or stalking or harassing others; (e) sale of the Service; and (f) distribution of Internet viruses or other destructive activities. Les Schwab reserves the right, but has no obligation, to investigate and monitor your use of the Service to determine your compliance with these Terms. Les Schwab also reserves the right to provide user information, including information regarding your use of the Service and transmissions made through use of the Service, in response to a subpoena, court order, or other governmental process, or to protect our rights, other users, and property. 3. Our Right to Limit Your Access: Les Schwab reserves the right to limit, deny, or terminate your access to the Service, without notice to you, at any time and for any reason in Les Schwab’s sole discretion. Les Schwab will not be responsible or liable to you or any third party for such limitation, denial, or termination. 4. Privacy and Security: Privacy Policy: Your use of the Service is subject to and constitutes your agreement to our Privacy Policy (located here: http://www.lesschwab.com/privacy.html), which describes how Les Schwab collects and uses your information provided in connection with your use of the Service. Les Schwab’s Privacy Policy is incorporated into and made a part of these Terms by this reference. In the event of a conflict between the provisions of these Terms and those of the Privacy Policy, the provisions of these Terms will prevail. Security of Your Information: As noted above, connecting to the Internet wirelessly presents security challenges that do not exist with a wired connection. Les Schwab recommends you consult with a computer technician to ensure your computer is configured correctly for secure wireless access to the Internet and you have the latest security software and hardware installed. Les Schwab makes no representations or warranties that information about you, your computer, or your use of the Service is secure when using the Service. Usage Data: Les Schwab may collect and store information about your use of the Service, including when and for how long you use the Service, the Les Schwab location where you accessed the Service, and the size of data transfers you make while using the Service. Les Schwab is not obligated to store this information and may remove this information regularly from its databases. Cookies: When you use the Service, Les Schwab may send a “cookie” to your computer or device to assign it a unique, random number, a sort of anonymous user ID that resides in your computer or device. The cookie does not identify your personally-identifying information; rather, it identifies the computer or device you use to access the Service. A cookie cannot read data off of your hard drive. Most browsers automatically accept cookies, but you can disable the acceptance of cookies at any time by changing the preferences in your browser. Certain Service features and/or third-party website features may not function properly if you choose to disable the acceptance of cookies. 5. Third-Party Content and Websites: Les Schwab does not control and is not responsible or liable for content, materials, products, or services you access, download, or purchase from websites when using the Service. Les Schwab has no obligation to screen or restrict access to any content available on the Internet through the Service. Les Schwab may, but has no obligation to, block any content accessible through use of the Service. Any content, materials, products, or services you access, download, or purchase while using the Service are subject to the terms of use, privacy policies, and other policies located at the websites where you access, download, or purchase such content, materials, products, or services; and you should read the policies associated with such content, materials, products, or services. Owners and operators of third-party sites you visit while using the Service may place their own cookies or other files on your computer, collect data about you and your computer, and solicit other information from or about you. 6. DISCLAIMERS: Les Schwab does not guarantee the security of the Service or information you enter into any website or application while using the Service. Third parties may access your computer or device or otherwise monitor your connection while you are using the Service. The Service is provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, and Les Schwab hereby disclaims any and all warranties or conditions of any kind, express, implied, or statutory, and including without limitation, warranties of merchantability, fitness for a particular purpose, timeliness, availability, reliability, accuracy, suitability, title, and non-infringement. Les Schwab expressly disclaims any representation or warranty that operation of the Service will meet your requirements or operate at any minimum speed, the Service will be free from viruses or other harmful components, that communications made through use of the Service will be secure and not intercepted, and the Service will be uninterrupted or error-free. Les Schwab has no control over third-party sites you may access while using the Service, and Les Schwab has no responsibility or liability for any failure of any third-party content, information, material, product, or service you obtain, download, or use through use of the Service, or any failure to complete a transaction on the Internet through use of the Service. No advice or information given by Les Schwab or its employees will create a warranty. You use the Service, and you download and otherwise obtain material or information through use of the Service, at your own risk, and you will be solely responsible for any damages to your computer or device, loss of data, or other harm resulting from the same. 7. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL LES SCHWAB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES OF ANY NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE, INABILITY TO USE, DELAY, OR PERFORMANCE OF THE SERVICE, AND/OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES YOU OBTAIN, USE, OR VIEW THROUGH USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, EVEN IF LES SCHWAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. Limitations to Sections 6 and 7: Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the limitations or exclusions in Sections 6 and 7 may not apply to you. However, in no event will Les Schwab’s total liability to you for damages, losses, and causes of action of any kind exceed the amount paid by you to Les Schwab, if anything, for accessing and using the Service. 9. Indemnity: You will defend, indemnify, and hold harmless Les Schwab and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all damages, awards, losses, liabilities, costs and expenses (including attorneys’ fees) arising from or relating to third-party claims regarding (i) your use or misuse of the Service; (ii) your breach of these Terms; or (iii) your violation of any law or any right of any third party through your use of the Service, including without limitation any infringement, misappropriation, or other violation of any third party copyright, trade secret, trademark, patent, other proprietary right, or right of publicity or privacy. 10. Intellectual Property Infringement Policy: Les Schwab responds to notices of alleged infringement that substantially comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe your copyright was infringed through use of the Service, send us a notice in accordance with the terms below. Les Schwab does not act as an arbiter or judge of disputes about intellectual property rights. Les Schwab will disable access to material it believes in good faith is infringing a copyrighted work. By disabling access to such material, as a prudential matter, Les Schwab is not endorsing or validating a claim of infringement. If Les Schwab disables access to material, it will make a good-faith attempt to contact the party responsible for that material so the owner may make a counter-notification. Les Schwab will suspend and/or terminate access of Service users who it believes are repeat copyright infringers. Les Schwab will document notices of alleged infringement and counter-notifications. Designated Agent for Copyright Infringement Notices and Counter-Notifications Les Schwab Tire Centers Attn: DMCA Agent Address: PO Box 5350, Bend, Oregon, 97708-5350 E-mail: Legal@lesschwab.com Phone: (541) 416-5140 Infringement Notification: If you believe your work was infringed through use of the Service, you must provide written notice to our DMCA Agent via mail and/or e-mail. You may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work was infringed. If you are unsure whether your work was infringed, Les Schwab recommends you contact an attorney before sending notice to the DMCA Agent. Use the following format for your written notice: (a) Identify in sufficient detail your copyrighted work you believe has been infringed; (b) identify the material you claim infringes your copyrighted work and describe how the material infringes your work; (c) provide your contact information, including your name, mailing address, telephone number, and e-mail address, if any; (d) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and (f) sign the written notice physically or electronically. In addition, it would help if you include a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and you are the owner of that copyright or are authorized to act on behalf of the owner. Review of Infringement Notices: If your notice contains the required information, and if Les Schwab has a good-faith belief the material is infringing your copyright, it will disable access to the infringing material. Counter Notification: The provider of affected material may make a counter notification by providing written notice to our DMCA Agent via mail and/or e-mail. You may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent your material is not infringing the copyright of a third party. If you are unsure whether your material infringes the work of a third party, Les Schwab recommends you contact an attorney before sending notice to our DMCA Agent. Use the following format for your written notice: (a) Identify the material to which access was disabled; (b) provide your contact information, including your name, mailing address, telephone number, and e-mail address, if any; (c) include a statement that, under the penalty of perjury, you have a good-faith belief the material was blocked as a result of mistake or misidentification of the material to be blocked; (d) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (e) sign the written notice physically or electronically. Review of Counter Notification: After review of your counter notice, Les Schwab may determine the material is not infringing and may reinstate access to the material. 11. General: These Terms (and any claim or dispute arising in connection with these Terms or your use of the Service) are governed by and shall be construed in accordance with the laws of the State of Oregon, without regard to principles of conflicts of law that might result in the application of another jurisdiction’s laws. You consent to the exclusive jurisdiction of the federal, state, and local courts located in Oregon, and you waive any jurisdictional, venue, or inconvenient forum objections. Nothing in these Terms will be deemed to confer any right or remedy on any third party. These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Les Schwab. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms. Any waiver of any provision of these Terms will be effective only if in writing and signed by Les Schwab, and any such waiver shall not be deemed to be a waiver of any subsequent breach or default. These Terms (including any and all policies or agreements incorporated into these Terms by reference) represent the entire agreement between you and Les Schwab regarding your use of the Service, and these Terms supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Les Schwab relating to such subject matter. You agree a printed version of these Terms shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Service, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service.