You are about to access the Internet through a wireless “WiFi” hotspot operated on behalf of GRE Specialty Shops LLC and its managers and representatives, including, without limitation, Hill Partners, Inc.; and Hill Partners Southeast, LLC (collectively, “SSSP,” “we” or “us”). SSSP provides this wireless internet access as a free service pursuant to the terms and conditions contained herein (the “Service”). The use of the Service shall at all times be governed by the terms and conditions contained herein (“Terms”). You may only use the Service if you expressly agree to be bound by the Terms each time you access the Service. You are responsible for reading these Terms carefully before accessing the Service. If you agree with and accept the Terms, click the “I Agree” button below. By accepting the Terms or accessing the Service, you acknowledge that you are of legal age, you have read and understood, and agree to be bound by the Terms. In all events, by using this service, you agree to be bound by these Terms. If you do not agree to the Terms, do not (and immediately discontinue) use the Service.
You acknowledge that neither SSSP nor any employee of SSSP or any other agent is authorized to make any representation or warranty (other than as described in the Terms) with respect to the Terms, the Service or to waive or modify any terms or provisions of the Terms.
- Terms and Conditions. You must accept these Terms each time you use the Service, and it is your responsibility to review these Terms for any changes prior to each use. SSSP reserves the right to change these Terms at any time. Such changes will be effective the next time you use the Service.
- Service Access and Availability. The Service is a free service provided by SSSP. Your access to the Service is completely at the discretion of SSSP, and your access to the Service may be blocked, suspended, or terminated at any time for any reason including, but not limited to, any violation of these Terms, actions that may lead to liability for SSSP, disruption of access to other users or networks, and violation of applicable laws or regulations. Service is only available at designated locations; actual service coverage, speeds and quality may vary. Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, lack of signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users, our network or our business.
- Use of Service. You agree not to resell or attempt to (i) resell any aspect of the Service, whether for profit or otherwise, (ii) access the Service simultaneously through multiple devices or (iii) authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches the Terms and may constitute fraud or theft, for which we reserve all rights and remedies. You agree not to use or attempt to use the Service for any fraudulent, unlawful, harassing or abusive purpose, or so as to hinder, damage or cause risk to our network and computer systems, business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to: (a) violating any applicable law or regulation; (b) posting or transmitting content you do not have the right to post or transmit; (c) posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right; (d) posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined in our sole discretion; (e) attempting to intercept, collect or store data about third parties without their knowledge or consent; (f) deleting, tampering with or revising any material posted by any other person or entity without the poster’s authorization; (g) accessing, tampering with or using non-public areas of the Service, (h) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (i) sending or attempting to send unsolicited messages, including without limitation, promotions or advertisements for products or services, “spam”, “chain mail” or “junk mail”; (j) using or attempting to use the Service to send altered, deceptive or false source-identifying information; (k) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or attempting to bypass any measures we may use to prevent or restrict access to the Service; (l) interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus” to the Service, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service; (m) impersonating or misrepresenting your affiliation with any person or entity; (n) using the Service to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes”, “Ponzi schemes”, unregistered sales of securities, and securities fraud; or (o) excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server or any other server, using any robot, spider, scraper or other similar means through the Service, and any other non-traditional end user activities.
- Rights and Remedies. If SSSP suspects violations of any of these Terms, we may: (i) institute legal action, (ii) immediately, without prior notice to you, terminate your access to the Service, and (iii) cooperate with law enforcement authorities in investigating or bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. SSSP reserves the right to install, implement, manage and/or operate one or more software, monitor or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these Terms, including but not limited to any of the activities described in Section 2. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these Terms, including but not limited to those activities described in Section 2 and any other activities that may subject SSSP or its customers to harm or liability. SSSP disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your device.
- Content Disclaimer – Cautions and Restrictions. SSSP does not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. The Internet may provide access to content you consider harmful to minors, or otherwise offensive or inappropriate. We are not responsible for blocking your access to such content. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. 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 the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their compliance with them. If you elect to download into your device or otherwise enable any software, including any “client” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
- Term and Termination of Service. These Terms are effective on the date you first use the Service or you are otherwise deemed to accepted them and remain in effect until terminated. If you breach these Terms, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law). Our remedies hereunder are not exclusive but are in addition to all other remedies provided by law. Sections 4, 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of these Terms.
- Disclaimer of Warranties. The service is provided on an “as is” and “with all faults” basis, and without warranties of any kind, either express or implied, including, but not limited to, warranties of title, merchantability, non-infringement, or fitness for a particular purpose which are expressly disclaimed. You assume all responsibility and risk for use of the service. We do not authorize anyone to make a warranty of any kind on our behalf and you should not rely on any such statement. neither we nor our officers, directors, employees, managers, agents, dealers, suppliers, parents, subsidiaries or affiliates warrant that the information, products, processes, and/or services available through the service will be uninterrupted, always available, accurate, complete, useful, functional or error free. If applicable state law does not allow the disclaimer of certain implied warranties, the relevant portions of the above exclusion may not apply to you.
- Limitation of Liability. SSSP shall not be liable to you or any third party for any damages arising from use of the Service, including without limitation: punitive, exemplary, incidental, special or consequential damages, loss of privacy or security damages; personal injury or property damages; or any damages whatsoever resulting from interruption or failure of service, lost profits, loss of business, loss of data, loss due to unauthorized access or due to viruses or other harmful components, cost of replacement products and services, the inability to use the service, the content of any data transmission, communication or message transmitted to or received by your device, access to the world wide web, the interception or loss of any data or transmission, or losses resulting from any goods or services purchased or messages or data received or transactions entered into through the service. If you are dissatisfied with the Service or with the Terms, your sole and exclusive remedy is to discontinue using the service. By using the Service, you acknowledge that your use of the Service is at your sole risk.
- Force Majeure. Neither SSSP nor you shall be responsible for damages or for delays or failures in performance caused in whole or in part from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; equipment or facility failure, network problems, interference, lack of coverage or network capacity, or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
- Indemnification and Release. You agree to defend, indemnify and hold us, our employees, agents, affiliates, any underlying carrier or network provider, and any venue providing the Service harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Service or a device or your violation of the Terms. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section. In the event that you have a dispute with any person or entity through your use of the Service or you have a dispute with the venue where you are accessing this Service, you release SSSP (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- Privacy and Security. Wireless systems use radio channels to transmit voice and data communications. 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 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 acknowledge that the Service may not be secure and that wireless communications may be intercepted by equipment and software designed for that purpose. Notwithstanding efforts to enhance security with respect to the Service, we cannot guarantee the effectiveness of these efforts and will not be liable to you or any other party for any lack of security that may result from your use of the Service. You acknowledge that you are responsible for taking such precautions and providing such security measures best suited for your situation and intended use of the Service. We strongly encourage and support certain customer-provided 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.
- All terms and provisions of these Terms are independent of each other. If any term or provision of these Terms is held to be inapplicable or unenforceable, then: (a) such term or provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect, (b) the Terms will not fail its essential purpose and (c) the balance of the terms and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired, in which event we reserve the right to terminate the Service.
- Choice of Law/Venue. Any claim relating to, and the use of, this Service and the materials contained herein is governed by the laws of the state of North Carolina. You consent to the exclusive jurisdiction of the state and federal courts located in Mecklenburg County, North Carolina.
- Binding Arbitration. This section requires resolution of disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This section is intended to be interpreted broadly to encompass all disputes or claims arising out of these Terms or your use of the Service. You and SSSP agree that any claim, dispute, or controversy (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), relating to or arising out of these Terms or your use of the Service, including claims, disputes, or controversies arising under federal, state, or local statute, ordinance, or regulation, or as relates to these Terms including any of its components, the Service or equipment provided by SSSP or any oral or written statements, advertisements, representations or promotions relating to these Terms or to the Service or equipment (collectively, “claim”) shall be resolved through binding arbitration under the federal arbitration act, except that SSSP may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe us. All arbitration shall be initiated and conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (“AAA”). The AAA shall appoint the arbitrator. The party initiating arbitration shall give notice to the other party by mailing a copy of the request for arbitration to the other party at the addresses on the Service Order. Arbitration must be initiated by You within one (1) year of the date of the occurrence of the event or facts giving rise to the dispute (except for billing disputes which must be initiated within thirty (30) days). You waive any claim not filed in accordance with the previous sentence. All parties to the arbitration must be individually named and there shall be no right or authority for any claims to be arbitrated or otherwise tried on a class action or consolidated basis or through a representative. The arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. An arbitrator may not award relief in excess of or contrary to what these Terms provide or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or applicable declaratory relief. Arbitration of claims will be conducted in such forum and pursuant to such laws and rules related to commercial arbitration in the state where you used the service that are in effect on the date of the notice to arbitrate.
- JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.