Effective Date: March 1, 2018
COSI® WIFI ACCESS TERMS AND CONDITIONS
Welcome to the Cosi® wireless Internet service (the “Service”). This is a legal agreement (“Agreement”) between you and the operator (“Operator”) of this restaurant, office or other Cosi® location (“location”) governing your access to and use of the Service. The Service is only for use by current guests of this location.
1. ACCESS & AGREEMENT. By accessing or using this Service and/or clicking the accept button on the login / registration page, you agree to be bound by this Agreement. You represent that you are currently a guest of this location and acknowledge that you have read all of the terms and conditions of this Agreement, understand them and agree to be legally bound by them. If you are not a current guest of this location and/or you do not agree to or understand this Agreement, then you may not use or access this Service.
This Service is intended for individuals 13 years of age or older. If you are between 13 and 18 years of age, please use this Service with the permission of a parent or guardian. You represent that you are of legal age and mental capacity to agree to be legally bound by this Agreement or that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf. You agree that you are responsible for the activity and conduct of anyone you permit to use this Service.
In consideration of your use and access to this Service, you agree that this Agreement is for the joint and several benefit of Cosi, Inc. and its affiliates and subsidiaries (collectively, “Company”) and each Operator, and their respective service providers providing this Service, and that Company and each Operator as the case may be shall have the right to enforce the terms of this Agreement. "Service Provider" means Operator’s or Company’s third-party provider of this Service.
Operator, Company and/or Service Provider reserves the right to change or terminate this Service or change this Agreement at any time. You are responsible for reviewing this Agreement for any modifications each time you use this Service.
Access to this Service is completely at the discretion of Company, Operator and Service Provider and may be blocked, suspended or terminated at any time for any reason, including but not limited to violation of this Agreement, actions that may lead to liability for Company, Operator and/or Service Provider or their respective employees, vendors or suppliers, disruption of access to other users or networks, and violation of applicable laws or regulations.
2. OPTING IN TO RECEIVE PROMOTIONS AND UPDATES. By accessing or using this Service and/or clicking the accept button on the login / registration page, you agree to receive Cosi® promotions or updates. To opt out from Cosi® updates and promotions, click here or go to https://getcosi.myguestaccount.com/guest/eclub/enroll?card-template=vtyhK7m7KKw%3d . You can also send an email to firstname.lastname@example.org or opt out using the link on any of the promotional or update emails.
4. MONITORING; PRIVACY & CONFIDENTIALITY. You agree that Company, Operator and/or Service Provider may (but are not required to) monitor and/or screen your communications and activities during transmission and in connection with use of this Service, including, without limitation, device type and device media access control identification information, usage times and volume, websites accessed, and the like. Generally, any such collected information would be anonymous and/or aggregated. However, you agree that Company, Operator and/or Service Provider may access, preserve, use or disclose any such information for purposes of administering the Service and providing Service functionality, analyzing usage, ensuring your compliance with this Agreement and applicable law, cooperating with legal authorities, and otherwise protecting the rights, property and interests of Company, Operator and Service Provider, and their respective employees and guests. YOU DO NOT HAVE AN EXPECTATION OF PRIVACY OR CONFIDENTIALITY WHEN USING THIS SERVICE.
5. AUTHORIZED USE OF THIS SERVICE. You agree that you are authorized to use this Service solely while you are a guest of this location, subject to the terms and conditions of this Agreement. You agree that you are solely responsible for your activities (and anyone you permit to use this Service) while using this Service (including any content, information and other materials you access or transmit using this Service). You further agree that you shall bear all risks regarding use of this Service. You agree not to use this Service to engage in any Prohibited Conduct.
"Prohibited Conduct", broadly stated, includes any conduct that is unlawful, infringing (such as downloading copyright protected material, video, audio or otherwise without the owner’s permission), tortious (conduct that is intentionally harmful to an individual or entity or conduct that negligently or knowingly puts an individual or entity at risk), or any other online conduct that a reasonable individual would or should know would violate another party's intellectual property rights, privacy rights or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system or other property.
By way of example only and without limitation, Prohibited Conduct includes using this Service to: (i) send “spam” or other unsolicited emails (such as chain letters, etc.) to any party; (ii) invade the privacy of any party (collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent); (iii) harm or threaten to harm others ("stalk" or otherwise harass, threaten, or violate the rights of others), or advocate or otherwise encourage violence against any individual, group, organization, government, or property, or provide instruction, information or assistance in causing or carrying out such violence; (iv) send, receive, download or print any material, video, audio or otherwise that infringes or violates any intellectual property rights or other right of any entity or person, including but not limited to trademarks, copyrights, trademarks, trade secrets, or otherwise violating any laws governing same, rights to privacy or publicity; (v) send or receive any material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortious, harassing, hateful or otherwise objectionable; (vi) send or receive material containing defamatory, abusive, false, or libelous material; (vii) “spoof” or otherwise impersonate any other party, misrepresent your identity or affiliation, or forge or alter TCP/IP packet headers or sender identification information in any communication; (viii) violate the security or integrity of or gain unauthorized access to this Service or any other service, system or communication, hack, scan or otherwise engage in any activity in the nature of a “denial of service” attack or otherwise affect or interrupt or attempt to affect or interrupt the operation of the Service in any manner; (ix) disseminate information or data that contains any computer virus, or any viruses, Trojan horses, or other code or programming or material designed to or intended to damage, interfere with, intercept, interrupt, destroy, limit the functionality of or expropriate any computer hardware, software, system, data or personal information; (x) violate export controls; (xi) commit fraud; (xii) harass, victimize, degrade or intimidate an individual or group of individuals on the basis of race, religion, ethnicity, sexual orientation, gender, age, disability, or any other unlawful basis; (xiii) send or receive (by uploading, posting, email or otherwise) any material that you do not have a right to make available under law, contract or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or other relationships or under nondisclosure agreements); (xiv) engage in conduct that expose Company or its service providers to civil or criminal liability; (xv) engage in any activity that violates any local, state, federal or applicable international law or regulation; (xvi) intercept or divert or otherwise interfere with any communication; (xvii) negatively affect other users’ ability to use the Service; (xvii) engage in any activity that is harmful to minors, or permit a minor to use this Service to access any content intended for adults; (xviii) create a "mail drop" for such communications, or engage or permit e-mail relay services (e.g., "open mail relay"); or (xvii) assist others in engaging in Prohibited Conduct. This list of Prohibited Conduct includes examples of prohibited conduct only and is not intended to be and should not be construed to be exhaustive. Company, Operator and Service Provider require and expect you to be a good Internet citizen and to use good judgment when using this Service.
6. CONSEQUENCES OF UNAUTHORIZED USE. Without limiting any other available right or remedy, you agree that Company, Operator and/or Service Provider shall have the right to (and Company, Operator and/or Service Provider reserve the right to): (i) take such actions as it deems, in its sole discretion, to be appropriate to protect against violations of this Agreement or abuse of this Service and to otherwise protect its interests (e.g., remove, destroy or otherwise make unavailable offending material, temporarily or permanently filter, block access, and suspend or terminate this Service), and (ii) investigate and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service. You agree that you will be liable to Company, Operator and Service Provider for any damages incurred or amounts that are required to be paid by Company, Operator and/or Service Provider that arise out of, or are related to, your violation of this Agreement, including, without limitation, damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.
7. YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. By using this Service, you understand and agree that you shall have no expectation of privacy or security in your use of this Service. There are privacy and security risks associated with wireless communications and the Internet in general and you acknowledge that Company, Operator and Service Provider make no assurances that your communications, or activities while using this Service, or your use of any information or data obtained by you by accessing this Service, will be (or will remain) private or secure, and you further agree that Company, Operator and Service Provider assume no responsibility for your privacy and security when using this Service. You agree that you, and not Company, Operator or Service Provider, are solely responsible for your own privacy and security in using this Service, the accuracy or completeness of any information or data obtained by you using this Service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).
8. FAIR USE. To ensure the provision of a quality of Service of all of our guests and to ensure that the behavior of some does not disadvantage a majority of our guests, you agree to abide by any fair use policy which we may apply.
9. DISCLAIMER OF WARRANTY. THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO GUESTS OF THIS LOCATION, YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE". YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY, OPERATOR AND SERVICE PROVIDER DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v) QUALITY, (vi) ACCURACY, (vii) TIMELINESS, (viii) COMPLETENESS, (ix) TITLE, (x) QUIET ENJOYMENT, (xiii) SYSTEM INTEGRATION, OR (xiv) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF COMPANY, OPERATOR OR SERVICE PROVIDER HAS NOTICE OF SUCH PROBLEMS.
YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY COMPANY, OPERATOR, SERVICE PROVIDER OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. 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.
10. CONTENT DISCLAIMER. The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of this Service and the Internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any information content or other materials you may encounter online. Company, Operator or Service provider may (but is not obligated to) provide screening of certain materials.
11. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY FOR CONVENIENCE, AND THAT USE OF THIS SERVICE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON COMPANY, OPERATOR OR SERVICE PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS SERVICE, ITS FEATURES OR CONTENT, EVEN IF COMPANY, OPERATOR OR SERVICE PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF COMPANY, OPERATOR AND SERVICE PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE SERVICE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00).
YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUD, UNAUTHORIZED USE OF THIS SERVICE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY OR MIS-DELIVERY, BREACH OF SECURITY, SERVICE FAILURE OR SERVICE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY COMPANY’S, OPERATOR’S OR SERVICE PROVIDER’S OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
12. CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND COMPANY, OPERATOR AND/OR SERVICE PROVIDER MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
13. CLAIM LIMITATION. You agree that this Agreement is solely between you and Operator. You agree that any controversy or claim brought or asserted by you or on your behalf that arises out of or relates to this Agreement or the Service shall be solely against Operator, and not against any other party. Further, you agree that any action you bring that arises from, or relates to, this Service must be initiated within one year from the relevant date of your access to this Service, and that no cause of action may be brought after that time.
14. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Company, Operator, Service Provider and their respective affiliates and subsidiaries, and their respective officers, directors, members, managers, shareholders, employees, independent contractors, agents, successors and assigns from and against any and all claims, actions, causes of action, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees and expenses, (“Claim”) arising out of or resulting from your breach of any provision of this Agreement or any warranty or promise you provide herein, or otherwise arising in any way out of your use of this Service, including, but not limited to, using the Service for Prohibited Conduct. Company, Operator or Service Provider reserves the right to take exclusive control and defense of any such Claim otherwise subject to indemnification by you, in which event you will cooperate fully with Company, Operator and/or Service Provider in asserting any available defenses.
15. CHANGE/TERMINATION OF SERVICE; UPDATES TO THIS AGREEMENT. You agree that Company, Operator or Service Provider may, at any time and for whatever reason change, terminate, limit or suspend this Service (in whole or in part) or your access to this Service. Upon any termination, your rights to use this Service will immediately cease. Company, Operator and/or Service Provider also reserves the right to update or revise this Agreement at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of this Service following an update to this Agreement signifies your acceptance of its revised terms. Sections 9 [Disclaimer of Warranty], 11 [Limitation of Liability], 13 [Claim Limitation],14 [Indemnification], 15 [Change / Termination of Service; Updates to this Agreement], 16 [Notice for Copyright Infringement Claims], and 17 [General], and any other provisions that by their nature should survive termination, shall survive termination of this Agreement for any reason.
16. NOTICE FOR COPYRIGHT INFRINGEMENT CLAIMS. Company is concerned about protecting the copyright and other intellectual property rights of others and urges you to adhere to all applicable copyright laws. Company may disable or terminate any user and remove or modify any ability to obtain certain content through this Service in Company’s discretion. If you believe you have a copyright infringement claim resulting from material accessed via this Service, you may notify Company by providing the following information to Company’s designated agent (Copyright Complaint/Legal, Cosi, Inc., 500 Rutherford Avenue, Suite 130, Charlestown, MA 02129, Tel: (857) 415-5000, Fax: (847) 580-4964, Email: email@example.com (subject Copyright Complaint)), as required by 17 U.S.C. § 512: (1) physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow Company to locate the material; (4) information reasonably sufficient to allow Company to contact you, including your address, telephone number, and if available, your email address; (5) a statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed. It is Company’s policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
17. GENERAL. You agree that, if any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You agree that this Agreement constitutes the entire agreement between you and Operator with respect to its subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You agree that any failure by Operator, Company or Service Provider to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that this Agreement and your use of this Service shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles, and that Company, Operator and/or Service Provider, shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. You agree that the exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of Commonwealth of Massachusetts in Suffolk County, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service. You agree that any notices given by you to Company must be given by e-mail to firstname.lastname@example.org (Subject WiFi), or by postal mail to Cosi, Inc., 500 Rutherford Avenue, Suite #130, Charlestown, Massachusetts 02129, Attention: Legal Department. You expressly consent to the rendering of this Agreement in English. Any rights not expressly granted herein are reserved.
“COSI”, “(SUN & MOON DESIGN)” and related marks are trademarks or registered trademarks of Cosi, Inc. or an affiliate of Cosi, Inc. in the USA and certain other countries. © 2018 Cosi, Inc. All rights reserved.