This is a legal agreement ("Agreement") between you and Harris Teeter, Inc. ("Harris Teeter") governing your use of wireless services (the "Wireless Service") provided within this Harris Teeter retail store. Only current customers of this Harris Teeter retail store may use the Wireless Service.
The consideration for your agreement to this Agreement is your use of this Wireless Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, for the benefit of Harris Teeter. You represent that, by using this Wireless Service you either are of a legal age and mental capacity to enter into this agreement or that your parent or legal guardian has consented to your use of this Wireless Service.
BY CLICKING YOUR ACCEPTANCE, OR BY USING THIS WIRELESS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. MONITORING AND PRIVACY. Harris Teeter may monitor the websites that you are accessing and your other activities related to the Wireless Services. You have no expectation of privacy with respect to the Wireless Services, and Harris Teeter may disclose to any third party any information related to you and your activities in its sole discretion. Harris Teeter makes absolutely no representations or warranties regarding your privacy while you are in any Harris Teeter location or while you are using the Wireless Services.
2. AUTHORIZED USE. You only may use the Wireless Service while you are a customer of this Harris Teeter retail store. You agree that you are fully responsible for your use of the Wireless Services and your activities related thereto, and you bear all risks related to your use of the Wireless Service. You agree not to use this Wireless Service to engage in any conduct described in this Paragraph 2, which conduct may be unlawful or may interfere with Harris Teeters systems, including without limitation the Wireless Service being offered by Harris Teeter to other customers.Conduct is any unlawful or illegal behavior and includes without limitation the following uses of the Wireless Service: (i) committing any form of fraud; (ii)harassing or threatening any individual or group; (iii) discussing plans to carry out violent attacks against a group or individual; (iv) sending out viruses or other codes that are meant to damage any other system; (v) sending unsolicited emails or chain letters to any individual or group; (vi) attempting to breach the security of the Wireless Service, Harris Teeter systems or other systems to which you do not have legal access; (vii) viewing or sending any indecent, pornographic, abusive or violent images, or any other images that Harris Teeter finds objectionable in its sole discretion; (viii) sending, receiving or creating any material that violates the intellectual property right of any third party; (ix) sending, receiving or viewing material that is defamatory or libelous and (x) engaging in any activity whatsoever, in Harris Teeters sole discretion, that may subject Harris Teeter to any form of liability whatsoever.
You assume full responsibility for your use of the Wireless Services. Harris Teeter has no responsibility for screening or placing parental controls on the Wireless Services.
3. UNAUTHORIZED USE. Harris Teeter may, in addition to any other rights and remedies that it may have under law, take any action (including without limitation expelling you from the retail location and terminating your right to use the Wireless Service) to ensure your compliance with this Agreement. You also acknowledge that your activities while in this Harris Teeter location are not private, and that Harris Teeter may cooperate with any authorities regarding any of your activities while using the Wireless Service or while visiting the Harris Teeter location.
4. CHANGE IN SERVICE. At any time in Harris Teeters sole discretion, Harris Teeter may suspend, terminate or change the Wireless Service.
5. INDEMNIFICATION AND REIMBURSEMENT FOR DAMAGES. You agree to indemnify, defend, and hold harmless Harris Teeter and its parent company, officers, directors, shareholders, employees and agents, including without limitation Harris Teeters third party internet providers, from and against any and all losses, liabilities, claims, actions, costs and expenses (including without limitation reasonable and actual attorneys fees) arising out of your use of the Wireless Service, including, but not limited to your use of the Wireless Service for the purposes set forth in Paragraph 2 above. You are liable to Harris Teeter for any damages or costs incurred by Harris Teeter that are related to your use of the Wireless Services, including without limitation any violation of this Agreement, together, with the reimbursement to Harris Teeter of any attorney’s fees that are paid by Harris Teeter in connection therewith.
6. DISCLAIMER. YOU AGREE THAT THE WIRELESS SERVICE IS PROVIDED AS IS, WHERE IS, WITH FAULTS. HARRIS TEETER DOES NOT WARRANT THAT ACCESS TO THE WIRELESS SERVICE WILL BE ERROR FREE, UNINTERRUPTED, SECURE OR FREE FROM VIRUSES. HARRIS TEETER DISCLAIMSALL WARRANTIES AND REPRESENTATIONS OF ANY KIND RELATING TO THE WIRELESS SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, MERCHANTABILITY, QUIET ENJOYMENT AND ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES.
7. LIMITATION OF LIABILITY. YOUR USE OF THE WIRELESS SERVICES DOES NOT PLACE OR IMPOSE ANY LIABILITY OF ANY KIND ON HARRIS TEETER, INCLUDING WITHOUT LIMITATION, THE LIABILITY FOR ANY FORM OF DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL. HARRIS TEETER SHALL HAVE NO RESPONSBILITY FOR DAMAGES OF ANY TYPE EVEN IF HARRIS TEETER IS ACTUALLY ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IF ANY ASPECT OF THIS AGREEMENT IS HELD BY A COURT OF LAW TO BE UNENFORCEABLE, HARRIS TEETERS ACTUAL MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED DOLLARS.
8. REVISION OF AGREEMENT. Harris Teeter may revise this Agreement at any time without prior notice; therefore, you must read and acknowledge this Agreement each time you use the Wireless Service.
9. MISCELLANEOUS. This Agreement constitutes the entire agreement between you and Harris Teeter regarding the Wireless Service and your use thereof. Harris Teeter reserves all of its rights in law and in equity with respect to your use of the Wireless Service and your breach of this Agreement. This Agreement and your use of the Wireless Service are governed by the laws of the State of North Carolina, and jurisdiction for all claims relating to this Agreement or your use of the Wireless Service shall be exclusively the federal and state courts in the State of North Carolina in Mecklenburg County.