TERMS OF SERVICE AND ACCEPTABLE USE POLICY FOR WIRELESS INTERNET ACCESS
You are about to access the Internet through a wireless network (the “Network”) made available by Grill concepts, Inc. (“The Grill on the Alley”). The Grill on the Alley provides wireless Internet service through the Network (the “Service”) to customers while located on our premises. You may use the Network and Service only if you agree to this Terms of Service and Acceptable Use Policy (the “Agreement”) each time you access the Service. If you do not agree these terms, you may not use the Network and Service.

Access to the Service; Termination: This Service is free to customers while located our premises. Your access to the Network and Service is completely at our discretion, and your access may be blocked, suspended, or terminated at any time for no reason or for any reason, including, but not limited to, violation of this Agreement, actions that may lead to liability for us, disruption of access to other users or networks, and violation of applicable laws or regulations. We may revise this Agreement at any time. Such revisions will be effective when posted. You must accept this Agreement each time you use the Service, and it is your responsibility to review it for any revisions each time. Any use of the Service after such revisions shall constitute acceptance of such revisions.

Acceptable Use of the Service: Your access to the Network and Service is conditioned on legal and appropriate use of the Service. Your use of the Service and any activities conducted online through the Service shall not violate any applicable laws or regulations or the rights of The Grill on the Alley or any third party.

Security: Be aware of the security of your data. The Grill on the Alley provides no security of any kind for the Network or Service; it is your responsibility to secure your data. Data you transmit may be received by others using the Network or Service. The Grill on the Alley does not guarantee or make any claims that this Service is secure from eavesdropping, or other such activities.

Location of Service: This Service is not to be used outside of The Grill on the Alley’s premises. Use outside our premises is prohibited.

Responsibility for Content: The Grill on the Alley takes no responsibility for any material created or accessible on or through the Network or Service. We are not obligated to monitor such material, but reserve the right to do so. We will not exercise any editorial control over such material. In the event that we become aware that any such material may violate this Agreement and/or expose The Grill on the Alley to civil or criminal liability, we reserve the right to block access to such material and terminate any vendor creating, storing, or disseminating such material. The Grill on the Alley further reserves the right to cooperate with law enforcement and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the vendor and/or individuals that we deem responsible for the wrongdoing.

Your Responsibilities: You must (1) provide all equipment to connect to the Network and Service, including without limitation computer hardware and software, wireless network cards, etc., and (2) comply with all local, state, federal and international laws and regulations, including without limitation copyright and intellectual property rights laws. You are responsible for any and all consequences for the accuracy, completeness, reliability and/or usefulness of any content available through the Network or Service and all communications or transmissions that you send or receive via the Service. You are responsible for security your data and your transmissions of data via the Service.

USE OF THE SERVICE FOR THE FOLLOWING ACTIVITIES IS PROHIBITED:

Spamming and Invasion of Privacy: Sending unsolicited bulk and/or commercial messages over the Internet, or engaging in activities that invade another’s privacy.

Intellectual Property Rights Violations: Engaging in any activity that infringes, dilutes, misappropriates, or otherwise violates the intellectual property rights of others, including patents, copyrights, trademarks, service marks, trade secrets, or any other proprietary right of any third party.

Obscene or Indecent Speech or Materials: Advertising, soliciting, transmitting, storing, posting, displaying, or otherwise making available obscene or indecent images or other materials. The Grill on the Alley will notify and fully cooperate with law enforcement if it becomes aware of any use of the Service in any connection with child pornography or the solicitation of sex with minors.

Defamatory or Abusive Language: Transmitting, posting, uploading, or otherwise making available defamatory, libelous, hateful, harassing, abusive, excessively violent, or threatening material or language that encourages bodily harm, destruction of property, or harasses another.

Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Hacking: Accessing illegally or without authorization computers, data, accounts, equipment, or networks belonging to another party, or attempting to penetrate security measures of another network or system. This includes any activity that may be used as a precursor to an attempted system penetration, including, but not limited to, port scans, stealth scans, or other information gathering activity.

Distribution of Internet Viruses, Trojan Horses, or Other Destructive Activities: Transmitting, creating, distributing, or storing material that may be harmful to, or interfere with, the Network and Service, or any third party’s networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, Internet viruses, worms, Trojan Horses, corrupted files, pinging, flooding, mailbombing, or denial of service attacks.

Facilitating a Violation of this Agreement: Advertising, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations: Transferring technology, software, or other materials in violation of applicable export laws and regulations, including, but not limited, to the U.S. Export Administration Regulations and Executive Orders.

Other Illegal Activities: Violating applicable laws and regulations, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, or pirating software, making fraudulent offers to sell or buy products, items, or services, or fraudulently charging credit cards.

Resale: Selling, transferring, or renting the Service to customers, clients, or other third parties, either directly or as part of a service or product created for resale.

Notice of Violations of the Agreement: The Grill on the Alley requests that anyone who believes that there is a violation of the Agreement direct the information us at the address below.

Disclaimer: You acknowledge that: (i) the Network and Service may not be uninterrupted or error-free; (ii) viruses or other harmful applications may be available through the Network or Service; (iii) The Grill on the Alley does not guarantee the security of the Network or Service and that unauthorized third parties may access your computer or files or otherwise monitor your connection; and (iv) The Grill on the Alley provides the Service based on the limited warranty, disclaimer, and limitation of liability specified in this Section, and it would require a substantial charge if any of these provisions were unenforceable. THE SERVICE AND ANY PRODUCTS OR SERVICES PROVIDED ON OR IN CONNECTION WITH THE NETWORK OR SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES, AND GUARANTEES WITH RESPECT TO THE CONTENT OR SERVICE, AND THE OPERATION, CAPACITY, SPEED, FUNCTIONALITY, QUALIFICATIONS, OR CAPABILITIES OF THE SERVICE, GOODS, OR PERSONNEL RESOURCES PROVIDED HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY THE GRILL ON THE ALLEY, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED, AND DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability; No Consequential Damages: IN NO EVENT SHALL GRILL CONCEPTS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GRILL CONCEPTS, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SERVICE (INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS, DAMAGE, OR THEFT OF YOUR SYSTEM OR DATA, CLAIMS FOR LOSS OF GOODWILL, CLAIMS FOR LOSS OF DATA, USE OF OR RELIANCE ON THE SERVICE, STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS, OR DAMAGE CAUSED TO EQUIPMENT OR PROGRAMS FROM ANY VIRUS OR OTHER HARMFUL APPLICATION). THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: You agree to indemnify and hold harmless The Grill on the Alley, and its officers, directors, employees, agents, and affiliates from any claim, liability, loss, damage, cost, or expense (including, without limitation, reasonable attorneys’ fees) arising out of or related to your use of the Network and Service, any materials downloaded or uploaded through the Network and Service, any actions taken by you in connection with your use of the Network and Service, any violation of any third party’s rights, any violation of applicable laws or regulations, or any breach of this Agreement. This Section will not be construed to limit or exclude any other claims or remedies that The Grill on the Alley may assert under this Agreement or by law.

Arbitration: By using this Service, you agree to arbitrate any and all disputes by binding arbitration administered by the American Arbitration Association (www.adr.org). Any dispute arising between You and The Grill on the Alley must first be presented to the other party for resolution. You must notify The Grill on the Alley by mail or fax at the address listed below; The Grill on the Alley will notify you at the email or postal address it has for you. If this dispute can not be resolved within sixty days, the complaining party must submit its claim for settlement by final and binding arbitration. Judgment on the award rendered by the arbitrator may be entered by a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator and in Los Angeles County, California. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY A JURY AND DETERMINED BY A COURT OF LAW.

YOU AGREE THAT YOU WILL FILE ANY DISPUTE YOU HAVE WITH THE GRILL ON THE ALLEY WITHIN ONE (1) YEAR OF THE TIME THAT SUCH CLAIM AROSE AND THAT ANY DISPUTES RAISED BY YOU LATER ARE FOREVER BARRED. YOU AGREE THAT YOU WAIVE ANY ENTITLEMENT, AT LAW OR EQUITY, TO A LONGER PERIOD TO RAISE SUCH DISPUTES.

EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU FURTHER AGREE BY USING THIS SERVICE THAT ANY DISPUTE AGAINST THE GRILL ON THE ALLEY SHALL BE BROUGHT BY YOU INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHERS.

Interpretation: This Agreement shall not be construed as creating a partnership, joint venture, or agency relationship, or as granting a franchise between the parties. This Agreement will be governed by and interpreted in accordance with laws of California, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment, or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. The Grill on the Alley’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede The Grill on the Alley’s right to comply with law enforcement requests or requirements relating to your use of the Network and Service, or information provided to or gathered by The Grill on the Alley with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions, and representations of the agreement between you and The Grill on the Alley with respect to its subject matter and supersedes all prior writings or understanding.

Any inquiries concerning these Terms of Service should be directed to info@thegrill.com or write to us at Grill Concepts, Inc., 6300 Canoga Avenue, Suite 600, Woodland Hills, California 91367. Tel: (818) 251-7000 FAX: (818) 999-GRIL.

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