You acknowledge that this Wi-Fi service is made available by Tory Burch LLC (“Tory Burch”) to its customers and guests only as a courtesy (the “Tory Burch Guest Wireless Network”) and that your use of the Tory Burch Guest Wireless Network shall be governed by the following terms and conditions:

1.       Tory Burch makes no warranties of any kind, whether express or implied, for the network or technology services provided, including any guarantee that they Tory Burch Guest Wireless Network will be uninterrupted or error-free, or that the websites or the servers related to the provision of the Tory Burch Guest Wireless will be free of viruses or other harmful components.

Tory Burch is not responsible for the content, accuracy, timeliness or delivery of any third party websites or any opinions, advice, statements, messages, services, graphics, audio or visual files, or other data or information contained therein.  Tory Burch is not responsible for any damages incurred as a result of your use of the Tory Burch Guest Wireless Network, including loss of data resulting from data delivery delays, missed deliveries, or financial obligations incurred through the use of third party websites.  Use of any information obtained through the Tory Burch Guest Wireless Network is at the user’s risk.  Tory Burch disclaims responsibility for the accuracy or quality of information obtained through the Internet or other forms of electronic communication.

 

2.       Using Tory Burch Guest Wireless Network to access the Internet is, by its nature, unsecured, and you are solely responsible for taking or implementing such security measures as you deem appropriate to protect your private or personal information and property while accessing the Internet.  Tory Burch shall not be liable for any physical damage loss, destruction, theft of personal devices, or for unauthorized access or use of your private or personal information and property in connection with your use of the Tory Burch Guest Wireless Network.   Tory Burch is not responsible for providing power to personal devices using the Tory Burch Guest Wireless Network.

 

3.       Tory Burch may provide filtered Internet access only.  No access to internal-only printers, servers or services shall be provided.

 

4.       Use of the Tory Burch Wireless Network is for personal informational purposes only.  Users are prohibited from (a) using or attempting to use the Tory Burch Guest Wireless Network for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to the business, reputation, employees or customers of Tory Burch or any other person or entity; (b) attempting to, or assisting another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to the Tory Burch Guest Wireless Network; (c) posting, distributing, publishing, transmitting, linking or displaying content, information or material through the Tory Burch Guest Wireless Network that might infringe or violate the rights of any other party, violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste.

 

5.       In accordance with the requirements set forth by applicable law, Tory Burch may filter, log and monitor access to the Internet, and may block offensive, obscene, and inappropriate images and content including pornography.  Illegal use of the Tory Burch Guest Wireless Network may be reported to the appropriate legal authorities for possible prosecution.

 

6.       Tory Burch reserves the right to log, monitor and review all activities on the Tory Burch Guest Wireless Network.

 

7.       Tory Burch does not provide technical support for customers’ personal devices using the Tory Burch Wireless Network.

 

8.       In the event of any use or attempted use of the Tory Burch Wireless Network in violation of these terms and conditions, or in the event that Tory Burch reasonably suspects, in its sole discretion, that such use or attempted use may occur, and in addition to any other remedies it may have, Tory Burch may, with or without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that it considers actual or potential violations of these terms and conditions, and/or may discontinue use of the Tory Burch Wireless Network by the users involved in such actual or potential violations.

 

9.       Any user of the Tory Burch Guest Wireless Network shall be required to defend, indemnify and hold Tory Burch and its affiliates harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of: (a) the user's use of the Tory Burch Guest Wireless Network; (b) any content the user submits, posts, transmits or otherwise makes available through the Tory Burch Guest Wireless Network; (c) the user’s violation of any of the terms contained herein; or (d) the user's violation of any right of a third party, in each case, including reasonable attorneys' and expert witnesses' fees and costs incurred by Tory Burch arising from any actions or claims hereunder and those incurred in establishing the applicability of these terms.

 

10.   IN NO EVENT SHALL TORY BURCH OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, VENDORS, CARRIERS OR LICENSORS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES ARISING FROM USE OF THE TORY BURCH WIRELESS NETWORK OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO USE OF THE TORY BURCH GUEST WIRELESS NETWORK INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCESS TO THE INTERNET MADE AVAILABLE VIA THE TORY BURCH WIRELESS NETWORK  EVEN IF YOU HAVE  BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  IF THE LIMITATION OF LIABILITY HEREUNDER IS HELD INVALID UNDER ANY APPLICABLE LAW, THE LIABILITY OF TORY BURCH SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

11.   These terms and conditions represent the final and entire agreement between Tory Burch and users of the Tory Burch Wireless Network.  If any part of these terms and conditions is held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of these terms and conditions, and the remaining portions shall remain in full force and effect.  Any failure by Tory Burch to enforce any rights it possesses under these terms and conditions will not constitute a waiver of such rights, or of any other rights under these terms and conditions.  Any disputes arising from or pertaining to these terms and conditions shall be resolved through the courts in the State and County of New York.  The governing law shall be the laws of New York, regardless of its choice of law rules. 

 

12.   Tory Burch reserves the right, but not the obligation, at any time and from time to time, with or without notice, to update, revise, supplement, or otherwise modify these terms and conditions, and to impose new or additional rules, policies, terms, or conditions regarding use of the Tory Burch Wireless Network.