IMPORTANT! PLEASE READ
TERMS OF SERVICE. Legally binding agreement. These terms of service (“Terms”) are a legal agreement between you and Primark US Corp. (“Primark,” “we” or “us”) governing your access to and use of Primark’s free WiFi service (“WiFi Service”). We make the WiFi Service available to you free of charge subject to these Terms. WHEN YOU CLICK TO ACCEPT THESE TERMS, AND WHEN YOU ACCESS OR USE THE WIFI SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THAT YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. If you do not agree to any of these Terms, you may not use the WiFi Service. Subject to these Terms, you agree that you will use the WiFi Service solely while you are a customer or guest of Primark. You are fully responsible for your activities while using the WiFi Service (including for any content, information and other materials you access or transmit while using the WiFi Service), and you bear all risks associated with using the WiFi Service. The WiFi Service enables you to access the Internet using a compatible, wireless-enabled device. It is solely for your personal use while you are on-site as a guest at this Primark location. You understand that your authorization to access and make use of the WiFi Service is a privilege, not a right, and is subject to your compliance with these Terms and with all laws applicable to your use of the WiFi Service. You agree that Primark may, in its sole discretion, disconnect you from the Internet and deny you access to the WiFi Service at any time, and for any reason or no reason at all, with or without advance notice. 1. Changes. Primark reserves the right to, at any time for any reason, update or revise these Terms at any time, or to change, terminate, limit, suspend or discontinue the WiFi Service (in whole or in part) or your (or anyone else’s) access to or use of the WiFi Service. You agree that Primark shall not be liable for doing so. 2. CONSENT TO MONITORING. PRIMARK RESERVES THE RIGHT TO, AND YOU ACKNOWLEDGE AND AGREE THAT (A) PRIMARK MAY (BUT IS NOT REQUIRED TO) MONITOR AND/OR INTERCEPT YOUR ELECTRONIC COMMUNICATIONS (INCLUDING THE CONTENTS OF SUCH COMMUNICATIONS DURING TRANSMISSION) AND YOUR ACTIVITIES IN CONNECTION WITH YOUR USE OF THE WIFI SERVICE; AND (B) PRIMARK WILL RECEIVE INFORMATION THAT MIGHT IDENTIFY YOU OR THE DEVICE THAT YOU ARE USING, SUCH AS YOUR MAC ADDRESS, IP ADDRESS, AND UNIQUE DEVICE IDENTIFIERS SUCH AS A NAME OR NUMBER ASSIGNED TO THE DEVICE. IF YOU WERE REQUIRED TO LOGIN IN ORDER TO ACCESS OR USE THE WIFI SERVICE, THEN THE REGISTRATION INFORMATION WE OBTAIN FROM YOU MAY INCLUDE YOUR NAME, PHONE NUMBER AND EMAIL ADDRESS. PRIMARK ALSO WILL RECEIVE THE REAL-TIME LOCATION OF YOUR DEVICE WHILE IT IS ACCESSING THE WIFI SERVICE. YOU FURTHER ACKOWLEDGE AND AGREETHAT PRIMARK MAY DISCLOSE ANY INFORMATION IT COLLECTS FROM OR ABOUT YOU FOR PURPOSES OF ENSURING YOUR COMPLIANCE WITH THESE TERMS, COOPERATING WITH LEGAL AUTHORITIES, AND OTHERWISE PROTECTING PRIMARK’S OR A THIRD PARTY’S RIGHTS, PROPERTY AND INTERESTS. 3. No Expectation of Privacy. YOU SHOULD HAVE NO EXPECTATION OF PRIVACY IN USING THE WIFI SERVICE. You acknowledge that Primark makes no assurance that your communications or activities will be or will remain private or secure, and you agree that Primark assumes no responsibility in that regard. You are solely responsible for your privacy and security in using the WiFi Service, and for implementing any protections you deem to be appropriate to protect and secure both your privacy and your device. 4. Prohibited Conduct. Primark requires that you be a good Internet citizen when using the WiFi Service. You will, therefore, not use the WiFi Service to engage in any illegal, inappropriate, offensive or otherwise prohibited conduct. Prohibited conduct includes but is not limited to any conduct that (a) is unlawful, infringing (such as such as downloading copyright protected material), or intentionally harmful to (or presents a risk to or for) Primark or any other person or property; (b) violates or invades another person's intellectual property, privacy or other rights; or (c) otherwise interferes with the operation, use or enjoyment of any service, system or other property. You may not resell or attempt or offer to resell the WiFi Services. 5. Personal information. When accessing and using the WiFi Service, you may be asked to provide Primark with certain personal information, including your name, address and email address. Primark may use this information to communicate with you in relation to Primark’s products, promotional events, and other offerings. Primark has no control over the websites that you visit and is not responsible for the manner in which such websites collect, use or share your personal information. 6. Use of WiFi Service is at Your Risk. You agree that you shall be fully responsible for all of your activities and transmissions while using the WiFi Service, including for any informational content and other materials you may access, submit, receive or transmit while using the WiFi Service; for any transactions you may engage in; and for selecting and using an appropriate wireless enabled hardware device. Any transactions you engage in while online are solely between you and the applicable third party, and not Primark. YOUR USE OF THE WIFI SERVICE IS AT YOUR SOLE RISK. 7. DISCLAIMER OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT THE WIFI SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO PRIMARK GUESTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWABLE AT LAW, PRIMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (A) OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; OR (B) THAT THE WIFI SERVICE (IN WHOLE OR IN PART) OR ANY INFORMATIONAL CONTENT, OR ANY ACCESS OR USE THEREOF, WILL BE UNINTERRUPTED, ERROR FREE, FUNCTIONAL, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED. 8. LIMITATION OF PRIMARK’S LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE WIFI SERVICE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND WITHOUT LIABILITY OF ANY KIND ON THE PART OF PRIMARK OR ANY OF ITS SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THESE TERMS OR THE WIFI SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY ARE DEEMED TO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF PRIMARK, ARISING OUT OF OR RELATED TO THESE TERMS AND THE WIFI SERVICE SHALL NOT EXCEED YOUR DIRECT DAMAGES ACTUALLY INCURRED, IF ANY, UP TO ONE HUNDRED DOLLARS ($100). 9. Reservation of Rights. Primark reserves the right to, and you agree that Primark shall have the right to, take such action it deems, in its sole discretion, to be appropriate to protect against violations of these Terms or abuse of the WiFi Service and to otherwise protect its interests. This includes, but is not limited to, cooperating with appropriate law enforcement agencies (including local law enforcement and the Federal Bureau of Investigation), conducting its own investigations of suspected violations of these Terms, removing offending material, temporary or permanent blocking or content or access, and suspending or terminating service. 10. Miscellaneous. The laws of the state of Delaware and United States federal law, without regard to the choice or conflicts of law provisions, will govern these Terms, and any disputes arising out of or relating to these Terms shall be heard in the state or federal courts in New Castle County, Delaware. Foreign laws do not apply. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Primark and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Primark about the WiFi Service. The disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.