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100% Fair Trade Organic
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Burlap and Bean Hotspot Terms of Service
Usage of the wireless connectivity provided by
Burlap and Bean indicates complete agreement to specified
Terms of
Service and Acceptable Use, as outlined below.
We respectfully ask
that you be aware of table occupancy during
busy hours and utilize counter seating for individual use.
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To agree and begin, click here.
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Terms of Service and Acceptable Use
Access to the Service The Service is
a free service provided to the customers of Burlap and Bean. Your
access to the Service is completely at the discretion of Burlap and Bean, and your access to the Service 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 Burlap and Bean, disruption of access to other Users or networks, and violation of
applicable laws or regulations. Burlap and Bean may revise
this Agreement at any time. You must accept this Agreement each time you
use the Service and it is your responsibility to review it for any
changes each time.
Acceptable Use of the Service Your access to the 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 law.
The use of the Service for the following
activities is prohibited:
Spamming and Invasion of Privacy
Sending of unsolicited bulk and/or commercial messages over the Internet
using the Service or using the Service for activities that invade
another's' privacy.
Intellectual Property Right Violations
Engaging in any activity that infringes or misappropriates the
intellectual property rights of others, including, but not limited to,
patents, copyrights, trademarks, service marks, trade secrets, or any
other proprietary right of any third party.
Obscene or Indecent Speech or Materials
Using Burlap and Bean’s WiFi network to advertise, solicit,
transmit, store, post, display, or otherwise make available obscene or
indecent images or other materials. Burlap and Bean 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
Using the Service to transmit, post, upload, or otherwise making
available defamatory, harassing, abusive, 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, accounts,
equipment or networks belonging to another party, or attempting to
penetrate security measures of another 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 Viruses or Other Destructive
Activities
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan Horses, pinging, flooding, mail-bombing, or
denial of service attacks or like matters. Also, activities that disrupt
the use of or interfere with the ability of others to effectively use
the Node or any connected network, system, service, or equipment.
Facilitating a Violation of this Agreement of Use
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, mail-bombing, denial of service attacks, and piracy
of software.
Export Control Violations
The transfer of 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
Using the Service in violation of applicable local, state and federal
laws and regulations, including, but not limited to, advertising,
transmitting, or otherwise making available pyramid
schemes, fraudulently charging credit cards, pirating software, or
making fraudulent offers to sell or buy products, items, or services.
Disclaimer
You acknowledge (i) that the Service may not be uninterrupted or
error-free; (ii) that viruses or other harmful applications may travel
through the Service; (iii) that Burlap and Bean does not
guarantee the security of the Service and that unauthorized third
parties may access your computer or files or otherwise monitor your
connection; (iv) that Burlap and Bean to provide the
Service without charge is 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 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 SERVICES, GOODS OR PERSONNEL RESOURCES PROVIDED
HEREUNDER, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR
ORAL OR WRITTEN STATEMENTS BY , 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.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL BURLAP AND BEAN, ITS
SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR CONSEQUENTIAL, INDIRECT,
SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER
FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CUSTOMER, ITS
APPOINTEES OR ITS OR THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO,
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), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED
WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT
LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY
THAT BURLAP AND BEAN MAY INCUR IN ANY ACTION OR PROCEEDING
EXCEED $1. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS
SECTION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT THE LAW OR A COURT
OF COMPETENT JURISDICTION REQUIRES LIABILITY UNDER APPLICABLE LAW BEYOND
AND DESPITE THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS.
Attorney’s Fees
In the event of any legal action to enforce the terms of this agreement,
each party shall bear its own attorney’s fees and costs.
Governing Law
This agreement shall be governed, interpreted and construed according to
the laws of the State of Pennsylvania.
Venue
Venue for any legal action by any party to this agreement to interpret,
construe or enforce this agreement shall be in a court of competent
jurisdiction.
Indemnity
You agree to indemnify and hold harmless Burlap and Bean, its
and their suppliers and licensors, officers, directors, employees,
agents and affiliates from any claim, liability, loss, damage, cost, or
expense (including without limitation reasonable attorney's fees)
arising out of or related to your use of the Service, any materials
downloaded or uploaded through the Service, any actions taken by you in
connection with your use of the Service, any violation of any third
party's rights or an violation of law or regulation, or any breach of
this agreement. This Section will not be construed to limit or exclude
any other claims or remedies that Burlap and Bean may
assert under this Agreement or by law.
Interpretation
This Agreement shall not be construed as creating a partnership, joint
venture, agency relationship or granting a franchise between the
parties. 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. Burlap and Bean's performance of
this Agreement is subject to existing laws and legal process, and
nothing contained in this Agreement shall waive or impede Burlap and
Bean's right to comply with law enforcement requests or
requirements relating to your use of this Service or information
provided to or gathered by Burlap and Bean 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
Burlap and Bean with respect to its subject matter
and supersedes all prior writings or understanding.
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To agree and begin, click here.
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