ACCEPTABLE USE POLICY AND TERMS OF SERVICE
We collect the following information from you if you use the Service MAC address and IP address. We use and process this information in accordance with our Privacy Policy. By using the Service, you consent to the use and processing of your personal information in accordance with the Privacy Policy.
El Pollo Loco (“EPL”) is pleased to provide free wireless internet service (the “Service”) to its customers. Please read this Policy prior to accessing the Service because you must comply with the terms of the Policy. By using the Service, you acknowledge and agree to follow the Policy and the terms of the Policy as stated herein. Your violation of this Policy may result in the suspension or termination of your access to the Service and any other action. Your access to the Service is completely at the discretion of EPL, 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 Policy, actions that may lead to liability for EPL, disruption of access to other users or networks, and violation of applicable laws or regulations. EPL may revise this Policy at any time. You must accept this Policy each time you use the Service and it is your responsibility to review it for any changes each time. LOG OFF IMMEDIATELY if you do not agree to the conditions stated in this Policy.
EPL supports the free flow of information and ideas over the Internet. 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, regulation or the rights of EPL or any third party.
The use of the Service for the following activities is prohibited:
You acknowledge (i) that the Service may not be uninterrupted or error-free; (ii) that viruses or other harmful applications may be available through the Service; (iii) that EPL 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 EPL's and that its owners ability 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 EPL, 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 WARANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
No Consequential Damages
UNDER NO CIRCUMSTANCES WILL EPL, ITS PARENT, THEIR SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, AFFILIATED OR SUBSIDIARY COMPANIES, DIRECTORS, EMPLOYEES AND AGENTS (“RELEASEES”) 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 RELEASEES MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED $100. 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.
Indemnity
You agree to indemnify and hold harmless the Releasees 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 EPL may assert under this Policy or by law.
Arbitration
You agree to submit any and all controversies or claims arising out of or relating to this Policy or the existence, validity, breach or termination thereof, whether during or after its term, to an arbitrator. The arbitrator may, at either party's request, grant injunctive relief. The arbitral award will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. Judgment upon the arbitral award may be entered in any court that has jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the arbitral award will be charged against the party that resists its enforcement. Nothing in this Section will prevent the parties from seeking interim injunctive relief against one another.
Interpretation
This Policy 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 Policy will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Policy is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Policy. EPL's performance of this Policy is subject to existing laws and legal process, and nothing contained in this Policy shall waive or impede EPL's right to comply with law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by EPL with respect to such use. Any and all uses of the Service and all files on the Service may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized site and law enforcement personnel, as well as authorized officials of other agencies, both domestic and foreign. By using the Service, you consent to such interception, monitoring, recording, copying, auditing, inspection, and disclosure at the discretion of authorized site personnel. This Policy constitutes the complete and entire statement of all terms, conditions and representations of the agreement between you and EPL with respect to its subject matter and supersedes all prior writings or understanding.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your copyright, you may send EPL's Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. EPL's Designated Agent can be contacted at: wifi@elpolloloco.com