Wifi Terms and Conditions

WIFI TERMS AND CONDITIONS

By clicking “I accept”, YOU ARE CERTIFYING THAT YOU HAVE READ AND
AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS LEGAL AGREEMENT
(“Agreement”) between you and PINK TACO LLC or any of its subsidiaries or affiliates (“PT”),
governing your access and use of this Wi-Fi service (“Service”). Acceptance of these terms and
conditions is mandatory for use of this Service. By utilizing the Service, you agree to waive your
right to a jury trial in disputes with PT, resolve your disputes with PT by using an arbitrator, and
waive your right to institute or participate in class action litigation against PT.

AUTHORIZED USE OF Wi-Fi
Wi-Fi service is provided free of charge as a courtesy and convenience to you while
conducting business with PT. You agree not to engage in any prohibited conduct. Prohibited
conduct is any conduct that is illegal, or that interferes with the operation of PT business, or that
diminishes the enjoyment of services by other PT customers including Wi-Fi users, or that is a
violation of intellectual property rights and privacy rights, or that is in any other way potentially
adverse to the interests and reputation of PT.
Specific examples of prohibited conduct include without limitation: attempts to intercept,
interfere, or gain unauthorized access to transmissions or communications not belonging to
yourself; causing an unreasonable or disproportionate load on this Service or any other resources
accessed through this Service; sending or indirectly aiding the transmission of “spam;” chain
letters or other unsolicited communications; sending content that “spoofs” or otherwise disguises
the true origin of your transmissions; access, downloading, or transmission of objectionable
material containing data that: (i) are pornographic, lewd, indecent, or obscene; (ii) are fraudulent,
libelous, defamatory, or intended to facilitate the commission of a crime; (iii) contain computer
viruses; (iv) harass, threaten, advocate, or encourage violence against any individual, group,
organization or government; (v) violate intellectual property rights or contractual terms; or (vi)
directly or indirectly expose PT to civil or criminal liability. You agree that use of Wi-Fi is
contingent on your conduct.

CONSENT TO MONITORING
PT reserves the right, and you agree that PT may monitor your communications and
activities via this service, and may disclose any such information for the purposes of ensuring
your compliance with this Agreement, with applicable law, with requests from legal authorities,
and in otherwise safeguarding PT rights, property, and interests. PT will not otherwise disclose
personally identifying information obtained as part of your Wi-Fi sessions to third parties, such
as your email address or phone number, without your permission.

COMMUNICATIONS AND MONITORING
In the course of providing the Service to you and operating the Service for you, PT may
receive certain information about content you access, send, receive or use while accessing the
Service, such as URLs and, for transmissions via HTTP or HTTPS, search terms, application
commands, files names, file sizes and file types, when you use or access the Service. PT may
also receive certain information about communications you may engage in, access, send, receive

or use while accessing the Service, such as any of the information noted above, and address
information, such as recipient and sender email address, or recipient or sender phone number in
the case of text messaging via phone when such information is transmitted via an unencrypted
manner. PT may use this content and communications-related information for the following
purposes, and will retain the information consistent with these uses:
To filter or block inappropriate content, such as adult content or pornography;

• To filter or block inappropriate content, such as adult content or pornography;
• To provide reasonable security measures such as logging and monitoring use of the Service
  to help prevent unauthorized access;
• Making reasonable efforts to ensure an appropriate level of consistent service, including the
  availability and speed of the Service, subject to applicable disclaimers and limitations
  described herein;
• Troubleshooting and addressing potential and actual problems with the Service; and
• Disclosing information to law enforcement and government agencies as may be deemed necessary, in their or PT discretion, consistent with applicable legal requirements.

You understand that PT will receive certain information about communications and
content you engage in or send, receive, and/or access while using the Service, and you
unconditionally agree and consent to PT receipt, collection, use, storage and disclosure of that
information, as described above and elsewhere in these Terms and Conditions. You agree and
understand that PT may, but is not required to, proactively monitor content, communications and
activities undertaken using the Service. It is your responsibility to know and understand the risks
of using public communication means, such as unsecured Wi-Fi, for transmission of any
communications and content.

YOU ARE RESPONSIBLE FOR YOUR SECURITY, PRIVACY, AND CONTENT

You agree that you are solely responsible for your activities while using this Service and
bear all risks associated with its use. The Internet, and this Service, provides interconnection to
other Internet users and their computers which may be harmful to your computer, its software, its
data, and to any devices directly or indirectly connected to it. Further, it may expose you
personally to content you find objectionable, harmful, or malicious. YOU ACKNOWLEDGE
THAT USE OF THE INTERNET IN GENERAL, AND OF THIS WIRELESS SERVICE IN
PARTICULAR, CARRIES INHERENT RISKS AND THAT YOU HAVE NO EXPECTATION
OF PRIVACY, SECURITY, SAFEGUARD FROM HARM, OR PROTECTION FROM
OBJECTIONABLE CONTENT WHEN USING THIS SERVICE. You agree that you, and not
PT, bear all responsibility for your own privacy and security and any content accessed while
using this Service, and that PT ASSUMES NO RESPONSIBILITY OF ANY KIND FOR
ADVERSE CONSEQUENCES ARISING FROM YOUR USE OF THIS SERVICE.

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED “AS
IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, AND IS PROVIDED SOLELY AS A
CONVENIENCE TO GUESTS OF PT. YOU AGREE FURTHER THAT PT DISCLAIMS ALL
WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS,
IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION ANY WARRANTIES:
(i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, WORKMANLIKE EFFORT, QUALITY, ACCURACY, TIMELINESS,
COMPLETENESS, TITLE; or (ii) THAT ACCESS OR USE OF THIS SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE,
SECURE, DEFECT-FREE; or (iii) THAT PROBLEMS WILL BE CORRECTED,
REGARDLESS OF WHETHER OR NOT PT IS NOTIFIED OF SUCH PROBLEMS. YOU
AGREE THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND WHAT IS
WRITTEN IN THIS AGREEMENT. YOU AGREE THAT NO ADVICE OR INFORMATION
GIVEN BY PT OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. IF
APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE
ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL
APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PT, ITS
SUBSIDIARIES, AGENTS, DISTRIBUTORS, SERVICE PROVIDERS, AND AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AND
EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS,
LIABILITIES, COSTS, AND DAMAGES INCLUDING WITHOUT LIMITATION,
REASONABLE ATTORNEYS’ FEES RESULTING FROM YOUR BREACH OF ANY
PROVISION OF THIS AGREEMENT OR ANY WARRANTY PROVIDED HEREIN OR
OTHERWISE ARISING IN ANY WAY OUT OF YOUR USE OF THIS SERVICE. PT
RESERVES THE RIGHT TO TAKE EXCLUSIVE CONTROL AND DEFENSE OF ANY
SUCH CLAIM OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH
CASE YOU WILL COOPERATE FULLY WITH PT IN MAKING A DEFENSE.
UNAUTHORIZED USE

Authorized use of this Service depends on your compliance with the terms of this
Agreement. PT reserves the right at its sole discretion to take action against violations of this
Agreement by limiting or blocking access, suspending or terminating services, and cooperating
with appropriate authorities regarding any illegal or unauthorized activities involving this
Service. You agree to be liable to PT for any damages incurred or amounts that are required to be
paid by PT that arise out of or are related to your violation of this Agreement.

TERM AND TERMINATION
You agree that PT may change, suspend, or terminate this Agreement at any time for any
reason without prior notification. PT also reserves the right to update or revise this Agreement at

any time without prior notice and that your continued use of this Service after such change
constitutes your acceptance of its revised terms.

ABILITY TO ACCEPT TERMS
You warrant and represent that you have the legal authority to accept these Terms and
Conditions on behalf of yourself and all persons and legal entities that you represent, sufficient to
cause all such persons and entities to be legally bound to these Terms. You also warrant and
represent that you have the legal authority to accept these Terms and Conditions on behalf of the
owner of the device you are using to access the Service, in the event you are not the device
owner. By clicking to accept the Terms and Conditions or by accessing or using the Service, you
signify your agreement, and the agreement of all persons or legal entities you represent including
the owner of the device (if applicable), without limitation or qualification, to be bound by these
Terms and Conditions. You further warrant and promise that you have the legal capacity to enter
into this agreement and these Terms and Conditions or, if not, that your parent(s) or legal
guardian(s) have consented to your use of this Service and accept these Terms and Conditions on
your behalf. If you do not agree with each provision of these Terms, or you are not authorized to
agree to and accept these Terms and Conditions, you may not use this Service. References to
“you” and “your” include you, your legal guardian or parent (if applicable), and any persons or
entities that you represent, inclusive of the device owner (if applicable).

MISCELLANEOUS
You agree that this Agreement and your use of this Service shall be governed by the laws
of the State of New York, and that exclusive jurisdiction for all controversies or claims shall be
in the State of New York, and that PT shall have at all times the right to seek injunctive relief
available to it under applicable laws. You agree that this Agreement does not create, and you and
PT expressly disclaim, any other third-party beneficiary relationship. You agree that this
Agreement constitutes the entire agreement between you and PT regarding its subject matter and
supersedes any other verbal or written agreements between you and PT. You agree to send all
official correspondence regarding this Agreement by regular mail to PINK TACO LLC, Attn:
Legal Department, 400 Madison Ave #10b, New York, NY 10017.