Lucky Supermarkets WiFi Terms of Service

Last Updated: May 2024

Lucky Supermarkets provides access to a guest wireless network (SSID: “Lucky”) for short-term access to Lucky Supermarkets WiFi network in certain Lucky Supermarkets store locations (“Network”). Lucky Supermarkets and its network and technology partners are collectively referenced in these WiFi Terms of Service as “we” or “us.” Access to the Network is provided as a courtesy and convenience to you on an as-is basis. Use of our Network is at your own risk.

By using the Network, you agree to be bound by these WiFi Terms of Service, available at https://www.luckysupermarkets.com/legal/terms-and-conditions. In the event anything in Lucky Supermarkets Terms of Use conflicts with any of these WiFi Terms of Service, these WiFi Terms of Service take priority. These WiFi Terms of Service and Lucky Supermarkets Terms of Use are collectively referenced herein as the “Terms.” Lucky Supermarkets reserves the right to amend, alter, or modify your conduct requirements as set forth in the Terms at any time. By clicking to accept or agree to the Terms, you accept and agree to be bound and abide by these Terms. If you do not want to agree to the Terms, you must not access or use the Network.

Except as provided in “Disclaimer of Warranties” below, nothing in these Terms will be deemed to confer any third-party rights or benefits.

If you choose to use other services (such as an application or website) while using the Wi-Fi Service, your use of those services will be governed by the terms and conditions provided to you in association with those services.

Privacy and Security

We may collect information about your usage of the Network, such as when and for how long you use the Network and the frequency and size of data transfers. We may also collect information about the geographic locations of the Network nodes through which you connect to the Network. For more information about how we collect, use and share information, please see the Lucky Supermarkets Privacy Policy, available at https://www.luckysupermarkets.com/legal/privacy-policy. All personal information collected from you or about your use of the Network will be handled in accordance with the Privacy Policy.

You understand that the Network, which utilizes wireless technologies, is not inherently secure and that wireless communications may not remain private or free of interception or access by others. We will not be liable to you or any other party for any lack of security that may result from your use of the Network, and you agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your device and anything stored on, or transmitted by, your device.

We do not exercise control over other services you may use while using the Network. These third-party services may place their own cookies or other files on your computer or device, collect data, or solicit information from you. For more information, consult the applicable privacy policies for those services.

Your Responsibilities

You must have a wireless-enabled device to connect to the Network.

We will assign you a temporary IP address each time you access the Network. You may not program any other IP or MAC address into your device that accesses the Network.

You may not use the Network for improper activities. Examples of improper activities include, without limitation:

· modifying, adapting, translating, or reverse engineering any portion of the Network;

· reselling, renting, sharing or distributing any aspect of the Network;

· attempting to break security, access, tamper with or use any unauthorized parts of the Network or any third party devices, accounts, equipment or networks;

· removing any copyright, trademark or other proprietary rights notices contained in or on the Network;

· attempting to collect or maintain any information about other users of the Network (including usernames and/or email addresses) or other third parties for unauthorized purposes;

· logging onto the Network under false or fraudulent pretenses (including impersonating any person or misrepresenting your identity or affiliation with any person or organization);

· creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other users or otherwise interfering with other users’ enjoyment of the Network;

· using the Network to transfer technology, software or other materials in violation of applicable export laws and regulations;

· transmitting content that falsely expresses or implies that it is sponsored or endorsed by Save Mart, that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party, or that is defamatory, unlawful or promotes or encourages illegal activity;

· transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;

· using the Network to advertise, solicit, transmit, store, post, display or otherwise make available deceptive, defamatory, explicit, embarrassing, discriminatory, violent, offensive, harassing, hateful, obscene, indecent or objectionable images or other materials; or

· using the Network for any unlawful, harassing, abusive, criminal or fraudulent purpose.

You are responsible for your conduct and the conduct of anyone who uses the Network via your device. We reserve the right to monitor, intercept and disclose any transmissions over or using our facilities, and to provide user information, or use records, and other related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect Lucky Supermarkets or any other person from harm). For more information, see the Lucky Supermarkets Privacy Policy, available at http://www.luckysupermarkets.com/privacy-policy.

Lucky Supermarkets, in its sole discretion, will determine whether your conduct is in compliance with these Terms.

Termination

We reserve the right to terminate or suspend your use of the Network, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Lucky Supermarkets to you will terminate

Content Disclaimer

We do not control and are not responsible for third-party data, content, services, or products that you access or download through the Network. We may, but are not obliged to, block data transmissions to protect us, the Network, or the public.

Disclaimer of Warranties

We, our service providers, their employees, affiliates, suppliers or licensors (the “WiFi Parties”) disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or accessible through the Network. The WiFi Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The WiFi Parties disclaim any responsibility for

any harm resulting from downloading or accessing any information or material on the Internet through the Network.

YOU UNDERSTAND AND AGREE THAT (A) THE NETWORK WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THE NETWORK, (C) WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE NETWORK, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE NETWORK AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

Without limiting the foregoing, under no circumstances will the WiFi Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond their reasonable control, including, without limitation, Internet failures, device equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnity

You agree to hold harmless and indemnify the WiFi Parties from and against any third party claim arising from or in any way related to any breach of these Terms and/or your use of the Network, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Lucky Supermarkets will provide you with written notice of such claim, suit or action.

Copyright Issues

We respond to notices of alleged copyright infringement and otherwise comply with the U.S. Digital Millennium Copyright Act. If you think somebody is violating your copyright and want to notify us, you can find information about how to do so here https://www.luckysupermarkets.com/legal/terms-and-conditions

Miscellaneous Provisions

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

These Terms (including Lucky Supermarkets Terms of Use) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Lucky Supermarkets.

Download a PDF version of the Guest WiFi Terms of Service here.