These Terms of Service (the "Terms") govern your use of the Guest Wireless service ("Service"). Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.
The Service is provided by H-E-B, LP, its affiliates, including NeighborFavor Inc., and brands (collectively, "H-E-B", “we”, “us”, or “our”). The Service provides you with wireless access to the Internet via high-speed access points in certain stores, offices, or other locations ("Locations") without a direct fee for service. The Service should not be used through computing devices owned by or operated on behalf of H-E-B.
We may immediately terminate or suspend all or a portion of your Service, without notice, for any reason or no reason at all, including, but not limited to, conduct that we believe constitutes a violation of (a) any law, regulation or tariff (including, without limitation, copyright and intellectual property laws), (b) these Terms, or (c) any applicable policies or guidelines which have been provided separately to you. We may also terminate or suspend your Service if you provide false or inaccurate information that is required for the provision of Service.
We reserve the right to modify, terminate, or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service. Without limiting the foregoing, we may provide notice of changes in the Service through in-store displays, posting on the company website(s), or email. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
We may update or change these Terms from time to time. The effective date of the Terms will be displayed within the Terms itself and the landing page for the Service. You should review these Terms periodically. Your continued use of the Service constitutes your acceptance of any such changes. If you do not agree to the revisions, you must stop using the Service immediately.
Provisioning of the Service is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of the Service may occur as normal events in the provision of the Service and that we will not be liable for such interruptions. You further understand and agree that we have no control over third party networks you may access in the course of your use of the Service, and therefore, delays and disruptions of other network transmissions are beyond our control. We will not be liable for any failure of performance, if such failure is due to any cause beyond our reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, terrorism, cable cut, storm or other similar occurrence, any law, order or regulation by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or delays caused by you or your equipment.
Subject to your acceptance of and compliance with these Terms, you are hereby granted a non-exclusive, non-transferable and non-assignable limited license to use the Service. The Service is provided for your use only (unless otherwise specifically stated) and you agree not to reproduce, duplicate, copy, sell, transfer, resell or exploit for any commercial purposes your subscription to or membership in the Service, any portion of the Service, use of the Service, or access to the Service. You have no right to resell, sublicense, assign or transfer your right to access or use the Service. All information, documents, products, and software ("Materials") provided with this Service were provided by or to H-E-B by their respective manufacturers, authors, developers, licensees and vendors (the "Third Party Providers") and are the copyrighted work of H-E-B and/or the Third Party Providers. Except as stated herein, none of the foregoing Materials may be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of H-E-B or the Third Party Provider. You also may not, without H-E-B' prior express written permission, "mirror" any Material provided with this Service on any other server. Nothing provided with this Service shall be construed as conferring any license under any of H-E-B's or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Any unauthorized use of any Materials provided with or through this Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
We have not independently authenticated, in whole or in part, any Materials provided by Third Party Providers. We do not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by us. This Service may be linked to other websites which are not under our control nor maintained by us. We are not responsible for the content of those sites. We are providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply our endorsement of those sites.
Unless otherwise explicitly stated, any Materials provided by you in connection with this Service shall be deemed to be provided on a non-proprietary and non-confidential basis. We have no obligation of any kind with respect to such Materials, and we will be free to use or disseminate such Materials on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Materials that you submit, and you have full responsibility for the Materials, including their legality, reliability, appropriateness, originality and copyright.
UNLESS OTHERWISE EXPLICITY STATED, THE SERVICE AND ANY INCLUDED MATERIALS ARE PROVIDED "AS IS", AND ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. H-E-B MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, H-E-B DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON H-E-B'S BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY BY A THIRD PARTY AS A WARRANTY OF H-E-B.
H-E-B SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS AND THE SERVICE. MOREOVER, IN NO EVENT SHALL H-E-B BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR BREACH OR IN TORT, EVEN IF H-E-B HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify and hold harmless H-E-B and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your violation of these Terms; and (d) your violation of any rights of another.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST H-E-B FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE SERVICE AND MATERIALS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS H-E-B (INCLUDING ITS PARENT AND AFFILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT NOT TO SUE H-E-B FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND ANY INCLUDED MATERIALS.
This Service could include inaccuracies or typographical errors. Any action related to these Terms will be governed by Texas law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. In the event that any provision of these Terms shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and these Terms shall continue in full force and effect and be construed as if they did not contain the invalid or unenforceable provision.
You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through an H-E-B site or Service(s).
©2001—2019 H-E-B Last updated on June 13, 2019