Giant Eagle, Inc.
Acceptable Use Policy for Public Wi-Fi
(Internet Service)

Description of Service

The Giant Eagle Public Wi-Fi internet service (Wi-Fi), including but not limited to Giant Eagle, GetGo, Market District, and Giant Eagle Express, (collectively, "Giant Eagle"), provides you with wireless access to the Internet via access points located throughout our stores or areas which are owned, operated, and/or managed by Giant Eagle or in third party areas serviced by Giant Eagle.

Terms of Use

Your use of the Wi-Fi is subject to this Acceptable Use Policy, and you agree that you are fully responsible for your activities while using the Wi-Fi (including for any content, information, and other materials you access or transmit while using the Wi-Fi), and you bear all risks associated with its use.

DO NOT use the service if you do not intend to be bound by the Terms of this Policy. Giant Eagle reserves the right to modify these Terms at any time. Your use of the service constitutes your acceptance to the Terms in this Policy and acts as a legal agreement between you and Giant Eagle. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Giant Eagle for products, services or otherwise.

Unauthorized Use

Without limiting any other available right or remedy, we reserve the right to, and you agree that we have the right, to: (a) take such actions as we deem, in our sole discretion, to be appropriate to protect against violations of the Policy or abuse of the service and to otherwise protect our interests (e.g., removing offending material, temporary or permanent filtering, blocking access, and suspending or terminating service), and (b) investigate immediately and involve and cooperate with appropriate authorities regarding any illegal or unauthorized activities involving the service or activities that may be or are suspected to be illegal or unauthorized.

You agree that you will be liable to us for any damages incurred or amounts that we become liable for or that we are required to pay arising out of or related to your violation of this Policy, including, without limitation, costs, fees and damages paid to third parties, cost of repairs or replacements, and reasonable attorneys' fees and costs of enforcement.  Any illegal or unauthorized use or suspected use will be reported to appropriate authorities.

Prohibited Use

In no event may the Wi-Fi be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Giant Eagle, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Giant Eagle that is not authorized by Giant Eagle; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Giant Eagle; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Giant Eagle’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates this Policy; (k) attempts to damage, disable, overburden, or impair Giant Eagle’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party Terms. Giant Eagle reserves the right, in its sole discretion, to terminate your use or assert legal action with respect to the use of the Wi-Fi, that Giant Eagle reasonably believes is or might be in violation of this Policy. Giant Eagle’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Policy.

Suspension/Termination/Cancellation of Service

You agree that Giant Eagle retains the right, but not the obligation, to restrict or terminate your Wi-Fi Service at any time, if Giant Eagle, in its sole discretion, determines that you are in violation of this Policy and/or any other online policies. You agree that, if Giant Eagle determines that you are in violation of this Policy, any restriction or termination of your Wi-Fi service will be effective immediately, without prior notice. You agree that Giant Eagle will have no liability to you for any restriction or termination of your Wi-Fi Service pursuant to such violation. Giant Eagle reserves the right to refuse the application or reapplication of anyone whose session has been canceled for a violation, or anyone whom Giant Eagle suspects is acting on behalf of someone whose session has been canceled for a violation. Giant Eagle reserves the right to cancel or suspend all other sessions belonging to you if one of your sessions was involved in a violation. Giant Eagle reserves the right to disconnect and/or temporarily suspend a session from Giant Eagle’s network without warning if in Giant Eagle's sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation of this Policy. If the connection to the Wi-Fi service has no activity from the user, then Giant Eagle may disconnect services and end the session. You are responsible for obtaining and maintaining any communications equipment necessary to connect to Giant Eagle’s Wi-Fi service, including wireless or standard network cards, computer hardware and software. You are responsible for ensuring that such equipment or service is compatible with the requirements. In addition, you are responsible for maintaining the security of your account, password, files, network and user access, and any information you disseminate through the Wi-Fi service or other Internet services, and for all use of your account with or without your knowledge or consent, including, without limitation, any use of your account by minors.

Indemnity

You agree to indemnify, defend, and hold us (and our officers, directors, and employees) harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of the Policy or any warranty you provide herein, or otherwise arising in any way out of your use of the service. We reserve the right to take exclusive control of the defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

Liability of Customer/End User

Although privacy and security are important to us, you understand and agree that you will have no expectation of privacy or security in your use of the service. There are privacy and security risks associated with wireless communications and the Internet generally. You acknowledge that we make no assurance that your communications or activities will be or will remain private or secure, and agree that we assume no responsibility in that regard. You agree that you, and not us, are solely responsible for your privacy and security in using the service, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems.

Consent to Monitoring

Giant Eagle reserves the right to, and you agree that we may (although, not required) monitor your communications and activities via the Wi-Fi (including its content) during transmission and in connection with the use of the Wi-Fi, we may also disclose any such information for purposes of ensuring your compliance with this Policy, applicable laws, cooperating with legal authorities, and otherwise protecting Giant Eagle’s rights, property, and interests.

Incident Reporting

Any complaints (other than claims of copyright or trademark infringement) regarding violation of these Terms should be directed to Giant Eagle’s Customer Care Line at 1-800-553-2324 (Indiana residents, please dial 1-866-620-0216). Where possible, include details that would assist in investigating and resolving such complaint such as:

• IP address used to commit the alleged violation
• Date and time of the alleged violation
• Description and evidence of the alleged violation (i.e. expanded headers and a copy of the offending transmission)