Access to this WIFI service (“Service”) is provided as a courtesy only to current customers and guests of this location operated by Five Below, Inc. (“Five Below”).
The Service is controlled and operated from the United States and is not intended to subject Five Below to the laws or jurisdiction of any state, country or territory other than that of the United States. You are responsible for complying with all local laws, rules and regulations. The Service may not be available in all Five Below locations and may not be accessible from all devices. There is no technical support or assistance provided for the use of this Service.
Use of this Service is at your own risk. There are privacy and security risks inherent in accessing or transmitting information through the internet over wireless communications. The Service is not encrypted or secured in any way, and any material or communications that you transmit or receive using this Service may be accessed by third parties. While using the Service, you assume full responsibility and risk for: (i) your own privacy and security; (ii) implementing any safeguards you deem to be appropriate to protect and secure your privacy and systems; and (iii) evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. There is no expectation of privacy or security when using this Service. Five Below is not responsible or liable for any interception of transmissions, computer viruses or worms, loss or unauthorized access of data, file corruption, hacking or damages to your computer or other devices that result from use of the Service
You agree that you are fully responsible for your use of the Service. You agree that (1) you will not use this Service in violation of applicable laws and regulations; (2) you will not use the Service to transmit any material or communications that are unlawful, malicious, fraudulent, harassing, obscene, indecent, or harmful to Five Below, its customers, employees, or any other party; (3) you will not violate or misappropriate any other party’s intellectual property, privacy, security or other rights; (4) you will not transmit spam, viruses or any other malicious software; and (5) you will not use this Service to access illegally or without authorization any computers, accounts, equipment, or networks belonging to another party, or attempt to penetrate or circumvent security measures of another system.
Your access to the Service is completely at the discretion of Five Below. Five Below has the right (but not the obligation), in its sole discretion, to block inappropriate material or communications, websites, or other resources, and/or suspend or terminate an individual’s access to the Service for engaging in these prohibited uses, or for any other reason or no reason at all.
Information Collection and Use; Monitoring and Privacy
Five Below collects certain information about your use of this Service, including without limitation, the type of device, session times, and internet activity (sites visited, content viewed…etc.). This information may be used for enhancing the Service, for internal operations such as analyzing how the Service is used, to improve our stores and/or mobile experience, and our marketing efforts.
Five Below has the right (but not the obligation) to monitor use of this Service, including but not limited to communications or materials accessed or transmitted through this Service, and to take appropriate action against you for misuse of the Service or violation of the Terms. Five Below may access, preserve, or disclose any such information for purposes of ensuring compliance with these Terms and applicable law, cooperating with legal authorities, and otherwise protecting the rights, property and interest of Five Below and its employees and customers.
THE SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIVE BELOW DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS, SECURITY AND SERVICES PROVIDED BY THE SERVICE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, UNINTERRUPTED ACCESS AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT NO ADVICE OR INFORMATION GIVEN BY FIVE BELOW OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
To the fullest extent permissible pursuant to applicable law, neither Five Below nor its affiliates or any of their respective directors, officers, employees, or agents shall be liable for ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIALITY OR SECURITY, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, EVEN IF Five Below is advised of the possibility of any such damages.
To the fullest extent permissible pursuant to applicable law, you agree to defend, indemnify and hold Five Below and its affiliates and any of their respective directors, officers, employees, or agents harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your misuse of the Service or your violation of the Terms.
Five Below reserves the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted. Each time you use the Service, you should review the current Terms. Your continued use of the Service will indicate your acceptance of the current Terms. Five Below reserves the right to suspend or discontinue the Service, in whole or in part, at any time and in Five Below’s sole discretion.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms (i) will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania; and (ii) constitute the entire agreement between you and Five Below regarding the accepted use and terms of the Service.
EFFECTIVE: October 29, 2018