DMCA Safe Harbor

GUEST WIRELESS NETWORK

CAPTIVE PORTAL ACCESS AGREEMENT

Terms of Use and Acceptable Use Policy • United States

Provider: Crossroads Coffee, Inc., a Texas Corporation (“Company,” “we,” “us,” or “our”)

Service: Complimentary guest wireless Internet access at Crossroads Coffee, Inc located at 15325 Summit Park Drive, Suites 108 & 109, Montgomery, TX 77356 (the “Network” or “Service”)

1. Acceptance of this Agreement

This Captive Portal Access Agreement (the “Agreement”) is a binding contract between you (“you” or “User”) and Company. It governs your access to and use of the Network.

By clicking “I Agree,” “Connect,” “Accept,” or any similar button, by checking an acceptance box, or by accessing or using the Network after this Agreement is presented to you, you acknowledge that you have read, understand, and agree to be bound by this Agreement and by Company’s Privacy Policy available at [https://crossroadscoffee.cafe/privacy-policy], which is incorporated by reference.

If you do not agree to this Agreement, do not click accept and do not access or use the Network. You must immediately disconnect from the wireless SSID.

You represent that: (a) you are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater; or (b) if you are 13 or older but under the age of majority, a parent or legal guardian has reviewed and agreed to this Agreement on your behalf. The Network is not directed to children under 13. Do not use the Network if you are under 13. See Section 16 regarding the Children’s Online Privacy Protection Act (COPPA).

If you access the Network on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes that organization.

2. Description of the Service

Company provides the Network as a courtesy and convenience to guests, visitors, customers, patrons, and (where applicable) temporary occupants of the premises. The Network is not a public utility, common-carrier service, or guaranteed Internet service.

Unless a separate paid plan is expressly offered and purchased, access is complimentary, limited, and revocable. Company does not promise any particular speed, latency, uptime, coverage area, device limit, session length, or suitability for any purpose, including voice, video, gaming, VPN, or business-critical applications.

Session and technical limits (customize): Sessions may be limited to 90 minutes. Bandwidth may be capped at 10 Mbps per device. Concurrent devices per user may be limited to 2. Company may apply content filtering, DNS filtering, firewall rules, NAT, rate limiting, client isolation, and traffic shaping.

The Network is a shared, untrusted public or semi-public wireless environment. Wireless transmissions can be intercepted. You are solely responsible for securing your device, using current security updates and antivirus software, enabling a personal firewall, and using a reputable virtual private network (VPN) if you transmit confidential information.

3. License; Scope of Use

Subject to this Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Network solely for lawful, personal, non-commercial use during your authorized presence at the premises, unless Company has separately authorized commercial use in writing.

No other rights are granted. Company and its licensors and service providers retain all right, title, and interest in the Network, related hardware and software, branding, and logs.

4. Acceptable Use — Prohibited Conduct

You may use the Network only for lawful purposes and in accordance with this Agreement. You agree not to use the Network, and not to permit any other person using your device to use the Network:

In any way that violates any applicable federal, state, local, or international law or regulation, including laws governing export of data or software, sanctions, computer crime, child exploitation, wiretapping, obscenity, gambling, controlled substances, fraud, or money transmission.

To exploit, harm, or attempt to exploit or harm minors, including by exposing them to inappropriate content or soliciting personal information.

To send, receive, upload, download, store, publish, or transmit material that infringes or misappropriates another person’s intellectual property, publicity, privacy, or other rights.

To transmit or procure the sending of advertising or promotional material, including junk mail, chain letters, phishing, smishing, or spam, except as expressly permitted by Company in writing.

To impersonate Company, a Company employee, another user, or any other person or entity, or to forge headers, MAC addresses, or other identifiers.

To threaten personal safety, stalk, harass, defame, extort, or incite violence.

To engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Network, or that Company determines may harm Company, other users, or third parties, or expose them to liability.

You further agree not to:

Use the Network in any manner that could disable, overburden, damage, or impair the Network or interfere with any other party’s use, including real-time activities.

Use any robot, spider, scraper, or other automatic device, process, or means to access the Network for any purpose, including monitoring or copying Network traffic or resources.

Use any manual process to monitor or copy Network traffic or resources without Company’s prior written consent.

Use any device, software, or routine that interferes with the proper working of the Network.

Introduce viruses, ransomware, trojan horses, worms, logic bombs, cryptominers, or other malicious or technologically harmful software or material.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Network or any server, computer, database, camera, point-of-sale system, access point, controller, or other resource connected to the Network or located on the premises.

Violate, attempt to violate, or knowingly facilitate violation of the security or integrity of the Network, including port scanning, packet sniffing of other users’ traffic, ARP spoofing, DNS poisoning, rogue access points, evil-twin attacks, MAC spoofing, or attempts to bypass the captive portal, client isolation, VLAN segmentation, or filtering.

Operate servers, peer-to-peer file-sharing services, high-volume backup, torrenting, or other applications that consume disproportionate bandwidth, except as Company may allow.

Resell, share, bridge, tether for commercial redistribution, or otherwise provide Network access to third parties as a service.

Use the Network to commit, facilitate, or conceal any crime, tort, or regulatory violation, including copyright piracy, identity theft, or unauthorized interception of communications.

You are responsible for all activity originating from your device(s), whether or not you authorized that activity, including activity by any person to whom you provide access.

5. Content Standards

You agree not to send, knowingly receive, upload, download, use, or reuse any content through the Network that:

Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promotes sexually explicit or pornographic material, child sexual abuse material (CSAM) in any form, violence, or unlawful discrimination.

Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right.

Violates the legal rights of others, including publicity and privacy rights, or could give rise to civil or criminal liability.

Is likely to deceive any person, or constitutes phishing, social-engineering, or impersonation.

Promotes illegal activity or advocates, promotes, or assists any unlawful act.

Involves unauthorized commercial activities, contests, sweepstakes, barter, or advertising, except as Company permits.

Gives the false impression that it emanates from or is endorsed by Company.

Company does not undertake an obligation to review user content and is not an editor or publisher of third-party Internet content accessed through the Network. Nothing in this Agreement limits defenses available to Company under 47 U.S.C. § 230 or the Digital Millennium Copyright Act, 17 U.S.C. § 512.

6. Copyright and DMCA

Company respects intellectual property rights. If you believe material accessible through the Network infringes your copyright, you may send a notice to Company’s designated DMCA agent:

DMCA Agent: Crossroads Coffee, Inc.

Address: 15325 Summit Park Drive, Montgomery, TX 77356

Email: contact@crossroadscoffee.cafe

Phone: 936-236-6823

Notices should substantially comply with 17 U.S.C. § 512(c)(3). Company may terminate access of users who are repeat infringers in appropriate circumstances. Company may disable or block access to alleged infringing material and is not required to restore access.

7. User Security Responsibilities

You understand that guest wireless networks are inherently less secure than private wired or enterprise-managed networks. You agree that:

You will keep your device’s operating system, browser, and security software reasonably current.

You will not conduct highly sensitive transactions (for example, accessing privileged legal files, healthcare records, or large wire transfers) on the Network unless you use appropriate additional controls such as a trusted VPN and multi-factor authentication.

You will not disable device security features in order to connect.

You accept the risk of malware, packet sniffing, rogue portals, and other attacks that can occur on public Wi-Fi.

Company is not responsible for configuring, supporting, or repairing your device.

Company may isolate guest traffic from corporate, point-of-sale, building-management, and employee networks. You must not attempt to reach those networks.

8. Privacy; Data Collection; Notice at Collection

To operate the Network, enforce this Agreement, protect the premises and other users, comply with law, and (if separately consented) communicate with you, Company and its service providers may collect and process information such as:

Identifiers you submit on the captive portal (for example, name, email address, phone number, room or ticket number, loyalty ID).

Device and network identifiers (MAC address, IP address, hostname, device type, operating system, browser, SSID, BSSID, signal data).

Session metadata (connection and disconnect times, duration, data volume, authentication result, assigned VLAN or policy).

Limited technical logs reasonably necessary for security, abuse investigation, and network operations. Company does not generally inspect the full content of encrypted user sessions, but filtering, DNS logs, firewall logs, and similar operational data may be retained.

Approximate location associated with the access point you use on the premises.

Business purposes include providing and securing the Service, preventing fraud and abuse, complying with legal process, debugging, and internal analytics of Network performance. Company does not sell personal information for money as a condition of complimentary access. If Company “sells” or “shares” personal information as those terms are defined under the California Consumer Privacy Act as amended by the CPRA or similar state laws (for example, certain advertising or analytics disclosures), Company will provide a “Do Not Sell or Share My Personal Information” mechanism at [https://crossroadscoffee.cafe/privacy-policy] and will honor legally recognized opt-out preference signals such as Global Privacy Control where required.

Marketing communications, if any, are optional. Access to the Network is not conditioned on consent to marketing. Any marketing checkbox on the portal must remain unchecked by default and separate from acceptance of this Agreement. Email marketing is also subject to the CAN-SPAM Act. Text messages, if offered, require additional prior express written consent under the Telephone Consumer Protection Act (TCPA) and must not be bundled as a condition of Wi-Fi access.

Details, retention periods, categories of sources and disclosures, and consumer rights requests are described in the Privacy Policy at [https://crossroadscoffee.cafe/privacy-policy]. Submit access, deletion, or correction requests to [contact@crossroadscoffee.cafe]. Company will verify and respond as required by applicable law.

Logs and identifiers may be retained for 90 days for security and legal-compliance purposes, or longer if reasonably necessary for an investigation, dispute, or legal hold.

9. Monitoring and Enforcement

Company does not undertake a duty to monitor all use of the Network. Company reserves the right, however, consistent with applicable law, to:

Monitor use of the Network for security, capacity, policy compliance, and legal compliance.

Filter, block, rate-limit, quarantine, or terminate sessions or devices.

Investigate suspected violations and preserve logs.

Disclose information about you or your session to third parties who claim that activity originating from your device violates their rights, to service providers, to insurers, or as required or permitted by law.

Cooperate with law-enforcement, national-security, and regulatory authorities and with court orders, subpoenas, and search warrants.

Refer matters to law enforcement.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LANDLORDS, AND SERVICE PROVIDERS FROM CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THEM DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY COMPANY OR BY LAW-ENFORCEMENT AUTHORITIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Company’s wireless, captive-portal, and Internet-access vendors are intended third-party beneficiaries of the acceptable-use, indemnity, and enforcement provisions of this Agreement and may enforce those provisions directly against you.

10. No Warranty

THE NETWORK AND ALL RELATED EQUIPMENT, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT: (A) THE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR LOCATION ON THE PREMISES; (B) DEFECTS WILL BE CORRECTED; (C) THE NETWORK IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) DATA TRANSMITTED OVER THE NETWORK WILL BE PRIVATE, INTEGRAL, OR UNINTERCEPTED; OR (E) THE NETWORK IS SUITABLE FOR ANY PARTICULAR USE, INCLUDING EMERGENCY COMMUNICATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS. IN THOSE JURISDICTIONS, WARRANTIES ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LANDLORDS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, OR FOR DEVICE DAMAGE, SECURITY BREACH, IDENTITY THEFT, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE NETWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE NETWORK WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO COMPANY, IF ANY, SPECIFICALLY FOR NETWORK ACCESS DURING THE THREE (3) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50.00).

THESE LIMITATIONS ALLOCATE RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN FOR COMPLIMENTARY OR LOW-COST ACCESS. SOME STATES DO NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THOSE STATES, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED. NOTHING IN THIS AGREEMENT LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED, OR FOR FRAUD.

12. Indemnification

You will defend, indemnify, and hold harmless Company and its affiliates, owners, officers, directors, employees, agents, landlords, contractors, and service providers from and against any and all claims, damages, losses, costs, investigations, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your access to or use of the Network; (b) your content or traffic; (c) your violation of this Agreement or of any law; (d) your violation of any third-party right; (e) any activity originating from your device; or (f) any dispute between you and any third party relating to the Network. Company may assume exclusive defense and control of any matter subject to indemnification; you will cooperate.

13. Suspension and Termination

Company may suspend, rate-limit, filter, or terminate your access immediately, with or without notice, for any reason or no reason, including suspected violation of this Agreement, security risk, legal request, network congestion, maintenance, or discontinuation of the Service. Upon termination, the license in Section 3 ends. Sections that by their nature should survive (including 4–12 and 14–20) survive termination.

14. Changes

Company may modify this Agreement at any time by posting an updated version at the captive portal or at [TERMS URL] and updating the “Last revised” date. The modified Agreement is effective when posted. Your continued use of the Network after the effective date constitutes acceptance. If you do not agree, stop using the Network.

15. Emergency Services; No 911 Reliance

The Network is not a substitute for traditional telephone service and may not support emergency calling (911 / E911) or text-to-911 reliably. Location information may be inaccurate. In an emergency, use a mobile carrier network or a premises landline and follow posted emergency procedures. Company has no obligation to provide emergency communications over the Network.

16. Children; COPPA

The Network is not directed to children under 13. Company does not knowingly collect personal information from children under 13 through the captive portal. If you believe a child under 13 has submitted personal information, contact [https://crossroadscoffee.cafe/privacy-policy] so that Company can delete it as required. Parents and guardians are responsible for supervising minors’ use of the Network and of Internet content.

17. Export, Sanctions, and Lawful Use

You may not use the Network if you are located in a comprehensively sanctioned jurisdiction or if you are a denied or restricted party under U.S. export-control or sanctions laws administered by OFAC, BIS, or DDTC. You will not use the Network to export or re-export controlled software or technical data in violation of U.S. law.

18. Dispute Resolution; Governing Law

This Agreement is governed by the laws of the State of the State of Texas, without regard to conflict-of-law principles, and by applicable federal law of the United States.

Exclusive venue for disputes lies in the state or federal courts located in Montgomery County, Texas and you consent to personal jurisdiction there.

19. State-Specific Notices

19.1 California

If you are a California resident, you may have rights under the CCPA/CPRA, including rights to know, delete, correct, and opt out of sale or sharing of personal information, and to limit use of sensitive personal information where applicable. See the Privacy Policy and [DNSMPI URL].

California Civil Code § 1789.3: Company is located at [ADDRESS]. Complaints may be sent to [CONTACT]. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

19.2 Other Comprehensive State Privacy Laws

Residents of states with comprehensive privacy statutes (including, as applicable, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Tennessee, Iowa, Delaware, Nebraska, New Hampshire, New Jersey, and others as they become effective) may have similar rights as described in the Privacy Policy. Company will honor verifiable consumer requests as required by the law of the state that applies to you.

19.3 New Jersey and Other Consumer Statutes

Certain limitations of liability, indemnity, or warranty disclaimers may be limited by the consumer-protection laws of your state of residence. Those non-waivable rights remain available.

20. Miscellaneous

This Agreement, together with the Privacy Policy and any posted Network rules, is the entire agreement between you and Company concerning the Network and supersedes prior or contemporaneous communications on that subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will continue in effect. Company’s failure to enforce a provision is not a waiver. You may not assign this Agreement. Company may assign it. There are no third-party beneficiaries except as expressly stated. Notices to you may be provided through the captive portal, by email if you provided one, or by posting. Headings are for convenience only. The English-language version controls. You agree that electronic acceptance satisfies applicable electronic-signature laws, including the federal E-SIGN Act and the Uniform Electronic Transactions Act as adopted in the applicable state.

21. Contact

Legal / Terms: [contact@crossroadscoffee.cafe]

Privacy: [https://crossroadscoffee.cafe/privacy-policy]

Network support (non-emergency): [Manager]

Mailing address: 15325 Summit Park Drive, Suite 109, Montgomery, TX 77356

Acknowledgment (for records/portal log)

By selecting “I Agree” on the captive portal, you acknowledge:

You have had an opportunity to read this Agreement and the Privacy Policy.

You agree to the acceptable-use rules and understand the Network is provided AS IS.

You understand wireless access is untrusted and you are responsible for your device and traffic.

Marketing consent, if collected, is separate and optional.

Logged fields typically stored with acceptance: timestamp (UTC), portal version ID, user agent, source IP, MAC address, and (if collected) submitted identifiers.