Ulta Beauty Wi-Fi Terms of Service
Last Updated: January 31, 2017
This free Wi-Fi service is provided by Ulta Beauty in certain Ulta Beauty store locations throughout the United States ("Wi-Fi Service"). The Wi-Fi equipment and services for this Wi-Fi Service are provided by Granite Telecommunications, LLC, with a business address at 100 Newport Ave Ext, Quincy, MA 02171 ("Granite") and its technology partners. Ulta Beauty and Granite are collectively referenced in these Wi-Fi Terms of Service as "we" or "us."
By using the Wi-Fi Service, you agree to be bound by these Wi-Fi Terms of Service. In addition to the language below, the Wi-Fi Terms of Service include Ulta Beauty’s Terms and Conditions, available at https://www.ulta.com/ulta/common/user_agreement.jsp. In the event anything in Ulta Beauty’s Terms and Conditions conflicts with any of these Wi-Fi Terms of Service, these Wi-Fi Terms of Service take priority. These Wi-Fi Terms of Service and Ulta Beauty’s Terms and Conditions are collectively referenced herein as the "Terms."
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
You understand that the Wi-Fi Service, 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 Wi-Fi Service, 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 Wi-Fi Service. 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.
You must have a wireless-enabled device to connect to the Wi-Fi Service.
We will assign you a temporary IP address each time you access the Wi-Fi Service. You may not program any other IP or MAC address into your device that accesses the Wi-Fi Service.
You may not use the Wi-Fi Service for improper activities. Examples of improper activities include, without limitation:
- modifying, adapting, translating, or reverse engineering any portion of the Wi-Fi Service;
- reselling, renting, sharing or distributing any aspect of the Wi-Fi Service;
- attempting to break security, access, tamper with or use any unauthorized parts of the Wi-Fi Service or any third party devices, accounts, equipment or networks;
- removing any copyright, trademark or other proprietary rights notices contained in or on the Wi-Fi Service;
- attempting to collect or maintain any information about other users of the Wi-Fi Service (including usernames and/or email addresses) or other third parties for unauthorized purposes;
- logging onto the Wi-Fi Service under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as "spam," or chain letters to other users or otherwise interfering with other users’ enjoyment of the Wi-Fi Service;
- using the Wi-Fi Service 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 Ulta Beauty, 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 Wi-Fi Service to advertise, solicit, transmit, store, post, display or otherwise make available obscene or indecent images or other materials; or
- using the Wi-Fi Service for any unlawful, harassing, abusive, criminal or fraudulent purpose.
We reserve the right to terminate your use of the Wi-Fi Service, at any time and for any reason, with or without notice. Upon any such termination, any and all rights granted by Ulta Beauty to you will terminate.
We do not control and are not responsible for third-party data, content, services, or products that you access or download through the Wi-Fi Service. We may, but are not obliged to, block data transmissions to protect us, the Wi-Fi Service network, or the public.
Disclaimer of Warranties
We, our service providers, their employees, affiliates, suppliers or licensors (the "Wi-Fi 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 Wi-Fi Service. The Wi-Fi Parties disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The Wi-Fi Parties disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Wi-Fi Service.
YOU UNDERSTAND AND AGREE THAT (A) THE Wi-Fi SERVICE WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE REGARDING THE COVERAGE, SPEED OR QUALITY OF THE Wi-Fi SERVICE, (C) WE HAVE NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE WiFi SERVICE, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Wi-Fi SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 Wi-Fi 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, computer 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.
You agree to hold harmless and indemnify the Wi-Fi 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 Wi-Fi Service, 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, Ulta Beauty will provide you with written notice of such claim, suit or action.
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.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflict of laws provisions or your actual state or country of residence. You and Ulta Beauty agree to submit to the exclusive jurisdiction of the courts located within Cook County, Illinois to resolve any legal matter arising from these Terms or the Wi-Fi Service. 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 Ulta Beauty’s Terms and Conditions) 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 Ulta Beauty.