Cactus Club Cafe Terms of Use Last revised: July 24, 2017 Your Acceptance of these Terms of Use Please read these terms of use carefully before using this website as they represent a binding agreement between each user of our website (“you”, “your’) and Cactus Restaurants Ltd. (referred to as “Cactus Club Cafe”, “we”, “us”, or “our”). If you wish to access and use the website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website. You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically. These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at: www.cactusclubcafe.com Use of Our Website The website is only intended for access and use by users located within Canada. Cactus Club Cafe grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal use and in compliance with applicable law. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license. Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Cactus Club Cafe is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the website for any reason. All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors. Trademark and Copyright Information The trade-marks on this website belong exclusively to Cactus Club Cafe and /or its affiliates or licensors, and are protected from copying and simulation under national and international trade-mark and copyright laws and treaties throughout the world. Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Cactus Club Cafe. You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Cactus Club Cafe, and agree to abide by any and all copyright notices displayed on our website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website. Your Conduct To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that: is unlawful; includes personal or identifying information about another person without that person’s explicit consent; impersonates any person or entity, including, but not limited to, a Cactus Club Cafe employee, or falsely states or otherwise misrepresents an affiliation with a person or entity; infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; is harmful, threatening, abusive, harassing, defamatory, pornographic; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupts the normal use of our website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our website; or employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our website. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cactus Club Cafe or any other person may incur as a result of your submission of any information on or through this website. Cactus Club Cafe reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these terms of use. Disclaimer of Warranties and Liability THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Cactus Club Cafe does not warrant the accuracy or completeness of the Content. Cactus Club Cafe and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, shall not be liable for any (i) direct damages in excess of CDN$50; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or this website. Cactus Club Cafe may make changes to this Website, or to the products described therein, at any time without notice. Cactus Club Cafe makes no commitment to update the information contained herein. Indemnity You agree to indemnify and hold Cactus Club Cafe and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person. Offers All offers made on our website are void where prohibited, and are subject to posted rules pertaining to such offers. Unsolicited Submissions If you submit ideas, drawings, recipes, suggestions, comments, or similar information to Cactus Club Cafe, whether through our website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your submissions. You agree that the content of your submissions will immediately become the property of Cactus Club Cafe. You also recognize that your submissions may be used or developed by or on behalf of Cactus Club Cafe or its affiliates without any obligation to you. General Matters These terms of use constitute the entire agreement between you and Cactus Club Cafe regarding your use of our website, superseding any prior agreements between you and Cactus Club Cafe. These terms of use and the relationship between you and Cactus Club Cafe shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Cactus Club Cafe agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Cactus Club Cafe to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. JOIN THE CACTUS DISH NEWSLETTER OUR STORY BLOG BC HEALTH & SAFETY MEASURES FEEDBACK SUPPLIERS CONTACT US ACCESSIBILITY POLICY PRIVACY TERMS OF USE © 2021. CACTUS CLUB CAFE. ALL RIGHTS RESERVED.