MENU.CA TERMS OF USE

This website is owned and operated by Local Media Concepts Inc. (herein called “MENU.CA”). Throughout the site, the terms "we," "us" and "our" refer to MENU.CA. MENU.CA offers this Website, www.menu.ca, (herein called “the Website”), including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. The term “you” shall refer to any person or entity who views, uses, accesses, browses, or submits any content or material on the Website. Please read the following Terms of Use carefully before using the Website.

Acceptance and Applicability of These Terms

By viewing, using, accessing, browsing, or submitting any content or material on the Website, you agree to these Terms of Use as a binding legal agreement between you and MENU.CA, without limitation or qualification. If you do not agree to these Terms of Use, then you may not use the Website.

MENU.CA reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Website shall be subject to the then-current Terms of Use. You agree that continued use of the Website now or following modification in the Terms of Use confirms that you have read, understood, accepted, and agreed to be bound by such modifications.

Accuracy, Completeness, and Timeliness of Information on the Website

MENU.CA is not responsible if information made available on the Website site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Website is at your own risk. The Website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

Use of Materials on the Website

All content on the Website (including, without limitation, text, design, graphics, logos, icons, images, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by MENU.CA, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You agree that your use of the Website and services on the Website is subject to all applicable municipal, provincial, and federal laws and regulations. You are not authorized to modify, copy, reproduce, re-edit, upload to a server or elsewhere, send, post, or distribute the contents available on the Website, notably the software and the source code. Any other use of content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to MENU.CA, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. MENU.CA reserves the right to refuse or cancel any person's registration for the Website, remove any person from this site or prohibit any person from using this site for any reason whatsoever. MENU.CA, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in MENU.CA's sole discretion. MENU.CA neither warrants nor represents that your use of materials on the Website will not infringe rights of third parties not affiliated with MENU.CA.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the site in any way. MENU.CA reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which MENU.CA may be entitled at law or in equity.

Conduct on the Website

Some features that may be available on the Website require registration. By registering at and in consideration of your use of the Website you agree to provide true, accurate, current and complete information about yourself. When registering to use MENU.CA’s services, you will be required to be bound by the MENU.CA Service Agreement. The MENU.CA Service Agreement supersedes this agreement and any policies or operating rules posted on the Website.

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify MENU.CA immediately. MENU.CA may assume that any communications MENU.CA receives under your password have been made by you unless MENU.CA receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, MENU.CA. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without MENU.CA's express written consent. Further, you may not utilize any of the Website content in any meta tags or any other "hidden text" techniques or technologies without MENU.CA's express written consent.

Termination and Modifications to this Website

MENU.CA reserves the right, in its sole and absolute discretion to modify, suspend, or discontinue at an time, with or without notice, the Website and/or services offered on or through the Website (or any part thereof), including but not limited to the Websites’ features, look and feel, and functional elements and related services.

Links

This site may contain links to other websites, some of which are operated by MENU.CA or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. MENU.CA is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of MENU.CA, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. MENU.CA reserves all rights not expressly granted in and to the Website and its content. The Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the Canada and other countries.

Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MENU.CA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MENU.CA OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. MENU.CA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MENU.CA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, MENU.CA’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MENU.CA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER MENU.CA NOR ITS PARTNERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MENU.CA IS TO DISCONTINUE YOUR USE OF THE WEBSITE. YOU AND MENU.CA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless MENU.CA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. MENU.CA reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with MENU.CA in the defense of such matter.

Consideration, Jurisdiction and Applicable Law

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Website and receipt or use of data, content, and/or services through the Website. This Website is created and controlled by MENU.CA in Ottawa, Ontario, Canada. The laws of Ontario, Canada govern these Terms of Use and your use of the Website, and you irrevocably consent to the jurisdiction of the courts located in Ottawa, Ontario, Canada for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Website from any jurisdiction in the world, but we have no practical ability to prevent such access. This Website has been designed to comply with the laws of the Province of Ontario and the country of Canada. If any material on the Website, or your use of the Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to Terms of Use

MENU.CA reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this Website constitute the entire agreement and understanding between you and MENU.CA with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have a registered account with us, then the MENU.CA Service Agreement supersedes this agreement and any policies or operating rules posted on the Website.

No Waiver

The failure of MENU.CA to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of ware or terrorists, strikes, fires, floods, or other catastrophes.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Contact Us

If you have any questions or comments about these Terms of Use or the Website, please contact us:

MENU.CA
600 Terry Fox Drive
Suite 109
Kanata, ON
K2L 4B6
Canada

+1-613-864-2126

info@MENU.CA