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Terms and Conditions

YOUR USE OF THE EATMECANADA.COM WEB SITE (THE "WEB SITE"), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.


Purpose of Web Site. This Web Site is a service made available by Eat Me Dining Digest Inc. ("Provider") intended to assist users in making dining selections.


The information in the Web Site has been provided by the restaurants listed and is subject to error. In any case, each restaurant is the final arbiter of discrepancies between information posted on the Web Site and practices at the restaurant.


Restaurants Listings. This Web Site contains a searchable directory (the "Directory") of restaurants and food items. The restaurants provide the information in the Directory. Provider does not warrant the validity of the information, nor does it guarantee the quality of the product of the restaurants. Provider does not review or rate the restaurants or any links to the Web Site. Provider is not responsible for any material or information contained in the linked sites or provided by restaurants.


Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site and Directory solely for internal, personal, non-commercial purposes; and (3) to print out discrete information and search results from the Web Site and Directory solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notices contained therein.


Restrictions and Prohibitions on Use. Your license to access and use the Web Site and Directory are subject to the following restrictions and prohibitions on use. You may not:


(1) copy, print (except for the express limited purpose permitted by paragraph 3, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site, Directory or any information or materials retrieved therefrom;


(2) use the Directory or any other materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;


(3) create compilations or derivative works of the Directory or any other materials from the Web Site;


(4) use the Directory or any other materials from the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties;


(5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site;


(6) make any portion of the Web Site or Directory available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;


(7) remove, disable, defeat or change any functionality or appearance of the Web Site;


(8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture;


(9) use any automatic or manual process to harvest information from the Web Site;


(10) use the Web Site or Directory for the purpose of gathering information for or transmitting


(a) unsolicited commercial email;


(b) email that makes use of Provider's name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and


(c) unsolicited telephone calls or facsimile transmissions;


(11) use the Web Site or Directory in a manner that violates any state, provincial or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and


(12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site.


Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site or Directory for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to restaurants or other third parties. Internet email sent to or through Provider's computer systems or to restaurants or other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider's computer systems is strictly prohibited. Email that is relayed to or through the Provider's computer systems from a third party's mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.


Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk.


Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or restaurants, as applicable.


Electronic Commerce. The content on this Web Site is for personal use only.


No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider. In no event may any person or entity create a directory of restaurants or law firms through this Web Site or with data retrieved from this Web Site.


Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material ("Postings") which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, provincial, federal or international law, any rules of any securities exchange, either intentionally or unintentionally. Provider may delete your Posting or terminate your account at any time for any reason without permission from you. Participants shall not misrepresent their identity or their affiliation with any person or entity.


Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any content or links that allegedly infringe another person's copyright. Provider will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Provider's system or network who are repeat offenders of another's copyrights. Notices to Provider regarding any alleged copyright infringement should be directed to the webmaster.


License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.


Linking to the Web Site. You may provide links only to the homepage of this Web Site, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Web Site, (b) you give Provider notice of such link by sending an e-mail to Webmaster@eatmecanada.com and (c) you discontinue providing links to this Web Site immediately upon request by Provider.


Registration (for restaurants). If you register for use of the Web Site, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by emailing Webmaster@eatmecanada.com. Each registration is for your personal use only, unless specifically designated otherwise on the registration page.


Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.


Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.


DISCLAIMER. THE WEB SITE IS PROVIDED ON AN "AS IS " BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, FOR ANY REASON AND FOR ANY PERIOD (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.


LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LAWYER’S FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00 in Canadian funds.


Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action it deems appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.


Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney's fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.


Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider's Web Sites and their features.


Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, and any action arising out of or relating to these terms shall be filed only in the Victoria registry of the Supreme Court of British Columbia and you hereby consent and submit to the exclusive personal jurisdiction of that court for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.


Privacy. Your use of the Web Site is also subject to Provider's Privacy Policy, which you link to by clicking here.


Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.