Applebee's Canada Corp.
Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services or the Web site;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any content that is available on our Web site;
- Establish general practices and limits concerning use of our Web site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our affiliates, our business partners, or franchisees of our affiliates ("our Franchisees"), and that these communications are considered part of the Services. You also understand that our Services may include advertisements.
Content on our Web site
Our Web site includes a combination of content that we create and that our Franchisees, affiliates or business partners create. All materials published on our Web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the intellectual property of Applebee's or our Franchisees, affiliates or business partners and are protected by Canadian and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Web site in whole or in part, other than as necessary for your own personal non-commercial use, without our prior written consent.
Trademarks and logos
The trademarks, service marks and logos displayed on this Web site (collectively, the "Marks") are the registered and unregistered marks of Applebee's and our affiliates in Canada and other countries and are protected by Canadian and international trademark laws. The display of the Marks on this Web site does not convey or create any license or other rights in the Marks. The use of the Marks is prohibited without our prior written consent and the owners and licensees thereof will strictly exercise and enforce their rights to the Marks to the full extent of the law.
Your conduct on our Web site
Any information that you choose to provide us must be true, accurate, current and complete. You agree not to copy or imitate the appearance, design or style of our Web site. The technology and the software underlying our Web site and the Services are the property of Applebee's, our Franchisees, the affiliates of Applebee's and our Franchisees, and/or our business partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Web site or the Services. You agree not to modify the software underlying our Web site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Web site.
You agree that you will not use our Web site or its content to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Applebee's or any other person or entity;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Web site, software or hardware, third-party Web sites or telecommunications equipment;
- Restrict or inhibit any other user from using and enjoying any public area within our Web site;
- Collect or store personal information about other end users;
- Interfere with or disrupt our Web site, servers, or networks;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Transmit information that infringes any trademark, patent, copyright or other intellectual property right of Applebee's or any third party; or Engage in any illegal activities.
Use of our Web site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Web site.
You hereby agree to indemnify, defend and hold Applebee's, our Franchisees, the affiliates of Applebee's and our Franchisees, and all of the officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors of Applebee's, our Franchisees and the affiliates of Applebee's and our Franchisees (collectively, Applebee's Parties) harmless from and against any and all liability, losses, costs, and expenses, including reasonable legal fees, incurred by any Applebee's Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of:
- Your use or misuse of our Web site or any information you obtained from our Web site;
- Your connection to our Web site;
- Your violation of these Terms; or
- Your violation of the rights of Applebee's or any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Unless you have greater rights relating to such specific matter in a separate signed agreement with us, we disclaim any responsibility for, or liability resulting from or relating in any manner to, any service outages that are caused by our maintenance on the servers or the technology that underlies our Web site, failures of our service providers (including, without limitation, telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEB SITE. OUR WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY FEDERAL OR PROVINCIAL LAW DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE EXTENT SPECIFIED ABOVE, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INFORMATION PUBLISHED ON THIS WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.
Where not otherwise prohibited by law, with the exception of a breach by you of intellectual property rights, in the event of any dispute arising our of or relating to these Terms or our Web site, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Applebee's, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario and the federal law applicable therein. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web site or these Terms must be filed within one year after such claim or cause of action arose or be forever barred.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.