Prime Restaurants of Canada Inc.

Prime’s web site is owned and operated by Prime Restaurants of Canada Inc. (herein called “Prime”, “we”, “our” and “us”).  These Terms of Use apply to our website, and any web sites of our affiliates or franchisees.  

Brand Trade-Marks

East Side Mario's, Casey’s, Pat & Mario’s, Fionn MacCool’s, D’Arcy McGee’s, Paddy Flaherty’s, Sláinte, Tir nan Óg and Esplanade Bier Markt are trade-marks owned by PRC Trademarks Inc. (“TMCo”), and are licenced to Prime, with sublicencing rights to Prime’s franchisees.  Prime Restaurants is a trade-mark owned by Prime.  All other product, brand and company names and logos appearing on Prime’s web site not owned by Prime or TMCo may be the trade-marks of their respective owners.  Any use or reproduction of any trade-marks appearing on Prime’s web site without the express written consent of the trade-mark owner is strictly prohibited.

Use

Prime’s web site is provided to you solely for your own personal use, and not for commercial or other non-personal uses.  Information on Prime’s web site may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

No communication through Prime’s web site constitutes an offer to sell you a franchise of any of Prime’s brands.

Your Use Means Acceptance

In consideration for your use of Prime’s web site, or of any content or services presented in any area of Prime’s web site, you acknowledge and agree to these Terms of Use, and other notices posted on Prime’s web site.

Web Site Accepted As Is

To the extent permitted by applicable law, you expressly understand and agree: (A) to accept Prime’s web site “as is”, without any representation, warranty, guarantee, endorsement or assurance of any kind, whether express or implied, including any warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of the rights of third parties, accuracy, suitability, reliability, freedom from infections or viruses, or completeness; and (b) that Prime makes no warantees that Prime’s web site will be provided on an uninterrupted, timely, secure or error-free basis, or that the web site will meet your requirements or expectations.

Right to Modify

We shall have the right, in our sole and absolute discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you.  Any changes to these Terms of Use shall be effective and binding on you immediately following the posting of such changes on Prime’s web site. You agree to review these Terms of Use from time to time. If you do not agree to any such modifications of the Terms of Use, your sole remedy is to immediately stop using Prime’s web site. 

We reserve the right, at our sole and absolute discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of Prime’s web site or any content contained thereon or links therein, without liability or notice to you.

Waiver of Liability

In no event shall Prime, its affiliates, franchisees, business partners, and suppliers, and their respective officers, directors, employees and partners (the “Prime Releasees”) be liable for any direct, indirect, consequential, special or exemplary damages, lost revenues or profits, or any other damages whatsoever arising from or in connection with the use or inability to use, or the performance of, Prime’s web site or any of its contents or links, even if we have been previously advised of the possibility of such damages.

Internet Transmissions not Secure

You acknowledge and agree that the transmission of data and other communication over the internet is not secure, and that your transmission may be lost, intercepted, altered or redirected while in transit.  You agree that the Prime Releasees are not responsible for these or any other problems (including any resulting losses) you experience from using Prime’s web site or links, or sending and/or receiving e-mail with us.

You Indemnify Prime

You agree to indemnify, defend and hold harmless the Prime Releasees from and against any loss, liability, claim, demand, damage, or expense (including legal fees on a full indemnity basis) asserted by any third party relating in any way to your use of Prime’s web site or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at our own expense.

Links

Links or pointers to other web sites and references to products and services offered by third parties are provided to you for your convenience only, and do not constitute our endorsement or approval of the organizations that operate such web sites, their content, or of such third parties’ products and services. We have no control or responsibility over web sites or content maintained by other organizations, or for products and services offered by third parties; therefore, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be exclusively at your own risk.

Privacy Policy

You understand that through your use of Prime’s web site you consent to the collection, use and disclosure of personally identifiable information collected from you via Prime’s web site in accordance with Prime’s Privacy Policy. Please review the Privacy Policy at http://www.primerestaurants.com/about_privacy.asp. 

Miscellaneous

These Terms of Use shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. You hereby: (i) consent to the exclusive jurisdiction of the courts of, and venue and situs in, Toronto, Ontario for any litigation arising out of or relating to your use of Prime’s web site, (ii) waive any objection to the venue of any such litigation in the Ontario courts, and (iii) agree not to plead or claim in any litigation brought in Toronto, Ontario has been brought in an inconvenient forum.

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

This is the entire agreement between you and Prime relating to your use of Prime’s web site.

These Terms of Use are binding upon you, your heirs, executors, personal representatives, beneficiaries, successors and assigns.  You may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. We may assign this Agreement to any affiliate or successor company of Prime without notice thereof to you.

It is the express wish of the parties that these Terms of Use, the Privacy Policy and other notices on Prime’s web site have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents légales qui s'y rattachent soient rédigés en anglais.

Contact Us

If you have any questions, comments or concerns about Prime’s web site, these Terms of Use or Prime’s Privacy Policy, or require a copy of these Terms of Use, please visit us at www.primerestaurants.com, or contact us by email at esmfeedback@primerestaurants.com or by regular mail at: Suite 600, 10 Kingsbridge Garden Circle, Mississauga, Ontario L5R 3K6

® PRC Trademarks Inc.  © 2006 Prime Restaurants of Canada Inc.