Terms & Conditions

Prime Restaurants of Canada Inc.

Prime’s website 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 websites 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, Slainte, Tir nan 0g and Esplanade Bier Markt are trade-marks owned by PRC Trademarks Inc. (“TMCo”), and are licensed to Prime, with sublicensing 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 website not owned by Prime or TMCo may be the trademarks 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

Primes 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 website 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 website constitutes an offer to sell you a franchise of any of Prime’s brands.

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.

Your Use Means Acceptance

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

Website Accepted As Is

To the extent permitted by applicable law, you expressly understand and agree: (a) to accept Prime’s website “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 warrantees that Prime’s website will be provided on an uninterrupted, timely, secure or error-free basis, or that the website 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 website. 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 website.

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 website 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 website 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 website or links, or sending and/or receiving email 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 website 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 websites 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 websites, their content, or of such third parties’ products and services. We have no control or responsibility over websites 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 website you consent to the collection, use and disclosure of personally identifiable information collected from you via Prime’s website 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 website; (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 website.

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 website have been drawn up in English. C’est la volente expresse des parties que la presente convention ainsi que tous les documents legales qui s’y rattachent soient rediges en anglais.

Contact Us

If you have any questions, comments or concerns about Prime’s website, 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 at http://cara.com/east_side_marios/en/ or by regular mail at: Suite 600, 10 Kingsbridge Garden Circle, Mississauga, ON L5R 3K6

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