| Welcome to the website of MR.
GREEK Mediterranean Grill & MR. GREEK Express
divisions of MR. GREEK Restaurants
Inc.
Your use of our website and all content and services available
thereon are offered to you on your acceptance of these Terms of
Use, our Website Privacy Policy and other notices posted on this
website. Your use of this website, or of any content or services
presented in any area of this website, indicates your acknowledgment
and agreement to these Terms of Use, our Privacy
Policy and other notices posted on this website. We
suggest you print a copy of each of these documents for your records.
We shall have the right, at our sole 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 our website. You agree to review these Terms
of Use on each of your visits to the website in order to determine
if they have changed since your last visit. These Terms of Use were
last modified on October 6, 2005.
Disclaimer
Use of our website is provided to you solely for your own personal
use and not for purposes of resale, distribution, public display
or performance or other similar uses by you. Unless otherwise indicated
on our website, you may display, download, reformat and print a
single copy of any information on our website for such personal
use. Access to and the right to use our website may be subject to
local laws and regulations. You agree to comply with all applicable
laws and regulations relevant to your use of our website.
We have made commercial best efforts to obtain the most accurate
and timely information available, including information concerning
pricing, promotions and menu items, all of which is complex and
subject to change. Accordingly, we do not guarantee the accuracy,
reliability or completeness of any of the information contained
on, downloaded or accessed from this website. Please note: some
franchisees may sell at a different price.
The performance of our website and all content or services accessed
from or available thereon are provided to you on an "as is"
basis, at your own risks and without representations, warranties
or conditions of any kind (to the fullest extent permissible under
applicable law), including any implied warranties or conditions,
or warranties or conditions of merchantability, fitness for a particular
purpose or non-infringement of the rights of third parties. We make
no representation or warranty to you, whether expressed or implied,
that our website and any content or services accessed from or available
thereon will be uninterrupted, error free or corrected in the event
of discovery of any errors, free of viruses or other harmful components,
nor for any breach of security or any damage to your computer system
or loss of data that may result from accessing, downloading, or
using any materials from our website.
We reserve the right, at our sole discretion, to modify, disable
access to or discontinue, temporarily or permanently, any part or
all of our website or any content contained thereon, without liability
or notice to you.
As a visitor to our website, you acknowledge and agree that any
reliance by you on any information available on this website shall
be at your own risk. In no event shall we be liable for any direct,
indirect, consequential, special or exemplary damages arising from
the use or the performance of this website, even if we have been
advised of the possibility of such damages.
Confidentiality and Transmissions over
the Internet
The transmission of data or information (including communications
by e-mail) over the Internet or other publicly accessible networks
is not secure, and is subject to possible loss, interception or
alteration while in transit. Accordingly, we do not assume any liability
for any damage you may experience or costs you may incur as a result
of any transmissions over the Internet or other publicly accessible
networks, including the exchange of e-mail with us (including those
which may contain your personal information). While we shall take
commercially reasonable efforts to safeguard the privacy of any
personal information you provide to us and treat such information
in accordance with our Privacy Policy, in no event will the information
you provide to us be deemed to be confidential, create any fiduciary
obligations to you on our part, or result in any liability to you
on our part in the event that such information is inadvertently
released by us or accessed by third parties without our consent.
Indemnification by User
You agree to indemnify, defend and hold us and our affiliates,
business partners, officers, directors, employees and agents harmless
from any loss, liability, claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third party relating in any
way to your use of this 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, which shall not
excuse your indemnity obligations.
Third Party Websites, Content and Products
and Services
Links or pointers to other websites and references to products
and services offered by third parties are provided to you for convenience
only and do not constitute an endorsement or approval by us of the
organizations that operate such websites, the content on such websites,
or of such third party products and services. As we have no control
or responsibility over websites or content maintained by other organizations,
or for products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing, which
use you acknowledge and agree shall be at your own risk.
Proprietary Rights
MR. GREEK Mediterranean Grill & MR. GREEK Express, the MR.
GREEK logo and other identifying marks of MR. GREEK are and shall
remain the trade-marks and trade names and exclusive property of
MR. GREEK Restaurants Inc., and any unauthorized use of these marks
is unlawful. Other trade-marks on this website are the property
of their respective owners and any unauthorized use of those marks
is also unlawful. All content on this website is the copyrighted
property of MR. GREEK and MR. GREEK Restaurants Inc. (or, in certain
cases, other users of this website or third party content providers)
and is protected by international copyright law. Use of any such
copyrighted material, except as expressly authorized, shall constitute
a violation of the rights of the owner of the property.
Information on this website may be used by you only for your personal
use as provided for in these Terms of Use, but 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.
You are permitted to copy electronically and print hard copies of
pages from this website for your own non-commercial and lawful use,
provided that such copies clearly display the copyright and any
other proprietary notices of MR. GREEK. No other copying of this
website, in whole or in part, is permitted without the express written
authorization of MR. GREEK.
General
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.
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. The parties consent to the jurisdiction of the courts of
Ontario sitting in Toronto, Ontario, to hear any claim and deal
with any issue not otherwise resolved by mediation or arbitration
pursuant to these Terms of Use.
It is the express wish of the parties that these Terms of Use, the
Privacy Policy and other notices on this website have been drawn
up in English. C'est la volonté expresse des parties que
la présente convention, l’énoncé de la
politique concernant la vie privée ainsi que tous les documents
légaux qui s'y rattachent soient rédigés en
anglais.
With the exception of a breach by you of intellectual property rights,
in the event of any dispute, the parties shall, at the shared expense
of both parties, use their best efforts to mediate the dispute by
an independent mediator appointed by MR. GREEK, 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. 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. These Terms of Use are binding
upon you, your heirs, executors, beneficiaries, successors and assigns
and you may not assign this Agreement to any other party without
our prior written consent, which consent may be withheld in our
sole discretion. We may assign this Agreement to any affiliate or
successor company of MR. GREEK Restaurants Inc. without notice thereof
to you.
These Terms of Use together with the Website Privacy Policy section
of this website, constitute the entire agreement between MR. GREEK
and you pertaining to the subject matter hereof, and supersede any
and all written and oral agreements previously existing between
us with respect to such subject matter.
Contact
If you have any questions, comments or concerns about our website
or these Terms of Use, please contact our MR. GREEK Web Administrator
by email at feedback@mrgreek.com
or by regular mail at:
MR. GREEK Restaurants Inc.
49 The Donway West, Suite 402
North York, ON M3C 3M9
Attention: Web Administrator.
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