Terms of Use

Last revised: August 28, 2025

Your Acceptance of these Terms of Use

Please read these Terms of Use (“Terms of Use”) carefully before using this Website as they represent a binding agreement between each user of our Website (“you”, “your’), Cactus Restaurants Ltd., and Cactus Restaurants USA Inc. (collectively referred to as “Cactus Restaurants”, the “Company”, “we”, “us”, or “our”), setting forth the terms and conditions under which you are authorized to use our Website, including any website where these Terms of Use are posted, and any subdomains and mobile versions thereof (collectively, the “Website”).

If you wish to access and use the Website, you must accept and agree to be bound by and comply with these Terms of Use. If you do not agree to these Terms of Use, then you must not access or use our Website.

You agree that these Terms of Use, and any related information, communications and agreements between you and us, may be made available or occur electronically.

ARBITRATION AND CLASS WAIVER NOTICE (U.S. ONLY)

IF YOU ARE A USER OF THE WEBSITE LOCATED IN THE U.S., PLEASE NOTE THAT THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAVIER (SEE SECTION 20 – DISPUTE RESOLUTION, ARBITRATION, CLASS WAIVER BELOW). THROUGH YOUR AGREEMENT TO THESE TERMS OF USE: (I) YOU AND CACTUS RESTAURANTS AGREE TO RESOLVE THROUGH BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OF USE, THE SERVICES, INFORMATION, OR ANY OTHER SERVICES OR PRODUCTS PROVIDED, SOLD, PURCHASED, MANAGED, OPERATED, OR FULFILLED BY CACTUS RESTAURANTS; AND (II) YOU AND CACTUS RESTAURANTS EACH EXPRESSLY WAIVE ANY RIGHTS TO ENFORCE THESE TERMS OF USE IN COURT OR AS A CLASS, SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW.

These Terms of Use also include a disclaimer of warranties, a disclaimer of liability, and a release and indemnification by you. Please review those sections (and all other terms) carefully.

Updates, Modifications, and Interruptions

These Terms of Use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these Terms of Use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these Terms of Use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these Terms of Use at: www.cactusclubcafe.com.

Cactus Restaurants also reserve the right to make changes to or discontinue this Website, or the products described therein, at any time without notice. Cactus Restaurants makes no commitment to update the information contained herein. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Website, or that operation of our Website will be uninterrupted or error free. You understand that usage of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Your Representations

As a condition of your right to use our Website, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Website under the laws of Canada, the United States, or any other country. In the U.S., you represent that you are 13 years of age or older. The Website is not targeted toward, nor intended for use by, anyone under the age of 13. If you are age 13 through 17, you may access the Website only with the permission and under the supervision of a parent or legal guardian who has read these Terms of Use with you and agrees to be bound by them directly and on your behalf.

Use of Our Website

The Website is only intended for access and use by users located within Canada and the United States.

Cactus Restaurants grants you (as a permitted user) a limited, revocable, non-exclusive license to access our Website for your own personal use and in compliance with applicable law. Use of our Website beyond the scope of authorized access granted to you by these Terms of Use immediately terminates that license.

Access and use of our Website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Cactus Restaurants is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of the Website for any reason.

All rights not expressly granted by these Terms of Use are reserved to us, or, if applicable, our licensors.

Third-party Services and Content

Our Website is intended primarily for informational purposes. We provide information about our restaurants, our Website, our company, our partners and sponsors, and we may provide links for you to place an order or make a reservation through third party services. Your use of these features and other content or services provided by third parties—including third-party links to other websites on the Internet—are not governed by these Terms of Use. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You further acknowledge that any reliance on representations and warranties provided by any party other than the Company will be at your own risk. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. Your use of those third-party websites and services is subject to the Terms of Use and privacy policies posted on each site or service, and we encourage you to review those Terms of Use and privacy policies.

Trademark and Copyright Information

The trade-marks on this Website belong exclusively to Cactus Restaurants and /or its affiliates or licensors, and are protected from copying and simulation under national and international trade-mark and copyright laws and treaties throughout the world. Such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.

Our Website contains content, features, and functionality, including, but not limited to, all information, software, code, data text, text, audio, images, graphics, interfaces, design, layout other materials or elements, and arrangements thereof (collectively the “Content”). Content displayed on or through our Website are owned by the Company, with all rights reserved, or in some cases may be licensed by the Company by third parties. This Content is protected by intellectual property rights of the Company or those owners as a collective work and/or compilation, pursuant to intellectual property laws, and international conventions. For U.S. users, all Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered, except as otherwise specified herein. Any reproduction, modification, creation of derivative works from or redistribution of our Website or the collective work, and/or copying or reproducing our Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Cactus Restaurants.

You further agree not to reproduce, duplicate or copy Content from our Website without the express written consent of Cactus Restaurants, and agree to abide by any and all copyright notices displayed on our Website.

You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Website.

Permitted Use of the Content

Any use of Content on the Website, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of an authorized officer of the Company. You may use the Content solely for your personal, non-commercial use, except as described herein. Your computer and browser may temporarily store or cache copies of materials being accessed and viewed and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not make any use of Content owned by any third parties which is available on the Website, without the express consent of those third parties.

You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Links to the Website

You are hereby licensed to create hyperlinks to Content on the Website, provided that the hyperlink accurately describes the Content to which it links, and you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement where none exists. If you include links to our Website on your website, when the link is clicked, the applicable page within our Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the applicable Website, and without any interstitial pop-ups or web pages loading before the applicable target page is accessed. The page on which such links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by the Company. Under no circumstances may you “frame” all or any portion of the Website or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. We reserve the right to revoke these licenses generally, or your right to use specific links or feeds, at any time, with or without cause.

Content Complaints

If you believe that any Content on our Website violates these Terms of Use or is otherwise inappropriate, please report the content by sending us an email to legal@cactusclubcafe.com or contacting us by mail at:

Cactus Restaurants Ltd.
201-550 West Broadway
Vancouver, BC V5Z 1E9

Your Conduct

To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:

is unlawful;
includes personal or identifying information about another person without that person’s explicit consent;
impersonates any person or entity, including, but not limited to, a Cactus Restaurants employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
infringes any patent, trade-mark, trade secret, copyright, right of publicity or privacy, or other proprietary rights of any person, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
is harmful, threatening, abusive, harassing, defamatory, pornographic;
is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by the Company in its sole discretion;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
constitutes or contains any form of advertising or solicitation, or that includes links to commercial services or websites;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupts the normal use of our Website with an excessive amount of content, or that otherwise negatively affects other users’ ability to use our Website; or
employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through our Website.

Cactus Restaurants reserves the right to refuse to post or to remove any content, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms of Use.

Furthermore, you may not engage in any of the following with regard to the Website (including without limitation posting or transmitting content through the Website), and you agree not to use the Website to:

violate or encourage the violation of any local, state, provincial, national, or international law or regulation;
collect or store personal data about other users of our Website or solicit personal information from any individual;
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
disrupt or interfere with the security or use of the Website or any websites or content linked to them;
interfere with or damage the Website, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Website;
attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company or create or use a false identity;
attempt to obtain unauthorized access to the Website or portions thereof that are restricted from general access;
use any meta tags or any other “hidden text” utilizing the Company name, trademarks, or product names;
attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Website;
engage in any activity that interferes with any third party’s ability to use or enjoy the Website;
assist any third party in engaging in any activity prohibited by these Terms of Use;
reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any the Company content or any use of or access to the Website;
use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, large language models, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon; or
deep link to the Website for any purpose; or frame the Website, place pop-up windows over any content, or otherwise affect the display of the Website.

The Company has no obligation, nor any responsibility to any party to monitor the Website or its use, and does not and cannot undertake to review material that you or other users submit to the Website. The Company cannot ensure prompt removal of objectionable material after it has been posted and it has no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cactus Restaurants or any other person may incur as a result of your submission of any information on or through this Website.

Disclaimer of Warranties and Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR WEBSITE OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT AND ARE NOT RESPONSIBLE FOR SUITABILITY OR SECURITY OF THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN SUCH CASE SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WAIVER OF RIGHTS (CALIFORNIA ONLY):

YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THESE TERMS AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THESE TERMS. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN THE COMPANY SHALL NOT BE LIABLE FOR ANY (I) DIRECT DAMAGES IN EXCESS OF CDN$50; OR (II) SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF THE CONTENT OR THIS WEBSITE. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold Cactus Restaurants and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of your posting of any content on our Website, or other use of our Website in a manner not permitted by these Terms of Use, including without limitation, your actual or alleged violation of these Terms of Use, your breach of any of the representations and warranties herein, infringement of a third party’s intellectual property or other rights by you or another user of our Website using your computer, mobile device or account, or your violation of any rights of another person.

Offers

All offers made on our Website are void where prohibited, and are subject to posted rules pertaining to such offers.

User-Submitted Content

Any content uploaded, posted, submitted, or otherwise made available by individual users of the Website, including without limitation blog comments, message board posts, and any other content which does not originate with the Company (“User Content”), is the sole responsibility of the person who made such User Content available on the Website. Under no circumstances will the Company be liable in any way for any User Content made available through this Website by you or any third party. You represent and warrant that all User Content comply with applicable laws and regulations and the Terms of Use.

Since the Company does not control the User Content posted on the Website, it does not guarantee the truthfulness, integrity, suitability, or quality of that User Content, and it does not endorse such User Content. You also agree and understand that by accessing the Website, you may encounter content that you may consider to be objectionable. The Company has no responsibility for any User Content, including without limitation any errors or omissions therein. The Company Parties are not liable for any loss or damage of any kind incurred as a result of any User Content on the Website.

User Content is owned by the author thereof, and the Company does not claim ownership of original works created and posted by individual visitors to this Website. However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Website, you are granting the Company, and its parent, subsidiaries, affiliates, and other related entities an irrevocable, nonexclusive, perpetual, royalty-free, transferrable, sublicensable, worldwide license to copy, reproduce, modify, publish, display, distribute publicly, perform, exploit, and prepare derivative works of such User Content (including your name, image, likeness, or information you have made publicly available in connection therewith) in any manner, media or format now existing or hereafter devised, without any obligation of notice, attribution or compensation to you.

The Company reserves the right (but has no obligation) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Website. You agree that the exercise by the Company of such discretion shall not convert or transform User Content to content owned or provided by the Company, and the user who made such User Content available on the Website will retain ownership thereof as described below

We permit minors to request the deletion of any content or information that the minor has posted on our Website. To request the removal of content or information you have posted on our Website, please send a letter or email to the address above with (i) your name, (ii) a complete description of the content you would like removed, and (iii) the web address(es) of the content you would like removed. Please be aware that our fulfillment of this request does not ensure complete or comprehensive removal of the content or information you have posted on our Website.

Unsolicited Submissions

If you submit ideas, drawings, recipes, suggestions, comments, or similar information (“Submissions”) to Cactus Restaurants, whether through our Website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your Submissions. All Submissions will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the Company reserves the right to treat any such Submissions as the confidential information of the Company.

By submitting Submissions to the Company, you assign to the Company Parties, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Submissions. The Company Parties will be entitled to use any Submissions you submit, and any ideas, concepts, know-how or techniques contained in any such Submissions, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Submissions without restriction and without compensating you in any way. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content. You are responsible for the information and other content contained in any Submissions you submit to us, including, without limitation, its truthfulness and accuracy.

Dispute Resolution, Arbitration, Class Waiver

This Section applies only to U.S. users:

Any dispute arising out of or relating in any way to your use of our Website or any products, services, or information you receive through our Website, shall be submitted to confidential, binding arbitration in the city of Dover, Delaware, USA, or, at your election, in the county seat of the county within the USA where you reside. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing arbitration requirement, with regard to the validity or enforcement of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts located in the city of Dover, Delaware, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NO ARBITRATION UNDER THESE TERMS OF USE MAY BE JOINED WITH ANOTHER ARBITRATION RELATED TO THE SUBJECT MATTER OF THE DISPUTE OR ANY OTHER CLAIMS UNDER THESE TERMS OF USE. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

The following processes shall govern the arbitration process:

Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending an email to legal@cactusclubcafe.com so stating.
Within seven (7) business days of receiving the email, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way.
If, following these attempts at exploring a resolution, you intend to proceed with an arbitration claim, you and we will seek to reach an agreement on the selection of an arbitrator to hear and decide the dispute and how it will be heard, including whether to submit the dispute to the arbitrator only in written form, by proceedings conducted via video or in-person.
In the event that you and we cannot agree on an arbitrator, the process set forth in Section 11(a) of the Uniform Arbitration Act, or any comparable provision in your state will be followed.

Governing Law

This Section applies only to non-U.S. users:
These Terms of Use and the relationship between you and Cactus Restaurants shall be governed by the laws of the Province of British Columbia (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Cactus Restaurants agree to submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia in the City of Vancouver, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use our Website in any way that violates applicable state, provincial, federal, or international laws, regulations or other government requirements.

General Matters

The failure of Cactus Restaurants to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that these Terms of Use and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Website.

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding our Website, constitutes the entire agreement between you and the Company regarding your use of the Website, and that any other prior agreements between you and the Company are superseded by these Terms of Use.

These Terms of Use constitute the entire agreement between you and Cactus Restaurants regarding your use of our Website, superseding any prior agreements between you and Cactus Restaurants.