Last revised: July 24, 2017
Use of Our Website
The website is only intended for access and use by users located within Canada.
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 Club Cafe 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.
Trademark and Copyright Information
The trade-marks on this website belong exclusively to Cactus Club Cafe 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.
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. 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 Club Cafe.
You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Cactus Club Cafe, 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.
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 Club Cafe employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- infringes any patent, trade-mark, trade secret, copyright 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;
- 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.
You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Cactus Club Cafe 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
THIS WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Cactus Club Cafe does not warrant the accuracy or completeness of the Content. Cactus Club Cafe and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents, service providers, 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. Cactus Club Cafe may make changes to this Website, or to the products described therein, at any time without notice. Cactus Club Cafe makes no commitment to update the information contained herein.
All offers made on our website are void where prohibited, and are subject to posted rules pertaining to such offers.
If you submit ideas, drawings, recipes, suggestions, comments, or similar information to Cactus Club Cafe, 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.
You agree that the content of your submissions will immediately become the property of Cactus Club Cafe. You also recognize that your submissions may be used or developed by or on behalf of Cactus Club Cafe or its affiliates without any obligation to you.