Terms and Conditions — Canada
MOXIE’S RESTAURANTS (US), INC.
Terms and Conditions for Use of this Site
By using the website («Site») www.moxies.com or any other Site owned, operated, licensed, or controlled by Moxie’s Restaurants (US), Inc., or any of its related, affiliated or subsidiary companies or partners, or by its website management agent, (together, «Moxies»), or downloading information (the «Materials») from the Site, you agree and are subject to the following terms and conditions. If you do not agree to these terms, you should not use the Site or download materials from the Site.
Moxies authorizes you to view, copy, print, and download the Materials at this Site provided the Materials are used for lawful, informational and noncommercial purposes only and that you do not delete from the Materials any of their original copyright, trademark and other such proprietary notices. This authorization is not a transfer of title in the Materials or in copies of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for public or commercial purposes. You may not transfer the Materials to any person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time.
Moxie’s®, Moxies and any other mark designed by or licensed to Moxies with ®or with ™ or SM are federally registered or are properly filed with the Canadian Intellectual Property Office, and are trademarks or service marks of Moxies Restaurants, Limited Partnership. Unauthorized use of the registered logos, copyrights, pictures, designs, names or phrases is prohibited by law.
All other trademarks which may appear at or on the Site are the property of the respective trademark owners.
Limitation of Liability
Neither Moxies nor its directors, employees, representatives will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure, nor will such individuals or entities be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Moxies, it’s agents, franchisees or contractors, or an authorized Moxies representative has been advised of the possibility of such damages, or both. In no event shall Moxies total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) be greater than the amount you paid to access the Site.
All remarks, suggestions, ideas, graphics, or other information communicated to Moxies through the Site (together, the “Submission”) will forever be the property of Moxies. Moxies will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Moxies’ operations. Without limitation, Moxies will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Moxies will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Moxies, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Except as described otherwise, all materials in the Moxies Site are made available only to provide information about Moxies. Moxies controls and operates this Site from its headquarters in Canada and makes no representation that these materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws.
The material in this Site could include technical inaccuracies or typographical errors. Moxies may make changes or improvements at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOXIES DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOXIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOXIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, YOU (AND NOT MOXIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
This Site may be linked to other Sites which are not maintained by Moxies or its agents. Moxies is not responsible for the contents of those Sites. The inclusion of any link to such Sites does not imply endorsement by Moxies of those Sites. Any creating by you of any kind of Hyperlink to the Site is not allowed without the permission of Moxies. If you wish to obtain permission to hyperlink, please contact: Moxie’s Restaurants, Limited Partnership, 310-1755 W Broadway, Vancouver, BC V6J 4S5.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. Moxies can revise these Terms and Conditions at any time by updating this posting.