DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. *DINE.TO MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL *DINE.TO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF *DINE.TO KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL *DINE.TO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF *DINE.TO HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL *DINE.TO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF *DINE.TO OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
*DINE.TO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEB SITE OR ANY ADVERTISER OR SPONSOR OF THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL *DINE.TO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE *DINE.TO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE.
The information contained on the Web site is for informational purposes only, and you should not rely upon the information to provide any advice.
You agree to indemnify, defend and hold harmless *DINE.TO, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys' fees) related to (i) your violation of this agreement, and (ii) your submission of material to this site.
The Web site may allow you to purchase many different types of products and services online that are provided by *DINE.TO (the Wares and Services). When ordering Wares and Services on the Web site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your submission of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon shipment of the Wares and Services. *DINE.TO, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. *DINE.TO, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the Wares and Services is subject to change without notice and that the Wares and Services are subject to availability. The sale of the Wares and Services is void where prohibited by law. *DINE.TO, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that the Wares and Services are listed at an incorrect price, due to a typographical error or an error in pricing information, *DINE.TO, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The Web site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). *DINE.TO is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Web site or linked from the Web site, the information obtained during your visit to any third-party web site and the information that you give, such as your credit card number and contact information, is collected by the third-party web site and not by *DINE.TO.
You release *DINE.TO and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of the Wares and Services or Third-Party Merchandise made available on the Web site or by third-party web sites through the Web site.
Changes to Site
*DINE.TO, its suppliers and partners may make improvements or changes in the information, services, products, and other materials on this site, or terminate this site, at any time without notice. *DINE.TO may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this site shall be deemed your acceptance of the modified agreement.
Unsolicited Commercial E-mails / Spamming
This website is intended for the end users of *DINE.TO. Spamming, defined as sending unsolicited commercial e-mails to any of the affiliates, members, clients or any other entity whatsoever with their email address listed on this website (hereinafter “Members”) is strictly prohibited Contacting Members for commercial purposes other than the purchase of product or services is strictly prohibited. Such Spamming and or contact damages the goodwill of *DINE.TO. Failure to comply with this policy will result in legal action by *DINE.TO.
Reader Reviews Policy
Dine.TO editors check and approve ALL reader reviews. Reviews with offensive or inflammatory language are immediately deleted. We do not post anonymous reviews or reviews with obvious pseudonyms. Reviews by restaurant owners, publicists and the like are prohibited. Editors reserve the right to suppress a review if it reads like a sales pitch from a restaurant owner, publicist and the like. Editors also reserve the right to remove any and all postings at their discretion. Negative reviews can be suppressed if overly critical without details to support why. The same applies for reviews that single out specific employees for criticism. Editors reserve the right to edit grammatical, spelling and factual errors in reader reviews or to omit a review if it's so riddled with such errors as to be undecipherable. Reviews written in ALL CAPS will also not be accepted. Any complaints about a review are handled on a case-by-case basis. If a restaurant owner wants a negative review removed, that restaurant's negative review will be removed. Unless a restaurant owner notifies us, reviews stay on the site as long as the venue is in business. If a venue comes under new ownership, the owner may request old reviews be removed (this will apply to all reviews, both positive and negative). If you are concerned about health code violations at a restaurant, do NOT post your complaint on Dine.TO. Instead, please contact the Toronto Public Health Food Premises Inspection and Disclosure system at 416-338-FOOD (3663) between 8:30am and 4:30pm to file a complaint. Readers may post comments on apparent cleanliness issues at restaurant, but specific complaints -- bug infestation, poor worker hygiene, etc. -- should be reported to the Toronto Public Health Food Premises Inspection and Disclosure system.
This agreement and the resolution of any dispute related to this agreement or the site shall be governed by and construed in accordance with the laws of Canada, without giving effect to any principles of conflicts of law. *DINE.TO’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between *DINE.TO and you related to this agreement shall be brought exclusively in a court of competent jurisdiction venued in Canada. *DINE.TO reserves any and all rights not expressly stated herein