AGREEMENT
BETWEEN USER AND SCHOOL
Welcome to the SCHOOL (“SCHOOL”) Web Site, currently located at http://www.schooltoronto.com. The SCHOOL
Web Site is comprised of various Web pages operated by SCHOOL. Please read the
following rules and understand that when you use the Site, it means that you
agree to follow the guidelines and conditions outlined in it (the
"Agreement"). From time to time, the terms of the Site may change.
Anytime you use the Site, it means that you accept and will abide by the
Agreement and any changes to the rules.
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PLEASE IMMEDIATELY LOG OFF THIS WEB SITE.
WHAT THIS SITE CONTAINS
The SCHOOL's Web Site contains information about the SCHOOL, including its food offerings, reservations, entertainment, promotions, reviews and comments, customer-provided photographs and party planning or large group events. You can also obtain information about working for SCHOOL! Before you leave our site, be sure to check out our promotions and gift cards. After logging off, head on over to SCHOOL and visit us in person to enjoy the great food and top-drawer service you've been expecting!
YOUR COMMUNICATIONS TO THE SCHOOL
The SCHOOL likes to hear from you. However, you should know that the SCHOOL does
not accept or consider any creative ideas or suggestions related to products or
marketing plans unless it has specifically requested them. Therefore, please do
not send SCHOOL any creative or original materials such as recipes, food
suggestions, or other products. Anything you transmit or post--your
suggestions, know-how, techniques, concepts, ideas, and other submissions (See,
"Submissions”, below) becomes property that SCHOOL, its affiliates and
assigns, is free to use for whatever purpose whatsoever, including but not
limited to publishing, or developing, manufacturing, and marketing products
using such information. Except as governed by our Online Privacy Policy, any
communication or material you transmit to the SCHOOL Web Site by electronic
mail or otherwise, including any data, questions or answers, comments, and
suggestions is, and will be treated as, non-confidential and non-proprietary.
MODIFICATION OF THESE TERMS OF USE
SCHOOL reserves the right to change the terms, conditions, and notices under
which the SCHOOL Web Site is offered, including but not limited to the any charges
associated with the use of the SCHOOL Web Site, goods, promotional certificates
and gift cards/certificates.
LINKS TO THIRD PARTY SITES
The SCHOOL Web Site may contain links to other Web Sites ("Linked
Sites"). The SCHOOL has not reviewed all of the sites that have linked
themselves to The SCHOOL Web Site and is not responsible for the contents of
any off-site pages or any other sites linked to this Site. The Linked Sites
are not under the control of SCHOOL and SCHOOL is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Your linking to any
other off-site pages or other sites is at your own risk. SCHOOL is not
responsible for webcasting or any other form of transmission received from any
Linked Site. SCHOOL is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by SCHOOL of the site or
any association with its operators. If you want to link to The SCHOOL Web site,
you should first contact customerservice@schooltoronto.com before creating that
link. The SCHOOL does not allow the unauthorized use of The SCHOOL logos,
trademarks, or other graphics to create links. Text links are permitted only
upon prior written approval and must be made to the site home page at http://www.schooltoronto.com rather
than to any other specific pages within the site.
PRIVACY POLICY
SCHOOL is strongly committed to protecting the privacy of its customers. We have written a privacy policy to inform you of the specific information that we collect from you, how we use this information, and what options you have in sharing this information with us when you visit our site. PLEASE review our Online Privacy Policy at: http://www.schooltoronto.com/privacy.php
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SCHOOL Web Site, you warrant to SCHOOL that
you will not use the SCHOOL Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the SCHOOL Web
Site in any manner which could damage, disable, overburden, or impair the SCHOOL
Web Site or interfere with any other party's use and enjoyment of the SCHOOL Web
Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the SCHOOL
Web Sites.
USE OF COMMUNICATION SERVICES
The SCHOOL Web Site may contain reservation services, promotional and
informational email services, forums, communities, calendars, and/or other
message or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, "Communication
Services").
You agree to use the Communication Services only to post, send and receive photographs, messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SCHOOL does not control or endorse the content, messages or information found in any Communication Service and, therefore, SCHOOL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SCHOOL spokespersons, and their views do not necessarily reflect those of SCHOOL.
SCHOOL has no obligation to monitor the
Communication Services. However, SCHOOL reserves the right to review materials
posted to a Communication Service and to remove or edit any and all submitted materials
in its sole discretion. SCHOOL reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever. SCHOOL is not responsible for any messages or materials,
including photographs, submitted or posted on bulletin boards, in reviews, or
on other forums by users of the Site.
SCHOOL reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in SCHOOL’s sole discretion.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
SUBMISSIONS
SCHOOL does not claim ownership of the
materials you provide (including photographs, information, suggestions, ideas,
drawings, concepts, feedback and suggestions) or post, upload, input or submit
to any SCHOOL Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting SCHOOL, its affiliated companies
and necessary sub-licensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation,
the irrevocable, transferable and worldwide rights to: use, copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, sublicense,
sell, translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. SCHOOL is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in SCHOOL’s sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
USE OF MATERIALS ON THIS WEB SITE
Unless
otherwise noted, SCHOOL owns or controls the copyrights and trademarks for all
the photographs, illustrations, designs, icons, logos, and written material (the
"Contents") appearing on the SCHOOL Web Site. The Site as a whole is
also protected by copyright and trademark laws. The trademarks, logos, and
service marks (collectively the "Trademarks") displayed on SCHOOL Web
site are registered and unregistered Trademarks of SCHOOL, its affiliates and
others. You may download one copy of the Contents and any downloadable
materials in temporary storage on your computer for PERSONAL USE ONLY. You have
no rights, title, or interest to any materials you download. You may NOT
reproduce, distribute, change, display, re-create, publish, re-post, transmit,
sell or otherwise use the Contents of the Site without the written permission
of SCHOOL. Any unauthorized use of the Trademarks, images, photographs, or
illustrations may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed through this Web site, please notify SCHOOL immediately at the following address: info@schooltoronto.com Attention: Legal Department, which serves as SCHOOL’s Designated Agent.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SCHOOL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SCHOOL AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SCHOOL WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE SCHOOL WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SCHOOL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SCHOOL WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SCHOOL AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCHOOL AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SCHOOL WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE SCHOOL WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SCHOOL WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SCHOOL WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SCHOOL OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME PROVINCES/STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SCHOOL WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SCHOOL WEB SITE.
TERMINATION/ACCESS RESTRICTION
SCHOOL reserves the right, in its sole discretion, to terminate your access to
the SCHOOL Web Site and the related services or any portion thereof at any
time, without notice. Use of the SCHOOL Web Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
NO RELATIONSHIP CREATED
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SCHOOL as a result of this agreement or use of the SCHOOL Web Site.
LEGAL REQUIREMENTS
SCHOOL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SCHOOL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SCHOOL Web Site or information provided to or gathered by SCHOOL with respect to such use.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
REPOSE PROVISION
Any cause of action you may have with respect to the SCHOOL Web Site must be commenced within one year after the claim or cause of action arises, or such claim or cause of action is barred.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SCHOOL with respect to the SCHOOL Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SCHOOL with respect to the SCHOOL Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the SCHOOL Web Site are: Copyright 2009-2011 SCHOOL. All Rights
Reserved, and/or its suppliers and affiliates, All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. Any rights not expressly granted herein
are reserved.
CUSTOMER SERVICE
For assistance with your purchase of any item or service from the SCHOOL Web Site, call us at 416-588-0005 or e-mail us at customerservice@schooltoronto.com.