BOSTON PIZZA ROYALTIES LIMITED PARTNERSHIP AND BOSTON PIZZA INTERNATIONAL INC.
WEBSITE USER AGREEMENT This version in effect since November 2 , 2002.
1. Legal Conditions for Use of Site
By using or downloading information or content from this website (the “Website”), you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree, do not use or download materials from this Website.
This Website is owned and operated by Boston Pizza Royalties Limited Partnership (“the LP”), administrator to the Boston Pizza Royalties Income Fund (the “Fund”) and used under license by Boston Pizza International Inc., a Canadian corporation (on this Website sometimes referred to as "Boston Pizza" or "BPI").
Except where the context otherwise provides, all rights, restrictions and limitations contained in this Agreement which are attributable to or applicable to the LP shall, without any further statements tot hat effect, be attributed to and apply equally to the Fund.
2. Permitted Uses and Access
The Website may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind (collectively, “Submissions”) to or on the Website with the intention that such postings may be viewed by other users of the Website.
If you send Submissions to the LP, Boston Pizza or the Website you automatically grant (or warrant that the owner of the Submissions grants) to the LP and Boston Pizza and their assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of the LP or Boston Pizza or their assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of the LP and Boston Pizza and their assigns.
THE LP AND BOSTON PIZZA DO NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE WEBSITE, MATERIALS, INFORMATION, TEXT, GRAPHICS AND LINKS AND OTHER ITEMS CONTAINED IN THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND FREEDOM FROM ERRORS, VIRUSES, BUGS, UNINTERRUPTED SERVICE, DEFECTS OR HARMFUL COMPONENTS. NEITHER THE LP, BOSTON PIZZA NOR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INFORMATION WITHIN THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE LP AND BOSTON PIZZA RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE MATERIALS AND INFORMATION CONTAINED WITHIN THIS WEBSITE, AT ANY TIME, WITHOUT NOTICE TO YOU.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you.
5. Limitation on Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE LP OR BOSTON PIZZA OR THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, FOR ANY LOST REVENUES OR PROFITS, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR IN CONNECTION WITH YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR REFERRED TO ON THIS WEBSITE, EVEN IF THE LP OR BOSTON PIZZA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Other Sites
For your convenience, this Website may contain links to other Websites operated by other persons (“Other Sites”) that may be of interest to you. Other Sites are independent of the LP and Boston Pizza, and the LP and Boston Pizza have no responsibility or liability for or control over Other Sites, their business, goods, services or content. The LP and Boston Pizza are not responsible for the content of any Other Sites or any link contained in the Other Sites. The LP and Boston Pizza reserve the right to terminate any link or linking program at any time. The inclusion of any link to the Other Sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by the LP or Boston Pizza of the Other Sites, or any products or services provided by such Other Sites. If you decide to access any of the Other Sites you do so entirely at your own risk, and you will not make any claim against the LP or Boston Pizza, or their directors, officers or selected entities, jointly or severally, arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of the Other Sites.
7. No Linking, Framing, Mirroring, Scraping, and Data-Mining
Links to the Website without the express written permission of the LP or Boston Pizza are strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.
8. Personal Information Privacy
9. Copyright and Restrictions on Use
Copyright © 2002, Boston Pizza Royalties Limited Partnership. All rights reserved.
This Website including all of its content (including all text, data, graphics, video, audio, images, icons, software, designs, applications and other elements available on or through the Website) as well as its layout, organization and design are copyrighted and are protected by Canadian and worldwide copyright trade-mark and other laws and treaty provisions. Material and content from this Website ("Materials") may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of the LP or Boston Pizza (except you may download one copy of the Materials for your personal, non-commercial, internal use). Modification or use of Materials for any other purpose is or will be a violation copyright, trade-mark, and other laws. Except as otherwise described, all Materials on this Website are made available only to provide information. No right, title or interest of any kind whatsoever will be or is transferred to you by your use or download of Materials from this Website and shall remain with the LP who owns full and complete right, title and interest in, to and associated with the Website and all Materials on the Website. The LP and Boston Pizza make no representations that the Website or Materials are or will be appropriate, accessible, or available for your use. You are responsible for compliance with all applicable local laws with respect to your use of the Website and Materials.
10. Trade-mark Notices
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trade-mark or other intellectual property right of the LP, Boston Pizza, or any other party. The Boston Pizza name and logos displayed throughout this Website and all related products and service names are the trade-marks, service marks or registered trade-marks of the LP and are licensed by Boston Pizza. Any reproduction of any of these marks, names or logos without the express written consent of the LP is strictly prohibited. All other trade-marks are the property of their respective trade-mark owners.
11. No Transactions or Advice
The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed, any kind of advice, or an offer to sell or buy any product or service.
None of the communications made through this Website should be construed as an offer to sell any Boston Pizza franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Boston Pizza franchises will be sold to any resident of any such jurisdiction until the offering of such franchises has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required Uniform Franchise Offering Circular (in the case of residents of the U.S.A.) or other Disclosure Statement (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Boston Pizza franchises in your jurisdiction, please contact Lisa McFadden at firstname.lastname@example.org.
This Website, inclusive of all communications made through this website, should not be construed as a solicitation or as an invitation to purchase and/or sell units of the Fund. You should consult your investment advisor prior to making any investment decisions.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
15. Termination of this Agreement and the Website
16. Governing Law and Venue
The Website is controlled by the LP and Boston Pizza from Vancouver, British Columbia, Canada. This Agreement will be governed and construed pursuant to the laws of the Province of British Columbia, Canada, and the laws of Canada applicable therein notwithstanding any principles of conflict of laws or choice of law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Province of British Columbia, Canada, for any litigation arising out of or relating to the use of this Website, waive any objection to the venue of any such litigation in the British Columbia courts and agree not to plead or claim in any British Columbia court that such litigation brought therein has been brought in an inconvenient forum. Proceedings regarding any disputes with respect to this Agreement and the Website must be commenced in a court of competent jurisdiction in the City of Vancouver, British Columbia, Canada within six (6) months after such a dispute arose, after which time any and all proceedings regarding such disputes are barred.
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and the LP and Boston Pizza relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and the LP or Boston Pizza with respect to your use of the Website. The LP or Boston Pizza may, in their absolute discretion, revise this Agreement at any time, without any prior notice or liability to you or any other person, by posting an amended Agreement on the Website.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
This Agreement enures to the benefit of and is binding upon each of the LP and Boston and their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the LP and Boston Pizza, which may be withheld in the LP’s or Boston Pizza’s absolute discretion. The LP and Boston Pizza may assign this Agreement and their respective rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.