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Menu Manitoba Terms of Use

Welcome to Menu Manitoba. Any person who wishes to access this website to use the services provided on this website must accept the terms and conditions of this User Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE. BY REGISTERING FOR AND/OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HERE WITHIN.

Menu Manitoba reserves the right to change, at any time, any of the terms and conditions contained within this agreement and/or any of the policies or guidelines governing this website or the services provided. Any/all changes will be effective immediately upon the posting of revisions on the website. You, the user, are responsible for reviewing this agreement and any applicable changes to such. Changes to policies and guidelines may be posted without notice.

YOUR CONTINUED USE OF THIS WEBSITE AND THE SERVICES OFFERED BY MENU MANITOBA AFTER THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OFFERED BY THIS WEBSITE.

Eligibility.
The submission of restaurant menus and/or any paid service offered by this website is limited to parties that can lawfully enter into and form contracts under applicable law. Without limitation, minors may not contract for the use of this website or the services offered. All persons who submit to this website or contract for the paid services offered, hereby represents to Menu Manitoba that he/she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law. To purchase goods or services, you must provide your real name, address, phone number and e-mail address.

Menu Manitoba is acting as an informational service between recipient and potential clientele and assumes no responsibility for the quality or integrity of any/all items or services which are bought or sold through the Menu Manitoba website.

Menu Manitoba assumes no responsibility for removal of restaurant, caterer or bakery listings until such time as proper notification from the controlling owner(s) and/or management has been received and verified, that said restaurant(s), caterer(s) or bakery(s) has/have closed, ceased operations or relocated either temporarily or permanently. It is the sole responsibility of all who use this website to determine if  restaurant(s), caterer(s) or bakery(s) have closed, ceased operations or relocated either temporarily or permanently.

Email sales@menumanitoba.com for rates.

It is accepted that the recipient and potential clientele have the 'sole responsibility' of confirming the integrity and condition of any/all items or services which are offered for sale/purchase on Menu Manitoba website, including any/all payment methods or agreements.
The general rule accepted buy both recipient and potential clientele regarding the purchase or sale of items or services which are offered for sale within Menu Manitoba website is 'Buyer/Seller Beware'.

IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH/ALL OF YOU AGREES TO RELEASE MENU MANITOBA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
MENU MANITOBA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY VEHICLES, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THE THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. CUSTOMERíS USE OF AND RELIANCE THEREON ARE AT CUSTOMERíS OWN AND SOLE RISK. MENU MANITOBA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;

THE INFORMATION, CONTENT, MATERIALS, SERVICES OR VEHICLES INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;

ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MENU MANITOBA.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MENU MANITOBA DISCLAIMS ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN WHICH YOU OBTAIN FROM MENU MANITOBA OR THROUGH THE USE OF SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Privacy, Monitoring and Disclosure.
Menu Manitoba is committed to protecting your privacy.
Click Here
for our general Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. Menu Manitoba may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the website or disclosed to you by Menu Manitoba except to enter into and complete transactions. You agree not to use any such information for purposes of solicitation, advertising, unsolicited spamming, harassment, invasion of privacy, otherwise objectionable conduct or otherwise inconsistent with our privacy policy.

Investigation.
As permitted by applicable law and consistent with our privacy policy, Menu Manitoba has the right but not the obligation, to monitor any activity and content associated with this website. Menu Manitoba may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access and/or removal of any materials on the website, including vehicles. Menu Manitoba reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.

Disclosure of Information.
As permitted by applicable law, Menu Manitoba also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect Menu Manitoba systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of Menu Manitoba business and systems or other purposes deemed reasonable by Menu Manitoba. Menu Manitoba may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content.

Compliance with Laws;
Fraud.

The website and services only may be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the website and services, including in regard to listing, purchasing and selling items. You may not register under a false name or use an invalid or unauthorized credit card or other means of payment. You may not make purchases under a false name, impersonate any participant, or use another participantís password(s) (if applicable). Such fraudulent conduct is a violation of federal and provincial/state laws. Fraudulent conduct may be reported to law enforcement, and Menu Manitoba will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Breach.
Without limiting other remedies, Menu Manitoba may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your agreement and refuse to provide its services to you: (a) if you breach this Agreement or the documents it incorporates by reference;
(b) if Menu Manitoba or any purchaser, vendor or seller is unable to verify or authenticate any information you provide to Menu Manitoba; or
(c) if Menu Manitoba believes that your actions may cause legal liability for you, other Menu Manitoba users or Menu Manitoba.

Transactions and Obligations.
Submitters create different obligations by accessing Menu Manitoba and using the services offered. By listing an item, you represent and warrant to prospective buyers that you have the right and ability to sell, and that the listing is accurate, current and complete and is not misleading or otherwise deceptive.

By entering into this agreement and posting a listing, you agree to complete the transaction as described by this agreement. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

The fee/payment paid to Menu Manitoba is considered to be non-refundable in such cases of dispute.

Submitters(s) agree to and must pay Menu Manitoba at the time of sale agreement with CASH, CERTIFIED CHECK, MONEY ORDER or BANK DRAFT only. Credit cards will not be accepted by Menu Manitoba for any fee/payment or sale transaction.

MENU MANITOBA WILL ISSUE RECEIPTS FOR ALL TRANSACTIONS IN A TIMELY FASHION FOR THE CURRENT TAX YEAR.

IT IS THE SELLERíS RESPONSIBILITY TO ACCURATELY DESCRIBE THE ITEMS AND/OR SERVICES FOR SALE. MENU MANITOBA CANNOT ENSURE AND DOES NOT KNOW WHETHER (1) ANY MENU MANITOBA SALE LISTING IS ACCURATE, COMPLETE, MISLEADING OR DECEPTIVE,
(2) THE ITEMS AND/OR SERVICES LISTED IS SAFE, LEGAL OR OF ACCEPTABLE QUALITY, OR
(3) THE SELLER AND BUYER WILL PERFORM AS PROMISED. ACCORDINGLY, YOU SHOULD EXERCISE CARE IN ENTERING INTO ANY AGREEMENT WITH ANOTHER PERSON IN THE MENU MANITOBA WEBSITE. BUYERS AND SELLERS USE THE SERVICES IN THE MENU MANITOBA WEBSITE AT THEIR OWN RISK.

Reservation of Rights.

Menu Manitoba retains the right, but does not have the obligation, to immediately halt any sale, prevent or restrict access to the website or the services offered or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items or any items otherwise prohibited by Menu Manitoba procedures and guidelines, and to correct any inaccurate listing or any inappropriately categorized items in Menu Manitoba website.

Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MENU MANITOBA AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYSí FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY PROVINCIAL/STATE, FEDERAL, FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTYíS RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

Applicable Law and Arbitration.
The laws of the Province of Manitoba and the Country of Canada govern this agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF MANITOBA AND CANADA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN WINNIPEG MANITOBA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR MENU MANITOBA MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN WINNIPEG MANITOBA CANADA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR MENU MANITOBA PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

General Release.
BECAUSE MENU MANITOBA IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS IN THE SALE/PURCHASE OF ITEMS AND/OR SERVICES, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU AGREES TO RELEASE MENU MANITOBA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Licenses - Your Grant.
By entering into this Agreement and listing an item, you grant Menu Manitoba and its affiliates a non-exclusive world-wide royalty-free, irrevocable, right to exercise all copyright, trademark rights, and rights of publicity over the material displayed in your listings, bids, or purchases in any existing or future media, known or unknown, now or at any later date. This grant shall be limited to Menu Manitoba and its affiliatesí use of your materials in connection with the website and the services offered, which may include advertising and promotion for the website and the services. You represent and warrant that you own or otherwise control all of the rights to the materials displayed in your listings, bids or purchases, and that the use of such materials by Menu Manitoba and its affiliates will not infringe upon or violate the rights of any third party.

Termination.
Menu Manitoba, in its sole discretion, may terminate or modify this agreement, access to the website or the services offered, without notice for any reason.

General Provision.

Entire Agreement.
This Agreement and the general terms, conditions set forth on the website constitute the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.

No Agency; Third-Party Beneficiary.
Menu Manitoba is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this agreement. This agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of Menu Manitoba, you, and relying buyers or sellers.

Severability.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver.
Menu Manitoba's failure to enforce the strict performance of any provision of this agreement will not constitute a waiver of Menu Manitoba's right to subsequently enforce such provision or any other provisions of this agreement.

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