Terms of Use 

YOUR ACCESS TO THIS WEBSITE (the “Website”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. THESE TERMS GOVERN YOUR USE OF THE WEBSITE. THIS IS A UNILATERAL CONTRACT. 

Acceptance

By using any Chino’s Cuisine-related software, or by using or visiting the chinoscuisine.com Website (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Company Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Chino’s Cuisine Website Service. These Terms of Use apply to all users of the Chino’s Cuisine Website Service, including users who are contributors of media content, information, and other materials or services on the Website. 

Website Access

Chino’s Cuisine hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:

i) your use of the Website Service is solely for your personal use;

ii) you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Chino’s Cuisine’s prior written consent;

iii) you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and

iv) you will otherwise comply with these Terms of Use.

Your permission to use the Website Service will be revoked immediately and any account may be suspended, terminated, or destroyed if you:

i) use this website in violation of any law, rule or regulation;

ii) interfere with or disrupt this website or any of our computer systems, servers, networks, databases, hardware, software, administrators, or equipment used by this Website Service;

iii) interfere with the use or enjoyment of this website by others;

iv) introduce or cause to introduce code which is disruptive or harmful; and

v) attempt to gain unauthorized access to our computer systems, servers, networks, databases, software, hardware, or equipment. 

In order to access some features of the Website Service, you may have to create an account. You must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your password and login information secure. You must notify Chino’s Cuisine immediately of any breach of security or unauthorized use of your account. Although Chino’s Cuisine will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chino’s Cuisine or others due to such unauthorized use. 

Chino’s Cuisine reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Chino’s Cuisine should the total amount of data transfer exceed an amount deemed excessive in Chino’s Cuisine’s sole discretion.  

Chino’s Cuisine is not responsible for any loss of data, information, media, or anything else stored within your account resulting from your account being closed, destroyed, or lost, for any reason, whatsoever. 

You agree not to use, launch, or cause to be used or launched, any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the Website Service in a manner that sends more request messages to Chino’s Cuisine’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the forgoing, Chino’s Cuisine grants the operators of public search engines the express permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Chino’s Cuisine reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.

If at any time the use of the Website requires you to download and install Chino’s Cuisine software or third party software or web-based applications. The use of that software is allowed for limited purposes. You are hereby granted a revocable non-exclusive license to use the Chino’s Cuisine software for the sole purpose of accessing information from, or encoding and sending information to, the Website. Chino’s Cuisine makes no warranty whatsoever concerning the functionality of Chino’s Cuisine’s software or any third party software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer’s hardware or software, data loss, or any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the Chino’s Cuisine software. You hereby waive any legal or equitable rights or remedies you may have against Chino’s Cuisine with respect to your use thereof. 

Intellectual Property

The content on the Chino’s Cuisine Website, including the text, software, scripts, graphics, sketches, schematics, plans, photos, sounds, music, videos, layout, colour scheme, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Chino’s Cuisine, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Chino’s Cuisine reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable, or otherwise interfere with security related features of the Company Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Company Website or the Content therein. 

You should not rely in any way on the representation made within the Website, including but not limited to text, photos, drawings, schematics, offers, invitations, etc. Any reliance on representations made on the Website Service are done at your own risk. Chino’s Cuisine’s staff is happy to communicate with you directly on any matter found on the Website Service that you wish to rely upon. 

Third Party Websites

The Chino’s Cuisine Website may contain links to third party websites that are not owned or controlled by Chino’s Cuisine and Chino’s Cuisine assumes no responsibility for these third party websites. By using the Website, you expressly discharge Chino’s Cuisine from any and all liability arising from your use of any third-party website. 

Warranty and Indemnity

You agree that your use of the Chino’s Cuisine Website Service is at your sole risk. Chino’s Cuisine makes no warranty concerning bugs, viruses, Trojan horses, or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Chino’s Cuisine does not endorse and is expressly not responsible for any product or service advertised or offered by a third party through the Website Service or any hyperlinked website. 

In no event shall Chino’s Cuisine, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Chino’s Cuisine software. 

You agree to defend, indemnify, and hold harmless Chino’s Cuisine, its officers, directors, employees and agents, from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: 

i) your use and access to the Chino’s Cuisine Website Service

ii) your violation of any aspect of these Terms of Use;

iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or 

iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the Chino’s Cuisine Website Service. 

Privacy

In order to serve you better, this Website Service may use analytical tools including but not limited to Google Analytics, Webtrends, and Cookies. Cookies are text files stored on your computer that allow websites to ‘remember’ who you are as a web user and what website you have seen. You may delete Cookies stored on your computer at any time. 

Google Analytics and Webtrends are used in conjunction with Cookies to collect information about your visits to our Website Service and improve your user experience. We may collect information about your: IP address; operating system and browers; your internet service provider; dates and times you access the Website Service; pages visited; keywords entered into our search engine; and the names and sizes of files requested. 

General

You confirm that you are either at least 18 years of age, or possess legal parental or guardian consents, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them. 

You agree that the Chino’s Cuisine Website shall be deemed solely based in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the Chino’s Cuisine Website Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred. By accepting these Terms of Use you hereby attorn to the jurisdiction of the applicable provincial or federal court and agree to start, continue, or defend an action in the judicial District of Thunder Bay. 

The unilateral contract you have entered into by using this Website Service is effective until terminated by Chino’s Cuisine, with or without cause, in our sole and unfettered discretion. Any such termination shall be in addition to, and without prejudice to such rights and remedies as may be available to Chino’s Cuisine, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, intellectual property shall survive the termination or expiry of this contract. 

This contract shall enure to the benefit of and be binding upon you and Chino’s Cuisine and our respective successors and permitted assigns. You acknowledge having read these Terms of Use before accepting it, having the authority to accept these Terms of Use, and having received a copy of these Terms. 

Any provision of these Terms of Use which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of these Terms of Use or affecting the validity or enforceability of such provision in any other jurisdiction.