Restaurant Montreal.ca

Our logos and all other marks of TOPRESERVATION.CA and of VIPOINTS belong to TOPRESERVATION.CA are internationally registered and are protected under current Canadian legislation. You may not use, display or post them without the authorization of TOPRESERVATION.CA. It is illegal to use any of the trademarks or any other intellectual property accessible through the Site for any purpose other than the purpose for which such material is made available by TOPRESERVATION.CA. It is illegal to misrepresent yourself in any way sponsored by, affiliated with, or endorsed by TOPRESERVATION.CA or any of it's providers. It is illegal to slender or disparage TOPRESERVATION.CA, the trademarks or service marks of TOPRESERVATION.CA, or any aspect of the Site.

All other trademarks, products, services, company names and logos that appear on our Site belong to their owners. You may not use, display or post them without the authorization of the said owners. Moreover specific references to these trademarks, products, services, company names and logos do not constitute an endorsement a recommendation or an opinion of TOPRESERVATION.CA who solely acts as an intermediary between the User and these companies.

You expressly acknowledge and agree that:

1. your use of the Site is at your own risk. The Site is provided on an "as is" and "as available" basis. To the fullest extent permissible according to applicable law, we expressly waive all warranties of any kind, whether express or implied, including, but not limited, to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
2. we do not warrant or represent that i) the Site will meet your requirements, ii) use of the Site will be uninterrupted, timely, secure, or error-free, iii) the results that may be obtained from the use of the Site will be accurate or reliable, iv) the quality of any products, services, or information, or other material purchased or obtained by you through the Site or that such items will meet your expectations, v) the servers that make the Site available are free of viruses, worms or other harmful components; or vi) any errors in the Site will be corrected.
3. any material downloaded or otherwise obtained through the use of the Site is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You solely assume the entire cost of all necessary servicing, repair or correction (in no event shall these costs be recoverable from TOPRESERVATION.CA or any of our affiliated companies or any of our or their respective licensors or suppliers).
4. no advice or information, whether oral or written, obtained by you from us or through or from the Site or one of it's services shall create any warranty not expressly stated in these Terms and Conditions.

• TOPRESERVATION.CA shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use of or the inability to use or unapproved use of the Site. We shall not be held responsible for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site, or resulting from unauthorized access to or alteration of your transmissions of data, including, but not limited to, any incidental, punitive or consecutive damages for loss of profits, use of data or other intangible, even if we have been advised of the possibility of such damages.
• Without limiting the foregoing, in no event shall our total liability (and that of our subsidiaries, affiliates, sponsors or licensors) to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed CAD $100.
• if you are dissatisfied with any portion of the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this Site.

You are responsible for your postings on our Site, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our Site or if somebody else uses your name or your password to cause harm to TOPRESERVATION.CA, you will be held responsible for same. Do not reveal your password to anyone.

In addition, by using this Site, you agree to indemnify TOPRESERVATION.CA, its officers, trustees, members, employees, volunteers, agents, and representatives and hold them harmless from any and all claims and expenses, legal fees, including attorneys' fees, arising from your use of the Site. You further agree to release TOPRESERVATION.CA and its officers, trustees, members, employees, volunteers, agents, and representatives from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind, (known or unknown, suspected or unsuspected, disclosed or undisclosed) that you may have against them arising out of, or in any way related to, your use of the Site or to any disputes regarding use of ideas or related materials submitted to TOPRESERVATION.CA.

You undertake to indemnify and hold harmless TOPRESERVATION.CA from and against all claims, actions, damages or other demands, including reasonable attorney fees and ex
penses (including any fees, costs and expenses relating to any dispute between you and us) by any third party as a result of:

• material that you have submitted, posted or sent through our Site and/or one of the services offered on our Site;
• your use of the Site and/or of one of the services offered on our Site; >
• your connection to the Site and/or the services offered on our Site;any default on your part in terms of respecting your obligations as stipulated in the Terms and Conditions;
• violation of law or of the rights of any other person.

You hereby agree to waive all laws that may limit such releases.

The prices for products and services offered by the partners and sponsors of TOPRESERVATION.CA, posted on the Site, and the description of the packages offered by the partners and sponsors of TOPRESERVATION.CA, are supplied for information purposes only as this information is made available to TOPRESERVATION.CA. TOPRESERVATION.CA does not guarantee that all the information is accurate, error free or complete. TOPRESERVATION.CA may not be held liable for any inaccurate or incomplete description or information supplied. TOPRESERVATION.CA undertakes to verify with its partners and sponsors and to correct, as early as possible, any inaccurate or incomplete information that a User may signal.

This Site may contain links to third party Websites over which TOPRESERVATION.CA exercises no control ("External Sites"). TOPRESERVATION.CA does not endorse, is not responsible or liable for any Content, advertising, products, services, or other materials on, or available from, such External Sites. The same applies to sites that may contain links to the Site. TOPRESERVATION.CA's Hyperlink Policy governs all links on the Site.

TOPRESERVATION.CA values Web accessibility and is committed to making the Site accessible to as many people as possible. The Content is designed for client independence and supports an array of technologies.

The Site is compatible with Microsoft Internet Explorer (3.x, 4.x, 5.x), Netscape Communicator (6.x 7.x, 8.x), including all versions of same on MacOS (8.x, 9.x 10.x) and a FireFox navigator.

The Site is optimized for 1024 x 768 display screen resolution.

The Site is operated from Montréal. All legal issues arising from, or related to, your use of the Site shall be construed in accordance with the applicable laws of the province of Québec, Canada, including all questions relating thereto. The courts of Montréal, Québec, Canada, shall be the exclusive forum and venue to resolve disputes arising out of, or related to, these Terms and Conditions or your use of the Site. By using the Site, you fully consent to the jurisdiction and venue of the Québec courts with respect to all such disputes.

TOPRESERVATION.CA respects the intellectual property of others and we ask that you do the same. If you have good reasons to believe that your work has been copied or is being used on our Site in a manner that violates your intellectual property rights, we request that you inform TOPRESERVATION.CA by providing the following information:

• the physical or digital signature, of the person authorized to act on behalf of the owner of those rights or his identification certificate, if available;
• a description of the work in relation to which you claim rights that have been infringed;
• the specific location on our Site of the item that you claim is infringing your rights;
• your address, telephone number and e-mail address;
• a sworn statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• which includes, a statement by you, (as is appropriate under applicable law), that the information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner's behalf.

TOPRESERVATION.CA's agent for notice of intellectual property claims is:

TOP RÉSERVATION Inc
Tel. : 1 (514) 727-5502
E-Mail : confidentialite@topreservation.ca

Should you violate these Terms and Conditions or any other rights of TOPRESERVATION.CA, TOPRESERVATION.CA reserves the right to pursue any and all legal and equitable remedies against any violating User. If you are aware of any violations of these Terms and Conditions, please report them to:

TOP RÉSERVATION Inc
Tel. : 1 (514) 727-5502
E-Mail : confidentialite@topreservation.ca

The Terms and Conditions of the Site constitute the entire agreement between you and TOPRESERVATION.CA governing your use of the Site. These Terms and Conditions replace all previous agreements between you and TOPRESERVATION.CA. You may also be subject to additional terms and Conditions when using certain services provided by third parties.

Moreover by using the Site, you recognize that :

1. The Terms and Conditions are reasonable and necessary to protect legitimate interests on the part of TOPRESERVATION.CA;
2. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect as conforming to the said decision;
3. That monetary damages might be insufficient to indemnify TOPRESERVATION.CA from a breach of the Terms and Conditions and that in the case of such a contravention, TOPRESERVATION.CA may immediately avail itself of the necessary procedures to enable it to obtain specific performance such as an interlocutory provisional injunction, an interlocutory injunction or a permanent injunction, before a competent jurisdiction, without prejudice to any other rights and recourses as an action in damages would seek to compensate for damages sustained and an injunctive relief would seek to avoid that the said violation continue in the future, and
4. No renunciation of any provisions of these Terms and Conditions may be opposed to TOPRESERVATION.CA unless it is written and signed by a duly authorized representative of TOPRESERVATION.CA.

All claims or causes of action arising from or related to the use of the Site or its Terms and Conditions must be filed within one (1) year following the date on which such claim or cause of action first arose. Otherwise, they will be deemed null and void.

Any request for information relating to our Terms and Conditions may be sent to TOPRESERVATION.CA.