MCDONALD'S INTERNET SITE TERMS

McDONALD'S RESTAURANTS OF CANADA LIMITED

("McDonald's Canada")

Internet Website Terms, Conditions and Notices

PLEASE READ THE FOLLOWING TERMS, CONDITIONS AND NOTICES CAREFULLY.

By accessing and using the pages in this Website, you are deemed to have agreed, without modification, to all the terms, conditions and notices contained herein (collectively called the “Terms and Conditions”). If you do not agree with any of the Terms and Conditions, you should not use this site.

RESTRICTIONS ON USE

Sometimes hereafter in these Terms and Conditions, McDonald’s Canada and its Franchisees are for purposes of convenience collectively referred to as "McDonald’s Canada and its Franchisees".

Material from this World Wide Website and any other World Wide Website owned, operated, licensed, or controlled by McDonald’s Canada and its Franchisees may not be copied or distributed, reproduced, republished, uploaded, posted, used in the creation of derivative works, transferred, sold, licensed or transmitted in any way, without the prior written consent of McDonald’s Canada EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial, home use only, provided however that you do not delete or change in any way any copyright, trademark (including logos), or other proprietary notices. Modification or use of the materials for any other purpose violates McDonald’s Canada and its affiliates’ intellectual property rights. No graphics, including logos, available from this Website may be used separately from accompanying text and the material in this site is provided for lawful purposes only. Use for any other purpose is expressly prohibited by law.

If this site provides for the downloading of software and you download software from this Website, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by McDonald’s Canada. Neither title nor intellectual property rights are transferred to you, but remain with McDonald’s Canada, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

All downloadable software is distributed on an "as is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties or conditions of merchantability or fitness for a particular purpose. You hereby acknowledge that use of the software is at your sole risk.

Some software from this Website may be subject to restrictions and controls imposed under the export control laws and regulations of Canada and the USA, and any amendments thereof and may not be exported, acquired, shipped, transferred or re-exported, directly or indirectly, to: (i) any country or region prohibited under such laws and regulations; (ii) any end user who has been prohibited from participating in the USA or Canada export transactions by any federal agency of the USA or Canadian government. You also acknowledge that the software may include technical data subject to export and reexport restrictions imposed by USA or Canadian law.

RESTRICTION OF LIABILITY

The material in this site could include technical inaccuracies or typographical errors. Periodically and at any time, changes, improvements or additions may be made to the information in this Website.

NEITHER MCDONALD’S CANADA NOR MCDONALD’S CORPORATION NOR ANY OF THEIR RESPECTIVE DIRECTORS, AGENTS, LICENSORS, SUPPLIERS, FRANCHISEES, EMPLOYEES OR REPRESENTATIVES (HEREIN IN THIS SECTION BEING COLLECTIVELY CALLED “MCDONALD’S”) MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DOCUMENTS AND RELATED GRAPHICS, SOFTWARE, PRODUCTS, AND SERVICES (COLLECTIVELY CALLED THE “MATERIALS”) CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.

THE MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MCDONALD’S DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF USAGE OF TRADE OR COURSE OF DEALING IN ADDITION TO WARRANTIES OR CONDITIONS OF TITLE AND NON-INFRINGEMENT. MCDONALD’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS IN OPERATION OF TRANSMISSION, LINE INTERFERENCE, AND OF VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. MCDONALD’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT SHALL MCDONALD’S BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR CAUSED BY THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY MATERIALS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MCDONALD’S HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU, AND NOT MCDONALD’S, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. MCDONALD’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.

SUBMISSIONS

All feedback data such as remarks, suggestions, questions, comments, ideas, graphics, or other information communicated directly or indirectly to McDonald’s Canada through this Website (collectively called the "Submission") will forever be the property of McDonald’s Canada. McDonald’s Canada will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future McDonald’s Canada operations. Without limitation, McDonald’s Canada will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. McDonald’s Canada will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. Such rights shall include, but not be limited to, the freedom to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Submission to others without limitation.

You acknowledge that you are responsible for whatever material you submit, and you, not McDonald’s Canada, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You waive any and all moral rights in the Submission. Further, McDonald’s Canada shall be free to use any ideas, concepts, know-how or techniques contained in such Submission for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Submission.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS

To the extent that this Website contains bulletin boards, chat rooms, or other message or communication facilities (“Forums”), you agree to use such forums only to send and receive messages and material that are proper and related to the particular forum.

The Forums shall be used only in a non-commercial manner. You shall not, without the express approval of McDonald’s Canada, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

While McDonald’s Canada and its Franchisees do not and cannot review every message posted by you in the Forums and is not responsible for any content of these messages, McDonald’s Canada and its Franchisees reserve the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

When using a Forum, you shall not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, abusive, indecent or unlawful material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; falsify the origin or source of software or other material contained in a file that is uploaded; advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose; and download any file that you know, or reasonably should know, cannot be legally distributed via this Website.

You agree to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Website only as permitted by these Terms and Conditions, any additional policies or procedures published in this Website from time to time by McDonald’s Canada, and applicable law. In addition, you warrant that all moral rights in any uploaded materials have been waived

McDonald’s Canada and its Franchisees reserve the right for any reason to remove without notice any contents of this Website received from you, including without limitation bulletin board postings. McDonald’s Canada and its Franchisees reserve the right to deny in its sole discretion any visitor whom access to this Website or any portion thereof without notice. McDonald’s Canada and its Franchisees reserve the right to edit any notices or postings for clarity and length.

You acknowledge that chats, conferences, bulletin boards and any other such communications forums hosted by this Website are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by yourself and others are not endorsed by McDonald’s Canada, and such communications shall not be considered reviewed, screened, or approved by McDonald’s Canada.

LINKS TO OTHER WEBSITES

This Website may contain links and pointers to other World Wide Web Internet sites and resources maintained by third parties. When you access a third party Website, please understand that it is independent from McDonald’s Canada and its Franchisees, and that McDonald’s Canada and its Franchisees have no control over the content on that Website. McDonald’s Canada and its Franchisees make no representations whatsoever about any other Website which you may access through this one. In addition, a link to a third party Website does not mean that McDonald’s Canada and its Franchisees endorse or accept any responsibility for the content, or the use, of such Website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Third-party links and pointers are included solely for convenience of users, and do not constitute any endorsement by McDonald’s Canada and its Franchisees and/or their suppliers. You assume sole responsibility for use of third party links and pointers. Since McDonald’s Canada and its Franchisees are not responsible for the availability of these outside resources, or their contents you should direct any concerns regarding any external link to its Website administrator or Webmaster.

IN NO EVENT WILL MCDONALD’S CANADA AND ITS FRANCHISEES BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REPRESENTATIONS AND WARRANTIES

McDonald’s Canada and its Franchisees do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through this Website by any visitor, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. McDonald’s Canada and its Franchisees reserve the right, in their sole discretion, to correct any errors or omissions in any portion of the Website.

Information McDonald’s Canada publishes on the World Wide Web may contain references or cross references McDonald’s Canada products, programs and services that are not announced or available in your country. Such references do not imply that McDonald’s Canada intends to announce such products, programs or services in your country. Consult your local McDonald’s Canada business contact for information regarding the products, programs and services which may be available to you.

McDonald’s products and services are available in many parts of the world. However, the McDonald’s Canada Website may describe products and services that are not available worldwide.

McDonald’s Canada is an equal opportunity employer committed to a diverse workforce. McDonald’s Canada Franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must submit an application. Applications are active for 30 days, after which you must reapply.

JURISDICTION

Except as described otherwise, all materials in McDonald’s Canada and its Franchisees' Websites are made available only to provide information about McDonald’s Canada and its Franchisees. McDonald’s Canada operates from its headquarters in Toronto, Ontario, Canada and makes no representation that the materials appearing in this Website are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws.

TRADEMARK AND COPYRIGHT INFORMATION

The following trademarks used herein are owned by McDonald's Corporation and its affiliates and are licensed to McDonald’s Canada: Always Quality Always Fun; Arch Deluxe; Attack A Big Mac; Bacon 'N Egg McMuffin; Big Breakfast; Big Mac Attack; Big Mac; Chicken McNuggets; Egg McMuffin; Filet-O-Fish; Food Folks & Fun; Fry Kids; Golden Arches Logo; Golden Arches; Good Time Great Taste; Happy Meal; Happy Strips; Have You Had Your Break Today?; Here We Grow Again; I'm Speedee Logo; I've Got a Taste for McDonald's; J'M Design; Joyeux Festin; Keep Your Eyes on Your Fries; Light 'N Crispy; Look For the Golden Arches; MacPoulet; MacSundae; Manoir Ronald McDonald; McBaby; McBirthday; McCheddar; McChicken; McDo; McDonald's; McDonald's & M Design Good Morning Canada; McDonald's & M Design with Maple Leaf; McDonald's Cares Design; McDonald's Express Design; McDonald's Express; McDonald's Hamburgers; McDonald's Limited Edition; McDonald's Playland; McDonald's, Ronald And You; McDonaldland and the McDonaldland character names and designs; McFast Lane; McFlurry; McHappy Day; McKids Design; McKids; McLobster; McMuffin; McNuggets; McPizza; Nobody Can Do It Like McDonald's Can; Nothing But Goodness Nothing But Good Taste; Partners in Supporting Ronald McDonald House; Pierrot McDo; Playplace; Poulet McCroquettes; QSC; Quart De Livre; Quarter Pounder; Quarter Pounder With Cheese; Reading Is Fun With Ronald McDonald; Ronald McDonald; Ronald McDonald House Design; Ronald McDonald House; Ronald McDonald Children's Charities; Sausage McMuffin; Saveur Du Mois; Super Size; Taste of the Month; The Helping Hand; Helping Hand Design; The House That Love Built; Une Maison Au Coeur De La Vie; We Do It All For You; You Deserve A Break Today; You, You're The One; You've Never Had Pizza So Good, So Fast.

All other trademarks are the property of the respective trademark owners.

TERMINATION

McDonald’s Canada or you may terminate these Terms and Conditions at any time. You may terminate these Terms and Conditions by destroying: (a) all materials obtained from all McDonald’s and its Franchisees' Websites; and (b) all related documentation and all copies and installations (together, the "Materials"). McDonald’s Canada may terminate these Terms and Conditions immediately without notice if, in its sole judgment, you breach any term or condition of these Terms and Conditions. Upon termination, you must destroy all materials. You expressly save and hold McDonald’s Canada, its Franchisees, agents, licensors and related, affiliated, or subsidiary companies harmless from any and all liability of any kind or nature whatsoever to you or any third parties which may arise from your acts under these Terms and Conditions.

MISCELLANEOUS

Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

McDonald’s Canada and its Franchisees reserve the right to make any and all changes to this Website at their sole discretion without notice to you. McDonald’s Canada reserves the right to deny access to this Website to anyone at anytime.

These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and these Terms and Conditions, these Terms and Conditions shall control.

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the Province of Ontario, Canada, notwithstanding any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of courts of Ontario in all disputes arising out of or relating to these Terms and Conditions and the use of this Website. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Possible evidence of use of this Website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Website. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between yourself and McDonald’s Canada as a result of this agreement or use of this Website.

You agree not to hold yourself out as a representative, agent, or employee of McDonald’s Canada and McDonald’s Canada shall not be liable for any representation, act or omission by you. McDonald’s Canada can revise these Terms and Conditions at any time by updating this posting.

Any rights not expressly granted herein are reserved.