Terms of Use

Website Terms of Use

These Website Terms of Use (the "Terms of Use" or "Agreement") govern your use of the websites owned and operated by RW Innovations, Inc., and its divisions and brands (collectively, "RW"), including https://saladmaster.com/en-ca/ and https://saladmaster.com/fr-ca/, and corresponding social media websites and mobile applications (referred to each as a "Website" or collectively as the "Websites").

By using a Website, you agree to follow and be bound by these Terms of Use. When these Terms of Use refer to "use" of a Website, the term "use" is intended to be broadly construed to include any direct or indirect access to or use of the Website or any information or data included on the Website. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITES

Purchases and Returns

All purchases made on or through a Website shall be subject to that particular Website's Terms of Sale and Return Policy, which may differ from Website to Website.

Privacy

Any personal information provided to Regal Ware by you or collected by Regal Ware through the use of a Website will be maintained in accordance with Regal Ware's Privacy Policy.

Changes to Terms of Use

RW reserves the right to change all or any portion of these Terms of Use in its sole discretion. If these Terms of Use are changed, we will provide advance notice at least 30 days before the amendment comes into effect by posting the amended Terms of Use on the Websites, and for registered accounts or memberships, if required by applicable law, by sending you notice using any contact information that may be available to us and setting out the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. Your continued use of the Website(s) following such notice will constitute your express consent to any amendments to these Terms of Use. If the amendment entails an increase in your obligations or a reduction in our obligations, or if you should not agree to the amendment, you may refuse the amendment and rescind, or cancel your use of the Website(s) without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force. By using the Site after a change in the Terms of Use, you agree to follow and be bound by the Terms of Use as changed.

Modifications to Websites, Products and Services

RW reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Website or any products, services or content contained on a Website for any reason and at any time and without notice.

Links to Other Websites

The Websites include links to and utilize tools and other functionality from other websites (collectively, 'Third Party Websites'). You acknowledge that RW does not control the Third Party Websites and is not responsible for any content, services, products or practices of the Third Party Websites. Your use of any Third Party Websites is at your own risk.

Website Availability

RW periodically schedules system downtime for maintenance and other purposes and the Website may be unavailable due to unplanned system outages or circumstances outside of RW's control. RW shall have no liability to any user or third party whatsoever for the resulting unavailability of a Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.

Security

The Websites may utilize both secure and non-secure sections and pages. RW uses security protocols to help protect the transmission of data submitted using the secure portions of the Website. Before submitting any sensitive data using the Website, be sure your web browser displays a secure web address beginning with 'https://...' Although RW cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by RW, we may periodically update our technology in order to improve the protection of customer information.

Ownership of Website Content

RW, its affiliates, or third party content or service providers own all copyrights, trademarks, trade dress and other intellectual property contained on the Websites or contained in email correspondence you may receive through a Website ('Content'). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Websites as a whole. 

Use of Content

You are authorized only to use the Content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, authorized supplier, or authorized distributor of RW. Use of Content pursuant to this Agreement shall not convey or transfer any intellectual property rights to you. Portions of Websites may allow you to post, pin or share Content on social media pages, such as Facebook, Pinterest, Instagram or Twitter. Use of Content on social media pages is subject to these Terms of Use and the terms and conditions of such social media websites. If you choose to post Content on social media, you may only use or download such Content in its unmodified form for your own personal or legitimate business purposes related to your role as a current or prospective customer, authorized supplier, or authorized distributor of RW. You agree not to alter or remove any copyright or other proprietary notices included in such materials.

Notwithstanding the above, you shall not use any Content as part of a domain name, social media account name or user group.

RW reserves the right to remove, or have removed, any Content from any third party website or social media website in RW's sole discretion, and/or revoke your ability to use any Content. You agree to comply with or not oppose any take down request made by or on behalf of RW.

The above limited license to use Content does not apply to the use, downloading, compiling, data mining, reverse engineering or exporting of software or technical data from a Website for any reason.

Use of the Websites

You agree to use the Websites only for lawful purposes and comply with the following:

(a) Specifically you agree not to do any of the following: (i) communicate to RW or upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (ii) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (iii) intercept or attempt to intercept electronic mail not intended for you; (iv) misrepresent an affiliation with any person or organization; (v) restrict or inhibit use of the Website by others; (vi) upload or otherwise transmit files that contain a virus, harmful component, or corrupted data; (vii) collect information about others (including email address) without their consent (viii) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (ix) post or transmit 'spam', or chain letters or engage in other similar activities; or (x) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by RW, may harm RW or users of the Website or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chat room or any other publicly available section of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by RW, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of RW. You understand and acknowledge that you are responsible for whatever content you submit, and you, not RW, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to RW or to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to RW and/or post it to the Website. You grant to RW the world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted right to copy, reproduce, adapt, transmit, edit, modify, translate, or otherwise use all content you upload or otherwise transmit to RW or the Website in any manner RW chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. Further, you waive all moral rights in such content in favour of RW and anyone authorized by RW to use such content.

(c) RW reserves the right, but does not assume any responsibility, to (i) remove any material posted on the Website in its RW sole discretion, including without limitation if RW deems such material inconsistent with the foregoing commitments or any other provision of these Terms of Use or any other agreement you may have with us, including any material RW has been notified, or has reason to believe, constitutes a copyright infringement; and/or (ii) terminate any user’s access to all or part of the Website. However, RW can neither review all material before it is posted on the RW Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, RW assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. RW reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, RW has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. To provide notice of allegedly infringing materials on a Website, please contact us at: 1-800-765-5795.

Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the RW Website and may expose you to civil and/or criminal liability. 

User Feedback and Product Reviews

Portions of the Websites may allow users to submit product reviews. Should you post any review on a Website, without limit to section 10, you grant RW and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials and media.

Account and Membership Information

Certain Websites may allow you to set up an account or subscribe to certain features or benefits, including creating a unique user name and password or providing certain personal information.
By joining, subscribing or submitting information to RW through a Website, you expressly agree to (a) keep your login and password information confidential; (b) ensure that any person accessing your account is aware that the account is subject to this Agreement; (c) supervise and be responsible for any use of your account; (d) promptly change your login information if you believe that an unauthorized person has access to your login information.

You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. RW reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.

Product Display

RW makes efforts to accurately display the products featured on the Websites. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate.

Website Errors

We attempt to provide recent, accurate, and reliable information on our Websites. However, there may be occasions when information featured on our Websites may contain typographical errors, incomplete data, inaccuracies, or items featured on the Websites that are no longer in stock. We do not warrant that the information accessible via these Websites is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.  

User Comments and Submissions

RW welcomes user and customer comments regarding the Websites and RW products and services. However, any non-personal information you transmit to RW through a Website is not, and will not be treated as private, confidential or proprietary. We may make unrestricted use of any non-personal information you transmit to RW through a Website.

Subject to the RW Privacy Policy, should any user provide RW with any ideas, inventions, opinions, comments, suggestions, or the like regarding the content and/or operation of the Website, RW products or services (collectively 'Ideas'), whether solicited or unsolicited, such Ideas shall be deemed to be non-confidential and non-proprietary and owned by RW. RW shall have no obligation of any kind to you with respect to such Ideas and RW shall be free to reproduce, use, disclose and distribute the Ideas for RW's own benefit without any obligation to you.

Warranty and Liability Disclaimers

RW does not assume any liability for the materials, information and opinions provided on, or available through, the Website or any other RW web site (Site Content). Reliance on the Site Content is solely at your own risk. RW disclaims any liability for injury or damages resulting from the use of any Site Content.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ALL OTHER WEBSITES, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE OR ANY OTHER RW SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS. NEITHER RW NOR ANY PERSON ASSOCIATED WITH RW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER RW NOR ANYONE ASSOCIATED WITH RW WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT OR THE PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES, PRODUCTS AND/OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. RW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE WEBSITES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION. 

Limitation on Damages

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RW OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY RW AND WHETHER OR NOT RW HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF YOU HAVE A CLAIM AGAINST RW THAT ARISES OUT OF THIS AGREEMENT OR IS OTHERWISE RELATED TO THE WEBSITE, THEN IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RW TO YOU BE MORE THAN THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID RW FOR SERVICES RELATED TO THE WEBSITE OVER THE PRECEDING TWELVE (12) MONTHS; OR (B) $100.

Indemnification

You agree to defend, indemnify and hold harmless RW and its affiliates and subsidiaries; and their respective officers, directors, owners, agents, employees, affiliates, licensees and licensors, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Websites in violation of any of these Website Terms of Use.

Governing Law and Jurisdiction

For users who are not individuals resident in the Province of Quebec , this Agreement, and RW's operation of the Website, shall be governed and interpreted in accordance with the laws of the United States and the State of Wisconsin. Any disputes arising out of these Terms of Use shall be adjudicated in a court located in Wisconsin.

For individuals who are resident in the Province of Quebec, this Agreement, and RW's operation of the Website, shall be governed and interpreted in accordance with the laws of Canada and the province of Quebec. Any disputes arising out of these Terms of Use shall be adjudicated in a court located in Quebec.

Resolving Disputes; Arbitration

To the extent permitted by applicable law, and for users who are not individuals resident in the Province of Quebec, you and RW agree that disputes related to this Agreement will be handled through arbitration, except that either you or RW may bring a lawsuit solely for injunctive relief to stop unauthorized use of a Website or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting RW. If your claim is not resolved within thirty (30) days of the day you contact RW regarding your claim, you or RW may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes then in effect. The arbitration will be held in Wisconsin.

To the extent permitted by applicable law, and for users who are not individuals resident in the Province of Quebec, you agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action, or any other similar type of consolidation of claims. In other words, you may resolve disputes with RW on an individual basis only.

You agree that any claim that you have against RW must be brought within twelve (12) months of the date that the claim arose.

Governing Language

Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.

Termination

Your failure to comply with these Website Terms of Use automatically revokes your authorization to use the Websites and terminates all rights granted to you under the Website Terms of Use. Your obligations to RW and its affiliates and third party service providers relating to your use of a Website or products purchased on or through a Website prior to termination shall continue after termination. Restrictions regarding the Content, disclaimers and liability limitations under the Website Terms of Use shall survive termination of this Agreement for any reason.

Miscellaneous

We display these Websites and the Content solely to market and promote products and services in Canada. If any provision of these Website Terms of Use, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Website Terms of Use, and the rest of the Website Terms of Use shall remain in full force and effect. These Website Terms of Use are the entire agreement between you and RW and its affiliates and subsidiaries relating to the Websites. These Website Terms of Use supersede and cancel any prior written or oral agreement between you and RW and its affiliates and subsidiaries, which shall have no further force or effect.

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