These terms and conditions (“Terms”) constitute an agreement between you and Northwest Restaurant Services (“NWRS”) governing your use of www.nwrestaurantservices.com (“Website”). Please read these Terms carefully. You must be at least 18 years of age to use this Website. Access to this Website is conditioned on your assent to these Terms without modification by you. Your use of this Website constitutes your acceptance of these Terms without modification by you. NWRS reserves the right to make changes to these Terms. You are responsible for reviewing these Terms periodically to ensure compliance.
1. Ownership & Copyright
Except for items in the public domain, the information and all other materials comprising this Website (collectively, “Materials”), are wholly owned by (or licensed to) NWRS and/or its content providers. This Website contains copyrighted material, trademarks, and other proprietary information. NWRS owns a copyright in the selection, coordination and arrangement of this Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of NWRS or such other party that may own the Materials.
2. Use of Website
Except for your non-commercial personal use, this Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of this Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading or otherwise submitting a file or other information (“Contribution”) to this Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to NWRS a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
3. Age & Responsibility
You represent that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You understand that you are financially responsible for all uses of this Website by you.
5. No warranties
Your use of this Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through this Website. NWRS strives to ensure the accuracy of the information presented on this Website, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to NWRS’s bill and payment processing system there may be variances between the information available on this Website and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither NWRS nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of this Website. THIS WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED “AS IS”, AND NEITHER NWRS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by NWRS or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither NWRS nor any of its content providers, agents, or the like warrants that access to, or use of, this Website will be uninterrupted, virus free, or error-free, or that this Website (including, without limitation, any content on this Website) will meet any particular criteria of performance or quality. NWRS, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT NWRS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THIS WEBSITE. FURTHERMORE, NWRS, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THIS WEBSITE.
6. Limitation of liability
NWRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, this Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if NWRS has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destructio7 or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, NWRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you. The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. NWRS’s willingness to allow you to use this Website reflects this allocation of risk and the limitations of liability specified herein.
You agree to indemnify NWRS and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of this Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
This Website may contain links to websites operated by parties other than NWRS. Such links are provided for your reference only. NWRS does not control such websites and is not responsible for their contents. NWRS makes no representation or warranty regarding any other websites or the contents or materials on such websites. This Website’s inclusion of links to other websites does not imply NWRS’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
9. Governing law
This Agreement and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Orange County, California, in all questions and controversies arising out of your use of this Website and this Agreement.
10. No waiver
The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and NWRS nor the trade practice shall modify any provision of these Terms.
NWRS may at any time modify these Terms and your continued use of this Website will be conditioned upon the Terms in force at the time of your use.
12. Additional terms
Additional Terms may apply to other portions of this Website, and you agree to abide by such other Terms.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Intellectual property notices
All content of this Website is copyrighted by NWRS and/or its suppliers. All rights reserved. Product and company names mentioned in this Website are the trademarks of their respective owners.
15. Entire agreement
These Terms, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.
2. Who is collecting this information?
NWRS collects the information described above via the Website. In the case of third party features such as advertising, co-branded areas or links to other websites, such third parties may also collect information. You should review the applicable privacy policies of these third parties before providing personally identifiable information. NWRS is not responsible for any actions or policies of third parties.
3. How collected information is used
NWRS uses information to learn more about how visitors use the Website and to measure areas of interest. This allows NWRS to build features and functionality that will enhance your Website experience. NWRS may also use your e-mail address to send you information about new features and services, to share information about energy conservation programs and to provide you with conservation tips, or to send you information about special offers from NWRS’s partners, unless you indicate in an opt-out disclosure that you do not wish to receive this type of information. We might also use this information to respond to e-mails, provide customer support, enforce Website Terms and Conditions or other similar matters. Aggregate information is also used to help us run and maintain the Website, study traffic patterns and generally learn about the usage of the Website.
Sometimes a law, court order, or other judicial or administrative process requires us to provide information to a government authority or party to a private lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or other process. We may also have to disclose certain information in court documents if we have to bring an action against you, for example, to collect a debt you owe us.
4. Choices in the collection, use, and distribution of information
You always have a choice of whether you want to receive information about new features, events, offers and special coverage on the Website and about special offers from NWRS’s partners. If at any time you do not want to receive such information, which may be keyed to the information we have collected about you, please e-mail NWRS at firstname.lastname@example.org.
5. With whom the information may be shared
Except for your choices described above, we will not knowingly disclose or authorize the disclosure of personal identifiable information (other than aggregate statistical information) to any third party without your consent unless (1) we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may have breached our Website Terms and Conditions or who may be causing injury to or interference with (either intentionally or unintentionally) NWRS’s rights or property, other Website users, or anyone else who could be harmed by such activities or (2) we believe in good faith that the law requires it.
6. Links to other websites
8. Revocation of Consent to Collect and Use Personal Information
If you want to revoke our right to collect any further personal information entirely, please e-mail NWRS at email@example.com.
9. Security procedures we use
We are very concerned with the security of your personally identifiable information and take great care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us. Once we receive your information, we take appropriate steps that we believe are reasonable to protect the security of your data on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. We use a combination of technological and policy methods to protect this data. You are responsible for maintaining the secrecy of your passwords and any account information. Please be aware that NWRS will never ask you for your password in an unsolicited phone call or e-mail.
10. Changes to this policy
NWRS is a leading provider of commercial kitchen equipment installation, repair, and maintenance. If it concerns your kitchen, you can count on NWRS for 24/7 support and an exceptional track record of on-time service.