Please read this page carefully. This page states the Terms and Conditions under which you, the website visitor (hereinafter “you” or “visitor”) may access and use our website (“Maschio’s Website”), the content of which is owned by or licensed to Maschio’s Food Services, Inc. (“Maschio’s”), and is operated and administered by Maschio’s. By using our website, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, please do not use our website. Maschio’s may, in its sole discretion, revise these Terms and Conditions at any time; therefore, you should visit this page periodically to review these Terms and Conditions.
This website seeks to provide information about our company, products and services for your convenience only. Although Maschio’s strives for timeliness and accuracy in all of the materials on the website, it makes no representations, warranties, or assurances as to the availability, accuracy, timeliness, or completeness of this website or its contents. Maschio’s shall not be liable for any damages or injury resulting from your access to, inability to access, or use of our services and website, including, without limitation, any damages or injury arising from any links to other sites contained within or referred to in this website.
Your use of Maschio’s Website is strictly voluntary. Because some of the information in Maschio’s Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using Maschio’s Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
Eligibility
Use of Maschio’s Website is void where prohibited. You may use Maschio’s Website only if you can form a binding contract with Maschio’s. You may use Maschio’s Website only in compliance with these Terms and Conditions and all applicable, local, state, federal, and international laws, rules and regulations.
Term
These Terms and Conditions, and any posted revision to these Terms and Conditions, shall remain in full force and effect while you use Maschio’s Website. Maschio’s reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of Maschio’s Website at any time, for any or no reason, with or without prior notice or explanation, and without liability. Maschio’s expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of Maschio’s Website if Maschio’s determines, in its sole discretion, that you have violated these Terms and Conditions or pose a threat to Maschio’s, its employees, business partners, users or the public.
Maschio’s Content
Maschio’s Website contains Content of Maschio’s (“Maschio’s Content”). Maschio’s Content is protected by copyright, trademark, patent, trade secret and other laws of both United States and foreign laws, and Maschio’s and its licensors own and retain all right, title and interest in and to the Maschio’s Content and Maschio’s Website. Maschio’s hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Maschio’s Content (excluding any software code) solely for your personal use in connection with viewing our website and using Maschio’s Website. You may not sell or modify Maschio’s Content or reproduce, display, distribute, or otherwise use Maschio’s Content in any way for any public or commercial purpose. Use of Maschio’s Content on any other site or in a networked environment is prohibited.
Links
Maschio’s Website contains links to sites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by Maschio’s of the contents of those other sites. Maschio’s is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this site, you do so at your own risk.
Privacy Policy
Use of Maschio’s Website is also governed by our Privacy Policy, which is incorporated into these Terms and Conditions by this reference.
Food Facts Terms and Conditions
Use of the Food Facts section of Maschio’s Website is also governed by our Food Facts Terms and Conditions, which is incorporated herein by this reference.
Disclaimer
Maschio’s does not represent or warrant that Maschio’s Website will operate error-free or that our website or our server is free of computer viruses or other harmful material. If your use of Maschio’s Website or Maschio’s Website’ material results in the need for servicing or replacing of equipment or data, Maschio’s shall not be responsible for those costs. Maschio’s Website and its material are provided on an “AS IS”, “AS AVAILABLE” basis, without representations or warranties of any kind. MASCHIO’S , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR — USE.
WITHOUT LIMITING THE FOREGOING, MASCHIO’S DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF FOOD LABEL INFORMATION PROVIDED BY MANUFACTURERS. ALL FOOD LABEL INFORMATION ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
Limitation of Liability
IN NO EVENT SHALL MASCHIO’S OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, OR ANY THIRD PARTIES MENTIONED IN THE WEBSITE CONTENT, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR — USE OF OR INABILITY TO — USE MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF MASCHIO’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH OUR WEBSITE, MASCHIO’S DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR — USE OF THIS WEBSITE, THAT YOUR — USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE MASCHIO’S UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnity
You agree to indemnify and hold Maschio’s, its subsidiaries, and affiliates, subcontractors and other partners, and their respective stockholders, members, directors, managers, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of Maschio’s Website in violation of these Terms and Conditions or arising from your breach of these Terms and Conditions or any breach of your representations and warranties set forth in these Terms and Conditions.
Governing Law and Jurisdiction
Maschio’s Website originates from New Jersey. Maschio’s does not claim that the Content on Maschio’s Website is appropriate or may be used outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access and use Maschio’s Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the State of New Jersey, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the State of New Jersey with respect to any dispute, disagreement, or cause of action related to or involving Maschio’s Website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions, our Privacy Policy and our Food Facts Terms and Conditions constitute the entire agreement between you and Maschio’s with respect to your use of Maschio’s Website, except as expressly provided elsewhere in this website.
Changes
We may change these Terms and Conditions from time to time. Unless stated otherwise, our current Terms and Conditions apply to your use of Maschio’s Website. If we make changes to these Terms and Conditions that, in our sole discretion, are material, we will provide you with notice as appropriate under the circumstances. By continuing to access or use Maschio’s Website after any changes to the Terms and Conditions become effective, you agree to be bound by the revised Terms and Conditions.