Last updated: March 1, 2023
Introduction
Welcome to the Marathon® family of paper products! We’re thrilled you’ve chosen us to help make your life easier, healthier, and more hygienic.
Please take the time to read these Terms & Conditions carefully, as they contain important information about your legal rights, remedies, and obligations. By accessing or using this website (marathonofficial.com) and any associated web pages, APIs, or mobile applications (collectively, the “Site”), you agree to comply with and be bound by these Terms & Conditions.
If you do not agree to these Terms & Conditions, please do not use this Site.
1. Acceptance of Terms
By accessing or using this Site, you represent that you are at least 18 years old, have read and understand our Terms & Conditions, and agree to be bound by them and any amendments. If you do not agree to all of these Terms & Conditions, do not access or use this Site.
We may change, remove, add to, or otherwise modify these Terms & Conditions in our sole discretion and without notice. Your continued use of the Site after any changes means you accept the new Terms & Conditions. If you do not agree to any changes, you must stop using the Site.
2. Intellectual Property Rights
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Marathon® name and logo, all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Marathon® Paper Products Inc. or our affiliates, licensors, or users, as applicable.
You may use the Site and Site Materials only for your personal, noncommercial use, but you may not copy, reproduce, distribute, transmit, display, perform, create derivative works from, transfer, or sell any Site Materials, unless we give you explicit written permission to do so.
3. User Content
If you post, upload, input, provide, or submit your personal data to us, for example your name, email address, IP address, or other identifying information (“User Content”) to the Site, you agree we can contact you and allow third-parties to contact you as described in our Privacy Policy.
You represent and warrant you have all rights necessary to provide User Content and that it does not violate any copyright, trademark, property rights, or other existing rights. You hereby grant Marathon® an irrevocable, perpetual, transferable, non-exclusive, royalty-free, worldwide license to use, copy, modify, create derivative works from, distribute, publicly display, and publicly perform your User Content.
We have the right but not the obligation to monitor, edit, or remove any User Content. You agree to indemnify and hold Marathon® harmless from any claims or demands related to your User Content.
4. Accounts
Some Site services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate account information and any contact information associated with your account.
You are solely responsible for the activity that occurs through your account, including any agents or other third parties you authorize to access or use your account. You may never use another user’s account without express authorization from that user and Marathon®.
5. Excluded Users
The Site is intended solely for users who are 18 or older. Any registration by, use of or access to the Site by anyone under that age is unauthorized, unlicensed, and in violation of these Terms & Conditions.
By using the Site, you represent and warrant that you are 18 or older and understand you may not access or use the Site if you are under 18. Additionally, you may not access or use the Site if doing so would violate any applicable law or regulation to which you are subject.
6. Site Access
We grant you a limited, revocable, nonexclusive license to access and make noncommercial personal use of the Site. This license does not include any resale of the Site or its contents; any collection or use of Site listings, product/service descriptions, or prices; any derivative use of the Site or its contents; or any commercial use of the Site.
The Site contains robot exclusion headers and you agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree not to:
- Take any action that imposes or may impose an unreasonable load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without our prior written permission and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- Bypass any measures we use to prevent or restrict access to the Site.
We reserve the right to deny access to the Site or revoke any license to access or use the Site at any time and for any reason. If we disable your access to the Site you will not be able to access any content that is stored on the Site.
7. Accuracy of Information
While we aim to provide accurate product and pricing information, we do not guarantee the accuracy, completeness, or reliability of any Site Materials, User Content, product information, recommendations, pricing information, or other Site content. You agree that any reliance upon Site Materials or other Site content will be at your sole risk.
Prices and availability are subject to change without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or refuse service to any customer. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
Any product claims, representations, descriptions or specifications not set forth in our product descriptions are expressly excluded.
8. Third Party Links & Ads
The Site may contain links to third-party websites, resources, or advertisers. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party sites or resources.
The Site may also contain sponsored advertisements from third parties. Your business dealings or correspondence with any third party, and any terms or conditions related to their products/services, are solely between you and that third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of any third party advertisements or resources on the Site.
9. Disclaimer of Warranties
We aim to provide helpful, high-quality content and tools, but the site materials, user content, and services on the site are provided “as is” without warranty of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not warrant the site is free of viruses, worms, malware, trojans, or other harmful components. We do not warrant that access to the site will be continuous, uninterrupted, timely, or secure; that the site will be available at any particular time or location; that any defects or errors will be corrected; or that the site or server is free of viruses or other harmful components.
Any content downloaded from or through the site is accessed at your sole risk. You are solely responsible for any damage to your computer, mobile device, or other property resulting from accessing or using the site or site content.
10. Limitation of Liability
Marathon®, our directors, officers, employees, agents, vendors, and suppliers will not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from or related to your use or inability to use the site or site content, including but not limited to damages for loss of profits, business interruption, or loss of information.
Under no circumstances will our total liability to you for any damages, losses and causes of action resulting from your use of the site exceed $100.
You agree this limitation of liability represents a reasonable allocation of risk and limitation of liability. The foregoing limitations will apply even if the remedies fail their essential purpose.
11. Indemnification
You agree to defend, indemnify and hold harmless Marathon® Paper Products Inc. and our directors, officers, employees, agents, vendors, suppliers, contractors, licensors, and licensees from and against any liabilities, losses, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Site;
- Your User Content;
- Your violation of these Terms & Conditions; or
- Your violation of any applicable law or third party rights.
You agree you will cooperate in defending such claims. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification.
12. Governing Law & Disputes
These Terms & Conditions will be governed by the laws of the State of Ohio without regard to conflict of law principles. Any legal action, suit or proceeding arising out of or relating to the Site, these Terms & Conditions, or your use of the Site must be instituted exclusively in the federal or state courts located in Hamilton County, Ohio, and in no other jurisdiction. You consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim arises. Marathon®’ failure to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right.
13. Termination
We reserve the right, without notice and in our sole discretion, to terminate your license to access and use the Site, and to block or prevent future access to and use of the Site by you.
Your violations of these Terms & Conditions immediately terminate your license to use the Site. We reserve the right to investigate suspected violations of these Terms including by gathering information from the user and the complaining party, if any, and examining material on Marathon® servers and network.
Upon any termination, the rights granted to you shall immediately cease and you must cease all use of the Site. We further reserve all rights, including to deny Site access, obtain injunctive relief, and recover damages caused by your violation of these Terms.
14. Miscellaneous
These Terms & Conditions constitute the entire agreement between you and Marathon® relating to their subject matter and supersede any and all prior or contemporaneous written and oral agreements or understandings between you and Marathon® relating to such subject matter.
We may assign our rights and obligations under these Terms and our Privacy Policy, in whole or in part, to any party at any time without notice. These Terms & Conditions will be binding upon each party’s permitted successors and assigns.
No joint venture, partnership, employment, or agency relationship exists between you and Marathon® as a result of your use of the Site or these Terms & Conditions.
If any part of these Terms is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations above, the invalid or unenforceable provisions will be deemed superseded by valid enforceable provisions that most closely match the intent of the original provisions, and the remainder of the Terms shall continue in effect.
The headings in these Terms are included for convenience only and will not affect the interpretation of these Terms.
Thank you for reviewing our Terms & Conditions. If you have any questions, please contact us at [email protected]. We look forward to providing you our very best paper products and service!
