MARANTEC AMERICA CORPORATION
WEBSITE TERMS AND CONDITIONS OF USE
Copyright © 2008 Marantec America Corporation
YOUR RESPONSIBILITIES AS THE WEBSITE VISITOR
You agree to utilize your access to this Website and the information contained on this Website in a responsible manner and respect and comply with the rights of Marantec and all others.
You agree to comply with all reasonable requests and instructions given by Marantec.
You agree to immediately report any misuse of this Website or the information contained on this Website to Marantec.
This Website and all information available on and through this Website is copyrighted and is the property of Marantec. If information is provided by a third party, then that material is owned by that third party. No content or data found herein may be downloaded, reproduced, republished, distributed, sold, transferred, stored, archived or modified without the express written consent of Marantec. All trademarks, logos, service marks and patents displayed on this Website are registered or common-law trademarks, logos, service marks or patents which are property of Marantec. Nothing contained in this Website grants, directly or by implication, any license to use any of Marantec’s properties, whether registered or common-law, trademarks, logos, service marks or patents without the express, written permission of the President of Marantec and any other person or entity which owns or has any interest in such intellectual property.
Visitors may only utilize this Website for access to the information contained on the Website and to communicate with Marantec. The contents of this Website may not be copied, reproduced, republished, uploaded, downloaded, posted, transmitted or distributed without the express, written permission of the President of Marantec. Unauthorized use of this Website or its content violates all applicable copyright, trademark, service mark, patent or other intellectual-property laws as well as all other civil law and criminal law. If you copy or download any content of this Website, such as product operating instructions, then all intellectual-property and proprietary notices must be retained on all such copies. You are expressly prohibited and agree to refrain from submitting, posting, publishing or transmitting any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory, pornographic or profane material or any material which could be or could encourage offensive conduct or which is considered a civil or criminal offense, which is morally offensive or which gives rise to civil or criminal liability or which otherwise violates any law whatsoever.
AUTHORIZED VISITORS, AGE AND RESPONSIBILITY
You represent that you are an authorized user and visitor to this Website and are of sufficient legal age where you reside and in the State of Illinois (18 years of age) to create binding legal obligations for any liability you may incur as a result of your use of this Website. You understand that you are financially responsible for all uses of this Website by you, or through your computer, or through your browser or login information.
You may terminate this Agreement at any time by discontinuing your use of this Website and immediately destroying any materials which you obtained from this Website. Marantec may terminate this Agreement, automatically upon violation of this Agreement, with or without notice to you, or, at any time, for any reason, or, for no reason whatsoever, with or without prior notice to you, any user or visitor.
MARANTEC MAKES NO WARRANTY OF ANY KIND REGARDING THIS WEBSITE AND ALL CONTENT PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. MARANTEC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE OR LINKED TO THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND ACCURACY OF THE CONTENT OF THIS WEBSITE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
UPDATING WEBSITE INFORMATION DISCLAIMER
MARANTEC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS WEBSITE. ANY DOCUMENTS AND GRAPHICS SHOWN MIGHT BE OUT OF DATE OR MIGHT BE TECHNICALLY INACCURATE. MARANTEC AND ITS SUPPLIERS PERIODICALLY MAKE IMPROVEMENTS TO MARANTEC’S PRODUCTS WHICH MAY NOT BE REFLECTED IN THE DOCUMENTS AND GRAPHICS SHOWN. MARANTEC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, IF ANY EXIST. MARANTEC HAS ABSOLUTELY NO DUTY TO UPDATE THIS WEBSITE OR ITS CONTENT AND SHALL NOT BE HELD LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY DISCLAIMER
MARANTEC HEREBY DISCLAIMS ALL WARRANTIES AND RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY OR FOR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA, TEXT, GRAPHICS, VIDEO, IMAGES, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL MARANTEC, ANY RELATED ENTITY OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY AND ALL CLAIMS, INJURIES, LOSSES OR DAMAGES WHATSOEVER, WHETHER (WITHOUT LIMITATION) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), OR COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES OR FOR LOST OPPORTUNITIES, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND ACCURACY, WHETHER (WITHOUT LIMITATION) BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY CAUSE OF ACTION OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NON-PERFORMANCE BY MARANTEC OR ANY THIRD PARTY PROVIDER, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BY YOU, ANY OTHER VISITOR, USER, CUSTOMER, DEALER, INSTALLER, ANYONE ELSE OR ANY OTHER CLAIMANT. YOU UNDERSTAND AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.
MARANTEC PRESENTS THE INFORMATION ON THIS WEBSITE AS A SERVICE TO ITS CUSTOMERS AND INSTALLERS. MARANTEC HEREBY DISCLAIMS ALL WARRANTIES AND MAKES NO WARRANTY OR GUARANTEE CONCERNING THE RELIABILITY OF THE CONTENT OF THIS WEBSITE OR THE RELIABILITY OF OTHER SITES TO WHICH IT LINKS OR REGARDING WORK DONE BY DEALERS OR INSTALLERS.
MARANTEC’S PRODUCTS ARE DESIGNED FOR PROFESSIONAL INSTALLATION AND NOT FOR DO-IT-YOURSELF PROJECTS. ALL MARANTEC PRODUCTS MUST BE INSTALLED BY QUALIFIED INSTALLATION PERSONNEL. THERE ARE MANY HAZARDS AND DANGERS INVOLVED IN THE INSTALLATION PROCESS, WHICH MAY BE DESCRIBED IN SPECIFIC PRODUCT LITERATURE. MARANTEC DOES NOT RECOMMEND THAT HOMEOWNERS WORK ON MARANTEC PRODUCTS. MARANTEC DOES RECOMMEND THAT HOMEOWNERS CONTACT THEIR AUTHORIZED MARANTEC INSTALLER FOR SERVICE ASSISTANCE. YOU UNDERSTAND AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY FOR PRODUCTS AND SERVICES PROVIDED BY INDEPENDENT DEALERS - DISCLAIMER
MARANTEC MAY PROVIDE LINKS TO DEALERS WHO SELL OR SERVICE MARANTEC PRODUCTS IN VARIOUS GEOGRAPHIC REGIONS. MARANTEC HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND IN NO EVENT SHALL MARANTEC, ANY RELATED ENTITY OR ANY THIRD PARTY PROVIDER BE LIABLE FOR ANY AND ALL CLAIMS, INJURIES, LOSSES OR DAMAGES WHATSOEVER, WHETHER (WITHOUT LIMITATION) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), OR COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES OR FOR LOST OPPORTUNITIES, IMPLIED WARRANTIES OF QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY AND ACCURACY, WHETHER (WITHOUT LIMITATION) BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY CAUSE OF ACTION OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE, OR IN CONNECTION WITH ALL GOODS OR SERVICES PROVIDED BY ANY DEALER IDENTIFIED ON THIS WEBSITE. THIS DISCLAIMER INCLUDES, WITHOUT LIMITATION, LIABILITY FOR ANY AND ALL ACTS, ERRORS, OMISSIONS, INJURIES, LOSSES, ACCIDENTS OR DELAYS WHICH MAY BE CAUSED IN WHOLE OR IN PART BY THE CONDUCT OF SUCH DEALER(S), EVEN IF MARANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BY YOU, ANY OTHER VISITOR, USER, CUSTOMER, DEALER, INSTALLER, ANYONE ELSE OR ANY OTHER CLAIMANT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MARANTEC FOR ANY AND ALL SUCH CLAIMS AS PROVIDED IN THE INDEMNIFICATION PROVISION OF THIS AGREEMENT. IF YOU DECIDE TO HIRE OR DO BUSINESS WITH SUCH DEALER OR INSTALLER, YOU MUST EVALUATE THE DEALER OR INSTALLER AND YOU HIRE OR DO BUSINESS WITH SUCH DEALER OR INSTALLER AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.
By accessing this Website, you agree to and shall defend and indemnify and hold harmless Marantec, its related corporate and business entities and any third party providers and their directors, officers, employees and agents from any and all claims, causes of action, and demands, including, without limitation, payment of all Marantec’s actual illegal, expert witness, and accounting fees as retained by Marantec in the defense of actions or claims brought by you or third parties as a result of your use of or access to this Website.
WAIVER OF SUBROGATION
You hereby release Marantec and its related corporate and business entities, directors, officers, employees and agents from any and all claims for damage to any person(s) and property that are caused by or result from risks insured against under any insurance policies carried by you and which are in force at the time of such damage.
This Website may contain links to other sites which are provided solely as a convenience to you and are not an endorsement by Marantec or its third party providers or distributors of the contents of such other sites. Marantec is not in any way responsible for the content of any other site and makes absolutely no representation or warranty regarding any other web site or the contents or materials on any other website. If you decide to access other websites, whether or not through links, you do so at your own risk.
Unless otherwise provided herein, all notices must be in writing to Marantec America Corporation at 5705 CenterPointe Ct. in Gurnee, IL 60031, Attention: Website Manager.
CHOICE OF LAW
Additional terms and conditions will apply to the purchase of goods and services which are specifically set forth at that page of the Website. The entire Website is herein incorporated by reference in its entirety. You agree to abide by such other terms and conditions as are set forth at the time of your purchase or other use of this Website as disclosed in such agreement or at such page of the Website.
CONTRACTUAL ONE YEAR LIMITATION OF RIGHT TO SUE
Last revision: May 15, 2008.
In order to place an order with Marantec through this Website, we need to know your: name; PayPal™ e-mail address; and, mailing or shipping address. Your credit card brand, account number, expiration date, purchase code and billing address will be sent directly to PayPal™ and not to Marantec. Your sensitive financial information is stored on the PayPal™ servers and maintained pursuant to your agreement with PayPal™. When you use PayPal™ to pay online, you provide only your PayPal™ e-mail address. The merchants/retailers, in this case, Marantec, receives payment from PayPal™ without ever seeing your financial information. If you have any questions concerning the operation of the PayPal™ method of payment and PayPal™ security, please referred to the PayPal™ website at www.PayPal.com. Without this information, we cannot fulfill your order or notify you of the status of your order. This Website ordering process is not particularly different from other, bona fide, internet based purchases utilizing PayPal™.
SURVEYS, ANNOUNCEMENTS and PROMOTIONS
If you are participating in a survey, subscribing to a Marantec e-mailing list or entering a Marantec promotion or contest, you may be asked for information necessary to complete and process the survey, subscription, promotion or contest. For example, we may ask for your name, address, e-mail address, in addition to your input which is the subject of the survey, subscription, promotion or contest.
Visitors are not required to reveal personal information such as your name, e-mail address or telephone number which makes you identifiable as an individual. Marantec may collect such information as the identification of your browser software and the domain from which you entered this site. This information is gathered to assure and improve technical performance of the Website and to assist Marantec in its product development, sales and marketing by tracking the visitors’ interests on the Internet.
Marantec may utilize “cookies” to navigate Marantec’s internet store and to customize materials presented to you. Such a “cookie” is a tracking file which does not personally identify you as a user but does, in fact, identify the user’s computer. Such “cookies” do not threaten your computer and do not contain viruses. Most Web browser’s automatically accept these files and you can change this feature in your computer to reject “cookies.”
PROTECTION OF CUSTOMER INFORMATION
When you place your order, you use the PayPal™ system to protect your credit card information under your contract with PayPal™.
The information which you supply to Marantec in the purchase process is only used by Marantec. Marantec does not sell or lease its customer lists. It does reserve the right to maintain and transfer such information within its corporate structure as part of its business.
Under certain legal circumstances, Marantec will disclose personal information when required by law or based upon Marantec’s good-faith belief that such disclosure is necessary to comply with a court order or legal process, or to protect and defend the property rights of Marantec, to identify individuals who may be violating applicable law, to cooperate with investigations of alleged unlawful activities and to use such information for other purposes which Marantec believes serve a legitimate purpose.
REMOVING OR CHANGING YOUR INFORMATION
If you provide Marantec with information through this Website and you wish to amend or update your information or if you wish to have your information removed from Marantec’s database, please send such requests by e-mail to:
By using this Website in any fashion, you consent to the collection and use of this information by Marantec.
MARANTEC SEEKS TO PROVIDE SECURE NETWORK ENVIRONMENTS FOR ITS WEBSITE USERS. HOWEVER, BECAUSE THESE COMMUNICATIONS ARE THROUGH THE INTERNET, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY. THEREFORE, NOT ALL PERSONAL IDENTIFICATION INFORMATION TRANSMITTED THROUGH THE WEBSITE MAY BE FREE OF UNAUTHORIZED ACCESS.
MARANTEC DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY ANY USER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS. MARANTEC HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND IN NO EVENT SHALL MARANTEC, ANY RELATED ENTITY OR ANY THIRD PARTY PROVIDER, INCLUDING BUT NOT LIMITED TO CREDIT CARD COMPANIES AND PayPal™, BE LIABLE FOR ANY AND ALL CLAIMS, INJURIES, LOSSES OR DAMAGES WHATSOEVER, WHETHER (WITHOUT LIMITATION) DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), OR COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES OR FOR LOST OPPORTUNITIES, IMPLIED WARRANTIES OF QUALITY, IMPLIED WARRANTIES OF PERFORMANCE, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY OF THE CONTENT OF THIS WEBSITE, WHETHER (WITHOUT LIMITATION) BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTORY CAUSE OF ACTION OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF PERSONAL INFORMATION TRANSMITTED TO OR THROUGH THIS WEBSITE OR UNAUTHORIZED ACCESS TO SUCH INFORMATION, EVEN IF MARANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BY YOU, ANY OTHER VISITOR, USER, CUSTOMER, DEALER, INSTALLER, ANYONE ELSE OR ANY OTHER CLAIMANT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MARANTEC FOR ANY AND ALL SUCH CLAIMS AS PROVIDED IN THE INDEMNIFICATION PROVISION OF THIS AGREEMENT. YOU UNDERSTAND AND AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK.
BY TRANSMITTING ELECTRONIC INFORMATION TO MARANTEC, YOU ARE REQUESTING MARANTEC SEND INFORMATION TO YOU, SELL PRODUCTS TO YOU OR CONTACT YOU REGARDING MARANTEC’S PRODUCTS AND SERVICES. MARANTEC WILL MAKE REASONABLE EFFORTS TO ACCOMMODATE REASONABLE REQUESTS FOR INFORMATION REGARDING MARANTEC’S PRODUCTS AND SERVICES BUT MAKES NO GUARANTEE AS TO THE TIMELINESS OF SUCH RESPONSES. MARANTEC IS NOT RESPONSIBLE FOR ANY DELAY, NON-DELIVERY OR NON-RECEIPT OF ANY INFORMATION DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS OR INCORRECT INFORMATION SUPPLIED TO ANY USER.
Marantec does not knowingly collect or use personal information from minors. Marantec does not allow children to register, order products or services or use any Marantec-based online services. All information which is inadvertently collected from children will be deleted as soon as it is recognized as such.
LINKS TO OTHER WEBSITES
CONTACTING MARANTEC WEBSITE
Last revision: May 15, 2008.