The website displayed at www.marathoncheese.com (this "Site") is operated by Marathon Cheese Corporation ("Marathon Cheese"). Your use of and access to this Site is conditional upon your acceptance of these Terms of Use and our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Rights to Contents and Intellectual Property
The copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Marathon Cheese, its affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Marathon Cheese's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Marathon Cheese and may not be used by you without the prior written consent of Marathon Cheese or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on this Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
Marathon Cheese maintains this Site for your entertainment, information and education. You should feel free to browse this Site and may download material displayed on this Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Marathon Cheese's express prior written consent. All rights not expressly granted here are reserved to Marathon Cheese.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of this Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through this Site. Tools that use this Site shall be considered agents of the individual(s) who control or author them. These individuals shall be ultimately responsible for the actions and behavior of their Tools on this Site and any violations of these Terms of Use as a result thereof.
You may not attempt by hacking, password mining, or any other illegitimate means to gain access to, test, scan, or probe the vulnerability of, or trace, seek to trace, reverse lookup, or reveal information about another user of this Site, or any other Marathon Cheese system, network, or server. You may not use this Site for a purpose that is unlawful or violates these Terms of Use, or to solicit activity that is illegal or infringes on the rights of Marathon Cheese or others.
No Warranties
MARATHON CHEESE DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors. Marathon Cheese does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the price and availability of products or services on this Site may change without notice to you at any time at Marathon Cheese's sole discretion.
Marathon Cheese also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, text, images, video or audio from this Site or any linked sites.
Exception for EU Citizens: If you are a resident in the European Union, Marathon Cheese does not exclude or limit its liability for death or personal injury resulting from its negligence.
Limitation of Liability
In no event shall Marathon Cheese, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of this Site, that your use of this Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Marathon Cheese harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of this Site.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Marathon Cheese will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with this Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Termination
At its sole discretion, Marathon Cheese may modify or discontinue this Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
User Name and Password
You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Marathon Cheese of any unauthorized use of your user name or password or any other breach of security. You may be liable to Marathon Cheese for unauthorized use of your user name and password or as a consequence of your failing to keep your account information confidential. We have the right to disable any user name or password at any time if, in our opinion, you have violated any provision of the Terms of Use.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Marathon Cheese or its affiliates do not imply endorsement of that product, publication or site. Marathon Cheese has not reviewed all material linked to this Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Linking Policy from this Site to Third-Party Websites
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Marathon Cheese. Each linked website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Marathon Cheese does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Marathon Cheese does not endorse the content or any products or services available on such sites. If you link to such sites, you do so at your own risk.
Linking Policy from Third-Party Websites to this Site
You may link to this Site so long as the conditions in this section are met. You do not create frames or border environments around any page or materials on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site. You do not create comparisons of Marathon Cheese products or services with competitive products or services. You do not replicate any materials from this Site or any Marathon Cheese logo or trademark. You do not misrepresent your relationship with Marathon Cheese. You do not imply that Marathon Cheese approves or endorses the linking party, the linking party's website, or the linking party's service or product offerings in any way. You do not present false or misleading impressions about Marathon Cheese or otherwise damage the goodwill associated with Marathon Cheese's name and trademarks. The linked site does not contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law. The linked site does not contain content that could be construed as obscene, pornographic, or sexually explicit.
As a further condition to being permitted to link to this Site, the linking party agrees that Marathon Cheese may at any time, at its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.
By linking to this Site, the linking party agrees to defend, indemnify and hold Marathon Cheese and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses, including (without limitation) attorneys' fees and costs of defense, arising from any such link. Marathon Cheese shall have no liability for any indirect, exemplary, incidental, punitive, special or consequential damages with regard to the linking or use of such link. Marathon Cheese makes no warranties of any kind, express or implied, with respect to such links.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of this Site shall be deemed acceptance of and consent to, the laws of the State of Wisconsin, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons in all locations or that Marathon Cheese intends to make such products or services available in such countries. Any offer for any product, feature, service or application made on this Site is void where prohibited. Your information will be transferred to Marathon Cheese, located in the State of Wisconsin, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Effective December 4, 2018
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