Marlite, Inc. Terms & Conditions of Use

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

WELCOME TO MARLITE.COM

This Website, including all of its features and content (the “Website”) is made available by Marlite, Inc. or its affiliates (“Marlite”) and all content, information, services, products, systems and software ordered or provided on or through this Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”). Please read these Terms of Use carefully. By accessing, using or downloading material from this Website, you agree to be bound by these Terms of Use just as if you had signed these Terms of Use. If you do not agree to be bound by these Terms of Use, do not use this Website or download any Content or materials from this Website. Marlite reserves the right to update, amend or modify these Terms of Use at any time and without prior notice to you. As a result of the above, Marlite recommends that you review these Terms of Use whenever you use this Website.

1. Website Use. As a user of this Website you are granted nonexclusive access to and use of this Website and Content in accordance with these Terms of Use. Marlite may terminate your use and access to this Website at any time for any reason.

2. Limitations on Use. The Content on this Website is for your personal use. As provided in the Copyright and Trademark link hereinafter provided, you may download or copy the Content and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related products, system or software identified herein. All Content, including the software used on this Website is the property of Marlite and protected by United States and/or international copyright laws and treaties. The Content and software on this Website may be used only as a shopping resource. Any other use of this Website or the Content is strictly prohibited. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website or the Content. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.

3. Intellectual Property Rights. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under any copyright, trademark or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. For further information, see the Copyright and Trademark link under these Terms of Use. Content in the pages, in the screens displaying the pages, and in the information, materials and other Content contained in this Website are owned by Marlite unless otherwise indicated and is protected by United States and/or international copyright laws and treaties. Except as expressly permitted herein, the information, materials and Content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes without the express written consent of Marlite. No solicitation is made by Marlite to any person to use any information, products, services, systems, or materials in a jurisdiction where such information, products, services, systems, or materials is prohibited by law. [Link to copyright and trademark.]

4. Linking to this Website. You may not provide links to this Website without the express written consent of Marlite. If you wish to provide links to a section within this Website, you should forward your request to Marlite at websitecompliance@marlite.com and Marlite will notify you in writing if permission is granted, and if so, the terms and conditions of the permission.

5. Website Security. You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitted a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” or (d) sending unsolicited e-mail, including promotions and/or advertising or products or services. Violations of system or network security may result in civil or criminal liability. Marlite will investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Marlite on this Website and other than generally available third party web browsers.

6. Non-Solicitation. You shall not distribute on or through this Website any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Marlite. Notwithstanding the foregoing, in any interactive areas of this Website, where appropriate, you may list along with your name, address and e-mail address, your own web site’s URL. In no event may any person or entity solicit anyone with data retrieved from this Website.

7. Registration. Certain sections of this Website may require you to register. If registration is requested, you agree to provide Marlite with accurate and complete registration information. It is your responsibility to inform Marlite of any changes to that information. Each registration is for a single individual or entity only, unless specifically designated otherwise on the registration page. Marlite does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Marlite immediately by e-mailing http:///websitecompliance@marlite.com, attention: Website Compliance Officer.

8. Errors and Corrections. Marlite does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Marlite does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. Marlite may make improvements and/or changes to its features, functionality or Content at any time. Marlite shall not be liable for any loss or liability resulting directly or indirectly from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walk-outs, fire, acts of God, acts of terrorism, armed conflicts, acts of war or like causes. Access to and use of the Website is at your own risk and Marlite does not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, or otherwise minimize or eliminate the inherent risks of the internet, including, but not limited to loss of data, computer virus infection, spyware, malicious software, trojans and worms. Also, Marlite accepts no liability in respect of losses or damages arising out of changes made to the Content of the Website by unauthorized third parties.

9. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. Marlite shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Marlite.

10. DISCLAIMER OF WARRANTIES. THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEBSITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE OR THE CONTENT.

11. LIMITATION OF LIABILITY. MARLITE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE, THE CONTENT, THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. MARLITE SHALL NOT UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DEALING IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OF SYSTEM FAILURE, EVEN IF MARLITE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MARLITE’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

12. Indemnification. You agree to indemnify, defend and hold harmless Marlite, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.

13. Third Party Rights. The provisions of paragraphs 10 (Disclaimer of Warranties), 11 (Limitation of Liability), and 12 (Indemnification) are for the benefit of Marlite and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. Unlawful Activity. Marlite reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

15. Remedies for Violations. Marlite reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Website and any other Marlite Web sites and their features.

16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of Ohio and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Tuscarawas County, Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. 17. Additional Terms.

17.1. Privacy. Your use of this Website is subject to Marlite’s Privacy Policy. [Link to Privacy Policy].

17.2. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Website, the Privacy Policy and the Marlite Terms and Conditions of Sale and constitute the entire agreement with respect to access to and use of this Website and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the Marlite Terms and Conditions of Sale then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with Marlite that applies to your use of any of Marlite’s Content, that agreement constitutes the entire agreement between you and Marlite with respect to the affected Content subject thereto (the "Otherwise Covered Content"), and these Terms of Use shall be treated as having no force or effect with respect to the Otherwise Covered Content.

17.3. Modifications to Terms of Use. Marlite reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Website after any such changes constitutes your consent to such changes.

17.4 Ownership. You acknowledge and agree that Marlite owns all legal rights, title and interest in and to the Content and Website, including any Marlite trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Marlite’s prior written permission. Except as expressly provided herein, Marlite does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

18. DCMA Copyright Infringement Claim. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), notifications of claimed copyright infringement as hereinafter provided, should be sent to info@marlite.com, attention: Website Compliance Officer. INQUIRIES NOT COMPLIANT WITH THE PROCEDURE OUTLINED MAY NOT RECEIVE A RESPONSE. Marlite respects the intellectual property and related rights of others. Users of this Website agree to respect the intellectual property and related rights of others. Pursuant to the DMCA, notice of claimed copyright infringement by third parties should be sent to websitecompliance@marlite.com, attention: Website Compliance Officer. If you believe that your work has been copied in any way in this Website that constitutes copyright infringement, the following information must be communicated in writing to Marlite:

1. Identification and/or description of the copyright work claimed to have been infringed;

2. Identification and/or description of the alleged infringing material and/or content herein and where such alleged infringing material or content is located;

3. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law;

4. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly being infringed;

5. Information reasonably sufficient to permit Marlite to contact you, the complaining party, such as an address, telephone number and if available, an electronic mail address at which you may be contacted; and

6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

• By mail at:

Marlite, Inc.
Web Site Compliance Officer
202 Harger Street
Dover, Ohio 44622

• By email: info@marlite.com, attention: Website Compliance Officer;