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TERMS OF USE

Agreement Between User and Marathon Equipment Company

Please read the following Terms of Use carefully. Your use of this Site, and all Sites provided by or on behalf of Marathon Equipment Company and Delaware Capital Formation, Inc. (collectively, “Marathon Equipment”), are governed by these Terms of Use and amendments thereto that Marathon Equipment may publish from time to time. Use of the Site by the User constitutes the User’s agreement to abide by the provisions set forth in the Terms of Use and to comply with all applicable laws and regulations. If you do not agree to the Terms of Use, please do not use this Site.

Copyrights

The "pages" or documents on the Site, or portions thereof, including but not limited to all text, graphics, software, and other files, as well as their selection and arrangement, (collectively, the "content") are the property of Marathon Equipment. Copyright © 2005 Marathon Equipment Company- All rights reserved. All such content is presented as a service to customers of Marathon Equipment and may not be copied, distributed, republished, framed, licensed, sublicensed, downloaded, displayed, posted, sold, resold, or transmitted, in any form or by any means, in whole or in part, without Marathon Equipment’s prior written permission, except that such content may be viewed, downloaded, printed and distributed subject to the following conditions:

1. The content may only be used for personal, noncommercial purposes; and,

2. Any copy of the content or portion thereof must include the following copyright notice: "Copyright © 2005 Marathon Equipment Company- All rights reserved” and must retain all other proprietary notices.

Any other use of the content from the Site without Marathon Equipment’s prior written authorization is prohibited. Any breach of the conditions herein will automatically terminate your permission to use the Site and its content.

Trademarks

Marathon Equipment owns or uses the following trademarks including, but are not limited to, the following: MARATHON, TRASHMINDER, GEMINI, ATLAS, FLEX-D-VIDER, AUG-JET, ROTARY RECYLING EQUIPMENT, QUIK CLEAN, VIP-LOCK, TRASH CHECK, TRASH COMMANDER, CYCON LIFE-XTENDER, PROLINER, JETPAK, V.I.P. VERT-I-PACK, ELIMINATOR, MINI-M.A.C., MAESTRO, RX SHREDDER, PARTS 1 STOP, RJ-250SC ULTRA, TIEGER, NEXDOOR, GALAXY, EZ-TRAX, ATLAS, TS-2000, SIGNATURE SERIES, BLOK PAK 3000, VERT-I-PACK, TRASH MANAGER, RAM JET, STOCK ROOM BALER BY MARATHON, APOLLO and NEXGEN. The trademarks may not be used or imitated, in or whole or in part, without the owner’s prior written authorization. In addition all page headers, custom graphics, button icons and scripts are the trademarks, service marks, or trade dress of Marathon Equipment, and may not be used or imitated without Marathon Equipment’s prior written authorization. All other trademarks, product names or logos on the Site are the property of their respective owners.

Patents

Products sold by Marathon Equipment, and its partners, may be covered by one or more of U.S. Patent Nos. 6,808,080, 6,742,790, 6,427,585, 6,332,746, 6,138,557, 6,068,440, 5,746,378, 5,575,201, 5,415,086, 5,353,698, 5,3390,307, 5,299,142, 5,297,481, 5,247,481, 5,247,880, 5,178,062, 5,044,271, 5,025,721, 4,817,520, 4,741,455, D450,062, and other patents, U.S. and foreign, pending.

Agreement Regarding Proprietary Rights

The Web site contains proprietary and confidential information of Marathon Equipment and its partners that is protected by copyrights, trademarks, patents, or other proprietary rights and laws. You agree that you will not infringe upon any copyright, trademark, patent or other proprietary rights of Marathon Equipment or its partners or suppliers, that you will not copy the Site in whole or in part except as expressly authorized herein, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any work or software or other products or processes accessed through or on the Site. You further agree not to access or provide access to the Site by means other than the interface provided by Marathon Equipment for use in accessing the Site, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree to immediately cease and desist any and all uses of Marathon Equipment’s trademarks, copyrighted content or other proprietary material upon request by Marathon Equipment.

Disclaimer Regarding Content, Product and Service Information

All content on the Site, including without limitation, all data, technical drawings, photographs, configurations, quote and order information, and product listings, is believed to be accurate. You, however, should independently evaluate the accuracy of the content and the suitability of any content, product, or service for your particular application and needs. Specifications are subject to change without notice. In addition, Marathon Equipment reserves the right to make changes — without notification to users of the Site and customers — to processing or materials that do not affect compliance with any applicable specification.

Links and Third Party Content

The Site may from time to time contain links to other websites. These links do not constitute an endorsement, sponsorship or recommendation by Marathon Equipment — nor a responsibility for — the linked website or any content, services or products available on or through the linked website. The Site also may contain material or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Marathon Equipment shall have no liability to you for any such third party material or information or for any goods, services, resources or content available through any third party or third party website, or for any harm related thereto.

User Conduct

In using the Site, you agree:

  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  • not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
  • not to create or use a false identity;
  • not to transmit through the Site any message, data, information, text or other content that is unlawful, inaccurate, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, sexually or adult oriented, inflammatory, promotes hate or racism, or is otherwise objectionable;
  • not to transmit through the Site any message, data, information, text or other content that would constitute or encourage a criminal offense, violate any intellectual property or other proprietary right of any party, or otherwise create liability or violate any local, state, national or international law or regulation.

Disclaimer of Warranties

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MARATHON EQUIPMENT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MARATHON EQUIPMENT DOES NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES MARATHON EQUIPMENT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARATHON EQUIPMENT OR VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MARATHON EQUIPMENT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MARATHON EQUIPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Marathon Equipment, its parents, subsidiaries, affiliates, officers, partners, directors, employees, agents and suppliers from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any content you transmit via the Site, or your violation of the Terms of Use.

Privacy

You agree that we may disclose personal information we collect from you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, to protect the rights, property or safety of Marathon Equipment, or others.

Communications with Marathon Equipment

You agree that any communications you may have with Marathon Equipment, including without limitation, questions, comments, suggestions, ideas, drawings, or original material or information, are non-confidential and shall become the sole property of Marathon Equipment upon transmission of such communications to Marathon Equipment via e-mail or other means. Marathon Equipment shall own the exclusive rights to such communications, and shall be entitled to their unrestricted use for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You agree that Marathon Equipment may contact you by email or otherwise.

Changes to These Terms of Use

Marathon Equipment may change these Terms of Use from time to time, and reserves the right to do so. We need not inform you of changes to the Terms of Use. Your continued use of the Site after we have posted any such changes to the Terms of Use constitutes your acceptance of any such changes.

Changes to the Site

Marathon Equipment may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site or any services offered via the Site, temporarily or permanently, without notice to you, and you agree that Marathon Equipment shall not be liable therefore.

Termination

Marathon Equipment reserves the right to terminate your license to use the Site, and to block or otherwise prevent your future access to and use of the Site, with or without notice to you, and at Marathon Equipment’s sole discretion. You agree that Marathon Equipment shall not be liable for any termination of your use of or access to the Site, or for any harm caused thereby. In the event of any termination of the Terms of Use or your use of or access to the Site, you agree that the provisions regarding Agreement Regarding Proprietary Rights, Product Purchases, Disclaimer of Warranties, Limitations of Liability, Privacy, Indemnification, Termination, Applicable Law and General shall survive any such termination.

U.S. Government Restricted Rights

The content on the Site is provided to government users with no greater than "Restricted Rights" as set forth in applicable laws and regulations, and use, duplication or disclosure by the government is subject to such restrictions. Use of the content on the Site constitutes acknowledgement of Marathon Equipment’s proprietary rights in such content.

International Users

The Site is controlled, operated and administered by Marathon Equipment from its offices within the United States of America. Marathon Equipment makes no representation that the materials or Content available through the Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents is illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Alabama, U.S.A. without giving effect to conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Vernon, Alabama U.S.A. You agree that any claim or cause of action arising out of or related to these Terms of Use or to any Site use must commence within one year after the claim or cause of action arose; otherwise such claim or cause of action is permanently barred, regardless of any statute of limitations to the contrary.

General

Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of the parties as reflected by that provision, shall be deemed severable from these Terms of Use, and shall not affect the validity or enforceability of the remaining provisions. Any failure by Marathon Equipment to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.