Terms of Use

Terms of Service

Last Modified November 1, 2018

Please read all of these terms of service (the “Terms of Service”) carefully before using our websites, email notifications, or other online services (the “Services”). Marotta.com (the “Site”) is the property of Marotta Controls, Inc., a New Jersey corporation. By accessing or using the Site or the Services, you (the “User”) confirm that you have read, understand, and agree to be bound by these Terms of Service. These Terms of Service govern your access and use of the Site and all content, services, and/or products provided through the Service.

Eligibility and Use of Site

This Site may be used for informational purposes only. This Site and the Services are intended solely for users who are eighteen (18) years of age or older, and any use of, or access to, the Site or the Services by anyone under the age of eighteen (18) years of age is unauthorized, unlicensed, and is in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by the terms and conditions of the Terms of Service. We reserve the right to request proof of age at any point to verify that individuals under 18 years of age are not using the Site or the Service. If we become aware that an individual under 18 years of age is using the Site or the Service, we reserve the right to prohibit and block such individual from using the Site or Service.
The Site and the Service may not be used by any person or entity in any jurisdiction where the provision or use of the Site or the Service would be contrary to the respective applicable laws, rules or regulations of any governmental authority.

Disclaimers

THIS SITE, THE INFORMATION, MATERIALS AND OPERATION OF THE SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. UNDER NO CIRCUMSTANCES WHATSOEVER SHALL MAROTTA CONTROLS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES INCIDENTAL DAMAGES OR NOMINAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIAL CONTAINED IN THIS WEBSITE, EVEN IF MAROTTA CONTROLS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAROTTA CONTROLS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Marotta Controls, Inc. does not warrant the accuracy or completeness of the materials and content contained on this site and reserves the right to correct any errors or omissions to site content at any time without notice and without obligation to the users of this site.

ALL SPECIFICATIONS SHOWN FOR PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL PERFORMANCE RESULTS SHOWN FOR PRODUCTS ARE UNDER STATED CONDITIONS. PERFORMANCE RESULTS UNDER YOUR CONDITIONS MAY VARY.

The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, or any Third Party Content posted on or through the Site or the Services or transmitted to Users.

We reserve the right to change any and all content contained in the Site and the Services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Marotta Controls, Inc.

Third Party Sites

Any links to sites of third parties are solely provided as a convenience to the users of the www.marotta.com website. We do not guarantee the accuracy of any Third Party Content. Although we provide access to Third Party Content on the Site, Marotta Controls Inc., is not responsible for the content of any external link or any offensive, inappropriate, obscene, unlawful or otherwise objectionable content that may be encountered in connection with the Third Party Content. Marotta Controls, Inc. makes no warranty or representation as to the content of any such third party sites and shall have no liability in connection with the use of such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should also be aware that the terms and conditions and privacy policies of Third Party Sites may be different from those applicable to your use of the Site and Services.

Copyright Policy

Copyright © 2018 Marotta Controls, Inc. All rights reserved. All content on this site is the exclusive property of Marotta Controls, Inc., its subsidiaries, its affiliated companies or its licensors and is protected by the U.S. and international copyright laws. Any reproduction, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.

If you believe that any material on the Site violates this Agreement or your intellectual property rights, please notify Marotta as soon as possible by sending an email to Marketing Manager Katee Glass via the address provided below, with the following information in accordance with Section 512(c) of the Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Marotta’s agent may be contacted via:

Phone: 973-334-7800

Email: support@marottacontrols.com

Address : 78 Boonton Avenue P.O. Box 427
Montville, NJ 07045-0427
United States

Trademark Notice

All trademarks, service marks, logos and emblems displayed on this site are registered and unregistered trademarks of Marotta Controls, Inc., its affiliates, or third parties. The use of any trademark on this site is strictly prohibited. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Marotta Controls, Inc. or the applicable third party.

Proprietary Rights in Site Content; Limited License

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the ‘Site Content’), is Marotta Controls, Inc. proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that, if you are eligible for use of the Site, you are granted a limited, revocable, license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep such portions confidential and all copyright or other proprietary notices intact. You may not, without our express written consent, republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Marotta Controls, Inc., is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.

You agree that Marotta Controls, Inc. may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your personal information, and usage history in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Marotta Controls, Inc., its users, or the public.

Privacy

Please review our Privacy Policy, which describes how we treat your personal data and protect your privacy. By using the Site or the Service, you are consenting to our Privacy Policy and to having your personal data transferred to and processed in the United States.

Updates

You must keep us informed of any change in your name, e-mail address, or your telephone number so that we can maintain communications with you in connection with your use of the Service. You may contact us by email at: support@marottacontrols.com.

Jurisdiction and Governing Law

This Site is created and controlled by Marotta Controls, Inc. in the state of New Jersey, U.S.A. You may not use the Site or export the materials in violation of U.S. export laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws. No material from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. By downloading or using the material contained in this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The use of this website and the construction of these Terms of Service shall be governed by the laws of the state of New Jersey, U.S.A., without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. By using this site, a user consents and agrees to submit to the personal and exclusive jurisdiction of the State of New Jersey, U.S.A. and that all disputes and matters whatsoever which arise in connection with the use of this website shall be litigated, if at all, in and before a court located in the State of New Jersey, USA, to the exclusion of the Courts of any other state or country. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.

Indemnity

You agree to indemnify and hold Marotta Controls, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, shareholders, employees and representatives, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Site or the Services, your conduct in connection with the Site or the Services, or any violation of these Terms of Service or of any law or the rights of any third party.

Termination

Marotta Controls, Inc. may terminate your access to all or any part of the Site and Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Site. All provisions of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Changes to These Terms of Service

We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates to these Terms on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms.

Waiver

The failure by Marotta Controls, Inc. to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement

These terms and conditions constitute the entire agreement between a user of this website and Marotta Controls, Inc. regarding the subject matter herein. This agreement shall not be modified except in writing, signed by both the user and an authorized representative of Marotta Controls, Inc.