Acceptance of Terms. PLEASE READ THESE TERMS CAREFULLY. By accessing, using, viewing, transmitting, caching, storing, or otherwise utilizing the Website, you acknowledge that you have read and understand these Terms, and that you accept and agree to all the Terms as set forth below. If you do not agree to these Terms, you must exit and refrain from using the Website immediately.
Modification. Marcus reserves the right to change the Terms at any time without notice. You are responsible for keeping apprised of the current Terms; thus, Marcus encourages you to check the Terms periodically. Any changes or updates will be effective immediately upon the posting of the revised Terms to the Website. Your continued use of the Website constitutes your acceptance of any revised Terms. Notwithstanding the foregoing, Marcus will endeavor to provide notice of any material changes to the Terms by posting notice on the Website. Permitted Users. Marcus does not specifically target the Website and its applications to children under 13 years old. If you are under the age of 13, you should only use the Website and applications under the supervision of a parent or guardian.
Scope of Use. You may only use the Website for your personal and informational use. You agree that your use of the Website shall comply with all applicable laws, rules, and regulations. Further, you agree to only use the Website for legitimate purchases of products/services offered by Marcus through the Website, and not for any other purpose, including without limitation, impermissibly posting or assigning on third party websites or making speculative, false, or fraudulent purchases. You will not post abusive, harassing, harmful, or otherwise objectionable material of any kind onto the Website. You agree you will not use any robot, spider, or other technology to copy the Website or its contents, unless Marcus grants you express written permission. You also agree to not transmit any files or materials to the Website with any viruses, worms, malware, files, or programs that could damage, interfere with, destroy, or limit the functionality of the Website.
Third Parties. Third party content may be accessible to you through the Website, including through links to other websites. The Terms will no longer apply once a link or advertisement on the Website to visit another website is opened. Because Marcus has no control over such third party sites, you agree that Marcus does not endorse any third party site and is not responsible for the availability or content of such sites. If you navigate to any third party sites from the Website, you do so at your own risk and may be subject to the terms and conditions of such sites. Marcus does not assume any responsibility or liability with respect to any contact you may have with third parties or their websites.
Intellectual Property. Unless expressly stated otherwise, the content on the Website is the property of Marcus, its licensors, or suppliers. Such content includes, but is not limited to, text, graphics, images, logos, trademarks, applications, icons, user interface, and the arrangement of the Website. The Website includes and makes reference to materials subject to trademarks, patents, trade secrets, and other proprietary rights of Marcus, its affiliates, licensors, and/or suppliers. No license or right to that material is granted to you by your use of the Website. Your use of this protected content, including any modification, reproduction, distribution, sale, or circulation, for any non-personal purpose, is prohibited.
At Your Sole Risk. By using the Website, you agree to assume all risk of loss that may arise or be associated with such use. The Website and all related materials, information, software, and service are provided “as-is” and “as available.” MARCUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THE WEBSITE OR YOUR USE THEREOF, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. Marcus makes no warranties that the Website will be available, adequate, accurate, reliable, uninterrupted, complete, or error-free, or that the Website will be free of viruses, malware, or other material that may be harmful. Marcus is not responsible for any damages to your computer or any other device resulting from your use of the Website.
Limitation of Liability. You acknowledge that you pay no fees to Marcus for the use of the Website. Therefore, you hereby waive any claims against Marcus arising out of or in any way connected to your use of the Website. Under no circumstances shall Marcus be liable for any direct, indirect, exemplary, incidental, consequential, special, punitive, or similar damages arising, directly or indirectly, out of your access, use, or inability to use the Website, even if Marcus had been advised of the possibility of such damages or the damages were foreseeable. If you are dissatisfied with Website, your sole and exclusive remedy is to discontinue use of the Website.
Electronic Communication. The Website offers opportunities for you to communicate with Marcus electronically. By using any of Website’s communication features, you consent to receive electronic communications from Marcus. Marcus will communicate with you using only contact information you voluntarily provide.
Termination of Access. Marcus reserves the right, without notice, to block your email or IP address for any reason if Marcus believes you have breached any of these Terms.
Governing Law/Choice of Forum. These Terms and any dispute arising out of or related to these Terms or your use of the Website shall be governed, construed, and enforced in accordance with the laws of the State of Wisconsin, without regard to conflicts of laws of any jurisdiction.
You agree that all controversies and claims brought by you or by Marcus that arise out of these Terms or your use of the Website shall be submitted for arbitration before the American Arbitration Association pursuant to the Commercial Dispute Resolution Procedures and the Supplemental Procedures for Consumer Related Disputes. The place of the arbitration shall be Milwaukee, Wisconsin. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
WHETHER THE CLAIM PROCEEDS IN ARBITRATION OR COURT, YOU AND MARCUS AGREE TO WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN ANY CLAIMS AGAINST EACH OTHER THAT IS PART OF A REPRESENTATIVE OR CLASS ACTION PROCEEDING.
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