TERMS OF USE
Last updated: January 6, 2020
By using the Sites, you are agreeing to be bound by these Terms of Use, which shall govern all aspects of your use of the Sites. If you do not agree to these Terms of Use, you should not use the Sites. Please read these Terms of Use carefully to understand your rights. Any defined terms herein shall have the meaning ascribed to them in our Privacy Policy.
CHANGES TO TERMS OF USE
Marco’s reserves the right to change these Terms of Use at any time in our sole discretion, with or without notice to you. The most current version of these Terms of Use will supersede all previous versions. It is your responsibility to review the Terms of Use regularly for updates.
PRIVACY
Any information submitted on the Sites is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our current Privacy Policy to understand how Marco’s collects, uses, and shares the information it collects from you, and your choices regarding our collection and use of such information.
USER CONDUCT
You agree to use the Sites in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:
modify, adapt, translate, or reverse engineer any portion of the Sites;
use the Sites for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
use the Sites in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
frame or mirror any portion or feature of the Sites;
use the Sites for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Sites; (2) reproduce or circumvent the navigational structure or presentation of the Sites; (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Sites;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or with any other person’s use or enjoyment of the Sites;
transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of Marco’s;
forge headers or otherwise manipulate identifiers;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
submit or post any false or misleading information; and/or
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of Marco’s or any other third party.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Sites, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
INTELLECTUAL PROPERTY NOTICE
The Sites contain (i) many valuable trademarks and service marks owned and used by MP Marks, LLC and licensed to Marco’s for use in the Marco’s Pizza system, and (ii) text, graphics and HTML code which are copyrighted materials of Marco’s (collectively, the “Marco’s IP”). The absence of a trademark or copyright notice or legend indicating the registration or ownership by MP Marks, LLC and/or Marco’s anywhere in the text of the Sites does not constitute a waiver of MP Marks, LLC or Marco’s trademark, copyright, or other intellectual property rights concerning that item, or any other item, of Marco’s IP. Marco’s reserves all legal rights with respect to the Marco’s IP. Nothing contained on the Sites should be construed as granting by implication or otherwise any license or right to use the Marco’s IP, and you are strictly prohibited from using, copying, or commercially disseminating the Marco’s IP in any manner whatsoever unless we have given our prior express written permission for you to do so. Please be advised that MP Marks, LLC and Marco’s will enforce its intellectual property rights to the fullest extent of the law.
NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and expect our users to do the same. We will terminate the accounts of any users who repeatedly infringe the copyrights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the Sites has infringed your intellectual property rights.
The notification must include:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing to be the subject of infringing activity, and information reasonably sufficient to permit Marco’s Pizza to locate the material on the Site;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner.
RESPONSE NOTICE BY ALLEGED INFRINGER
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.
That written communication should include the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of the infringement pursuant to the above.
Please send all notices of alleged copyright infringement by email or mail to our Designated Agent under the DMCA listed below:
Marco’s Franchising, LLC
5252 Monroe St., 2nd Floor
Toledo, Ohio 43623
Attn: Legal Department
legal@marcos.com
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Designated Agent for Notice.
Please do not send notices or inquiries about anything other than alleged copyright infringement to our Designated Agent for Notice.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND ALL CONTENT INCLUDED ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCO’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. MARCO’S MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY CONTENTS ON THE SITES WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THATANY DEFENTS WILL BE CORRECTED. MARCO’S FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SITES.
IN NO EVENT SHALL MARCO’S BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF (I) YOUR ACCESS/USE OR INABILITY TO ACCESS/USE THE SITES, (II) ANY OF THE INFORMATION CONTAINED ON THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Marco’s and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising directly or indirectly from your use of and access to the Sites, your violation of any provision of these Terms of Use, and your violation of any third-party right under applicable law. This defense and indemnification obligation will survive these Terms of Use and your use of the Sites.
GENERAL
You affirm that you are over the age of 13, and either more than 18 years of age or possess legal parental or guardian consent, and are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Marco’s without restriction. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that the Sites shall be deemed solely based in the state of Ohio, and that the Sites do not give rise to personal jurisdiction over Marco’s in any jurisdiction other than Ohio. These Terms of Use shall be governed by the laws of the state of Ohio, without respect to its conflict of laws principles.
These Terms of Use, together with the Privacy Policy and any other legal notices published by Marco’s, shall constitute the entire agreement between you and Marco’s concerning the Sites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Marco’s to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
