Legal Resources For Vendors
Terms and Conditions of Purchase: Vendor Legal Terms and Conditions
Terms of Use
The website displayed at www.marathoncheese.com (this "Site") is operated by Marathon Cheese Corporation ("Marathon Cheese"). Your use of and access to this Site is conditional upon your acceptance of these Terms of Use and our Privacy Policy. We reserve the right, in our sole discretion, to modify or update these Terms of Use from time to time with immediate effect. It is your responsibility to review these Terms of Use periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY, PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE, BY ACCESSING AND USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY.
Rights to Contents and Intellectual Property
The copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Marathon Cheese, its affiliates, subsidiaries, or third party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without Marathon Cheese's express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Marathon Cheese and may not be used by you without the prior written consent of Marathon Cheese or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on this Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Use of this Site
Marathon Cheese maintains this Site for your entertainment, information and education. You should feel free to browse this Site and may download material displayed on this Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with Marathon Cheese's express prior written consent. All rights not expressly granted here are reserved to Marathon Cheese.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process ("Tools") to access, acquire, copy or monitor any portion of this Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through this Site. Tools that use this Site shall be considered agents of the individual(s) who control or author them. These individuals shall be ultimately responsible for the actions and behavior of their Tools on this Site and any violations of these Terms of Use as a result thereof.
You may not attempt by hacking, password mining, or any other illegitimate means to gain access to, test, scan, or probe the vulnerability of, or trace, seek to trace, reverse lookup, or reveal information about another user of this Site, or any other Marathon Cheese system, network, or server. You may not use this Site for a purpose that is unlawful or violates these Terms of Use, or to solicit activity that is illegal or infringes on the rights of Marathon Cheese or others.
No Warranties
MARATHON CHEESE DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors. Marathon Cheese does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the price and availability of products or services on this Site may change without notice to you at any time at Marathon Cheese's sole discretion.
Marathon Cheese also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, text, images, video or audio from this Site or any linked sites.
Exception for EU Citizens: If you are a resident in the European Union, Marathon Cheese does not exclude or limit its liability for death or personal injury resulting from its negligence.
Limitation of Liability
In no event shall Marathon Cheese, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of this Site, that your use of this Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Marathon Cheese harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of this Site.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Marathon Cheese will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with this Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Termination
At its sole discretion, Marathon Cheese may modify or discontinue this Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
User Name and Password
You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Marathon Cheese of any unauthorized use of your user name or password or any other breach of security. You may be liable to Marathon Cheese for unauthorized use of your user name and password or as a consequence of your failing to keep your account information confidential. We have the right to disable any user name or password at any time if, in our opinion, you have violated any provision of the Terms of Use.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by Marathon Cheese or its affiliates do not imply endorsement of that product, publication or site. Marathon Cheese has not reviewed all material linked to this Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Linking Policy from this Site to Third-Party Websites
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Marathon Cheese. Each linked website has its own terms and conditions of use, as described in that site's legal notice/terms of use. Those terms and conditions may be different than these Terms of Use, and we urge you to read each website's legal notice/terms of use carefully before you use that site. Marathon Cheese does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Marathon Cheese does not endorse the content or any products or services available on such sites. If you link to such sites, you do so at your own risk.
Linking Policy from Third-Party Websites to this Site
You may link to this Site so long as the conditions in this section are met. You do not create frames or border environments around any page or materials on this Site or use other techniques that alter in any way the visual presentation or appearance of any content within this Site. You do not create comparisons of Marathon Cheese products or services with competitive products or services. You do not replicate any materials from this Site or any Marathon Cheese logo or trademark. You do not misrepresent your relationship with Marathon Cheese. You do not imply that Marathon Cheese approves or endorses the linking party, the linking party's website, or the linking party's service or product offerings in any way. You do not present false or misleading impressions about Marathon Cheese or otherwise damage the goodwill associated with Marathon Cheese's name and trademarks. The linked site does not contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law. The linked site does not contain content that could be construed as obscene, pornographic, or sexually explicit.
As a further condition to being permitted to link to this Site, the linking party agrees that Marathon Cheese may at any time, at its sole discretion, terminate permission to link to this Site. In such event, the linking party agrees to immediately remove all links to this Site.
By linking to this Site, the linking party agrees to defend, indemnify and hold Marathon Cheese and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses, including (without limitation) attorneys' fees and costs of defense, arising from any such link. Marathon Cheese shall have no liability for any indirect, exemplary, incidental, punitive, special or consequential damages with regard to the linking or use of such link. Marathon Cheese makes no warranties of any kind, express or implied, with respect to such links.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of this Site shall be deemed acceptance of and consent to, the laws of the State of Wisconsin, United States of America, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons in all locations or that Marathon Cheese intends to make such products or services available in such countries. Any offer for any product, feature, service or application made on this Site is void where prohibited. Your information will be transferred to Marathon Cheese, located in the State of Wisconsin, United States, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
Effective December 4, 2018
Privacy Policy
Welcome to the Internet site (this "Site") of Marathon Cheese Corporation ("Marathon Cheese"). Marathon Cheese wants you to know what information we learn about you when you visit this Site, what we do with that information and any other information you voluntarily provide us through this Site or by other means and how you can view or change the information we have. This Privacy Policy describes our information collection and use practices on this Site. It does not apply to information you might provide on another site operated by us, or one of our partners or affiliates.
Information Collected at This Site
There are two types of information that we can collect as you browse and use this site. Each type of information can be used in a different way.
- Internet-Related Information - generic statistical and demographic information that we gather passively from visitors to this Site.
- Personal Information that you provide when registering, or making contact with us.
Internet-Related Information Gathered Passively
We collected Internet-Related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to this Site, the country, state, the pages of our Site that you viewed during your visit and any search terms entered on our Site. We collected Internet-Related Information from some Site pages and HTML-formatted e-mail messages using pixel tags, web beacons, clear GIFs or other similar technology. These may be used to track the actions of Site users and e-mail recipients, measure the success of Marathon Cheese marketing campaigns and compile statistics about Site usage and response rates. In certain circumstances, Internet-Related Information may also be considered Personal Information.
Internet-Related Information is gathered for purposes of system administration, broad demographic information, and to monitor the level of activity on our Site. We track visitors' traffic patterns throughout their online sessions, including which pages or specific URLs a visitor views while using this Site. We use your Internet-Related Information to diagnose problems with our servers and software and to administer our Site. We may share aggregated statistics about pages viewed on our Site and sales and other shopping information with third parties, but such information is not considered Personal Information as it will not directly or indirectly reveal your identity.
Actively Collected Personal Information You Provide
If you provide information about yourself by registering on a page or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances: (1) where we need to perform the contract we are about to enter into or have entered into with you; (2) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and (3) where we need to comply with a legal obligation. We may also contact you by e-mail message, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events and changes to this Site. If you do not wish to be contacted by all or any of these methods, you may let us know by contacting us. Please be sure to give us your exact name and address, and your detailed request so we can respond appropriately. We will get your express opt-in consent before we share your Personal Information with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
Sharing Information
We employ other companies to perform certain functions on our behalf, such as services related to the design, maintenance and improvement of this Site and our database and related systems. These companies have access to your information. Regardless of whether you have provided us with consent, we will share your information with those companies that perform certain functions on our behalf under contract to us, and as may be necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant and permitted by law. Marathon Cheese will also assign, sell, license, or otherwise transfer to a third party your name, address, e-mail address, member name and any other Personal Information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the assets, business or stock of Marathon Cheese or any of its product lines. We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.
Use of Site by Children
Marathon Cheese does not target this Site to children less than fourteen (14) years of age or knowingly collect information from children for the purpose of selling products or services.
Retention Period
Marathon Cheese will retain your Internet-Related Information and Personal Information for the period necessary to fulfill the purpose outlined in this Privacy Policy unless a longer retention period is required or allowed by law.
Links to Other Websites
On this Site, we may provide links to other websites, including sites operated by us, our partners, associates, or independent third parties. These links are provided as a convenience to you. Each website has its own privacy practices, as described in that site's privacy policy. Those practices may be different than the practices described herein, and we urge you to read each website's privacy policy carefully before you use or submit information to that site. Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot and are not responsible for any information that you may submit at that site.
Where We Store Your Personal Information
Your Personal Information will be kept in a database held on servers kept in a physically and technologically secure environment located in Wisconsin, USA, accessed only by authorized personnel or contractors who are bound to keep your information confidential. We have in place procedures for training our employees about their obligations under this Privacy Policy, disciplining them for failure to follow this Privacy Policy. We also have in place internal procedures to confirm general company compliance with this Privacy Policy.
Although we will use all reasonable efforts to safeguard the confidentiality of any Personal Information collected, we will not be liable for disclosure of Personal Information obtained due to errors in transmission or the unauthorized acts of third parties, unless otherwise provided by applicable law.
User Name and Password
You acknowledge and agree that you are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Marathon Cheese of any unauthorized use of your user name or password or any other breach of security. You may be liable to Marathon Cheese for unauthorized use of your user name and password or as a consequence of your failing to keep your account information confidential. We have the right to disable any user name or password at any time if, in our opinion, you have violated any provision of the Terms of Use.
Sensitive Information
Do not send or disclose any sensitive information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through this Site.
Compliance with Data Privacy Requirements Globally
Information we collect outside of the United States may be stored, processed and/or transferred to the United States or to any other country or territory where Marathon Cheese, its affiliates, subsidiaries, third party licensors or third party service providers are located or maintain facilities. While other territories may not have the same standards of data protection as those within your home country, we will continue to protect your Personal Information we transfer in accordance with this Privacy Policy.
European Economic Area: Where your Personal Information is transferred outside the European Economic Area, we will ensure that any such transfer protects your legitimate interests and, where required, will implement adequate security measures, in line with applicable laws.
Under certain circumstances, you have rights under data protection laws in relation to your Personal Information including the following:
- Request access to your Personal Information.
- Request correction of your Personal Information.
- Request erasure of your Personal Information.
- Object to processing of your Personal Information.
- Request restriction of processing your Personal Information.
- Request transfer of your Personal Information.
- Right to withdraw consent.
California Residents: Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of Personal Information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.
Cookies
When you visit this Site, we may leave a "Cookie" in the memory of your Web browser. This Site may only function properly if Cookies are enabled. This Site uses persistent Cookies to authenticate you as a user and display content that is relevant and specific to you. Cookies are very small files that store information about your visit to and use of this Site. Most major commercial Internet sites use them and they make your Internet surfing more useful and less time-consuming for you because they store information that is reusable each time you visit this Site, such as birthday and other preferences you have chosen to share with us. Cookies cannot access and read the files on your hard drive and cannot be used as a virus. They do allow us to provide information and products that are more meaningful to you without asking you the same questions every time you visit us. We hope you will want the better service that Cookies allow but, if you prefer, you can set your browser to refuse Cookies. However by doing that, you may not be able to access this Site.
We reserve the right to change or update this policy at any time by posting a notice that we are changing our Privacy Policy or by sending an e-mail message to previously registered visitors.
Contact Us
If you need information or have any questions or concerns about this Privacy Policy or our use of your Personal Information, you may contact us.
This policy is effective as of December 4, 2018.
Contact Us
