MARVIN REPLACEMENT, LLC (“THE COMPANY”, “WE” OR “US”) TERMS OF SERVICE

THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND THE COMPANY. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: MARVINREPLACEMENT.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO THE SITE BY THE COMPANY, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"). UNLESS OTHERWISE SPECIFIED, ALL REFERENCES TO “SITE” INCLUDE THE CONTENT, SERVICES AVAILABLE THROUGH THIS SITE (THE "SERVICES") AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.

Introduction

Marvin Replacement, LLC (“Marvin Replacement”) operates this website (the "Site") to provide online access to information about Marvin Replacement, and the products and services we provide (the "Service").

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also posted in particular areas of the Site (together with these Terms of Use, the “Agreement”) and govern your use of those areas.

Marvin Replacement reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. The last date this Agreement was revised is set forth below.

Intellectual Property

The Service, the Site, and all information and/or content that you see, hear or otherwise experience on or download from the Site, including without limitation all design drawings and product specifications, (collectively, the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to Marvin Replacement or its affiliates, licensors, contributors or third parties. The design drawings and product specifications are the exclusive property of Marvin Replacement.

You may use the Site, the Service, and the Content solely for your personal or internal, non-commercial use. You may download, print and store portions of the Content that you select, provided that you:

  • only use these copies of the Content for your own personal or internal, non-commercial use;

  • except as provided in this Agreement, do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media or modify or create derivative works of any Content; and

  • do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

You may not use any of the marks or logos appearing throughout the Site without express written consent from Marvin Replacement (or the trademark owner, as applicable), except as permitted by law.

The following activities are prohibited: Site scraping of any kind; mirroring or framing any page of this Site; deep linking to the Site.

PRODUCT ORDERS & PAYMENT PORTAL

Marvin Replacement cannot guarantee the availability of any particular product displayed on the Site. Any product prices offered on the Site may differ from other advertised prices, which may vary among different geographic markets. All purchases are subject to the separate written agreement, including without limitation the Terms of Sale. The Payment Portal is operated by a third party and Marvin Replacement is not responsible for its functionality. Use of the Payment Portal is subject to the terms and conditions and privacy policy of the third-party provider.

DISCLAIMER OF WARRANTIES

MARVIN REPLACEMENT MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MARVIN REPLACEMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT. MARVIN REPLACEMENT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. MARVIN REPLACEMENT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, MARVIN REPLACEMENT MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO ANY SOFTWARE AVAILABLE OR ACCESSIBLE VIA THE SITE. MARVIN REPLACEMENT PROVIDES SUCH AVAILABILITY OR ACCESSIBILITY SOLELY AS A CONVENIENCE TO SITE USERS AND ANY SOFTWARE IS PROVIDED, "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

ADDITIONAL DISCLAIMERS

Third Party Links. Links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Marvin Replacement of the third party, the third-party website, or the information contained therein, and Marvin Replacement is not responsible or liable for, any such website or its functionality or content.

Downloading Files. Marvin Replacement cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with the user.

LIMITATION OF LIABILITY

IN NO EVENT WILL MARVIN REPLACEMENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF: THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE; ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE CONTENT, AND/OR ANY SOFTWARE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE CONTENT, OR ANY SOFTWARE, EVEN IF MARVIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, THE SOFTWARE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MARVIN REPLACEMENT'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED FIFTY DOLLARS ($50.00).

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Marvin Replacement, its parent company, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, the Content, any third party software or any violation by you of this Agreement.

USER CONDUCT

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

UNSOLICITED IDEAS AND OTHER USER SUPPLIED INFORMATION

Marvin Replacement does not accept unsolicited product, feature, or other ideas or information on a confidential basis. If you send us or post to this web site any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential. We will have no obligation with regard to such information or invention, and will be free to copy, disclose, distribute, incorporate, modify, and otherwise use any such information for any and all purposes, commercial or non-commercial. If you would like to submit an idea or invention for consideration on a non-confidential basis, please contact the Marvin Replacement Legal Department for instructions.

If you supply or post any information or material via the Site, you guarantee to us that you have the legal right to supply post such material, and that it will not violate any law or the rights of any person or entity. By supplying or posting material via the Site, you give Marvin Replacement the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

PRIVACY POLICY

Marvin Replacement’s Privacy Policy can be viewed here.

GENERAL PROVISIONS

Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Marvin Replacement of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Marvin Replacement therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Marvin Replacement does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Enforcement/ Choice of Law/ Choice of Forum. Every part of this Agreement shall be construed as valid and enforceable. If any part of this Agreement, so construed, is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Marvin Replacement's Privacy Policy, your use of the Site, any other Marvin website, the Service, or the Content (collectively, "Disputes") are governed by, and will be interpreted in accordance with, the laws of the state of Minnesota, without regard to any conflict of laws provisions. Any Dispute will be venued exclusively in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose.

Claims of Copyright Infringement. You agree to immediately notify Marvin Replacement of any claimed copyright infringement. You further agree to provide Marvin Replacement's copyright agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512. Marvin Replacement's Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached by either: sending an e-mail request to Marvin Replacement Copyright Agent OR sending a letter via the U.S. Mails to:

Marvin Replacement
Attn: Copyright Agent
2020 Silver Bell Road
Suite #15
Eagan, MN 55122
Tel: (651) 452-3039
Fax: (651) 452-3074

Last Updated: September 28, 2021.

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