POLICIES

1.1 These terms (“Terms of Use”) apply to the websites, microsites, and mobile versions of these websites, including www.marshall.com (collectively, the “Website”) that link to these Terms of Use, and that are owned, operated, or controlled by Marshall Group AB (“Marshall”). By using the Website, the user (“you”) agree to be bound by these Terms of Use.

1.2 PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MARSHALL. BY USING THIS WEBSITE AND ANY RELATED SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE WEBSITE. YOU MAY NOT ACCESS OR USE THIS WEBSITE IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS OF USE.

1.3 THESE TERMS OF USE CONTAIN A MANDATORY DISPUTE RESOLUTION PROVISION THAT INCLUDES A BINDING ARBITRATION AGREEMENT WITH A CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

1.4 On this Website, Marshall displays and sells products to end consumers. The Website is provided for private use and is not intended to be used to purchase products for re-sale or export for companies. The Website is available in several countries and customers can enter into purchase agreements in several languages, provided that in case of a conflict, the English version of these Terms of Use shall govern. For updated information about available countries and languages, please see the country selector on the Website. Separate Terms of Purchase apply to any purchases made on the Website.

1.5 In order to use the Website, you must be 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

1.6 These Terms of Use are applicable to the extent allowable under mandatory law in your country of residence.

2.1 The Website is operated and owned by Marshall. Marshall and the other respective owners of the intellectual property rights associated with or displayed on the Website retain all rights regarding their intellectual property rights, such as designs, copyright, patents, trademarks, trade names, brand names and trade dress. Any unauthorized use of trademarks or names in metatags, keywords, page text, hidden text, and/or ad keywords in conjunction with search engines may constitute infringements in Marshall’s rights and/or unfair competition.

2.2 The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by national and international copyright laws and treaties. The Materials are provided by Marshall under a limited license to Website users, subject to the restrictions and limitations set forth in these Terms of Use. Your license to use Materials may be revoked at any time for any reason or no reason.

2.3 The Website may be used by you only for your personal informational and product ordering purposes. Except as set forth in Section 2.2, no right, title or interest in Marshall´s Materials is conveyed to you. Your usage is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without Marshalls’ prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of the Materials. All rights not expressly granted are reserved by Marshall.

2.4 Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited.

2.5 Linking to the Website is prohibited without express written permission from Marshall. Furthermore, framing, inline linking or other association of the Website or its Materials with links, advertisements and/or other information not originating from Marshall is expressly prohibited.

2.6 All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by Marshall and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks,and are protected by national and international laws and treaties. No license with respect to the use of the Marks is granted to you under these Terms of Use or by virtue of your use of the Website. The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Marshall or the applicable rights holder.

2.7 Your permitted use of the Website and Materials is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by Marshall to access Materials, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access our systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden our servers or networks, or (viii) fails to comply with applicable third-party terms. You must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the Website. Marshall reserves the right, in its sole discretion, to terminate any license granted to you hereunder and/or bring legal action against you if you engage in use that violates these Terms of Use. Marshall’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

3.1 Information on the Website may occasionally be inaccurate, incomplete or out of date. Neither Marshall nor any of its respective affiliates or subsidiaries warrant the accuracy or completeness of the information provided on or through the Website. However, if the information affects any purchase made on the Website, you may be entitled to the remedies set out in Marshall´s Terms of Purchase and mandatory consumer protection legislation in your country of residence.

3.2 Marshall makes all reasonable efforts to accurately display the attributes of the information and the products, including the applicable colors. However, the actual color you see will depend on your computer system and configuration, and Marshall cannot guarantee that your computer will accurately display such colors.

3.3 All information and products displayed on the Website may be changed over time and may vary depending on which country you have selected.

3.4 It is your responsibility to ascertain and obey all applicable legislation (including minimum age requirements) regarding the purchase, possession, use and sale of any product or service purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

4.1 Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). Marshall does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites.

5.1 MARSHALL DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE WEBSITE OR MATERIALS OR REPRESENT THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

6.1 In no event and to the extent allowable under mandatory law, will Marshall be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this Website including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Marshall is expressly advised about the possibility of such damages.

6.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT WILL MARSHALL’S AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OF USE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TO MARSHALL, IF ANY, FOR THE MARSHALL PRODUCT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT MARSHALL’S AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.

7.1 You agree to indemnify and hold Marshall, its directors, officers, employees, agents, and affiliates harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to your use of this Website or breach of these Terms of Use. Marshall reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Marshall in asserting any available defenses.

8.1 If you submit any information or material on the Website, you are responsible for such submission and the consequences of publishing it. You are not allowed to submit any information or material that is objectionable or violates any law or contains corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer or of the Website.

8.2 Marshall may, but is not obligated to, monitor the Website and social media for content that is illegal, unlawful or harmful. Marshall reserves the right to determine whether any submissions are appropriate and complies with any rules and restrictions and whether to allow the uploading and/or removal of such submissions. If you become aware of any such content or behavior, please contact social@marshall.com. Marshall and its affiliates take no responsibility and assume no liability for any information submitted by you or any third party. You understand and agree that Marshall does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will Marshall be liable for any such third-party content or for any loss or damage resulting from your use of, or reliance on, such third-party content.

8.3 Marshall does not permit any activities on this Website that infringes on the intellectual properties of others.

9.1 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Marshall´s system or network security using any of the means above may result in civil and/or criminal liability.

9.2 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.

9.3 You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Marshall and other than generally available third party web browsers.

10.1 By creating an account on the Website, you will be able to move through the checkout process faster, store multiple shipping addresses, view and track your orders in your account and more.

10.2 You are responsible for the personal protection and security of any password or username that you may use to access this Website. The account is personal and you are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You must notify Marshall immediately if you suspect a breach of security or unauthorized use of your account and/or login details. You are obligated to immediately report a lost or stolen password or username to Marshall.

10.3 You may terminate your account at any time. At its sole discretion, Marshall may limit or permanently terminate a user account for any reason.

11.1 Unless both parties agree otherwise, you agree that any dispute, claim, or controversy arising out of or relating to the Website or Terms of Use will be resolved by binding mediation in New York, New York. If binding mediation is unsuccessful after a period of thirty (30) days, the dispute will escalated to mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction.

11.2 You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision. THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE WEBSITE OR MATERIALS OR OTHERWISE ARISING UNDER THESE TERMS OF USE MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITES, SERVICES, OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

11.3 Notwithstanding the foregoing, you agree that Marshall may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of Marshall or our partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.

12.1 Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Marshall’s liability for any loss or damage is not applicable to New Jersey residents to the extent Marshall was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning indemnification by you are not applicable to New Jersey residents unless you were negligent or breached these Terms of Use.

For information on how personal data is process by Marshall and how Marshall use cookies and similar techniques on the Website, please see Marshall's Privacy Policy and Cookie Policy.

14. Revisions

14.1 Marshall may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Marshall also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time and without notice to the extend allowable under mandatory law. The currently applicable Terms of Use is always posted on the Website. Your continued use of this Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Any dispute, controversy or claim regarding the interpretation or application of these Terms of Use shall be governed and construed in accordance with the laws of New York without giving effect to its conflict of laws provisions.

Any questions regarding the Website may be directed to support@marshall.com.

These Terms of Use were last updated on 25 March 2024.