The Spoilage Cutter Company, Inc. Incorporated
welcomes visitors to the www.martorusa.com website. The Spoilage Cutter Company,
Inc. Incorporated and Martor USA are collectively referred to as "The Spoilage
Cutter Company, Inc.", "we", "us", and "our". Please read the following Website
printed for your reference.
OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by The Spoilage
Cutter Company, Inc.. Any and all content, data, graphics, photographs, images,
audio, video, software, systems, processes, trademarks, service marks, trade
names and other information including, without limitation, the "look and feel"
of the Website (collectively, the "Content") contained in this Website are
proprietary to The Spoilage Cutter Company, Inc., its affiliates and/or
third-party licensors. The Content is protected by United States, German and
international copyright and trademark laws.
Except as set forth herein, you may not modify, copy,
reproduce, publish, post, transmit, distribute, display, perform, create
derivative works from, transfer or sell any Content without the express prior
written consent of The Spoilage Cutter Company, Inc.. You may download, print
and reproduce the Content for your own non-commercial, informational purposes
provided you agree to maintain any and all copyright or other proprietary
notices contained in such Content, and to cite the URL Source of such Content.
Reproduction of multiple copies of the Content, in whole or in part, for resale
or distribution is strictly prohibited except with the prior written permission
of The Spoilage Cutter Company, Inc.. To obtain written consent for such
reproduction, please contact us at [email protected] or
REGISTRATION AND PASSWORDS
To access certain portions of the Website and/or to
request sample products online, you may be asked to complete an online
registration form. In consideration for your use of this Website and the
services provided on it, you agree to provide true, current, complete and
accurate information as requested on any registration form to which this Website
may direct you, and to update that registration information as soon as possible
after any information on such registration form changes.
Upon registration, you will choose a username and
password. You alone are responsible for keeping that password and username
confidential, and for any and all activity that occurs on this Website under
such password or username. You agree to immediately notify The Spoilage Cutter
Company, Inc. of any unauthorized use of your password or username or any other
breach of security.
It is our goal to provide increased value to you, our
visitors. Therefore, the Website might offer you links to other sites on the
Internet that are owned and operated by third parties and therefore not
affiliated with us. Please understand that such linked websites are independent
from The Spoilage Cutter Company, Inc. and that The Spoilage Cutter Company,
Inc. has no control over the content of such websites. Consequently, The
Spoilage Cutter Company, Inc. cannot be held liable and makes no warranty or
representation whatsoever as to the accuracy, timeliness and/or completeness of
the information contained on such websites.
The links which we might place on our Website do not
imply that we sponsor, endorse or are affiliated or associated with, or have
been legally authorized to use any trade-mark, trade name, service mark, design,
logo, symbol or other copyrighted materials displayed on or accessible through
As a condition of your continued access to and use of
this Website, you agree to abide by all applicable federal, provincial
(Canadian), state, territorial (Canadian) and other laws and regulations and the
"Code of Conduct" set forth below. Specifically, in addition, without limiting
the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any
i) constitutes unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
ii) infringes any patent, trade-mark, trade secret, copyright or other
proprietary or privacy rights of any party;
iii) is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
racially, ethnically or otherwise objectionable; or
iv) contains any form of destructive software such as a virus, worm, Trojan
horse, time bomb, cancelbot, or any other harmful components or any other
computer file, program or code, designed to interrupt, destroy or limit the
functionality of any computer software, hardware or telecommunications
b) harvest or otherwise collect or store any information (including personally
identifiable information) about other users of the Website, including e-mail
addresses, without the express consent of such users;
c) for the purpose of
misleading others, create a false identity of the sender or the origin of a
message, forge headers or otherwise manipulate identifiers in order to disguise
the origin of any material transmitted through the Website;
d) attempt to gain unauthorized access to the Website, other computer systems or
networks connected to the Website, through password mining or any other means;
f) interfere with or disrupt networks or servers connected to the Website or
violate the regulations, policies or procedures of such networks; and
g) use, download or otherwise copy, or provide to any person or entity any
Website users directory or other user or usage information or any portion
thereof other than in the context of your use of the Website.
DISCLAIMER / LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as
possible the Content contained on the Website, errors and/or omissions may
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN,
IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SPOILAGE CUTTER COMPANY, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. THE SPOILAGE CUTTER COMPANY, INC. DOES NOT
WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE SPOILAGE CUTTER COMPANY, INC. BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE
WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT OBTAINED THROUGH THE WEBSITE,
EVEN IF THE SPOILAGE CUTTER COMPANY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF
SAMPLE PRODUCTS DISPLAYED ON THE WEBSITE MAY NOT BE
AVAILABLE AT ALL TIMES AND PRODUCTS MAY BE CHANGED, AND PRODUCTS SUBSTITUTED OR
DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF
ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS,
RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING ANY
PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST A PRODUCT. THE SPOILAGE
CUTTER COMPANY, INC. MAKES NO WARRANTIES REGARDING ANY PRODUCT SAMPLES. YOU
EXPRESSLY RELEASE AND HOLD THE SPOILAGE CUTTER COMPANY, INC. HARMLESS FROM ANY
AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR
USE OF ANY PRODUCT SAMPLES OBTAINED VIA THE WEBSITE. YOUR SOLE RECOURSE SHALL BE
AGAINST THE PRODUCT MANUFACTURERS.
You agree to indemnify and hold harmless The Spoilage
Cutter Company, Inc., its affiliates, members, officers, employees, agents, and
licensors from and against any and all losses, expenses, damages, claims, fines,
penalties, costs and liabilities (including reasonable legal and accounting
fees), resulting from your (or anyone acting under your password or username)
use of this Website, connection thereto, or any alleged violation by you of
In particular, you agree to indemnify and hold harmless
The Spoilage Cutter Company, Inc., its affiliates, members, officers, employees,
agents, sponsors, and licensors for any injury, including but not limited to
bodily harm or death, to you or any third party that may result from the use of
or reliance on any Content or product shipped to you by The Spoilage Cutter
Company, Inc.. You understand and agree that The Spoilage Cutter Company, Inc.
is merely providing product to you as a service, and that The Spoilage Cutter
Company, Inc. has no control over, or responsibility for, the products
themselves and/or any adverse reactions you may experience as result of their
use. The Spoilage Cutter Company, Inc. recommends that users exercise their
own skill and care with respect to the use of any Content and should obtain any
expert advice they consider necessary. Always read and follow the product label.
The Spoilage Cutter Company, Inc. respects your
right to privacy of your personal information. Please review our Privacy Notice
for details on the manner in which we collect, use, disclose and otherwise
manage your personal information.
From time to time we may offer and/or co-sponsor
contests or promotions on the Website. Each of these activities shall be
governed by specific rules accessible from the pages of the Website offering the
promotion or when you submit your entry.
CHANGES AND TERMINATION
The Spoilage Cutter Company, Inc. reserves the
right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Website (or any part thereof) with or without notice. Further,
The Spoilage Cutter Company, Inc. reserves the right to change these Terms of
Use at any time and to notify you by posting an updated version of the Terms of
Use on this Website. You are responsible for regularly reviewing the Terms of
Use, including, without limitation, by checking the date of "Last Update" at the
bottom of this document. Continued use of the Website after any such changes
shall constitute your consent to be bound by such changes, with continued
provision of the use of the Website constituting consideration from The Spoilage
Cutter Company, Inc. to you for so being bound. Your only right with respect to
ours in operating the Website or (3) any Content
available through the Website, is to stop visiting and using the Website.
"The Spoilage Cutter Company, Inc.",
www.martorusa.com and "www.spoilagecutter.com" are trademarks of The Spoilage
Cutter Company, Inc..
Other marks, graphics, typefaces, trademarks and logos
appearing on the Website are trademarks or trade dress of The Spoilage Cutter
Company, Inc. or Martor KG. All other trademarks appearing on the Website are
property of their respective owners. Our trademarks and trade dress may not be
used in any manner for any purpose without our express written consent.
accordance with the laws of the State of Wisconsin, USA, and any dispute is to
be submitted to a court of competent jurisdiction in Brown County. If any
and shall not affect the validity and enforceability of any remaining
Convention on Contracts for the International Sale of Goods, which is expressly
excluded and you also expressly agree to exclude the applicability of the
Uniform Computer Information Transactions Act. A printed copy of these Terms of
Use and of any notice in electronic form shall be admissible in any judicial or
administrative proceedings to the same extent and under the same conditions as
other business documents and records originally generated and maintained in
printed form. You agree that you will only sue us as an individual. You agree
that you will not file a class action, or participate in a class action.
statements posted on the Website constitute the entire agreement between you and
The Spoilage Cutter Company, Inc. with respect to the use of the Website,
including the Content.
Notices to you may be made via e-mail or regular
the Website, by posting notices or links to such notices on the Website itself.
contact us at [email protected]
Updated August 11, 2014