Terms of Use

Marshalltown Company’s websites are composed of various web pages operated by Marshalltown Company.  MARSHALLTOWN is defined in these Terms of Use (sometimes called “Term” or “Terms”) to include www.marshalltown.com and all other web pages operated or hosted exclusively by Marshalltown Company.  By using MARSHALLTOWN websites, you agree to these Terms of Use; if you do not agree, do not use the MARSHALLTOWN websites.  You can always order a catalog or place an order with us by calling 1-800-888-0127.

MARSHALLTOWN reserves the right in its sole discretion to change the Terms, conditions, and notices under which a MARSHALLTOWN website is offered, including but not limited to changes associated with the use of a MARSHALLTOWN website. Your continued use of a MARSHALLTOWN website following the posting of revised Terms of Use means that you accept and agree to the changes.  A future change in the Terms, conditions, or notices shall not affect your obligations arising under prior Terms, conditions, or notices, which shall continue to apply indefinitely.

A MARSHALLTOWN website may contain links to other websites. Linked sites are not under the control of Marshalltown Company, and Marshalltown Company is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Marshalltown Company is not responsible for Web casting or any other form of transmission received from any linked site. A MARSHALLTOWN website provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Marshalltown Company of the site or any association with its operators.

As a condition of your use of a MARSHALLTOWN website, you warrant to Marshalltown Company that you will not use the MARSHALLTOWN website for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use a MARSHALLTOWN website in any manner to interfere with any other party’s use and enjoyment of the MARSHALLTOWN website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through a MARSHALLTOWN website, including but not limited to, data mining, robots, or similar data gathering and extraction tools.

MARSHALLTOWN’s privacy policies explain how we treat your personal data and protect your privacy when you use a MARSHALLTOWN website and services. By using our website and services, you agree that Marshalltown Company can use such data in accordance with our privacy policies.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you used to access a MARSHALLTOWN website and services. Accordingly, you agree that you will be solely responsible to Marshalltown Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Marshalltown Company immediately at customerservice@marshalltown.com. Marshalltown Company reserves the right, in its sole discretion, to terminate your access to a MARSHALLTOWN website and the related services or any portion thereof at any time, without notice.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND MARSHALLTOWN COMPANY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MARSHALLTOWN COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION BECAUSE OF YOUR USE OF A MARSHALLTOWN WEBSITE.

All contents of a MARSHALLTOWN website are © Marshalltown Company 2019 and/or its suppliers. All rights are reserved. All Marshalltown Company trademarks are strictly owned by Marshalltown Company, and nothing in these Terms shall be construed to transfer ownership rights or grant any permission, license or other rights to any Marshalltown Company trademark without written authorization from Marshalltown Company. The names of actual companies and products mentioned within a MARSHALLTOWN website may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

If any disagreement or dispute arises regarding these Terms of Use, our Privacy Policy, our Cookie Policy, or any rights or obligations related to those policies, the disagreement will be resolved informally, if possible. If such efforts are unsuccessful, either you or Marshalltown Company may seek a resolution by way of binding arbitration, to be conducted in the State of Iowa and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred may be reduced to judgment in any court of suitable jurisdiction in Iowa. By using a MARSHALLTOWN website, you agree that this arbitration process shall be your exclusive remedy and in lieu of any judicial or administrative action – the right to which you hereby waive – arising by operation of state, federal, or national privacy laws and regulations.

You agree by the use of a MARSHALLTOWN website that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than an arbitration, you waive your right to a jury trial. You agree that Marshalltown Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You agree to indemnify and to hold harmless Marshalltown Company, its directors, officers, employees, and agents from any and all liability, whether based in contract or in tort, for your violation of any of the obligations imposed upon you by your use of a MARSHALLTOWN website.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.

These Terms of Use are effective 11/05/2019.