Terms & Conditions of Use

Effective Date: July 17, 2017

Welcome to www.MarCumTech.com. The terms, “we,” “us” and “our” as used herein refers to Electronics Technologies LLC., and its trademarked brand MarCum (“MarCum”). provides this Site for use by you (as permitted below) conditioned on your acceptance of MarCum’s terms and conditions set forth in these Terms & Conditions of Use (“Terms of Use”). Your access to and use of the Site constitutes your agreement to be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.

MarCum reserves the right, in its sole discretion, to change these Terms of Use at any time. Therefore, we recommend that you read these terms carefully each time you access or use the Site.

MarCum strives to provide correct product and consumer care information, but we cannot guarantee the completeness or accuracy of this information on our site including without limitation: documents, videos, guides, search results, FAQ’s, manuals, product comparison information, etc.

**Please also review our Privacy Policy, as it contains important information regarding how we handle the data we collect about you and your personal information. Additionally, please review the Terms and Conditions of Sale, set forth below, for the terms for any purchase you make from the Site. Our Privacy Policy and Terms and Conditions of Sale are incorporated into these Terms of Use.

Areas of the Site, including without limitation various pages, applications, or programs contained within or otherwise related to the Site, may have different terms of use beyond these Terms of Use. If there is a conflict between these Terms of Use and the terms of use or disclaimer posted for a specific area of the Site, the terms of use or disclaimer posted for that specific area of the Site shall prevail with respect to your use of that area of the Site.

PERMITTED USE OF THE SITE

You may use the Site solely for your own personal, non-commercial use. You may download or print portions of the content of the Site, but not any significant portion of the content and not for republication or other distribution. You may use such downloads/print copies only for your own personal, non-commercial use, and you may not remove the copyright and/or other proprietary notices located on any such content.

Your use of the Site must be in accordance with all applicable laws. You do not acquire any ownership rights in the Site or any portions of its content, nor any license to the Site or any portions of its content.

RESTRICTIONS ON ACCESS TO AND USE OF THE SITE

MarCum does not allow unauthorized access (hacking) into the Site. The use of deep-links, page scrapes, web crawlers, spiders, web robots, web scutters, ants, automatic indexers, bots, worms, or other such devices, or programs, algorithms or methodologies which do the same or similar things, in connection with the Site is prohibited.

In your use of the Site, you shall not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, 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 would otherwise violate applicable law.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site. You may not access portions of the Site that you are not given linked access by MarCumTech.com such as, without limitation, through brute force attempts or to locate content through manipulation of the URL or subdomains.

To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this site will be correct, current, and complete. If MarCum believes the information you provide is not correct, current, or complete, MarCum has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

MarCum reserves all rights in the Site and its contents not granted to you. Without limiting the foregoing, except as permitted in these Terms of Use, you may not modify, publish, reproduce, duplicate, recreate, upload, download, post, display, perform, transmit, distribute, assign, license, lease, transfer, sell, use to create derivative works or otherwise exploit the Site or the content of the Site (in whole or in part) for any purpose. Your use of the Site does not give you any right to use any of the logos, trademarks, service marks, or other indicators of origin appearing on the Site.

COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS

The entire content of the Site including, but not limited to, text, design, software, photography, video, graphics, music, sound, and the selection, coordination, arrangement, and enhancement thereof, is protected under the copyright laws of the United States, international treaties and other intellectual property laws and is owned by or licensed to MarCum. All trademarks, service marks and trade names are owned or licensed by MarCum.

LINKED SITES

This Site may contain links to other Sites on the Internet that are operated by third parties, including our business partners like The Video RE-Fit Shop(“Linked Sites”). MarCum is not responsible for the content, advertising, products, or other materials made available on or through any Linked Site. Further, the presence of a Linked Site does not constitute an endorsement by MarCum of the content of the Linked Site, nor any association with its operators. The links to these Linked Sites are for your convenience only, and you access them at your own risk. Linked Sites are likely to have their own Terms of Use and Privacy Policy, and you are responsible for reading them to ensure your own compliance. MarCum shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Sites.

MarCum has no control over third parties or any links they provide to the Site. If a third-party links to the Site, such linking does not imply any sponsorship or endorsement of the linking web site by MarCum, or by any group or individual affiliated with MarCum. No web sites that link to the Site may contain content that is distasteful, offensive and/or controversial, breach any laws or regulations, nor may they frame, modify, or otherwise incorporate the content or other materials on the Site or incorporate materials not displayed by MarCum in conjunction with the Site.

BUSINESS PARTNER LINKED SITES

MarCum from time to time may provide information, products and/or links to specific manufactures on the Site, such as The Video Re-Fit Shop. Each of our business partners may have warranty information, privacy policies or terms of use. Please make sure you review any warranty information, privacy policies or terms of use which are presented by our business partners. You are responsible for reading any policies or terms of use presented by our business partners to ensure your own compliance. MarCum shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with any information, products and/or links to specific manufacturers on the Site.

UNSOLICITED INFORMATION

Please note that any unsolicited personal, confidential or proprietary information or material sent to MarCum through the Site, by e-mail or other means, will be deemed NOT to be confidential. By sending MarCum any such information or material, you grant MarCum an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, transfer and otherwise freely use those materials or information subject to MarCum’s Privacy Policy. MarCum does not accept new product ideas or product modifications. MarCum employs a team of engineers and researchers, around the world, for the purpose of continuous development and improvement of products. Any ideas submitted from an outside source may have already been developed or be under development by MarCum. Consequently, to avoid possible confusion or misunderstanding as to the origin of an idea, it is our policy to not accept product idea submissions at all. Any product idea submissions will not be reviewed by any person at MarCum who is qualified to evaluate them.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY MARCUM ON AN “AS IS” AND “AS AVAILABLE” BASIS. MARCUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT OF THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARCUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MARCUM DOES NOT WARRANT THAT USE OF THE SITE OR THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE.

MARCUM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY SITE LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF MARCUM IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

ON THE SITE, WE MAY DISPLAY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS OR SERVICES OF THIRD PARTIES, POP-UP TEXTS OR LINKS TO THIRD PARTY SITES. IN NO EVENT WILL MARCUM BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIAL RELATED TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THERE ARE DIFFERENT TERMS IN THE TERMS AND CONDITIONS OF SALE, BELOW.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and MarCum does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

INDEMNIFICATION

You agree to indemnify MarCum and its officers, directors, employees, agents, distributors, partners and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including without limitation reasonable attorney fees that arise from your misuse of the Site, including, but not limited to, your violation of these Terms of Use.

SECURITY

Any passwords used for this Site are for individual use only. You will be responsible for the confidentiality and security of your password. If you forget your password, you may contact MarCum at service@MarCumTech.com for password assistance and to obtain a new password. MarCum does not monitor your password.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MarCum reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. MarCum reserves the right to investigate suspected violations of these Terms of Use.

MarCum reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing MarCum to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS MARCUM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MARCUM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MARCUM OR LAW ENFORCEMENT AUTHORITIES.

USE OUTSIDE THE UNITED STATES

This Site is controlled, operated, and administered by MarCum from its offices within the State of Minnesota, United States of America. MarCum makes no representation that the content of the Site is appropriate or available for use at locations outside of the United States, or that access to the content from territories outside the United States is permitted. You may not use the Site or export the content of the Site (in whole or in part) in violation of United States export laws and regulations.

APPLICABLE LAW

These Terms of Use shall be governed by, and construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws, except that the federal law of the United States of America shall apply to questions regarding the validity, infringement or enforceability of United States federal patent, copyright and trademark rights relating in any way to these Terms of Use or the Site. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Hennepin County in the State of Minnesota, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You waive all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on you in the manner authorized by applicable law or court rule.

COPYRIGHT COMPLAINTS

Just as MarCum requires users to respect its copyrights and other intellectual property rights, and those of its affiliates and partners, MarCum respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Site without authorization or in a way that constitutes copyright infringement, please contact us.

RULES FOR PROMOTIONS

Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules, as well as our Privacy Policy. If the Promotion is offered on our Facebook page, you further agree to MarCum’s Facebook Terms and Conditions applicable to the relevant Facebook promotion or Facebook page. Please review the About Us section of the MarCum Technologies Facebook page at facebook.com/marcumtech for more information. While participating in a particular Promotion or when visiting the MarCum Facebook page, the rules and/or terms and conditions for a Promotion or MarCum’s Facebook Page shall govern to the extent inconsistent with these Terms of Use.

MISCELLANEOUS

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MarCum as a result of this agreement or use of the Site.

These Terms of Use, along with the Privacy Policy and Terms and Conditions of Sale, constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and MarCum with respect to the Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

ENFORCEMENT

MarCum reserves the right, in its sole discretion, to determine whether any action you take violates these Terms of Use. MarCum shall have the right, but not the obligation, to monitor your actions with respect to the Site to determine compliance with these Terms of Use. Without limiting any other rights or remedies of MarCum here-under, at law or in equity, MarCum may suspend or terminate your access to the Site if there is any violation or threatened violation of any of these Terms of Use by you.

QUESTIONS/ADDITIONAL INFORMATION

If you have any questions regarding the Terms of Use, the Products, your Order or you wish to obtain additional information, please send an email to service@marcumtech.com

LAST UPDATED. These Terms of Use were last updated on February 25, 2020.

© Electronics Technologies LLC., and its trademark MarCum. All rights reserved.