TERMS OF USE FOR ON-LINE CUSTOMER ACCOUNT INFORMATION
GENERAL INFORMATION

Martin Marietta has established an on-line customer account section of MARTINMARIETTA.COM to provide information to our customers about account status, including access to copies of invoices, e-Receipts, and other information about your account (“Account Site”).  In order to use the on-line customer account, existing customers must register. These Terms of Use (“Terms” or “Agreement”) govern the use of the Account  Site.  Please read these Terms carefully before registering to use this Account Site.

You are agreeing on behalf of yourself and your employer (collectively referred to as “You” or “you”) to be bound by these Terms and by any amendments in effect at the time of your visit.  You represent and warrant that You are an existing Martin Marietta customer or are authorized to act on behalf of an existing customer.  You agree to provide true, accurate, current and complete information about yourself and the customer that you represent.  You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers, or otherwise conceal your identity from Martin Marietta.  We will independently verify that you are affiliated with an existing customer, and then will provide you with a User ID and Password to access the on-line customer account.

Martin Marietta reserves the right, at any time, to modify, update or amend these Terms, and you agree to be bound by such modifications, updates or amendments.  We encourage you to review these Terms upon each visit to the Account Site because any changes will be binding on you.

These Terms expressly incorporate by reference and include:  1) the Martin Marietta Privacy Policy; 2) any guidelines, rules or disclaimers that may be posted and updated on specific web pages; 3) any third-party license terms that may govern use of certain sections of the Account Site; or 4) on any notices that are sent to you.

The Terms of Use, including the Privacy Policy, constitute the entire agreement between Martin Marietta and You regarding the use of this Account Site and information acquired through this Account Site.  To accept these Terms on behalf of yourself and your employer, please sign in the space provided below or if you are reviewing these Terms online, please click “I Agree” at the bottom of this page to accept these Terms in order to access the Account Site.  Clicking on the “I Agree” button constitutes consent and will serve as your electronic signature.

ADDITIONAL PROVISIONS



Registration, Password Use and Security

You are solely responsible for maintaining the confidentiality of the User ID and Password, and for all activities that occur under the User ID, including all information provided and accessed using the User ID and all other acts or omissions that occur under the authority of the User ID.  You agree to immediately notify Martin Marietta at service.desk@martinmarietta.com if you become aware of or have reason to believe that there is any unauthorized use of your account or any other breach of security.  Customer must inform Martin Marietta when a user is no longer employed by Customer or authorized to act on Customer’s behalf so that Martin Marietta can terminate that User ID and Password.

Martin Marietta is in no way liable for any claims related to the use or misuse of your User ID and Password due to the activities of third-parties outside of Martin Marietta’ control or due to your failure to maintain the confidentiality and security of the User ID or Password.  To ensure that no unauthorized party accesses your company’s information, PLEASE BE SURE TO LOG OUT, EXIT FROM THE ACCOUNT SITE AND CLOSE ALL OPEN BROWSER WINDOWS UPON COMPLETION OF YOUR SESSION.

Rules Of Acceptable User Behavior

Any user interactive functions that may be provided on the Account Site are merely provided as a customer convenience.  The following requirements apply to your use of the Account Site, including, without limitation, any interactive available functionalities.

  • By submitting any content to the Account Site, you automatically grant, or warrant that the owner of such content has expressly granted Martin Marietta the royalty-free, perpetual irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such content in an electronic environment.
  • You shall not upload, post e-mail, or otherwise transmit any that contain virus or any other computer code, files or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
  • You shall not upload to, distribute or otherwise publish through the Account Site any content that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise violates any law, including but not limited to criminal, trademark, trade secret, and copyright law.
  • You shall not post content that encourages or promotes illegal activity, content that discusses illegal activities with the intent to commit them, or content that may give rise to civil or criminal liability in any way, or which violates federal, state, or local laws.
  • You shall not post containing spam, commercial or advertising content.
  • You shall not post containing links to any Account Sites that violate any section of these Terms of Use.
  • You shall not in any manner impersonate anyone else or misrepresent your true identity.
  • You should not post or submit any private information, nor should You assume that postings are completely anonymous.

Investor Information

Investors are cautioned that all statements which relate to the future involve risks and uncertainties, and are based on assumptions that Martin Marietta believes in good faith are reasonable, but which may be materially different from actual results.  For information identifying economic, regulatory, technological, climatic, currency, competitive, political, and other important factors that could cause actual results and events to differ materially from those anticipated in such forward-looking statements, see Martin Marietta’ SEC filings as updated from time to time, including but not limited to the information included in Martin Marietta’ Annual Report on Form 10-K and quarterly Report on form 10Q under the headings “Management’s Discussion and Analysis of Financial Condition and results of Operations” and “Business-General.”

Information Martin Marietta publishes on MARTINMARIETTA.COM may contain references or cross references to Martin Marietta’ products, processes, technologies, programs, and services that are not announced or available in your country.  Such references do not imply that the corporation intends to announce such products, processes, technologies, programs, or services in your country.  Consult your local Martin Marietta business contact for information regarding the products, processes, technologies, programs, and services that may be available to you.

Copyright Compliance Policy

It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on the Account Site or on MARTINMARRIETA.COM, you may notify us by sending the following information to the address listed below:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
  • A statement that this person is authorized to act on behalf of the copyright owner;
  • A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner’s agent, or by law;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Account Sites; and
  • Your address, telephone number, and e-mail address.

Please put “Notice of Infringement” in the subject line of all such notifications, and send the notification to:  service.desk@martinmarietta.com

We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act (“DMCA”), and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the supplier of such material in order to give that supplier an opportunity to respond to the notification. If the supplier of the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any.

DISCLAIMER OF WARRANTIES

Information on this Account Site may contain technical inaccuracies, typographical errors, or information that may become outdated over time.  The documents and other information on this Account Site, including invoices, receipts, forward-looking statements, are for convenience or historical purposes only, Martin Marietta assumes no obligation to keep current or update the information or documents on this Account Site, which speak as of their respective dates.  Information may be changed or updated without notice.  Martin Marietta may from time to time make improvements and/or changes in the products, processes, technologies, programs (including the future payment function), and services described in this information at any time without notice.

INFORMATION ON THIS ACCOUNT SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION AS TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

DISCLAIMER OF LIABILITIES

Martin Marietta makes no representations whatsoever about any other webAccount Sites which you may access through this one.  When you access a non-Martin Marietta webAccount Site, please understand that it is independent from the Martin Marietta Account Site, and that the Martin Marietta has no control over the content of that webAccount Site.  As such, Martin Marietta makes no representations as to the accuracy or any other aspect of the information on that webAccount Site.  These other links are provided as a convenience to you.  In addition, a link to a non-Martin Marietta web site does not mean that Martin Marietta endorses or accepts any responsibility for the content, or the use, of such web site.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. 

IN NO EVENT WILL MARTIN MARIETTA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, ACCOUNT SITE,  OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You hereby agree to indemnify, defend and hold Martin Marietta and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of these Terms or otherwise arising from Your use of the Account Site, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim.  Martin Marietta reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Termination

Martin Marietta may, in its sole discretion, terminate or suspend Your or Customer’s access to all or part of the Account Site for any reason, or no reason whatsoever including, without limitation, notification from Customer that a user is no longer authorized to act on behalf of the Customer, or for breach of these Terms.

Jurisdiction and Applicable Law

This agreement has been made in and shall be construed and enforced in accordance with the laws of the state of North Carolina.  Any action stemming from your use of this Account Site shall be brought in the courts located in North Carolina.

Additional Privacy Information

Martin Marietta uses Google Analytics to track relevant statistics and issues with pages to better serve our customers with information. For privacy information about google analytics please see https://www.google.com/policies/privacy/partners/



Mobile Applications Privacy Policy

This privacy policy governs your use of the software application TracMan, ReadyTrac, or MM Calculator (“Application”) for mobile devices that was created by Martin Marietta. The Application is used to provide information about a customer’s orders.



What information does the Application obtain and how is it used?


User Provided Information

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to use some or all of the features offered by the Application unless you register with us.

User Provided Information

Martin Marietta uses Google Analytics to track relevant statistics and issues with pages to better serve our customers with information. For privacy information about google analytics please see https://www.google.com/policies/privacy/partners/

When you register with us and use the Application, you generally provide (a) your name, email address, age, user name, password and other registration information; (b) information you provide us when you contact us for help; (c) information you enter into our system when using the Application, such as contact information and project management information.

We may also use the information you provided us to contact your from time to time to provide you with important information, required notices, and marketing information.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information or track shipments. We will not share your current location with other users.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Do third parties see and/or have access to information obtained by the Application?

Yes. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

  • As required by law, such as to comply with a subpoena, or similar legal process;
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • With our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • If Martin Marietta is involved in a merger, acquisition, or sale of all or a portion of its assets, you may be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to an indefinite period of time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

Martin Marietta does not knowingly collect personal information from children under age 13.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at service.desk@martinmarietta.com.