Terms of Use

Welcome to MarathonStrategies.com (the “Site”). This Site is owned and operated by Marathon Strategies, LLC (“we”, “us”, “our”).  These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of the Site.  Your use of this Site (and any other feature or content offered from time to time by the Site) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully before using the Site.

1. Acceptance of Terms

By accessing this Site, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below.   If you do not agree to be bound by these Terms of Use, please do not access or use this Site.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site [marathonstrategies.com]. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes.

2. Use of the Site

You may use this Site only for your personal use and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.  Use of and access to the Site is void where prohibited. By accessing and using the Site, you represent and warrant that (a) all information you submit to us, through this Site or otherwise, is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation.  If applicable, by using the Site for communicating, posting or creating content, you agree to post material that is proper and related to the forum presented by the particular area of the Site.

You agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site or any services provided to you by us.

3. Permitted Uses

The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only.  Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights.  This Site is not intended for commercial use.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site.  Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms of Use.  You may not resell use of, or access to, the Site to any third party.

Material from this Site may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent.  Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Site and may subject you to legal liability. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site. Some examples of unauthorized or illegal use of this Site include, but are not limited to: (i) the unauthorized framing by you of the Site; (ii) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; (iii) interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site; and (iv) using the Site in a manner inconsistent with any and all applicable laws and regulations.

4. No Warranty

Your use of the Site is at your sole risk. The content and information posted on the Site is provided to you “as is” without warranties or representations of any kind.  We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site.  We make no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties.

The Site will occasionally experience outages during which you or other users will not be able to view the Site. We do not warrant that the Site is free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use or unavailability of the Site.

5. Links to Third Party Sites; Advertisers

The Site may provide you with links or other access to websites, services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend that you read the privacy and terms of use policies of each third party’s website that you access.

6. Privacy Policy

Please see our “Privacy Policy” at https://www.marathonstrategies.com/privacy-policy/ for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

7. Indemnity

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, issued by any third party due to or arising out of (i) any content you submit, post, transmit or otherwise make available through the Site, and/or (ii) a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein). This indemnity obligation shall survive your use and/or access of the Site.

8. Term

These Terms of Use shall remain in full force and effect while you use the Site. You continue to remain bound by these Terms of Use to the extent you continue to access the Site in any capacity. We reserve the right to suspend or terminate your access to the Site, without notice or explanation, for any reason, at any time.

9. Disclaimer; Limitation on Liability

USE OF THE SITE IS PROVIDED “AS IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR USE OF THE SITE.

10. Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in New York County, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 10.

Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site), constitutes the entire understanding between you and us.

Please contact us at: [email protected] with any questions regarding these Terms of Use.

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

These Terms of Use are effective and were last updated on August 6, 2020.