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DISCLAIMER
Marathon Marketing, Inc. Web Site Agreement
The MarathonMarketingInc.com Web Site (the “Site”)
is an online information service provided by Marathon Marketing, Inc. (“MarathonMarketingInc.com”),
subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MarathonMarketingInc.com
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the copyrights
and trademarks are MarathonMarketingInc.com, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
MarathonMarketingInc.com a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to MarathonMarketingInc.com by
all means and in any media now known or hereafter developed. You also
grant to MarathonMarketingInc.com the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against MarathonMarketingInc.com
for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to MarathonMarketingInc.com
TrafficServer 1.01 TRADEMARKS.
Publications, products, content or services
referenced herein or on the Site are the exclusive trademarks or
servicemarks of MarathonMarketingInc.com. Other product and company names
mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information,
products or services clearly identified as being supplied by MarathonMarketingInc.com,
MarathonMarketingInc.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except for MarathonMarketingInc.com
– identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with MarathonMarketingInc.com
a. You also understand that MarathonMarketingInc.com cannot and does not
guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any
lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. MarathonMarketingInc.com PROVIDES THE SITE AND
RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MarathonMarketingInc.com
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. MarathonMarketingInc.com DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
MarathonMarketingInc.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY IN NO EVENT WILL MarathonMarketingInc.com
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT
OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR
ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF MarathonMarketingInc.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MarathonMarketingInc.com
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. MarathonMarketingInc.com
makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a
non-MarathonMarketingInc.com web site, please understand that it is
independent from MarathonMarketingInc.com, and that MarathonMarketingInc.com
has no control over the content on that web site. In addition, a link to a
MarathonMarketingInc.com web site does not mean that MarathonMarketingInc.com
endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless MarathonMarketingInc.com,
its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys’
fees, resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of MarathonMarketingInc.com
and its officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of The United States of America applicable to
agreements made and to be performed in The United States of America. You
agree that any legal action or proceeding between MarathonMarketingInc.com
and you for any purpose concerning this Agreement or the parties’
obligations hereunder shall be brought exclusively in a federal or state
court of competent jurisdiction sitting in The United States of America .
Any cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred. MarathonMarketingInc.com’s
failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. MarathonMarketingInc.com
may assign its rights and duties under this Agreement to any party at any
time without notice to you.
7. Earnings Compensation Disclaimer – The
publisher of this website receives a commission or compensation when you
take part in or purchase the product or service featured herein. Even if
this website contains useful content, you should still consider it an
advertisement.
Contacting Company. You may contact the Company for
customer support or service by using our feedback form or by telephoning
us at 800-837-7393.
Or by postal mail to Marathon Marketing, Inc. 5348 Vegas Drive #669, Las
Vegas, NV 89108
Marathon Marketing Inc.. reserves the right to
modify this Refund Policy at its discretion, or against any customer it
believes is abusing this policy. Any such revision or change will be
binding and effective immediately after posting of the revised Refund
Policy on Marathon Marketing Inc. web sites. You agree to periodically
review our Web sites, including the current version of our Refund Policy.
Our refund policy is made available on our Web sites. It is your
obligation to review our refund policy for any such revisions.
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