The information on this website
is private and confidential. Admission to this website is
conditioned on your acceptance of and agreement to our Disclosure,
User Agreement, and Privacy Policy. If you do not agree
with the Disclosure, User Agreement, and Privacy Policy,
do not enter this website.
DISCLOSURE AND USER AGREEMENT
INTRODUCTION
The content, advertising and financial
market information accessible through mstrategic.com, including
but not limited to all design, text, audio, images and financial
analysis and research and other financial market data (the
"Information") is provided by Marathon Strategic
Advisors, LLC (MSA), an Ohio LLC, its affiliates, licensors
and various third-party companies, and their respective
officers, directors, members, managers, employees, affiliates
and agents (collectively "MSA"). Your review or
use of this information after accessing the website constitutes
your acceptance of this Disclosure and User Agreement (the
"Agreement"). The information provided by MSA
is for information purposes only and should not be used
or construed as an offer to sell, solicitation of an offer
to buy or any endorsement, recommendation or sponsorship
of any company or security by MSA. You acknowledge that
any requests for information are unsolicited and shall neither
constitute nor be construed as investment advice by MSA
to you. MSA does not render or offer to render personalized
investment advice or financial planning advice through this
website. MSA’s specific advice is given only within
the context of our contractual agreements with each client.
MSA does not guaranty the suitability or potential value
of any particular investment or information source. MSA
may invest or otherwise hold an interest in companies or
securities discussed on mstrategic.com. Further, MSA may
have recently established or disposed of, or may be establishing
or disposing of, positions in securities discussed on mstrategic.com.
Since portfolio managers make individual investment decisions
in the accounts under their supervision, transactions in
such accounts may be inconsistent with research reports.
No information should be interpreted to state or imply that
past results are an indication of future performance.
MODIFICATION AND MONITORING
OF WEBSITE
MSA reserves the right, at our
discretion, to change, modify, add or remove portions of
these terms at any time without notice to you. We suggest
that you check these terms periodically for changes. The
terms can be accessed from the link at the bottom of our
website pages. If you use this website after we post changes
to the terms, you accept the changed terms. MSA expressly
reserves the right to monitor any and all use of this website.
LIMITS ON USE
The Information is the exclusive
property of MSA and is protected by applicable copyright
and trademark law and other proprietary rights. Unauthorized
use of the Information is prohibited. You agree not to copy,
reproduce, download, retransmit, disseminate, sell, rent,
sublicense, distribute, publish, broadcast, display, circulate
or commercially exploit the information in any manner, or
alter, store for subsequent use, decompile, disassemble,
reverse engineer, or otherwise use the Information in whole
or in part without the express written consent of MSA. You
may not link other websites to this website without the
express written permission of MSA. You may download one
temporary copy of the Information into one single computer's
memory solely for your own personal non-commercial use and
not for distribution, provided that all relevant copyright,
trademark and other proprietary notices shall be kept intact.
You may not allow others to use your user name or password
to access or use this website.
DISCLAIMERS OF WARRANTIES
AND LIABILITY
Due to various factors, including
the inherent possibility of human and mechanical error,
the accuracy, completeness and timeliness of the information
and the results obtained from its use, or correct sequencing
of the Information is not guaranteed by MSA or any persons
creating or transmitting the Information. News stories reflect
only the author's opinion and not that of MSA.
YOUR USE OF THE INFORMATION
IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED "AS
IS" WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR REPRESENTATIONS
OF ANY KIND WHATSOEVER. IN PARTICULAR BUT WITHOUT LIMITATION,
THERE SHALL BE NO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR USE, OR NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, MARATHON STRATEGIC ADVISORS, LLC AND/OR
OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION WILL
IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES THAT ARISE OUT OF YOUR USE OF OR ACCESS TO THE INFORMATION
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF OPPORTUNITY,
TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM INACCURACY,
INCOMPLETENESS, INCONVENIENCE, DELAY, OR LOSS OF THE USE
OF THE INFORMATION), EVEN IF MARATHON STRATEGIC ADVISORS,
LLC OR OTHER PERSONS CREATING OR TRANSMITTING THE INFORMATION
SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, MARATHON STRATEGIC
ADVISORS, LLC OR OTHER PERSONS CREATING OR TRANSMITTING
THE INFORMATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY
TO YOU OR ANYONE ELSE UNDER ANY TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, PRODUCTS LIABILITY OR OTHER THEORY WITH
RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS
AND CONDITIONS RELATED THERETO.
This site has links to other
(third-party) internet sites which have not necessarily
been screened or reviewed by Marathon Strategic Advisors,
LLC and which may contain inaccurate, inappropriate or offensive
material, products or services and the existence of external
links does not constitute an endorsement by Marathon Strategic
Advisors, LLC of the linked website. Marathon Strategic
Advisors, LLC assumes no responsibility or liability with
regard to the accuracy, reliability, legality or decency
of such third-party sites, content, products or services.
Marathon Strategic Advisors, LLC and any person creating
or transmitting the Information shall not be liable for
any infection by viruses of or damage to any computer that
results from your use of, access to or downloading of the
Information. If you are dissatisfied with the Information,
products or services offered at this site or with the terms
and conditions of this Agreement, your sole and exclusive
remedy is to discontinue use of and access to this site
and the Information.
TERMINATION AND CANCELLATION
Marathon Strategic Advisors, LLC
reserves the right to modify or terminate this site or any
of these terms, and to terminate your access to this site,
without notice at any time.
TRADEMARKS
All trade names, trademarks, service
marks and other product and service names and logos displayed
herein are the proprietary marks and names of their respective
owners, are protected by applicable copyright and trademark
laws and may not be used by you without express authorization.
Mstrategic.com is not owned, sponsored, approved by or otherwise
affiliated with any other entity named herein.
JURISDICTIONAL ISSUES
AND APPLICABLE LAW
Unless otherwise specified, Marathon
Strategic Advisors, LLC controls and operates this site
from its offices within the State of Ohio in the United
States of America. Marathon Strategic Advisors, LLC does
not claim that materials in this site are appropriate or
available for use in locations other than Ohio. If you choose
to access this site from other locations, you do so on your
own initiative, and you are responsible for compliance with
any applicable local laws. Software from this site is further
subject to United States export controls. Software from
this site may not be downloaded or otherwise exported or
reexported outside the United States. By downloading or
using the Software, you represent and warrant that you are
not located in, under the control of, or a national or resident
of any country or territory outside of the United States.
The laws of the State of
Ohio govern these terms. If you take legal action relating
to these terms, you agree to file such action only in the
Superior Court of the State of Ohio, or the United States
District Court for the state of Ohio, and you consent and
submit to the personal jurisdiction of those courts for
the purposes of litigating any action relating to these
terms or the website.
GENERAL
Should any provision of this Agreement
or portion thereof be held illegal or unenforceable by an
appropriate jurisdiction, such provision shall be limited
or severed and the remainder of the Agreement shall continue
in full force and effect. Neither the rights nor the obligations
arising under this Agreement are assignable or transferable
by you and any such attempted assignment or transfer shall
be void and without effect.
The failure of either party to enforce its rights under
this Agreement at any time for any period shall not be construed
as a waiver of such rights.
Unless otherwise indicated,
the content on this entire mstrategic.com website, including
but not limited to the text and images herein and their
arrangement, is: Copyright ©2004 by Marathons Strategic
Advisors, LLC. All Rights Reserved. You may not copy or
display for redistribution to third parties any portion
of the content without the prior written permission of Marathon
Strategic Advisors, LLC.
PRIVACY
POLICY
We hold all personal information
provided to our firm in the strictest confidence. Our records
include all personal information that we collect from you
in connection with any of the services provided by Marathon
Strategic Advisors, LLC (MSA).
We have never disclosed information
to nonaffiliated third parties, except as permitted by law,
and do not anticipate doing so in the future. If we were
to anticipate such a change in firm policy, we would be
prohibited under the law from doing so without advising
you first. As you know, we use financial information that
you provide to us to help you meet your personal financial
goals while guarding against any real or perceived infringements
of your rights of privacy. Our policy with respect to personal
information about you is listed below.
- We limit employee access to information
only to those who have a business or professional reason
for knowing, and only to nonaffiliated parties as permitted
by law. (For example, federal regulations permit us
to share a limited amount of information about you with
a brokerage firm in order to execute securities transactions
on your behalf.)
- We maintain a secure office and computer
environment to ensure that your information is not placed
at unreasonable risk.
- The categories of nonpublic information
that we collect from a client depend upon the scope
of the client relationship. It will include information
about your personal finances, transactions and accounts
with other financial institutions, wills and trusts,
and any other financial documents needed in the investment
management process.
- For unaffiliated third parties that
require access to your personal information, including
financial service companies, consultants, and auditors,
we also require strict confidentiality in our agreements
with them and expect them to keep this information private.
Federal regulators may also review firm records as permitted
by law.
- We do not provide your personal identifiable
information to mailing list vendors or solicitors for
any reason.
- Year-end account information, requested
on your behalf (e.g., client accountant, attorney, etc.)
will only be released upon receiving your prior approval.
At no time, shall such information be released without
authorized approval.
- Personal identifiable information
about you will be maintained during the time you are
a client, and for the required time thereafter that
such records are required to be maintained by federal
securities laws.
- If you have any questions concerning
our privacy statement please contact us at 740-282-5198.
WEBSITE PRIVACY POLICY
MSA does not collect any personal
information from those who merely visit or browse our site.
Personal information is collected if the visitor chooses
to voluntarily complete a contact information form or sends
us an email message.
E-mail and Service Inquiry
The information provided in an
email message will only be used to respond to the visitor's
inquiry, facilitate future correspondence, and to provide
better customer service. This information will not be provided
to outside unaffiliated parties.
Electronic Client Account Access
In the Client Reporting Area,
MSA stores personal client information necessary in order
to provide convenient online reports to our clients (for
example, portfolio appraisals, performance, realized gain
and loss statements). To protect the confidentiality of
the information shown, we request that visitors have a browser
that supports 128-bit "strong" encryption.
Use of Information Collected
MSA uses the information collected
from website visitors to address the specific needs
of those visitors and to provide better customer service,
including the provision of the latest information regarding
our services. The information collected is also used to
provide a record of communications between MSA and its site
visitors and to comply with any applicable legal and/or
regulatory requirements.
Access to Information
Collected by MSA Employees
Certain MSA employees will be provided with a visitor's
information in order to respond to that visitor's needs
and provide the visitor with information regarding specific
services in which the visitor may have an interest. MSA
employees are instructed to use strict standards of care
in handling the personal, confidential information of our
clients.
Third Parties
MSA does not transmit any personal
information collected through its site to any third-party
marketers. However, personal information may be transmitted
if there is a specific need to complete a transaction requested
by the visitor.
Visitors
Visitors who have specific questions
regarding any information they have sent to MSA through
the website should email us at 
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