DISCLOSURE AND USER AGREEMENT
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.
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.
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.
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.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.
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.
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 who have specific questions regarding any information they have sent to MSA through the website should email us at .