Terms & Conditions/Terms of Use of this site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
By using this Website ("Site"), you agree to the following terms and conditions,
which may be updated from time to time without notice to you. The following terms
and conditions and any and all updates to these terms and conditions shall be
collectively referred to herein as the "TAC". You represent that you have read and
agree to abide by all the TAC at all times while using this Site. You may not use this
Site in any way that involves a failure to abide by the TAC. If you do not agree, do not
use this Site.
AUTHORIZATION
You agree that you will not copy, distribute, republish, transmit, upload, post,
display, modify, create derivative works or in any way exploit the intellectual
property of Marathon Errands, Lifsey Site Design, or this Site itself, without the prior
written consent of Marathon Errands. The contents of this Site are provided for
lawful purposes only.
INTELLECTUAL PROPERTY
This Site and all of its contents, including, but not limited to its text, photographs,
images, illustrations, graphics, logos, formatting, audio, video, selection,
arrangement and overall website design and appearance (collectively, the
"Intellectual Property") are protected by copyright, trade dress, trademark and
other laws of the United States, Canada and other countries. The Intellectual
Property displayed on or as a part of this Site is owned and controlled by Marathon
Errands or the party credited as the provider of the Intellectual Property.
LIMITATION OF LIABILITY
MARATHON ERRANDS HAS PROVIDED THIS SITE, AND ALL OF ITS CONTENTS, ON AN
"AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Marathon Errands does not guarantee the accuracy of any of the
content on this Site. Your reliance on any content on this Site is at your own risk.
Marathon Errands will not be liable for any damages or injury caused by, operation
or use of this Site, including, but not limited to any failure of performance, error,
omission, interruption, defect, delay in transmission, computer virus, line failure,
deletion, mis-delivery, failure to store any user communications or personalization
settings or Marathon Errands's negligence.
INDEMNIFICATION
By using this Site, you agree to indemnify, defend and hold harmless Marathon
Errands and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, from and against any and all claims, actions, liabilities,
costs and expenses, including, but not limited to reasonable attorneys' fees arising
out of your breach of any provision of the TAC or any warranty you provide herein,
or otherwise arising in any way out of your use of this Site. You will cooperate fully
in the defense of such claim. Marathon Errands reserves the right to control the
defense of any such claim.
GENERAL INFORMATION
The TAC shall be governed by the laws of the State of Tennessee, without regards
to its conflict of laws provisions. You agree to submit to personal jurisdiction in the
State of Tennessee for any cause of action arising out of or related to the TAC or
your use of this Site. You agree that regardless of any statute or law to the
contrary, any claim or cause of action with respect to the TAC or your use of this
Site must be filed in Nashville, Tennessee within one year after the cause of action
arises. By using this Site, you are responsible for compliance with applicable local
laws. Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside. The failure
of Marathon Errands to exercise or enforce any right or provision of the TAC shall
not constitute a waiver of such right or provision. If any provision of the TAC is
found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TAC remain in full force
and effect. The headings in the TAC are for convenience only and have no legal or
contractual effect.
CHANGES TO THESE TERMS AND CONDITIONS
Marathon Errands reserves the right to change the TAC at any time. You should
check this Site from time to time to see what changes have been made. By
continuing to use this Site after a change is made, you accept and are bound by the
modified TAC. Only Marathon Errands may modify the TAC.
Last updated: December 12, 2006
Terms of using this site