Terms of Use

Welcome to
www.sunbeltnetwork.com
, a proprietary listing website hosted by Marathon Management Services, LLC (MMS) exclusively for the use of independently owned and operated Sunbelt offices. Any use of the Sunbeltnetwork.com website is subject to the following terms and conditions (“Terms of Use”). By submitting information to, or accessing information from, or using in any way the Sunbeltnetwork.com website, you, the customer (“Customer” or “You”) agree to the following Terms of Use. These Terms of Use are a legal agreement (“Agreement”) between you and MMS.

If you do not agree to these Terms of Use, do not submit information to, access information from, or use in any way, the Sunbeltnetwork.com website. Sunbelt may update these Terms of Use at any time and without notice. The latest version of the Terms of Use is available on the Sunbeltnetwork.com website. All questions concerning this Agreement should be directed to: Marathon Management Services, LLC, 7100 East Pleasant Valley Road, Suite 300, Independence, OH 44131.

Disclaimer: Sunbeltnetwork.com is only a venue

Our site acts as the venue for independently owned and operated Sunbelt offices to list businesses for sale and buyers to express interest in and learn more about those businesses. Our listing of businesses for sale and expressions of interest from buyers are not, and shall not be deemed to be, an offer to sell or a solicitation of an offer to buy any securities. Neither we, nor any of our affiliates are involved in the actual transaction between buyers and sellers. For that reason all buyers and sellers who utilize our site agree to be responsible for the legal and regulatory compliance of any transaction they enter into, and MMS makes no representation or assurance about such compliance. While this Agreement requires that buyers and sellers provide accurate and complete information about themselves and businesses they may list for sale or express interest in, MMS cannot and does not confirm the buyer’s and seller’s purported identity and makes no inquiries about the accuracy of business listings. As a result, we have no control over the accuracy of the listings, the ability of sellers to sell businesses listed or the ability of buyers to buy businesses they express interest in.

Information

You hereby agree to provide complete and correct information to us, and maintain and update that information as circumstances require. As a Customer, you are responsible for your own content and are responsible for the consequences of any content you provide. The information you provide shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or non-owned items; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain a sexually explicit image; contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that are prohibited hereunder or you do not have a right to link to or include. MMS reserves the right to edit, restrict or remove any content you provide for any reason at any time.

Trademarks

“Sunbelt” and “The place to go to buy or sell a business” are registered trademarks. Nothing on this site should be construed to grant any license or right to use, implied or otherwise, any mark displayed on this site without the written permission of the third party owner of the mark. Your use of the marks displayed on this site except as provided in this notice is strictly prohibited.

Copyright Policy

MMS reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others. MMS may immediately terminate your use of, or access to, the site at any time it decides that you have breached this agreement, any relevant law, rule or regulation or you have infringed or appear to have infringed the intellectual property rights of others.

Use of Site

This site or any portion of this site may not be reproduced, duplicated, or copied, or otherwise exploited for any commercial purpose that is not expressly permitted by MMS. MMS and its affiliates reserve the right to refuse service and/or terminate relationships in their discretion, including, without limitation, if MMS believes that user’s conduct violates applicable law or is harmful to the interests of MMS and its affiliates.

Links to Other Websites and Services

MMS is not responsible for the availability, content or accuracy of any other pages or other sites linked via this website. To the extent that portions of this site contain links to outside products, services and resources, all relationships are between users and outside providers and do not involve MMS, and any concerns about such products, services or resources should be directed to the particular outside provider. MMS does not guarantee or warrant the accuracy or completeness of the information or content included on other sites, nor the quality of products or services provided or sold.

Limitations of Liability

THIS SITE IS PROVIDED BY MMS ON AN “AS IS” BASIS. MMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MMS OR ANY OF ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In the event that you have a dispute with one or more users, you release MMS (and our officers, directors, agents, affiliates, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnity

You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.

Arbitration

Any controversy or claim arising out of or relating to this Agreement or our products or services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Cleveland, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

General

This site is created and controlled by MMS in the State of Ohio, USA. As such, the laws of the State of Ohio will govern this Agreement, without giving effect to any principles of conflicts of laws. If any provision of the foregoing is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter therein. We reserve the right to make changes to our site, these Terms of Use and this Agreement at any time.