My Marathon Life Terms of Service
Effective Date: 1st October 2025.
My Marathon Life Inc. (“My Marathon Life,” “we,” or “us”) owns and operates the website (the “Website”) located at mymarathonlife.com and other related websites (including appmymarathonlife.com) and platforms, including a mobile application (collectively, the “Platform”). The Platform, including all relevant content, services, offerings and functionality associated with the Platform and any other affiliated software, owned and operated by My Marathon Life is collectively referred to as the “Services.”
My Marathon Life is a technology company that empowers users of the Services (“Users”) to live healthier, longer, and stronger by providing them with access to comprehensive lab tests and cutting-edge software and AI-based tools so that Users become more knowledgeable and enabled to become active participants in their health journey.
BY ACCESSING OR USING THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICES.
Any information that we collect through your access or use of the Services is subject to our Privacy Policy, which is part of the Terms of Service (the “Terms”).
By continuing to access or use the Services, you agree as follows:
– You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
– You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed, written contract;
– You will use the Services in a manner consistent with applicable laws and these Terms; and
– You understand, accept, and have read these Terms, including the Privacy Policy.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND MY MARATHON LIFE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING info@mymarathonlife.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
TERMS OF SERVICE
Please read these Terms carefully before accessing or using the Services. It sets forth important terms and conditions that you will need to know about the Services. In these Terms, “you” and “yours” refer to the person accessing or using the Services.
Your access and use of the Services, or any part thereof, or anything associated therewith, are governed by these Terms. Although accessible by others, the Services are intended for access and use only by customers inside the U.S.
ACCEPTANCE OF TERMS OF SERVICE
If you do not agree with and accept the Terms, including our Privacy Policy, please discontinue all further access and use of the Services.
Your access to and use of the Services is subject to these Terms. If you do not accept and agree to be bound by these Terms, you are strictly prohibited from accessing or using the Services, except as necessary to review these Terms and our other policies. Services are continually under development, and we reserve the right to change or remove any part of the Services in our sole discretion at any time and without prior notice to you. Unless otherwise indicated, any new content, product, service or offering added to the Services is also subject to these Terms upon posting to the Platform. If you disagree with any of these Terms, your sole remedy is to discontinue your use of our Services.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.
MY MARATHON LIFE DOES NOT PROVIDE MEDICAL SERVICES
WE DO NOT PROVIDE MEDICAL SERVICES. THE SERVICES ARE NOT MEANT TO REPLACE YOUR HEALTHCARE PROVIDER. IF YOU HAVE A MEDICAL EMERGENCY, OR EXPERIENCING A LIFE THREATENING EVENT OR HAVE A SERIOUS MEDICAL CONDITION, DIAL 911.
OUR SERVICES ARE NOT MEDICAL ADVICE, CARE, OR OPINIONS AND YOUR ACCESS OR USE OF OUR SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP WITH MY MARATHON LIFE OR OUR AFFILIATES OR PROVIDERS.
MY MARATHON LIFE IS NOT A HEALTHCARE PROVIDER OR A MEDICAL DEVICE. MY MARATHON LIFE DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL CONSULTATIONS, DIAGNOSIS, OR TREATMENT. MY MARATHON LIFE HAS NO OWNERSHIP INTEREST IN OR CONTROL OVER ANY OF THE LABS OR RELATED FACILITIES WHERE THE LAB TESTS ARE PERFORMED, AND HAS NO CONTROL OVER THE CLINICAL DECISION-MAKING OF ANY HEALTHCARE PROVIDER, AND IS NOT RESPONSIBLE FOR THE QUALITY OF CARE PROVIDED BY THE LABS OR THE PROVIDERS.
PLEASE EXERCISE CAUTION WHEN USING OUR SERVICES AND REVIEWING YOUR LAB RESULTS
The advice provided to you through the Platform, including by the Providers, if any, is in no way intended to replace the independent clinical judgment of a qualified healthcare professional. If you do not provide complete and accurate information, the advice that you may receive through the Platform may not be accurate or appropriate.
General information available through the Services, such as medical conditions, health related contents, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something contained in the Services.
If you obtain lab tests as part of your Services, the results from your Lab Results might not be as expected or hoped, and may even contain distressing or life-altering information that once you become aware is irreversible. While it is not unusual to have questions, concerns or uncertainties about such Lab Results, My Marathon Life will not be providing any healthcare services or medical care related to your Lab Results. Consult your healthcare provider to address any such questions, concerns or uncertainties as you deem appropriate.
YOU AGREE TO SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL FOR YOUR MEDICAL CONDITIONS. YOU SHOULD NOT DELAY TREATMENT OR IGNORE ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL BASED ON INFORMATION PROVIDED THROUGH MY MARATHON LIFE AND OUR SERVICES.
OWNERSHIP AND LICENSE
To access and use the Services, you must register and create an account (“User Account”) and provide certain background information (e.g., medical history, current health conditions/symptoms, demographic information, information about your lifestyle, and other related data and information) through the Platform (“Customer Information”). As between you and My Marathon Life, you own your Customer Information, Lab Results, and your financially-sensitive information that enables a purchase, such as credit/debit card numbers, CVCs, expiration dates, and PINs (“Payment Information,” together with User Account, and Customer Information, “Personal Information”). As a condition of using the Services, you grant to My Marathon Life a fully paid, perpetual, irrevocable, worldwide, royalty-free, nonexclusive, transferable and fully sublicensable, worldwide license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the restrictions in the Privacy Policy. You agree to allow My Marathon Life to de-identify and anonymize your Personal Information in accordance with our Privacy Policy and applicable law, and to use or disclose such de-identified information for purposes not otherwise prohibited by applicable law or our Privacy Policy.
You hereby authorize My Marathon Life and its third-party service providers to derive statistical and usage data relating to your use of the Services (“Usage Data”). We may use Usage Data for any purpose at any time in accordance with applicable law and our Privacy Policy.
Subject to any limitations described in the Privacy Policy, any text, photos, graphics, images, video, audio, multimedia, information, data, questions, comments, forum communications, feedback, comments, suggestions you provide, share, enter, submit or transmit to My Marathon Life via the Services, or any other materials you create, modify, post, provide, upload, send, and/or share in connection with your access or use of the Services (collectively, “User Content”), whether by direct entry, submission, email or otherwise, will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. User Content excludes Payment Information, User Credentials and, or “protected health information” or “medical information” that is protected under the Health Insurance Portability and Accountability Act of 1996 or other applicable law, as explained in our Privacy Policy.
Subject to any applicable account settings that you select, you grant My Marathon Life a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, your User Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other users and for any other permitted use under applicable law. You agree that My Marathon Life shall have the right, in its sole discretion, to edit, duplicate, or alter your User Content in any manner for any purpose that My Marathon Life deems necessary or desirable, subject to applicable law. You further agree that you shall have no right of approval and no claim to compensation in connection with the foregoing.
As between you and My Marathon Life, we own all rights, title and interest in the Services, including all content and functionality you access and use through the Services (including any data, information, know-how, software code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects or methods of operation related thereto, and any and all intellectual property rights therein, including moral rights).
Subject to your compliance with these Terms, My Marathon Life grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services, so long as you have a valid User Account. All rights in the Services are reserved by My Marathon Life.
AI CHAT
As part of the Services, My Marathon Life provides Users access to automated generative artificial intelligence chat support (“AI Chat”). You may provide, share, enter, submit or transmit to AI Chat your information, data, images, photos, audios, questions, comments, feedback or suggestions, including your Personal Information, as part of your prompt (“Prompt”) in connection with your use of the Services. AI Chat will generate responses (“Responses”) based on your Prompt, which are generated using AI models trained on publicly available data, My Marathon Life’s proprietary datasets, and your Personal Information and User Content, if applicable. Responses are owned by My Marathon Life.
AI Chat uses third-party generative AI tools and algorithms (“AI Tools”) to collect, analyze, and respond to your Prompts. By using AI Chat, you consent to My Marathon Life sharing your Prompts, which may include your Personal Information, with these AI Tools to process and respond to you, as described in these Terms. Your Prompts may be used to improve and train the third party’s AI Tools or our AI systems, analyze usage patterns, enhance our Services, and for other purposes described in our Privacy Policy. Your AI Chat history and interactions will be stored and processed in accordance with our data retention policies. You also consent to the monitoring, recording, and processing of your AI Chat interactions, subject to the My Marathon Life Privacy Policy.
You agree that you will use the AI Tools solely for the purposes of the Services and for no other use.
IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE AI CHAT. MY MARATHON LIFE DOES NOT GUARANTEE THE SECURITY OR PRIVACY OF ANY USER CONTENT.
AI Chat is not a human. AI Chat is an AI-based tool that generates content using artificial intelligence, and such content may be false, inaccurate, misleading, or harmful. AI Chat responses may be based on outdated medical information, may fail to account for your specific health or medical conditions, medications, or circumstances, and could potentially suggest harmful or dangerous treatments or interventions.
MY MARATHON LIFE DOES NOT GUARANTEE THAT ANY RESPONSES WILL BE HELPFUL OR ACCURATE. GENERATIVE AI TECHNOLOGY IS KNOWN TO HALLUCINATE OR OTHERWISE PROVIDE INCORRECT ANSWERS.
AI Chat and any and all Responses provided by the AI Chat are provided “AS IS” and “ALL FAULTS,” and My Marathon Life takes no responsibility for, and makes no representation or warranties of any kind with respect to any accuracy, completeness, truthfulness, timeliness or suitability of the Responses.
ALWAYS CONSULT YOUR HEALTHCARE PROVIDER BEFORE MAKING ANY HEALTH OR LIFESTYLE CHANGES BASED ON YOUR INTERACTION WITH AI CHAT.
You represent to us that you will not and are not using AI Chat to seek medical care or to make any medical decisions. You acknowledge that using AI Chat for emergency medical situations, mental health crises, or serious health conditions could result in severe harm or death. You agree to seek immediate emergency medical care when needed and to not delay or substitute professional medical treatment based on AI Chat responses.
YOU UNDERSTAND THAT THE AI TOOL IS INTENDED ONLY AS A SUPPLEMENT AND A RESOURCE, AND SOLELY BEING PROVIDED AS A PART OF THE SERVICES. ALWAYS USE YOUR INDEPENDENT CONFIRMATION AND JUDGMENT AND CONSULTATION WITH A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER.
APP STORE & GOOGLE PLAY
My Marathon Life may provide access to its Platform through a mobile application. If you downloaded our app (“My Marathon Life App”) from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge that you understand and agree to the following:
– These Terms are only between you and My Marathon Life, and not between you and the App Provider. Only My Marathon Life (not the App Provider) is responsible for the My Marathon Life App;
– The App Provider has no obligation to furnish any maintenance or support services with respect to the My Marathon Life App;
– In the event of any failure of the My Marathon Life App to conform to any applicable warranty: (i) you may notify the App Provider and the App Provider will refund the purchase price for the My Marathon Life App to you (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the My Marathon Life App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
– The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the My Marathon Life App or your possession and use of the My Marathon Life App, including, but not limited to: (i) product liability claims; (ii) any claim that the My Marathon Life App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
– In the event of any third-party claim that the My Marathon Life App or your possession and use of the My Marathon Life App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
– The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the Platform. This means that, upon your acceptance of these Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the My Marathon Life App against you.
Apple-Enabled Users Only: If you downloaded the My Marathon Life App from the Apple Inc.’s App Store, the license granted to you under these Terms is non-transferable and is for use of the Platform on any Apple products that you own or control.
PAYMENT AND BILLING
In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your phone number and/or your email address. By submitting such information, you grant My Marathon Life without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Services occur through a third-party online payment processing application(s) accessible through the Services. My Marathon Life’s third-party payment processor is in no way subject to My Marathon Life’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). Only valid payment methods acceptable to us may be used to complete a purchase via the Services. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time through the Platform or by emailing info@mymarathonlife.com.
The fees listed on the Platform do not include any Sales Tax that may be due in connection with the Service provided under these Terms. “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
If applicable law requires My Marathon Life to collect Sales Tax from you, we will collect such Sales Tax in addition to the fees. If any Services you receive are subject to any Sales Tax and you have not remitted the applicable Sales Tax to My Marathon Life, you are responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you shall indemnify My Marathon Life for any liability or expense My Marathon Life may incur in connection with such Sales Taxes. Upon My Marathon Life’s request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
If you purchase a subscription, your subscription will continue and automatically renew at My Marathon Life’s then-current price for such subscription until terminated in accordance with these Terms. The frequency at which your subscription renews (e.g., monthly, annually, etc.) will be designated at the time at you sign up for the subscription. By subscribing, you authorize My Marathon Life to charge the payment method designated in your User Account on the applicable payment date during the subscription period. Upon renewal of your subscription, if My Marathon Life does not receive payment, (i) you shall pay all amounts due on your User Account upon demand and/or (ii) you agree that My Marathon Life may either terminate or suspend your subscription and continue to attempt to charge your designated payment method until payment is received (upon receipt of payment, your User Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
If you wish to cancel your subscription or do not wish your User Account to renew automatically, you may do so prior to the date your subscription takes effect or renews.
HOW WE PROTECT YOUR PRIVACY
My Marathon Life values your privacy and is committed to keeping your Personal Information confidential. Please see the My Marathon Life Privacy Policy for an explanation of our privacy practices, the information we collect from you, how we use that information, and your rights regarding your Personal Information. By accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.
By accessing and using the Services and accepting these Terms, you further acknowledge that My Marathon Life may share your Personal Information with third parties in accordance with the Privacy Policy.
Unless specifically stated in the My Marathon Life Privacy Policy, we do not control how third parties whom you share information with via the Services may further use and disclose such information. You expressly acknowledge and agree that My Marathon Life is neither responsible for nor liable to you or any third party for the treatment of your Personal Information by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Information, whether or not such treatment violates applicable law.
By entering into these Terms, you consent to the use of unsecured email, mobile phone text message, or other electronic methods of communication (“E-messages”) between you and My Marathon Life to discuss information relevant to the Services. You hereby acknowledge that E-Messages are typically not a confidential means of communication, and that there is a reasonable chance that others may be able to intercept and see E-Messages, including any attachments thereto and content therein. You have been informed of the risks of transmitting your Personal Information by an unsecured means, including the risk with respect to the confidentiality of such information.
REGISTRATION; USER ACCOUNTS, PASSWORDS, AND SECURITY
The Services are designed to require Users to create a username and password to access and use the Services. Your username and password are, collectively, your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify My Marathon Life in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.
WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR USER CREDENTIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.
You may be held liable for any losses incurred by My Marathon Life and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or User Credentials, regardless of whether you were aware of such use.
YOUR OBLIGATIONS
You will provide us with true, accurate, current, and complete information Personal Information and update your Personal Information as needed to maintain its accuracy and completeness. If you allow someone else to submit your Personal Information to the Platform, you represent and warrant that you expressly consented to such submission. If you are someone who is sharing someone else’s Personal Information to our Platform, you represent and warrant that you expressly received a permission to do so.
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice. You are responsible for the data security of the systems used to access the Services and for the transmission and receipt of information using such systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your systems.
PROHIBITED USE
You may not use the Services for any other purpose than what is allowed pursuant these Terms.
THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR USER ACCOUNT OR YOUR RIGHT TO ACCESS OR USE THE SERVICES.
YOU WILL USE THE AI TOOLS FOR THE SERVICES ONLY AND FOR NO OTHER PURPOSE.
You will not remove, alter, obscure or use My Marathon Life’s name, trademarks, service marks, or logos, or those of third parties accompanying or incorporated into the Services or appearing on in any advertising or publicity or to otherwise indicate My Marathon Life’s or such third party’s sponsorship or affiliation with any content, product, offering or service.
Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by My Marathon Life to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by My Marathon Life, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Services, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any My Marathon Life representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; (p) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other Users or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services; (q) engage, enable or otherwise support, directly or indirectly, in any activities that are directly competitive with the Services, or (q) assist or permit any person in engaging in any of these activities.
My Marathon Life reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account without refund. My Marathon Life may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
RIGHT TO MONITOR
My Marathon Life reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in My Marathon Life’s sole discretion, may be illegal, may subject My Marathon Life to liability, may violate these Terms, or are, in the sole discretion of My Marathon Life, inconsistent with My Marathon Life’s purpose for the Services.
THIRD-PARTY SERVICES AND WEBSITES
To the extent any features, aspects, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions.
IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.
Your use of any Third-Party Services and any interactions with Third-Party Service Providers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Party Service Providers.
In the event of any inconsistency between terms of service relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services only.
In the course of using the Services, you may be introduced to third party websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access Third-Party Sites, you will leave our Services and be redirected to an environment owned and controlled by an external third party.
You acknowledge and agree that Third-Party Sites and Third-Party Service Providers may have different privacy policies, terms of service, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites and Third-Party Services is governed exclusively by the respective Third-Party Rules. We provide access to Third-Party Sites and Third-Party Services as a convenience, and we do not verify, make any representations, or take responsibility for them, including, without limitation, the truthfulness, accuracy, quality, or completeness of their content, applications, links displayed, and/or any other activities conducted through them.
In the event of any dispute between you and any Third-Party Site or Third-Party Service Provider, or between you and any other User or any other entity or individual, you understand and agree that My Marathon Life is under no obligation to become involved in such dispute, and you hereby release and indemnify My Marathon Life, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “My Marathon Life Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of My Marathon Life’s shareholders, directors, officers, employees, contractors or agents (collectively, “My Marathon Life Owners and Personnel”) may have a financial interest in one or more Third-Party Service Providers or Third-Party Sites and may profit from your use of the Third-Party Services or Third-Party Sites and/or the sale of Third-Party Services to you.
YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“THIRD PARTY MATTERS”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY SERVICES PROVIDERS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.
Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.
AMENDMENT
If we need to change any provisions in these Terms in the future, we will post the updated Terms through our Platform and update the “Last Updated and Effective” date to reflect the date of the changes. Any changes to these Terms are effective upon posting to the Platform. By continuing to access or use the Services after we post such changes, you agree to be bound by the Terms, as modified. If you do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services from your device(s).
TERMINATION
If you breach any of the Terms, we may suspend or disable your account or terminate your access to the Services without prior notice to you. There may be other instances where we may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time without prior notice to you, with or without cause unless otherwise prohibited by law.
If you wish to delete your account, please contact info@mymarathonlife.com, immediately discontinue your use of the Services, and delete all files associated with the Services from your computer or mobile device.
You acknowledge and agree that your decision to delete your account or cease your use of the Services does not automatically entitle you to a credit, rebate, refund, or discount.
The provisions of these Terms concerning Services security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of these Terms or your relationship with My Marathon Life. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all My Marathon Life Parties harmless from any and all liability that any such My Marathon Life Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law, we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any information provided by you or on your behalf, or any other information that we may have that relates to you.
DISCLAIMERS
THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. MY MARATHON LIFE DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, SERVICE, OR OTHER OFFERINGS PROVIDED ON OR THROUGH THE SERVICES. MY MARATHON LIFE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICES. MY MARATHON LIFE DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MY MARATHON LIFE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AFFILIATED PROFESSIONALS.
YOU UNDERSTAND THAT MY MARATHON LIFE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALIFICATIONS OR CONDUCT OF PROVIDERS.
MY MARATHON LIFE CANNOT FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. MY MARATHON LIFE CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO OR NEED FROM THE SERVICES.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD MY MARATHON LIFE OR ITS PROVIDERS RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY MY MARATHON LIFE REMAINS WITH YOU. NEITHER MY MARATHON LIFE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MY MARATHON LIFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES. SHOULD ANY COURT OF COMPETENT JURISDICTION FIND THAT THE PRIMARY REMEDY IS UNENFORCEABLE OR INAPPLICABLE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, MY MARATHON LIFE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO MY MARATHON LIFE FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
MY MARATHON LIFE IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDER OR THIRD PARTY, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES YOU ARE RECEIVING FROM A PROVIDER, PLEASE CONTACT info@mymarathonlife.com.
YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO A SERIOUS OR LIFE-THREATENING CONDITION, OR DURING AN EMERGENCY, YOU DO SO AT YOUR SOLE RISK. MY MARATHON LIFE IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.
ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MY MARATHON LIFE AND ITS REPRESENTATIVES FROM ANY THIRD PARTY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF (A) YOUR VIOLATION OF THESE TERMS IN CONNECTION YOUR ACCESS OR USE OF THE SERVICES, (B) YOUR INFRINGEMENT, VIOLATION OR MISAPPROPRIATION OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN CONNECTION YOUR ACCESS OR USE OF THE SERVICES; (C) YOUR NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD IN CONNECTION YOUR ACCESS OR USE OF THE SERVICES; OR (D) YOUR VIOLATION OF APPLICABLE LAW IN CONNECTION YOUR ACCESS OR USE OF THE SERVICES. MY MARATHON LIFE WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, SUIT OR ACTION. MY MARATHON LIFE WILL COOPERATE, AT YOUR EXPENSE, IN THE DEFENSE OF ANY SUCH CLAIM, SUIT OR ACTION. YOU SHALL ALLOW MY MARATHON LIFE TO PARTICIPATE IN THE DEFENSE AND SHALL NOT SETTLE ANY SUCH CLAIM, SUIT OR ACTION WITHOUT THE PRIOR WRITTEN CONSENT OF MY MARATHON LIFE.
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Platform infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to info@mymarathonlife.com.
ENTIRE AGREEMENT
These Terms and any other agreements My Marathon Life may post on the Services, including our Privacy Policy, constitute the entire agreement between My Marathon Life and you in connection with your use of the Services and supersede any prior agreements between My Marathon Life and you regarding use of the Services, including prior versions of these Terms.
DISPUTE RESOLUTION: BINDING ARBITRATION / CLASS WAIVER
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND MY MARATHON LIFE ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO MY MARATHON LIFE OR THE SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM JUDICIAL ARBITRATION AND MEDIATION SERVICES (“JAMS”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE JAMS’S COMMERCIAL ARBITRATION RULES. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the JAMS’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case My Marathon Life will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. My Marathon Life also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the JAMS. Each party agrees to pay its own attorneys’ fees and expenses, unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in New York, New York, except that, in the event New York, New York is not within 100 miles of your residence, the arbitration may be conducted virtually. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief, then you and My Marathon Life agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court New York, New York, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in New York, New York, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that requires arbitration of disputes with My Marathon Life. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with My Marathon Life to: info@mymarathonlife.com, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written notice of Dispute that includes your name, residence address, username (if applicable), and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any notice of Dispute you send to us should be emailed to info@mymarathonlife.com, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable notice of Dispute is received, either party may commence arbitration. If we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at info@mymarathonlife.com, ATTN: Arbitration Opt-Out, within 30 days of the effective date of such modifications.
GOVERNING LAW; VENUE; SEVERABILITY OF PROVISIONS
Services are controlled and operated by My Marathon Life from our offices within the State of New York. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of these Terms will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to any conflicts of law provisions.
All parts of these Terms apply to the maximum extent permitted by law. Our failure to enforce any provision of these Terms will not constitute a waiver of such right. We both agree that if we cannot enforce a part of these Terms as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in these Terms, the invalidity of part of these Terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
ASSIGNMENT
You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. My Marathon Life may, in its sole discretion, assign or transfer its rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
CONTACTING US
If you have any questions or concerns about these Terms, please contact us by email info@mymarathonlife.com. We will attempt to respond to your questions or concerns promptly after we receive them.
