The Fixer logo with the words THE FIXER in bold white letters on a black background, with a silhouette of Marcus Lemonis standing in place of the letter I.

Terms of Use

Our website, available at www.thefixer.com (the “Website”), is provided to you by Marcus Entertainment, LLC (“ME,” “we,” “us,” or “our”). As further set out in Section 1.1 (Application of These Terms), these Terms of Use (these “Terms”) apply to any person who accesses, uses, or visits the Website (“you” or “your”). These Terms govern your use of the Website and the information, products, documents, or services offered through the Website (collectively, the “Services”).

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE SERVICES. BY ACCESSING, USING, OR VISITING THE WEBSITE OR BY ACCESSING, USING, OR RECEIVING SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE SERVICES.

  1. Scope of these Terms; Privacy Policy.
    1. Application of These Terms. These Terms apply to you regardless of how you access, use, or visit the Website or otherwise access, use, or receive Services. 
    2. Your Agreement to These Terms. Please read these Terms carefully as they impose legal obligations on you and us. By accessing, using, or visiting our Website or accessing, using, or receiving the Services, you acknowledge and agree to be legally bound by these Terms. If you are agreeing to our Terms on behalf of a company or other legal entity (“Your Organization”), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes of these Terms, the term “you” means Your Organization on whose behalf you are acting. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS, USE, OR VISIT OUR WEBSITE OR ACCESS, USE, OR RECEIVE THE SERVICES. 
    3. Privacy Policy. In addition to these Terms, we publish a Privacy Policy that explains how we collect, use, share, and protect information that you provide to us, including your personal information. Although not a part of these Terms, we encourage you to read the Privacy Policy, which is located here: https://thefixer.com/privacy-policy/
  2. Our Grant of Rights to You. Based on your agreement to comply with these Terms and subject to your compliance with these Terms, we grant you the right to access and use (i) all publicly available information on the Website, (ii) Website Content (as defined in Section 4 (ME Ownership; Reservation of Rights) below), and (iii) Services in order to: (a) learn more about ME and our offerings; (b) access and use the Services or Website; (c) provide information to us through our Website or Services; and (d) download and print materials provided on our Website, all solely for your personal, non-commercial use (collectively, the “General Permitted Purposes”). We strictly prohibit use of the Website, Website Content, and Services for any purpose other than the General Permitted Purposes. If you breach any of these terms, then the above license will terminate automatically, and you must immediately cease your access and use to the Website, Website Content, and Services.
  3. ME Ownership; Reservation of Rights. As between you and us, except for Submitted Content, all information, software, artwork, trademarks, text, video, audio, pictures, logos, screens, and other content on the Website or embodied in our Services, including all associated intellectual property rights (collectively, the “Website Content”), are the property of ME and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. For the avoidance of doubt, the term “Website Content” expressly excludes Submitted Content. ME and its licensors retain all rights with respect to the Website, Website Content, and Services except those expressly granted to you in these Terms. For the avoidance of doubt, this includes the right to withdraw, amend, or modify the Website, Services, Website Content, or any other materials we provided on the Website in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website, Services, or Website Content are unavailable at any time for any period. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the Website, Services, Website Content, or any other material available through the Website or Services unless specifically authorized by these Terms or in writing to do so by ME. 
  4. Submitted Content. The term “Submitted Content” means information, text, video, audio, pictures, logos, or other content or materials that you submit to our Website or otherwise make available to us, including, but not limited to: (i) feedback, questions, comments, and suggestions you provide to us via the Website or Services and (ii) any other information, data, other information that you provide to us via the Website or Services.
    1. Grant of Rights in Submitted Content. By providing Submitted Content, and subject to your rights in personal information set out in the applicable Privacy Policy, you authorize us to copy, modify, display, distribute, perform, use, and otherwise exercise applicable rights in the Submitted Content without compensation to you and for so long as we deem warranted (collectively, the “Use Rights”). In addition, you authorize us to permit third-parties to exercise these Use Rights as necessary. By way of example, the Use Rights include, unless otherwise prohibited by the Privacy Policy or applicable law, the right for us to publish Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered, or otherwise manipulated, for as long as we choose.
    2. Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant to us that you either own such Submitted Content (including any copyright and other intellectual property rights therein) or have obtained sufficient authority, consents and rights in and to the Submitted Content to provide the Use Rights. 
    3. Submitted Content Containing Personal Information. If you provide Submitted Content to the Website that includes personal information, then we will treat such Submitted Content in accordance with such applicable Privacy Policy. 
    4. Right to Decline Submitted Content. We expressly reserve the right to, in our sole discretion, refuse to use (or to disable or remove) Submitted Content that for any reason, including if we conclude, in our sole discretion, that such Submitted Content violates these Terms, applicable law, or is incompatible or inconsistent with the purposes of our Website, Services, or our operations.
  5. Code of Conduct; Revocation or Suspension of Use Privileges. You agree to comply with these Terms and to follow the code of conduct (the “Code of Conduct”) set out in the following sentence. Under the Code of Conduct, you shall not (as determined by ME in its sole discretion):
    • Use the Website, Website Content, or Services for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms;
    • Use the Website in a manner that could disable, overburden, or impair the Website or Services or interfere with another party’s use and enjoyment of the Website, Website Content, and Services, such as through sending “spam”; 
    • Seek to obtain access to any Services, Website components, Website Content, materials, or information through hacking, data harvesting, data mining, artificial intelligence tools, or through other means we have not intentionally made available to you through the Website or Services;
    • Use the Website, Website Content, or Services for any profit-making activities; or
    • Infringe, misappropriate, or violate ME’s or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights, proprietary rights or rights of publicity or privacy.
    • We reserve the right at any time to terminate or suspend your use of some or all of the Website, Website Content, or Services immediately without notice if you engage in activities that we conclude, in our sole discretion, breach our Code of Conduct or otherwise violate these Terms or the applicable Privacy Policy.
  6. Links to Third-Party Websites; Advertisers. Our Website, Website Content, or Services may contain links or references to third-party websites, services, content, or other material. We have no control over these other websites, services, content, or other material and do not assume responsibility or liability for any such websites, services, or the content, opinions, or material available on them. We do not endorse the content, opinions, or materials of any third-party website, nor do we warrant that a third-party site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. If you access any third-party site through the Website, Website Content, or Services, then please be aware that you are doing so at your own risk. We encourage you to review any such third-party website’s terms of use and privacy policy as those, and not our Terms and Privacy Policy, are applicable to your use of such third-party website and any information that the operator of such third-party website collects from you. Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor’s materials.
  7. Disclaimers.
    1. Website Features.Although ME has used commercially reasonable efforts to provide you with clear and accurate information, THE FEATURES OF THE WEBSITE, INCLUDING THE SERVICES AND WEBSITE CONTENT, ARE BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED ON FOR ANY PURPOSE. BY ACCESSING OR USING THE WEBSITE, WEBSITE CONTENT, OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ME AND ITS LICENSORS AND THEIR SERVICE PROVIDERS SHALL NOT BE BOUND BY ANY INFORMATION ON THE WEBSITE, INCLUDING THE SERVICES AND WEBSITE CONTENT. ME AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DO NOT PROMISE, COVENANT, WARRANT, OR REPRESENT THAT THE WEBSITE, WEBSITE CONTENT, OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES, OTHER HARMFUL CONTENT, OR INACCURACIES. THE WEBSITE, WEBSITE CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEN YOU ACCESS THE WEBSITE OR WEBSITE CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK.
    2. Warranty Disclaimers. ME AND ITS LICENSORS AND THEIR SERVICE PROVIDERS DISCLAIM: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, SERVICES, AND WEBSITE CONTENT IS AT YOUR SOLE RISK.
  8. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL ME OR ITS LICENSORS OR THEIR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT, OR SERVICES. IN NO EVENT SHALL ME’S AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT, OR SERVICES EXCEED FIFTY DOLLARS ($50.00).
  9. Indemnity. You agree to defend, indemnify, and hold ME and its subsidiaries, affiliates, officers, directors, agents, representatives, employees, licensors, and service providers (“ME Indemnitees”) harmless from and against any claim, action, suit, or proceeding resulting from, arising out of, or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violate the rights of a third-party and you shall indemnify and hold ME harmless for all losses, damages, liabilities, and all reasonable expenses and costs (including, but not limited to, attorneys’ fees) incurred by ME or any ME Indemnitee in any such claim, action, suit, or proceeding.
  10. Monitoring Website Use. You agree that we have the right and discretion, but not obligation, to monitor any activity and content associated with our Website, Website Content, and Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content, and Services, and may take any action that we believe, in our sole discretion, is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website. We also may report to law enforcement authorities or other appropriate parties, behaviors that we suspect may be harmful to yourself or others, as necessary, and within our sole discretion.
  11. Modifications to these Terms. We may modify these Terms from time to time at our discretion. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access, use, or visit to the Website or access, use, or receipt of Services. You may print out a copy of these Terms for your records.
  12. Assignment. These Terms shall not be assignable, either in whole or in part, by you. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
  13. General. These Terms shall be governed in all respects by the laws of the State of Delaware, without giving effect to its conflicts of law provisions. You and ME submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Kent County, Delaware. You and ME further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms 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. 
  14. Claims Against Other Users. You agree that in the event that you have any right, claim, or action against Site Visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim, or action independently of, and without recourse to, us.
  15. Injunctive Relief. You acknowledge and agree that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the dispute resolution provision of these Terms, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms. 
  16. Translations. These Terms may be translated into languages other than English (collectively, “Translations”). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
  17. Survival. In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 3 (ME Ownership; Reservation of Rights); (ii) Section 4 (Submitted Content); (iii) Section 5 (Code of Conduct; Revocation or Suspension of Use Privileges); (iv) Section 6 (Links to Third-Party Websites); (v) Section 7 (Disclaimers); (vi) Section 8 (Limitation of Liability); (vii) Section 9 (Indemnity); (viii) Section 13 (General); (ix) Section 14 (Claims Against Other Users); (x) Section 15 (Injunctive Relief); (xi) Section 17 (Survival); (xii) Section 19 (Additional Terms); and (xiii) Section 21 (Complete Agreement). 
  18. Contact Us; Alleged Copyright Infringement. We welcome your feedback or suggestions. If you have suggestions, concerns, or questions about these Terms, then please contact us at the address below. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, then please contact us at admin@marcusentertainment.com or:
    Marcus Entertainment, LLC
    Attention: Webmaster
    PO Box 737
    New Tazewell, TN
    37824
  19. Additional Terms. Certain portions of the Website and Services may be subject to additional or different terms and conditions (“Additional Terms”). If you do not agree with such Additional Terms, then do not access, use, or participate in those portions of the Website or applicable Services.
  20. Federal and State Laws. The Website is operated from the United States of America (the “U.S.”) and is intended for U.S. residents only. The Website is not approved for distribution outside of the U.S. and non-U.S. residents should not rely or act upon the information contained within. When using the Website, Services, Website Content, or when using any content provided by us, you must obey all applicable U.S. federal, state, and local laws.
  21. Complete Agreement. These Terms must be read in conjunction with our Privacy Policy and any applicable Additional Terms. To the extent that the Terms conflict with the Privacy Policy or Additional Terms, then the terms of the Privacy Policy and Additional Terms shall control. These Terms, any applicable Additional Terms, and the Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
  22. Effective Date. The effective date of these Terms is July 18, 2025.