We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access to mamurphy.com, without refund or recourse.
- Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
- Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright.
- No advertising, trading of goods or services, or other commercial use is allowed except in classified ad forums. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the blog.
- Please use your own name when posting to the blog. Do not impersonate anyone else.
- Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
- Please avoid shouting (using all capital letters) in the blog.
- Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the blog. Do not libel or defame others. mamurphy.com strongly disapproves flaming.
- When you post content in mamurphy.com blog, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.We do not try to edit or to monitor messages posted on this site’s blog, but bmyers.com has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not mamurphy.com. Violators may be permanently banned from using the blog, or even have their subscriptions terminated.
Copyright and Trademark Law
All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of mamurphy.com, which reserves all rights . Limitation of Liability
THIS WEB SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS WEB SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS WEB SITE FORUMS AND THAT YOUR USE OF THIS WEB SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS WEB SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS WEB SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS WEB SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.
This agreement applies to the download and use of computer files, applications, extensions, and components (collectively, “DOWNLOADED FILES”;) posted in this Download Area.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND M.A. MURPHY & CO WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY M.A. MURPHY & CO.
NON-M.A. MURPHY & CO FILES AVAILABLE THROUGH THIS DOWNLOAD AREA ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY. M.A. MURPHY & CO HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE EXPLICITLY INDICATED.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use M.A. Murphy’s names, logos, or trademarks or to indicate that you are using a M.A. Murphy file. You acknowledge and agree that all rights, title, and interest in and to the file belong to M.A. Murphy or the creator of such downloadable file. You do not derive and will not be able to assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to M.A. Murphy or other creator of the Downloaded File beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
M.A. Murphy may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to M.A. Murphy or destroy all copies of all Files Downloaded from this download area.
Risk of Use
YOU UNDERSTAND THAT THE DOWNLOADED FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY DOWNLOADED FILE IS ENTIRELY AT YOUR OWN RISK.
THE DOWNLOADED FILES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify, and hold harmless M.A. Murphy against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys’ fees) imposed upon, incurred by, or asserted against M.A. Murphy that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Downloaded File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.
Limitation on Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY’S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
U.S. Government Restricted Rights
If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. M.A. Murphy reserves all unpublished rights under the United States Copyright laws.
You have no authority to act on M.A. Murphy’s behalf or to bind THE COMPANY to any obligation or representation, and you and THE COMPANY shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the Commonwealth of Washington control this Agreement if you are located in the United States or in any other country. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and M.A. Murphy Corporation concerning the Software Component. The failure or delay of M.A. Murphy to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
M.A. Murphy and/or www.mamurphy.com is not a lawyer or law firm and does not employ any lawyers or legal counsel of any type. This website is for informational purposes only and does not give legal advice or substitute for consulting an attorney. Nothing contained herein shall constitute the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, including but not limited to the preparation of any contract or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined. Transmission of any information by and/or through M.A. Murphy and/or www.mamurphy.com is not intended to create and receipt thereof does not create an attorney-client relationship. M.A. Murphy and/or www.mamurphy.com makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites. Because legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, M.A. Murphy and/or www.mamurphy.com recommends that all Members and/or Visitors discuss their particular situation with an attorney.
LIQUIDATED DAMAGES / LIMIT OF LIABILITY
Under no circumstances shall M.A. Murphy and/or www.mamurphy.com be liable to any [Purchaser/Visitor/Member] on account that [Purchaser’s/Visitor’s/Member’s] use or misuse of or reliance on the [product/information/service] provided by and/or through M.A. Murphy and/or www.mamurphy.com. In no event shall [Purchaser/Visitor/Member] recover more than the amount paid by [Purchaser/Visitor/Member] for the [product/information/service] purchased from and/or through M.A. Murphy and/or www.mamurphy.com.
M.A. Murphy and/or www.mamurphy.com assumes no liability for the information, services, and/or products provided by and/or through M.A. Murphy and/or www.mamurphy.com. Any information contained in M.A. Murphy and/or www.mamurphy.com, any products purchased from and/or through M.A. Murphy and/or www.mamurphy.com, and any information contained in or a part of any products purchased from and/or through M.A. Murphy and/or www.mamurphy.com is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CHOICE OF LAW, MEDIATION, VENUE
Any dispute arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through M.A. Murphy and/or www.mamurphy.com shall be governed by and construed in accordance with the substantive laws of the State of Texas and the laws of the United States of America applicable to transactions within the State of Texas. Any purchase made from and/or through M.A. Murphy and/or www.mamurphy.com shall constitute an agreement (the “Agreement”) performable in Collin County, Texas. Prior to instituting any legal action in any court of law arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement, [Purchaser/Visitor/Member] and M.A. Murphy and/or www.mamurphy.com expressly agree that any such dispute shall first be subject to non-binding mediation conducted by Dispute Resolution Services of North Texas. [Purchaser/Visitor/Member] and M.A. Murphy and/or www.mamurphy.com shall bear the cost of said mediation equally. [Purchaser/Visitor/Member] and M.A. Murphy and/or www.mamurphy.com may institute legal action arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement only after participating in said mediation. Following the requisite mediation, any legal action arising out of, in connection with, or in relation to the information, services, and/or products provided by or through M.A. Murphy and/or www.mamurphy.com shall be brought exclusively in a State of Texas court in Collin County, Texas. The information, services, and/or products provided by and/or through M.A. Murphy and/or www.mamurphy.com shall be deemed made and performable in Collin County.
To the fullest extent permitted by law, [Purchaser/Visitor/Member] shall RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS M.A. Murphy and/or www.mamurphy.com from and against, and assume responsibility for, any and all claims, damages, losses, fines, civil penalties, liabilities, judgments, costs and expenses of any kind or nature whatsoever (including but not limited to interest, court costs and attorney’s fees) arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through M.A. Murphy and/or www.mamurphy.com to [Purchaser/Visitor/Member] or any intended third-party beneficiaries of [Purchaser/Visitor/Member], regardless of whether or not the damage, loss or injury complained of arises out of or relates to the negligence (whether active, passive or otherwise) of, or was caused in part by, M.A. Murphy and/or www.mamurphy.com.