Terms of Use



Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (“Terms of Use”) apply to the MurCal web site located at www.murcal.com, and all associated sites linked to www.murcal.com by MurCal, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Murphy Switch of California, Inc. (“MurCal”). This website service is available “as is”. We make no warranties or representations that this website will be accurate, comprehensive, uninterrupted or error-free. There may be omissions or inaccuracies with technical and regulatory information or other materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this website or available though links in this website. We reserve the right to correct any errors or omissions in this website. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.


Content

All materials on this site, including, but not limited to text, images, photographs, logos, artwork, illustrations, audio clips, video clips and computer code (collectively, "Content") including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MurCal (the “Company”), and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from http://www.murcal.com or any other web site owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Content, and other downloadable items displayed on the site, for personal non-commercial home use only, provided all copyright and other notices contained in the Content are left intact. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Content materials on any other web site or other networked computer environment is prohibited without prior written permission from the Company.

You may use information on MurCal products and services (such as sales sheets, installation instructions, and similar materials) purposely made available by MurCal for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.


Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MurCal server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of MurCal, including any MurCal account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MurCal’s systems or networks, or any systems or networks connected to the Site or to MurCal.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MurCal on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MurCal or others.

Although we intend to take reasonable steps to prevent the introduction of computer viruses, worms, “trojan horses” or other destructive materials to this website, we do not guarantee or warrant that this website or materials that may be downloaded from this website do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this website and any materials available through this website, you do so solely at your own risk.

This Site may contain links to other world wide web sites (“Third Party Sites”). Where possible, these links will be made clear, though Third Party Sites may be co-branded with this Website. We are not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.


Limitation of Liability

Murphy Switch of California, Inc., its officers, directors, shareholders, affiliates, or agents are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Website (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Website.


Indemnification

You agree to indemnify and hold harmless Murphy Switch of California, Inc., its directors, officers, shareholders, affiliates, and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.


Purchases: Terms & Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

MurCal’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

MurCal may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and MurCal makes no commitment to update the materials on the Site with respect to such products and services.


Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a MurCal ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify MurCal immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by MurCal or any other user of or visitor to the Site due to someone else using your MurCal ID, password or account.

You may not use anyone else’s MurCal ID, password or account at any time without the express permission and consent of the holder of that MurCal ID, password or account. MurCal cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

MurCal reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, MurCal grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MurCal with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MurCal with respect to such use are hereby superseded and cancelled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.


Governing Law - Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Los Angeles County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MurCal and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Void Where Prohibited

MurCal administers and operates the www.murcal.com Site from its location in Palmdale, California USA; Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MurCal reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.


Feedback and Information

Any feedback you provide at this site shall be deemed non-confidential. MurCal shall be free to use such information on an unrestricted basis.
 

 

The information contained in this web site is subject to change without notice.
Copyright © 2011 Murphy Switch of California, Inc. All rights reserved.
MurCal, 41343 12th Street West, Palmdale, CA 93551, USA