Terms of Use

Terms of Use

 

Effective Date: June 22, 2020

By accessing and using this web site (“Site”), you agree to the following terms and conditions (“Terms of Use”).  Your continued use shall be deemed your acceptance of the Terms of Use.

Murphy Business brokerage firms are independently owned and operated by franchisees of Murphy Business & Financial Corporation LLC (“Murphy”).  Murphy is not responsible for the acts or omissions of any franchised location or for any obligations to you that are incurred by any such franchised location. Each franchise is solely and independently responsible for its legal and regulatory compliance and for any issues arising from or related to its business brokerage services.   Some service offerings may not be available at all franchised locations.

 

Ownership of Site and Content

Unless otherwise stated, the contents of the Site, including but not limited to the text and images contained therein, are the property of Murphy Business & Financial Corporation LLC (“Murphy”).

There are references throughout the Site to various trademarks and service marks.  Such marks, whether registered or not, are the property of their respective owners.

Nothing contained in the Site shall be construed as conferring any license or right to any copyright, patent, trademark or other proprietary interest of Murphy or any third party.

 

Use of Site and Content

The Site and its content are provided free of charge.  All or any portion of the Site and its content may be downloaded, displayed and printed for your personal, non-commercial use only, provided that you do not modify the content in any way and you keep intact all copyright, trademark and other proprietary notices.  Reproduction, transmission and/or distribution of all or any portion of the content of the Site for any other purpose, whether in print or electronically, is expressly prohibited without the prior written consent of Murphy.

The content on the Site, including descriptions of service offerings, is for informational purposes only and subject to change.  It does not create a business or professional services relationship between you and Murphy. In no event will Murphy be liable for any decision made or action taken by you or anyone else in reliance on any content on the Site.

From time to time the Site may contain forward-looking statements that include information about financial prospects, plans and objectives, economic conditions, trends, and known uncertainties. Actual outcomes could differ materially from those anticipated on the Site.

Any financial calculators and models are provided for illustrative purposes only. You are responsible for verifying the accuracy and suitability of all assumptions and calculations as they pertain to you.


Links to Other Sites

Links on the Site may lead to sites or services not owned or controlled by Murphy. Murphy neither reviews nor controls the content and accuracy of third-party sites, and therefore takes no responsibility for their content and accuracy.  A link to a third-party site or service is not an endorsement of that site or service.  Your access to and use of third-party sites and services and the information provided on such sites is at your sole risk.

You further acknowledge and agree that Murphy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Harmful Code

Murphy cannot and does not warrant that the Site or any code, files or software that may be downloaded from the Site are free of viruses, worms, Trojan horses, or other code that has contaminating or destructive properties (collectively, “Harmful Code”).

Users are prohibited from posting, downloading, installing or transmitting code, algorithms, firmware, software and/or storage devices on the Site that would enable them to harvest data and information covertly, particularly where such data and information (i) is not typically provided to end-users; (ii) requires a fee-based subscription; (iii) collects personally identifiable information about other users in violation of Murphy’s Privacy Policy; or (iv) would not otherwise be shared with the user based on the applicable RBAC policy. Users are also prohibited from posting, downloading, installing or transmitting Harmful Code on the Site. If Murphy detects such conduct, it may pursue all remedies that are available to it by contract, in equity and at law, including criminal charges where appropriate.

 

Unsolicited Contributions

Murphy discourages the submission of unsolicited ideas outside the scope of a current business relationship. Barring an exception set forth in the Terms of Use, in Murphy’s Privacy Policy, or in a written agreement duly executed by you and Murphy and which remains in effect as of the date of such submission, if you submit an unsolicited idea through the Site, you hereby waive and relinquish all right, title and interest in such idea and the development thereof, and the idea shall immediately become the exclusive property of Murphy with all attendant rights of ownership.  Murphy may henceforth freely use the idea and any modifications thereto without obligation or restriction of any kind and without accounting.

If you nevertheless choose to submit an unsolicited idea in the absence of one of the exceptions described above, you represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so.

 

Social Networking Media

Your right to use any social networking media that may be available on the Site, including but not limited to comments, posts, blogs, discussion threads, message boards and wikis (collectively “Social Media”), is conditioned upon your compliance with the following:

  1. Do not post or transmit, in any form or media, any unlawful, violent, hateful, defamatory, libelous, offensive, pornographic, overtly sexual, obscene, vulgar, profane or indecent images or comments. Such prohibited content includes statements that incite imminent lawless action.
  2. Do not post or transmit, in any form or media, any sexist, racist, homophobic, xenophobic or bigoted images or comments.
  3. Do not engage in disruptive activity online, including excessive use of scripts, sound waves, and scrolling (e., repeating the same message over and over).
  4. Do not post or transmit any data, information, images, audio, video, software or other material that is intended to (or it is reasonably likely that its use and disclosure will) abuse, harass, stalk, threaten, or shame, or violate or infringe the legal rights of, another person or persons (g., invasion of privacy rights, failure to honor right of publicity).
  5. Do not post or transmit, in any form or media, any data, information, images, audio, video, software or other material for commercial purposes, other than commercial purposes that are consistent with both the subject matter of the Site and the purposes for which Murphy maintains the Site.
  6. Do not use Social Media to solicit funds from, or donate to, other users, unless Murphy has explicitly authorized use of Social Media for fund-raising for a specific project.
  7. Do not assume or provide a false identity. Whether on the Site or using Social Media, users may not misrepresent their employer, education, experience, profession or professional affiliation(s) to any person or entity.

You agree: (a) to cooperate fully in any investigation by Murphy,  Murphy’s agent and/or law enforcement  of an alleged violation of the above protocols; (b) that Murphy, in its sole discretion, determines whether a violation of these protocols has occurred and what the penalty will be (to the extent that Murphy can control the outcome); (c) and to indemnify and hold Murphy and its officers, directors, employees, contractors and agents harmless from any claim or demand arising from or related to your actual violation of such protocols.

You understand that Murphy does not control, and is not responsible for, posts from other users and that by using the Site, you may be exposed to content form other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You are responsible for the content you share.

 

Murphy may, but is not required to, monitor communications on Social Media.  Murphy reserves the right to monitor, observe, listen to, and record any and all data, information and communications transmitted or received through Social Media and/or the Site, in a manner that conforms to both Murphy’s Privacy Policy and United States law.  Murphy also reserves the right, in its sole discretion, and for any or no reason, to remove any data, information or other content, in whole or in part, from Social Media and the Site.

 

The Digital Millennium Copyright Act

Murphy reserves the right, but not the obligation, to terminate your access to the Site if it determines in its sole discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Murphy and its service providers accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. Murphy has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Our designated agent to receive notification of claimed infringement is:

Murphy Business & Financial Corporation
Attn: Legal Department
407 N. Belcher Road
Clearwater, FL 33765
(727) 725-7090
legal@murphybusiness.com

 

Any notice regarding any infringement of copyright or of other proprietary rights must include the following information:

  1. A signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

 

Minors and the Children’s Online Privacy Protection Act

As of the Effective Date of the Terms of Use, no Site or app owned and controlled by Murphy is intended for either (a) use by children under the age of 13 (“Minors”) or (b) the collection of personal information from Minors.  Accordingly, Murphy is not subject to the Children’s Online Privacy Protection Act. If these protocols change in the future for a Site or app owned and controlled by Murphy, Murphy will modify the log-on screen and/or home page, as applicable, so that it explicitly states upon initial access that its intent is to collect personal information from  Minors.

If you allow a Minor who is either your child, or a child for whom you are legal guardian, to access and use the Site, you agree that you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Service; and (iii) the consequences of any use.

 

Disclaimer of Warranties

The Site and its contents are provided “AS IS,” and Murphy makes no representation or warranty of any kind with respect to the Site or any site or service accessible through the Site. Murphy expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Due to the erratic nature of the Internet and the number of factors beyond Murphy’s control, Murphy does not warrant that access to the Site will be uninterrupted or error-free. Murphy does not warrant or make any representations regarding the usefulness of or the expected results of services described on the Site. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

Compliance with Laws

You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site.  You agree that you will not access or use the information on this Site in violation of such laws.

If you choose to access the Site from outside the United States, you do so on your own initiative and remain responsible for compliance with U.S. and local laws, if and to the extent that local laws are applicable. Software is subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (i) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (ii) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list. You agree to comply with U.S. export control laws and that you will not transfer any software or other content from the Service to a foreign national or foreign country in violation of those laws.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MURPHY AND ITS AFFILIATES, THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND FRANCHISEES, AND THE EMPLOYEES, CONTRACTORS, AND AGENTS OF THE FRANCHISEES, BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, AND HOWSOEVER CAUSED, FOR CLAIMS ARISING FROM OR RELATED TO THE SITE AND ITS CONTENTS, INCLUDING ANY CLAIMS BY THIRD PARTIES, EVEN IF MURPHY WAS ADVISED IN ADVANCE OF THEIR POSSIBILITY. MURPHY’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT, BECAUSE MURPHY PROVIDED THE SITE AND ITS CONTENTS AT NO CHARGE, MURPHY’S TOTAL LIABILITY FOR RELATED DAMAGES  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MURPHY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT PAID MURPHY, IF ANY, IN THE PAST TWELVE MONTHS. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ARE REASONABLE AND AN ESSENTIAL PART OF THESE TERMS OF USE.

 

Changes

We reserve the right, at our sole discretion, to make changes to the Site and modify or replace these Terms of Use at any time. We encourage you to review such content periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of the modified Terms of Use and the reasonableness of these standards for notice of changes.

Applicable Law

Use of the Site will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Murphy will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Termination

We reserve the right to terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Discrimination is Against the Law

Murphy prohibits discrimination against, and harassment of, any employee or any applicant for employment because of race, color, national or ethnic origin, age, religion, disability, sex, sexual orientation, gender identity and expression, and veteran status. All personnel who are responsible for hiring and promoting employees are charged to support this effort and to respond promptly and appropriately to any complaints.