Terms of Service

TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS
AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 02/14/2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or interface with
Murmerate, also known as Dba First Class Coach Corp., located at 260 E. Main St., Ste. 6826,
Rochester, New York 14604 and our subsidiaries and affiliates, in association with the use of
the Dba First Class Coach Corp. website, which includes www.murmerate.com, (the "Site")
and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website consulting business which has the following description:
To provide organizational leadership development services
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as
"users" of the herein contained Services provided for the purpose of this TOS. Once an
individual register's for our Services, through the process of creating an account, the user shall
then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made
available through our website and applications, which may include some mobile applications
and that those applications may be made available on various social media networking sites
and numerous other platforms and downloadable programs, are the sole property of
Murmerate. At its discretion, Murmerate may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and this Agreement
shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Murmerate does hereby reserve the
right to cancel and cease offering any of the aforementioned Services and/or products. You, as
the end user and/or member, acknowledge, accept and agree that Murmerate shall not be held
liable for any such updates, modifications, revisions, suspensions or discontinuance of any of
our Services and/or products. Your continued use of the Services provided, after such posting
of any updates, changes, and/or modifications shall constitute your acceptance of such
updates, changes and/or modifications, and as such, frequent review of this Agreement and
any and all applicable terms and policies should be made by you to ensure you are aware of all
terms and policies currently in effect. Should you not agree to the updated, revised or modified
terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided "AS IS" and as such Murmerate shall not assume any responsibility
or obligation for the timeliness, missed delivery, deletion and/or any failure to store user
content, communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter
into and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving Dba First Class Coach Corp.'s
Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Dba First Class Coach Corp. may collect information such as your name,
e-mail address, birth date, gender, mailing address, occupation, industry and personal interests.
You can edit your account information at any time. Once you register with Dba First
Class Coach Corp. and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete
nature, Murmerate will have sufficient grounds and rights to suspend or terminate the member
in violation of this aspect of the Agreement, and as such refuse any and all current or future
use of Murmerate Services, or any portion thereof.
It is Murmerate's priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any
child under the age of 13 that permit their child or children access to the Dba First Class
Coach Corp. website platform Services must create a "family" account, which will certify that
the individual creating the "family" account is of 18 years of age and as such, the parent or
legal guardian of any child or children registered under the "family" account. As the creator of
the "family" account, s/he is thereby granting permission for his/her child or children to access
the various Services provided, including, but not limited to, message boards, email, and/or
instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether
any of the Services and/or content provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the Murmerate Online Privacy Policy (see the full Privacy Policy at https://
www.murmerate.com/privacy-policy). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Murmerate and/or our subsidiaries and
affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all
activities that transpire on or within your account. It is your responsibility for any act or
omission of any user(s) that access your account information that, if undertaken by you, would
be deemed a violation of the TOS. It shall be your responsibility to notify Murmerate
immediately if you notice any unauthorized access or use of your account or password or any
other breach of security. Murmerate shall not be held liable for any loss and/or damage arising
from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Dba First Class Coach Corp. Services, and as such,
we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not
limited to, any errors or omissions in any content posted, and/or any loss or damage of any
kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise
made available by Dba First Class Coach Corp..
Furthermore, you herein agree not to make use of Murmerate's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content
that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Dba First
Class Coach Corp. officials, forum leaders, guides or hosts or falsely stating or
otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that
may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Murmerate Services, servers and/or networks that
may be connected or related to our website, including, but not limited to, the use of any
device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any rules of
any nation or other securities exchange, that would include without limitation, the New
York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States
government as a "foreign terrorist organization" in accordance to Section 219 of the
Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in
the aforementioned paragraphs.
Murmerate herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any
such content that would violate the TOS or which would otherwise be considered offensive to
other visitors, users and/or members.
Murmerate herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any
such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of
any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Murmerate, its visitors, users
and members, including the general public.
Murmerate herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or
material is subject to usage guidelines and regulations established by Murmerate or any other
content providers supplying content services to Murmerate. You are hereby prohibited from
making any attempt to override or circumvent any of the embedded usage rules in our
Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of
any information or materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using www.murmerate.com to send
electronic communications, which would include, but are not limited to, email, searches,
instant messages, uploading of files, photos and/or videos, you will be causing
communications to be sent through our computer network. Therefore, through your use, and
thus your agreement with this TOS, you are acknowledging that the use of this Service shall
result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/
liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Murmerate shall not lay claim to ownership of any content submitted by any visitor, member,
or user, nor make such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Murmerate the below listed worldwide, royalty-free and nonexclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of Murmerate's sites, the license provided to permit to use, distribute, reproduce,
modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Murmerate's sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Murmerate's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of Murmerate's sites and
shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Murmerate's sites, the continuous, binding and completely sublicensable
license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in any
arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Murmerate's sites are those
such areas of our network properties which are meant to be available to the general public, and
which would include message boards and groups that are openly available to both users and
members. However, those areas which are not open to the public, and thus available to
members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Murmerate provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our
site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Dba First Class Coach Corp. shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) Dba First Class Coach Corp. shall be entitled to make use of and/or disclose any such
Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Dba
First Class Coach Corp.; and
e) Dba First Class Coach Corp. is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Murmerate, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by
any third party which may arise from any content a member or user of our site may submit,
post, modify, transmit or otherwise make available through our Services, the use of Dba First
Class Coach Corp. Services or your connection with these Services, your violations of the
Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to Dba First Class Coach Corp.'s
sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Murmerate may set up any such practices and/or limits regarding
the use of our Services, without limitation of the maximum number of days that any email,
message posting or any other uploaded content shall be retained by Murmerate, nor the
maximum number of email messages that may be sent and/or received by any member, the
maximum volume or size of any email message that may be sent from or may be received by
an account on our Service, the maximum disk space allowable that shall be allocated on
Murmerate's servers on the member's behalf, and/or the maximum number of times and/or
duration that any member may access our Services in a given period of time. In addition, you
also agree that Murmerate has absolutely no responsibility or liability for the removal or
failure to maintain storage of any messages and/or other communications or content
maintained or transmitted by our Services. You also herein acknowledge that we reserve the
right to delete or remove any account that is no longer active for an extended period of time.
Furthermore, Murmerate shall reserve the right to modify, alter and/or update these general
practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the
individuals with whom you communicate with the ability to save your conversations in your
account located on Murmerate's servers. In this manner, you will be able to access and search
your message history from any computer with internet access. You also acknowledge that
others have the option to use and save conversations with you in their own personal account
on www.murmerate.com. It is your agreement to this TOS which establishes your consent to
allow Murmerate to store any and all communications on its servers.
MODIFICATIONS
Murmerate shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of www.murmerate.com, you may cancel or terminate your account, associated
email address and/or access to our Services by submitting a cancellation or termination request
to murmerate@murmerate.com.
As a member, you agree that Murmerate may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your
account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with
your www.murmerate.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with www.murmerate.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within
www.murmerate.com;
b) the deletion of your password and any and all related information, files, and any such
content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Murmerate shall not be held responsible or liable
for any loss or damage of any nature or manner incurred as a direct result of any such dealings
or as a result of the presence of such advertisers on our website.
LINKS
Either Murmerate or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for
any content, products, advertising or any other materials, on or available from such third party
sites or resources. Furthermore, you acknowledge and agree that Murmerate shall not be
responsible or liable, directly or indirectly, for any such damage or loss which may be a result
of, caused or allegedly to be caused by or in connection with the use of or the reliance on any
such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Murmerate's Services and any essential software
that may be used in connection with our Services ("Software") shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in
any advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Murmerate
or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,
transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on
Murmerate Services (e.g. Content or Software), in whole or part.
Murmerate herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do
not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any
such right in the Software. Furthermore, you do herein agree not to alter or change the
Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to
our Services. Lastly, you also agree not to access or attempt to access our Services through any
means other than through the interface which is provided by Murmerate for use in accessing
our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF MURMERATE SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON
AN "AS IS" AND/OR "AS AVAILABLE" BASIS. MURMERATE AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF
ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) MURMERATE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
MURMERATE SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) MURMERATE SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MURMERATE
SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY
OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF MURMERATE SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND
ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE
TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/
OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM
THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM MURMERATE OR BY WAY
OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
MURMERATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY
PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE
RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER
INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Murmerate (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third
parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information, the phrase "Let the investor
beware" is appropriate. Murmerate's content is provided primarily for informational purposes,
and no content that shall be provided or included in our Services is intended for trading or
investing purposes. Murmerate and our licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted and/or made available by
way of our Services, and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Murmerate may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings
on our website Services, or other reasonable means currently known or any which may be
herein after developed. Any such notices may not be received if you violate any aspects of the
TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS
constitutes your agreement that you are deemed to have received any and all notices that
would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Murmerate trademarks,
copyright, trade name, service marks, and other Murmerate logos and any brand features, and/
or product and service names are trademarks and as such, are and shall remain the property of
Murmerate. You herein agree not to display and/or use in any manner the Murmerate logo or
marks without obtaining Murmerate's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE
& PROCEDURES
Murmerate will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion,
Murmerate may disable and/or terminate the accounts of any user who violates our TOS and/
or infringes the rights of others. If you feel that your work has been duplicated in such a way
that would constitute copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Murmerate Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Murmerate
Attn: Copyright Agent
260 E. Main St., Ste. 6826
Rochester, New York 14604
Telephone: 617-676-8864
Email: murmerate@murmerate.com
CLOSED CAPTIONING
BE IT KNOWN, that Murmerate complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at www.murmerate.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Murmerate and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with
respect to Murmerate Services. You may also be subject to additional terms and conditions that
may apply when you use or purchase certain other Murmerate Services, affiliate Services,
third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Murmerate with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of New York
without regard to its conflict of law provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the TOS, or the relationship between you and
Murmerate, shall be filed within the courts having jurisdiction within the County of Monroe,
New York or the U.S. District Court located in said state. You and Murmerate agree to submit
to the jurisdiction of the courts as previously mentioned, and agree to waive any and all
objections to the exercise of jurisdiction over the parties by such courts and to venue in such
courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Murmerate fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this
TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the TOS must be filed
within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Murmerate as follows:
Mailing Address:
Murmerate
260 E. Main St., Ste. 6826
Rochester, New York 14604
Telephone: 617-676-8864
Email: murmerate@murmerate.com