Effective Date: July 2017
THESE TERMS EXEMPT MSP AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
Accuracy, Completeness and Timeliness of Information
Although MSP makes reasonable efforts to ensure that all information included on the Site is correct, accuracy and integrity cannot be guaranteed and MSP does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. The Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. MSP is under no obligation to post, forward, transmit, distribute or otherwise provide any information and/or material available from the Site.
Use of the Site
All content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of MSP, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws.
All materials on this Site may only be used for personal, non-commercial purposes. Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt or attempt to interrupt the operation of the Site in any way and MSP reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which MSP may be entitled at law or in equity.
You hereby acknowledge responsibility for any information and/or material submitted via the Site, including the legality, reliability, appropriateness, originality and copyright of any such information and/or material. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law; or (iii) contains software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” may not be uploaded to, distributed or otherwise published through the Site. You may not provide false e-mail addresses or impersonate any person or entity, or otherwise provide misleading information as to the origin of any content. You may not upload commercial content onto the Site.
All remarks, suggestions, ideas, graphics, or other information communicated to MSP through this Site will forever be the property of MSP and MSP will not be required to treat any such submission as confidential. MSP will be entitled to use such submissions for commercial or other purpose without compensation, credits or notice to you or to any other person. MSP will not incur any liability as a result of any similarities that may appear in its future business operations, services or products. By submitting unsolicited submissions to MSP you waive the right to make any claim against MSP relating to the submission.
The Site may contain links to other websites which are provided only as a convenience and as an additional avenue of access to the information contained therein. MSP has not necessarily reviewed all of the information on the other websites mentioned on the Site and is not responsible for the content of any other websites, information, material, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites. MSP is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the websites referenced on the Site.
MSP’s intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of MSP, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by MSP, is for your personal and non-commercial use only and is conditioned on your prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information or any material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. MSP, its affiliates, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights. MSP neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with MSP. MSP reserves all rights not expressly granted in and to the Site and its content.
MSP respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others. If you believe that the Site has infringed your intellectual property rights, please notify MSP and provide the following information:
An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available. A detailed description of the material that you claim is infringing, so that we may locate it on our Site.
Your address, telephone number, and email address. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved. Please send the foregoing to the following address:
Murphy Bed Atlanta
3145 Peachtree Road, Suite 109
Atlanta, Georgia 30305
Phone: (404) 467-9099
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. MSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MSP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MSP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.
LIMITATION OF LIABILITY
MSP MAKES THE SITE AVAILABLE AT NO CHARGE AND, BY USE OF THE SITE, YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SITE AND SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.
MSP, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MSP OR ANY OF ITS AFFILIATES OR BUSINESS PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
USERS OF THE SITE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MSP, ITS AFFILIATES OR BUSINESS PARTNERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MSP IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. YOU AND MSP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR SHORTENING OF THE STATUTE OF LIMITATIONS PERIOD, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Camden County, New Jersey, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees, with the costs of arbitration borne equally by the parties. Notwithstanding the foregoing, you or MSP may seek injunctive relief from an appropriate state or federal court located in New Jersey prior to or during the arbitration.
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of MSP, which may be withheld in MSP’s discretion. MSP may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
How to Contact Us
Murphy Bed Atlanta
3145 Peachtree Road, Suite 109
Atlanta, Georgia 30305
Phone: (404) 467-9099