TERMS OF SERVICE
Last updated December 13, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
AGREEMENT TO TERMS
These Terms of service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and QauilTek LLC (“we,” “us” or “our”), concerning your access to and use of the MURJ app as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, MURJ). You agree that by accessing the MURJ Application, you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING MURJ AND YOU MUST DISCONTINUE USE IMMEDIATELY. You may obtain a copy of this Agreement by emailing us at:
Supplemental terms of service or documents that may be posted on MURJ from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of MURJ after the date such revised Terms are posted.
The information provided on MURJ is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access MURJ from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
MURJ is intended for users who are at least 18 years old (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY. Persons under the age of 18 are not permitted to register for MURJ.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, MURJ is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on MURJ (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on MURJ “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of MURJ and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you are eligible to use MURJ, you are granted a limited license to access and use MURJ and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to MURJ, Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse all current or future use of MURJ (or any portion thereof).
You may be required to register with MURJ. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use MURJ for any purpose other than that for which we make MURJ available. MURJ may not be used about any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of MURJ, you agree not to:
MURJ is not a porn site/app, there will be ZERO tolerance for users that upload pornographic images, NO NUDES please.
Using MURJ DISCUSSIONS is not to be used as a place to obtain a diagnosis on an issue or as a replacement for professional consultations with approved medical practitioners.
systematically retrieve data or other content from MURJ to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of MURJ, including collecting usernames and/or email addresses of users by electronic or other means for sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on MURJ.
use MURJ to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of MURJ, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of MURJ and/or the Content contained therein.
engage in unauthorized framing of or linking to MURJ.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on MURJ or the networks or services connected to MURJ.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from MURJ to harass, abuse, or harm another person.
use MURJ as part of any effort to compete with us or otherwise use MURJ and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of MURJ.
attempt to bypass any measures of MURJ designed to prevent or restrict access to MURJ, or any portion of MURJ.
harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of MURJ to you.
delete the copyright or other proprietary rights notice from any Content.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of MURJ or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of MURJ.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses MURJ, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in our opinion, us and/or MURJ.
use MURJ in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
MURJ may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on MURJ, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of MURJ and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, MURJ, and other users of MURJ to use your Contributions in any manner contemplated by MURJ and these Terms of Service.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of MURJ in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use MURJ.
By posting your Contributions to any part of MURJ [or making Contributions accessible to MURJ by linking your account from MURJ to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on MURJ. You are solely responsible for your Contributions to MURJ and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on MURJ; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on MURJ to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you access MURJ via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms of service of this mobile application license contained in these Terms of Service. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access MURJ: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms of service of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
MURJ offer the following subscription options to choose from, starting as low as $9.99 USD per month.
1 month: $9.99 USD
3 months: $20.99 USD
6 months: $ 40.99 USD
12 months: $80.99 USD
If you decided to upgrade to MURJ PRO your membership will automatically renew monthly. We do not process any payments nor collect any financial information from you. If you have any questions regarding payment information please contact the applicable App Distributor; iTunes or Google Play Service. If your subscription is billed through iTunes, you must cancel at least 24 hours prior to your next scheduled automatic payment, by following the process outlined here. If your subscription is billed through Google Play, you must cancel within 7 days from the start of your billing cycle, by following the process outlined here.
With sole discretion we offer you the opportunity to purchase Gifts and other Services on MURJ with virtual currency, (“Credits”). These Credits provide only a limited, non-transferable, non-sub licensable, fully-revocable license to use such Credits to access Services that we expressly make available for use with such Credits for your personal non-commercial use. Credits are redeemable only on the MURJ App for MURJ digital merchandise and content. Credits do not expire. Credits are non-refundable. Credits have no monetary value and do not constitute currency or property of any type. Credits is not transferable or assignable. You will not be entitled to a refund, money or any other compensation for unused Credits and virtual items when an account is closed, whether such closure was voluntary or involuntary.
You may use Credits to purchase Gifts for other users. The price for each Gift will be displayed at the point of purchase. Gifts constitute a limited license to access a certain feature on the MURJ platform when, as, and if allowed by MURJ. All sales of Gifts are final and MURJ does not offer refunds for any purchased Gifts. MURJ is not responsible for repairing or replacing Gifts, or providing you with any credit or refund if MURJ modifies, suspends, or terminates the Gift program, or for loss or damage due to any service error, or any other reason.
Gifts purchased or received by any user do not constitute property and are not transferable. Gifts are the property of MURJ and should not be used on any other social media sites/apps. That means, please do not screenshot and send MURJ gifts elsewhere. It’s that simple. Failure to comply with this rule, your account will be TERMINATED!
A verified badge is a check that appears next to your Full/Display name throughout the App. It means that MURJ has confirmed that your profile is authentic and you are who you say you are. This is to weed out Spam and Catfish accounts!
You will receive an email from our Support Team in request of a good time to verify your account. To be verified you will need to be able to submit a photo to our support team holding a sheet a paper with whatever number or phrase is given to you. Please make sure it is a clear picture or it will not be accepted. If you do not submit a photo then you will not receive a verified badge! There will be no refund for the virtual credits that you have spent, because you were aware of these Terms.
Though we don't proactively monitor verified accounts for changes, we may take away an account's verified status if it posts spam or some other content that doesn't follow our Community Guidelines. Keep in mind that you can't transfer, sell or advertise a verified badge, and doing so may result in badge removal or termination of your MURJ account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding MURJ ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of MURJ, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on MURJ and any services provided on MURJ or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on MURJ, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. [As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
We respect the intellectual property rights of others. If you believe that any material available on or through MURJ infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by MURJ infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on MURJ are covered by the Notification, a representative list of such works on MURJ; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from MURJ because of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
3419 Virginia Beach Blvd
Virginia Beach, VA 23542
We respect the intellectual property rights of others. If you believe that any material available on or through MURJ infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by MURJ infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of MURJ at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of MURJ without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of MURJ.
We cannot guarantee MURJ will be available always. We may experience hardware, software, or other problems or need to perform maintenance related to MURJ, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify MURJ at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use MURJ during any downtime or discontinuance of MURJ. Nothing in these Terms of Service will be construed to obligate us to maintain and support MURJ or to supply any corrections, updates, or releases in connection therewith.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Virginia Beach, Virginia, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non-convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service.
IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO MURJ OR SERVICES BE COMMENCED MORE THAN 1 YEARS AFTER THE CAUSE OF ACTION AROSE. IF THIS PROVISION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THEN NEITHER PARTY WILL ELECT TO ARBITRATE ANY DISPUTE FALLING WITHIN THAT PORTION OF THIS PROVISION FOUND TO BE ILLEGAL OR UNENFORCEABLE AND SUCH DISPUTE SHALL BE DECIDED BY A COURT OF COMPETENT JURISDICTION WITHIN THE COURTS LISTED FOR JURISDICTION ABOVE, AND THE PARTIES AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.
There may be information on MURJ that contains typographical errors, inaccuracies, or omissions that may relate to MURJ, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on MURJ at any time, without prior notice.
MURJ IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF MURJ SERVICES WILL BE AT YOUR SOLE RISK. FULLY PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ABOUT MURJ AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF MURJ’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF MURJ, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM MURJ, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH MURJ BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA MURJ. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH MURJ, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF MURJ, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 6 MONTHs PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] $34.97. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
We will maintain certain data that you transmit to MURJ for managing MURJ, as well as data relating to your use of MURJ. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using MURJ. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting MURJ, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on MURJ, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA MURJ. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating rules posted by us on MURJ constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate fully permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us because of these Terms of Service or use of MURJ. You agree that these Terms of Service will not be construed against us by having drafted them. You hereby waive all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
To resolve a complaint regarding MURJ or to receive further information regarding use of MURJ, please contact us at:
3419 Virginia Beach Blvd #5002
Virginia Beach, VA 23452