These terms and conditions of use ("Site Terms") apply exclusively to your access to, and use of, the Web site of Murphy & Associates, Inc. ("Murphy & Associates"), located at
(the "Site") and your use of the consulting services, including without limitation, resume searching and submittal, timesheet creation and submittal, and other related services which are provided through the Site ("Services"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Murphy & Associates, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Murphy & Associates for violations of these Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
If you have any question regarding the use of the Site or its contents, please direct them to
The Service also allows you to create, edit, submit and store your resumes and timesheets on the Site. All resumes and timesheets submitted to us through the Site must be accurate and kept current and must comply with the other requirements set forth in these Site Terms. Murphy & Associates reserves the right in its sole discretion, and without notice, to refuse to accept and maintain any resume or other information and to terminate the account of, and permanently disable the resume submission functionality of, any user found to be in violation of the terms of these Site Terms.
- Copyright and Limited License
- Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the Murphy & Associates logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Murphy & Associates or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, internal business and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the distribution, public performance or public display of any Site Materials, (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Murphy & Associates, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time in the sole discretion of Murphy & Associates.
- Repeat Infringer Policy
- In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Murphy & Associates has adopted a policy of terminating, in appropriate circumstances and at Murphy & Associates' sole discretion, subscribers or account holders who are deemed to be repeat infringers. Murphy & Associates may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Copyright Complaints
- If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Erik Murphy
Full Address of Designated Agent to Which Notification Should be Sent:
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
- "Murphy & Associates", the Murphy & Associates logos and any other product or service name or slogan contained in the Site are trademarks of Murphy & Associates and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Murphy & Associates or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Murphy & Associates" or any other name, trademark or product or service name of Murphy & Associates without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Murphy & Associates and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
- You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Murphy & Associates or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Murphy & Associates logo or other proprietary graphic of Murphy & Associates to link to this Site without the express written permission of Murphy & Associates. Further, you may not use, frame or utilize framing techniques to enclose any Murphy & Associates trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Murphy & Associates' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Murphy & Associates or any third party.
Murphy & Associates makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Murphy & Associates and Murphy & Associates is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Murphy & Associates provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Murphy & Associates of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
- Third Party Content
- Murphy & Associates may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Murphy & Associates does not monitor or have any control over any Third Party Content or third party Web sites. Murphy & Associates does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Murphy & Associates does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
- Advertisements and Promotions
- Murphy & Associates may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Murphy & Associates, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Murphy & Associates is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Murphy & Associates advertisers on the Site.
- You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Murphy & Associates or Murphy & Associates' products or services that are provided by you in the form of email or other submissions to Murphy & Associates, or any postings on the Site ("Feedback"), are non-confidential and shall become the sole property of Murphy & Associates. Murphy & Associates shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of all Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Content and Interactive Services or Areas
- The Site includes areas in which users may post or submit content and information, including without limitation resumes, messages, data, text, photos, graphics or other materials (the “User Content”) and may include discussion forums or other interactive areas or services, including chat rooms, blogs or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any User Content on the Site (the “Interactive Areas”). You are solely responsible for the User Content you post and for your use of such Interactive Areas. You acknowledge that your use of the Interactive Areas is at your own risk. By posting any User Content or using any Interactive Areas, you agree not to post, upload transmit, distribute, store, create or otherwise publish through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, misleading, or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Murphy & Associates, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Murphy & Associates or its users to any harm or liability of any type.
If you post User Content to the Site, you grant Murphy & Associates and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Murphy & Associates and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate the law or these Site Terms and will not violate any rights of or cause injury to any person or entity. You further understand and agree that, in order to help ensure smooth operation of our system, we may keep backup copies of User Content indefinitely.
You understand and acknowledge that any User Content contained in public postings will be readily accessible to the public and could be accessed, indexed, archived, linked to and republished by others including without limitation appearing on other web sites and in search engine results. In addition, there is no way to guarantee that such information cannot nonetheless be accessed by unauthorized persons. Therefore, you should be careful about the nature of the User Content you post. Murphy & Associates shall not be responsible or liable for any third party access to or use of the User Content you post.
- This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18, is unauthorized, unlicensed and in violation of these Site Terms. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.
- Registration Data; Account Security
- In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Murphy & Associates, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Murphy & Associates.
- You agree to defend, indemnify and hold harmless Murphy & Associates, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, including without limitation any actual or threatened suit, demand or claim made against Murphy & Associates and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MURPHY & ASSOCIATES, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MURPHY & ASSOCIATES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE AND SERVICE. MURPHY & ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MURPHY & ASSOCIATES DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WHILE MURPHY & ASSOCIATES ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, MURPHY & ASSOCIATES CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Murphy & Associates reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Murphy & Associates.
- Limitation of Liability
- IN NO EVENT SHALL MURPHY & ASSOCIATES, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE USE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM MURPHY & ASSOCIATES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MURPHY & ASSOCIATES' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MURPHY & ASSOCIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MURPHY & ASSOCIATES FOR ACCESS TO OR USE OF THE SITE.
- Applicable Law and Venue
- These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
- Notwithstanding any of these Site Terms, Murphy & Associates reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
- If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
- Questions and Contact Information
- Questions or comments about the Site may be directed to Murphy & Associates at the email address firstname.lastname@example.org or by calling us at (425) 250-1300.