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Disclaimer and Terms of Use

McPherson|Berry Site and TaleMX Membership Site Disclaimer and Terms of Use Agreement

Subscriber

Subscriber agrees to abide by any rules or regulations that McPherson|Berry publishes with respect to conduct of Subscribers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. McPherson|Berry reserves the right to deny a Subscriber and/or an Authorized End User access to the Subscription Website if, in McPherson|Berry’s sole discretion, Subscriber and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.

Subscriber agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Subscriber’s (or the Authorized End User’s) Authentication Information. Subscriber will notify McPherson|Berry immediately of any unauthorized access to, or use of, Authentication Information. McPherson|Berry has the right to disable any Subscriber or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in McPherson|Berry’s opinion, Subscriber and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.

Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold McPherson|Berry liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by McPherson|Berry's upgrading, modification, or standard maintenance of the Website.

Subscriber promises, acknowledges, and agrees on behalf of itself and its company/organization that:

  • Access privileges may not be transferred to any third-parties;
  • It will not access, store, distribute or transmit any Viruses;
  • It will comply with all applicable laws and regulations with respect to use of the Services;
  • It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
  • It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
  •  It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
  • It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
  • It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
  • It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.

Subscriber agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Subscription Fee”). McPherson|Berry reserves the right to change the Subscription Fee with respect to a Renewal Term with prior written notification. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.

Recurring charges are billed in advance of service. Subscriber agrees to provide McPherson|Berry with valid, up-to-date and complete debit/credit card, contact and billing details. Subscriber further authorizes McPherson|Berry to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Subscriber’s credit/debit card company refuses to pay the amount billed for the Services, Subscriber agrees that McPherson|Berry may, at its option, suspend or terminate Subscriber’s subscription to the Services and require Subscriber to pay the overdue amount by other means acceptable to McPherson|Berry. We may charge a fee for reinstatement of suspended or terminated accounts. Subscriber agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Subscriber agrees to reimburse McPherson|Berry for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.

Subscriber is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against McPherson|Berry.

The Subscription will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until Subscriber notifies McPherson|Berry of its intention not to renew prior to the end of the then-current term.

The author and publisher of this Membership Site, McPherson, Berry & Associates, Inc. (McPherson|Berry) and the accompanying resources and materials have used their best efforts in preparing this Membership Site. The materials on this website do not constitute professional business advice and should not be considered as such. You should not rely on the content of this website without seeking formal advice. McPherson|Berry, it’s officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like does not and cannot give legal advice, opinions or recommendations regarding your legal rights, obligations, remedies, defenses or strategies. The content of this website contains general information and may not reflect current legal developments, verdicts or settlements. You should not act or refrain from acting on the basis of any content included in the site without seeking legal advice on the particular facts and circumstances at issue. McPherson|Berry expressly disclaims any liability with respect to any actions taken or not taken based on any or all the contents of this website. We may make available through the Web site sample forms, checklists, business documents and legal documents (collectively, "Documents"). All Documents are provided on a non-exclusive license basis. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The documents are provided “As Is”, “As Available”, and with “All Faults”, and McPherson|Berry and any provider of the documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. Some links within this website may lead to other websites, including those operated and maintained by third parties. McPherson|Berry includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. This website and its contents are provided "AS IS" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. McPherson|Berry is not liable for any loss arising from the material on this website, whatever the effect of that loss may be and however it may have been caused. The materials on this website is provided by way of general guidance only and is not be construed by the reader as legal advice or as a recommendation to take a particular cause of action in the conduct of their business or general affairs. You should not rely upon the material on this website www.mbtalemx.com or mcphersonberry.com as a basis for action that may expose you to a legal liability, injury, loss or damage and it is recommended that you obtain your own legal advice relevant to your particular circumstances. McPherson|Berry disclaims all liability for any loss or injury suffered, howsoever caused as a result of relying upon the contents of this site in the making of any commercial or personal legal

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