and it governs the legal terms of our Site, https://mymackayonline.com, sub-domains, and any associated web-based
and mobile applications (collectively, “Site”), as owned and operated by Mackay
Capitalized terms, unless otherwise defined,
have the meaning specified within the Definitions section below. This Terms of
collectively “Legal Terms”, constitute the entire and only agreement between
you and Mackay Communications, Inc., and supersede all other agreements,
representations, warranties and understandings with respect to our Site and the
subject matter contained herein.
Mackay Communications, Inc. has the discretion
to update this Terms of Service at any time. When we do, we will revise the
updated date at the bottom of this page. We encourage Users to frequently check
this page for any changes to stay informed about our terms. You acknowledge and
agree that it is your responsibility to review the terms periodically and
become aware of modifications.
By using our Site, you agree to fully comply
with and be bound by our Legal Terms. Please review them carefully. If you do
not accept our Legal Terms, do not access and use our Site. If you have already
accessed our Site and do not accept our Legal Terms, you should immediately
discontinue use of our Site.
The terms “us” or “we” or “our” refers to
Mackay Communications, Inc., the owner of the Site.
Our “Service” represents the collective
functionality and features as offered through our Site to our Members.
A “User” is a collective identifier that
refers to either a Visitor or a Member.
All text, information, graphics, audio, video,
and data offered through our Site are collectively known as our “Content”.
Our Site may contain our service marks or
trademarks as well as those of our affiliates or other companies, in the form
of words, graphics, and logos. Your use of our Site does not constitute any
right or license for you to use such service marks/trademarks, without the
prior written permission of the corresponding service mark/trademark owner. Our
Site is also protected under international copyright laws. The copying,
redistribution, use or publication by you of any portion of our Site is
strictly prohibited. Your use of our Site does not grant you ownership rights
of any kind in our Site.
Links to other sites
Our Site may contain links to third party
Sites. These links are provided solely as a convenience to you. By linking to
these Sites, we do not create or have an affiliation with, or sponsor such
third party Sites. The inclusion of links within our Site does not constitute
any endorsement, guarantee, warranty, or recommendation of such third party
Sites. Mackay Communications, Inc. has no control over the legal documents and
privacy practices of third party Sites; as such, you access any such third
party Sites at your own risk.
Our Legal Terms shall be treated as though it
were executed and performed in North Carolina, United States, and shall be
governed by and construed in accordance with the laws of North Carolina, United
States, without regard to conflict of law principles. In addition, you agree to
submit to the personal jurisdiction and venue of such courts. Any cause of
action by you with respect to our Site, must be instituted within one (1) year
after the cause of action arose or be forever waived and barred. Should any
part of our Legal Terms be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that any Content in our Site
conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take
precedence. Our failure to enforce any provision of our Legal Terms shall not
be deemed a waiver of such provision nor of the right to enforce such
provision. The rights of Mackay Communications, Inc. under our Legal Terms
shall survive the termination of our Legal Terms.
If you have any questions about this Privacy
Policy, the practices of this site, or your dealings with this site, please
contact us at:
3691 Trust Drive Raleigh, NC 27616
The last update to our Terms of Service was
posted on June 13, 2013.