Terms of Use

This Terms of Use represents a legal document and it governs the legal terms of our Site, http://MackayComm.com, sub-domains, and any associated web-based and mobile applications (collectively, “Site”), as owned and operated by Mackay Communications, Inc.®.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service, along with our Privacy Policy, and other posted guidelines within our Site, 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.

Definitions

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”.

Intellectual property

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.

General terms

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.