Terms of Use

Last Updated January 1, 2023

A.J. McKay's Auto Repair, controls and operates the Internet website located at www.mckayautorepair.com (the "Site"). Please read the following terms and conditions carefully. By using this Site, you agree to these terms and conditions. If you do not agree, you should not use this Site. Because the Internet is an evolving medium, we may need to change these Terms of Use or impose new conditions on the use of this Site , from time to time, in which case we will post the revised Terms of Use on this Site. Please check these Terms of Use periodically to inform yourself of any changes. By continuing to use this Site, you accept these Terms of Use, including any modifications made as of the date of your use. We also have a Privacy Policy which you should read and may access by clicking on the following link. Privacy Statement.

Copyright and Trademarks

This Site contain material which is the property of A.J. McKay's Auto Repair, and which is protected by United States and international copyright, trademark and other intellectual property laws. A.J. McKay's Auto Repair is a registered trademark of A.J. McKay's Auto Repair. All content posted on this Site is the sole and exclusive property of A.J. McKay's Auto Repair. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way material from this Site, including code and software underlying this Site. You may download content from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and obtain our express written consent. Any unauthorized use of content terminates the foregoing license rights.

Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A.J. McKay's Auto Repair DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.A.J. McKay's Auto Repair DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE , OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.

A.J. McKay's Auto Repair shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of or access to this site .

Limitation of Liability

Under no circumstances shall A.J. McKay's Auto Repair, its subsidiaries, or its Affiliates be liable for any direct, indirect, incidental, special or consequential damages of any kind, including, without limitation, loss of business or profits, loss of data, computer viruses, technical, hardware or software failures, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions, arising from your use or inability to use the Site , or the content, services, or hyper-links made available on the Site even if we have been advised of the possibility of such damages. You specifically acknowledge and agree that A.J. McKay's Auto Repair is not liable for any defamatory, offensive, pornographic, or illegal content posted to any Franchise Site or for the conduct of any Site or Franchise Site user. If you are dissatisfied with the Site , or the content or services provided thereon or with these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. You agree to indemnify, defend and hold harmless A.J. McKay's Auto Repair and their respective its directors and officers from and against any and all injuries, damages, losses, liabilities, claims, judgments and settlements, including all reasonable costs, expenses and attorneys fees arising from or related to any breach by you of these Terms of Use or applicable law, your negligent or willful act or omission while using this Site, or your infringement of the intellectual property rights of A.J. McKay's Auto Repair or any third party content provider of the Site.

License to Submitted Content

By posting messages, uploading files, or otherwise providing any material to us for display on the Site(s), you are granting A.J. McKay's Auto Repair a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sub license, adapt, transmit, publicly perform or display any such communication, and to sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing license shall include the right to exploit any property rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Linking Policy

A.J. McKay's Auto Repair has entered into agreements with certain third party website owners which allow us to place on such third party"s site ("Third Party Site"), and allows the third party to place on our Site, a hyper-link (a "Link") or a banner advertisement ("Banner Ad") containing a Link which allows our respective users to connect to the home page of Third Party Site, this Site. Please note that A.J. McKay's Auto Repair is not Franchised in any way with these third parties or the Third Party Sites, and that if you click on a Link or Banner Ad containing a Link to a Third Party Site, once you have left this Site. A.J. McKay's Auto Repair has no further control over the content and materials that you will be viewing on the Third Party Site. We are not responsible for the content, accuracy, or opinions expressed on any Third Party Site. We will not, and are under no obligation to, investigate, monitor or check the Third Party Sites for accuracy or completeness, or for any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful content or materials. Inclusion of any Link or Banner Ad to a Third Party Site that is placed on our Site does not imply approval or endorsement of the Third Party Site. If you decide to leave the Site and access a Third Party Site, you do so at your own risk. We are not responsible for the privacy policies applicable to Third Party Sites. Once you link to a Third Party Site, the A.J. McKay's Auto Repair Privacy Policy stated on this Site is no longer in effect. A.J. McKay's Auto Repair may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit these Terms of Use to review the current Linking Policy to which you are bound.

Registration

To use certain features of the Site, you may be required to register with A.J. McKay's Auto Repair on the form provided on the Site. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a user-name that, to your knowledge, is already used by another person; (ii) use a user-name in which another person has rights without such person"s authorization; or (iii) use a user-name or password that A.J. McKay's Auto Repair in its sole discretion, deems offensive or inappropriate. A.J. McKay's Auto Repair has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create your account, to suspend or terminate your account, and/or to refuse any future account use if we are unable to verify the authenticity of your registration information or have reasonable grounds to suspect that any information provided by you is untrue, inaccurate, not current or incomplete. You are solely responsible for maintaining the confidentiality of your registration information and passwords. A.J. McKay's Auto Repair will have the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Confidentiality

Registered users of this Site may, upon request, be provided with access to certain information and content about A.J. McKay's Auto Repair, which is deemed "Confidential Information" and which includes, without limitation, records, products, software, data systems, formulas, compositions, projects, developments, processes, methods, techniques, computer programs, customer lists, supplier lists, financial statements, loan documents, advertising and promotional materials, marketing materials, manuals, books, data, files, memorandum, projections, or information or other written, photographic or other tangible material containing confidential or private information relating to the business and know how of A.J. McKay's Auto Repair and/or its customers, and the tangible contents and written and electronic correspondence arising from discussions or negotiations about A.J. McKay's Auto Repair or its business. As a condition to such access, you agree that for a period of three (3) years from the date on which you registered on those pages of the Site allowing you access to the Confidential Information that you will: (a) keep all Confidential Information confidential and not to disclose or reveal any Confidential Information to any person other than representatives of A.J. McKay's Auto Repair; and (b) not use Confidential Information for any purpose other than for evaluating the business opportunities of becoming a A.J. McKay's Auto Repair Franchise. Confidential Information shall not include information that (a) is or becomes part of the public domain other than as a result of disclosure by you, (b) becomes available to you on a non-confidential basis from a source other than A.J. McKay's Auto Repair, provided that, to the best of your knowledge after due inquiry, such source is not prohibited from transmitting such information by a contractual, legal, or other obligation, or (c) was in your possession prior to disclosure of the same by A.J. McKay's Auto Repair.

Termination

A.J. McKay's Auto Repair may cancel, suspend or terminate your right to use the Site or a portion thereof at any time without notice. In the event of suspension or termination, you are no longer authorized to access the part of the Site affected by such cancellation, suspension or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Entire Agreement

These Terms of Use constitute the entire agreement between A.J. McKay's Auto Repair and you with respect to your use of the Site, and all information (including Confidential Information) obtained by your from the Site, and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral with respect to this subject matter.

Access to Collected Information

For questions related to updating or changing your account information, please contact us at:

A.J. McKay's Auto Repair
(480) 985-2435
3130 East Main St.
Mesa, AZ 85213

 

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