You, the website user ("User") agree that you have read and understand
this website you agree to be bound by all of the terms of this Agreement.
User acknowledges and agrees that this Agreement constitutes a legal
binding agreement between User and Midtown Auto Service & Repair and its
affiliated entities (collectively, the "Company"). We recommend that
you print a copy of this Agreement for your records.
- User represents and warrants to the Company that all information
he/she provides to the Company will be factual, complete and accurate
and that User has not entered into any contractual arrangements
preventing User from entering into this Agreement with the Company.
- Neither the Company nor its vendors, partners or clients will
be liable under any circumstances for any damage or liability that
may arise from User's use, misuse, or inability to use this website,
or for any services or information offered or provided hereunder.
Furthermore, User acknowledges and agrees that although the Company
believes that all materials, reports and information contained herein
are accurate, updated and complete, the Company does not independently
verify the same. The Company, its vendors, partners or clients do
not guarantee the accuracy, completeness or reliability of such
materials, reports and information and are not responsible to User
or any other party for any damage or loss relating to their accuracy,
completeness or timeliness. All such materials, reports and information
should be independently verified by User.
- User understands and agrees that the Company will not be responsible
for any damage to hardware, software, data or personal property
while using this website or any other website which may be linked
to this website and that using such websites is done at his/her
- User understands that all materials, reports, information, and
marks contained in this website contain intellectual property owned
by the Company or licensed from third parties. The materials, reports,
and information are protected under copyright law and may not be
reproduced, distributed, or retransmitted without written permission
of the Company. All rights are reserved. The marks on the website
are protected under trademark law and may consist of trademarks,
trade names and service marks, including the Company's logos and
name. These marks are owned by the Company or licensed by the Company
from third parties. User may not use or display these marks or confusingly
similar marks in conjunction with other products or services without
written permission of the Company.
- User recognizes that the Company may at any time amend the terms
of this Agreement by posting the amended Agreement on this website
and that User's continued use of this website after the posting
of any such amendment will constitute User's acceptance of such
amendment. User does not have the right to amend the terms of this
Agreement. User further acknowledges and agrees that the Company
may add, delete or modify all or any portion of the services, materials,
reports and/or information provided hereunder at any time. User
also acknowledges and agrees that not all of the services or information
displayed on this website may be available at such time.
- THIS WEBSITE AND ALL SERVICES AND INFORMATION ARE PROVIDED "AS-IS",
"WHERE IS" AND "WITH ANY AND ALL FAULTS." NEITHER THE COMPANY, NOR
ITS EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, AGENTS, VENDORS, CLIENTS,
PARNTERS, SUCCESSORS, AND/OR ASSIGNS, MAKE ANY WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY
FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION
CONTAINED IN THIS WEBSITE NOR REPRESENT THAT USE OF THIS INFORMATION
WOULD NOT INFRINGE OTHER THIRD PARTY RIGHTS.
FURTHER THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,
OR FOR ANY LOSS OF PROFITS OR REVENUE TO THE USER OR ANY THIRD PARTY
ARISING FROM USE OF THIS WEBSITE OR THE SERVICES OR INFORMATION PROVIDED
- User agrees to indemnify, defend and hold the Company, its employees,
directors, officers, owners, agents, representatives, vendors and
partners harmless from any and all liability, loss, claim and expense
(including attorneys' fees and costs) resulting from User's use
of the information, materials, products or services listed in this
website or resulting from User's violation of this Agreement.
- This Agreement also incorporates the Company's Privacy and Security
Policy and the other legal notices and disclosures posted in the
website. It is recommended that the User familiarize himself/herself
with the same since they are a part of this Agreement. Although
the Company and its vendors and suppliers have taken steps to insure
the confidentiality of information transmitted to them by the User
via the Internet, the User is cautioned that unexpected changes
in technology may be used by unauthorized third parties to intercept
User information. Accordingly, the Company assumes no liability
or responsibility should confidential information belonging to the
User be intercepted and subsequently used by an unintended recipient.
- The laws of the State of Texas (without giving effect to its conflicts
of laws) will govern the interpretation and enforcement of this
Agreement. User hereby consents to personal jurisdiction in the
federal and state courts of Harris County, Texas for any actions
arising out of or related to this Agreement.
- If any of the provisions of this Agreement are held invalid or
unenforceable by a court of law with jurisdiction over such matter,
such provisions shall be deleted from this Agreement and the remaining
provisions shall remain binding and enforceable. Failure by the
Company to enforce any of its rights under this Agreement shall
not be construed as a waiver of any provision or right to which
the Company is entitled. The Company reserves the right to terminate
User's access to the website for User's breach of the terms of this
Agreement or for any actions taken by User that damage or may damage
the website or the Company. User agrees that the terms of Sections
2,3, 6, 7, 8, 9 and 10 shall survive the termination of this Agreement.