Effective Date: February 14, 2017
In order to create an enjoyable and safe online experience on our sites, we ask that all users understand and comply with our site Terms and Conditions. At various points on our website, we may collect personal information. Our privacy statement explains the information we collect on this site and how we use it.
Terms and Conditions of Site Use
New Mexicans for Comprehensive Energy Solutions provides you with access to and use of the site subject to your compliance with these Terms. We provide fact sheets and other documents for downloading on our site, and encourage users to use these resources. We clearly identify information available for downloading. Except for materials designated for user access, downloading and printing material from the site, no material from the site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
User age and access
By submitting information through this Site you represent that you are a United States of America resident over the age of 18.
The site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of New Mexicans for Comprehensive Energy Solutions. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the site for any purpose, subject to the express provisions of these Terms.
New Mexicans for Comprehensive Energy Solutions has a presence on a number of social media platforms, including Flickr, Facebook, and Twitter. New Mexicans for Comprehensive Energy Solutions actively encourages discussion about the energy issues facing our nation, and we urge our users and advocates to share their ideas, opinions, and questions using comment features available throughout the New Mexicans for Comprehensive Energy Solutions site. We reserve the right in our sole discretion to refuse to accept or to delete comments not meeting our Comment Policy standards.
All comments posted to our site must comply with the following guidelines:
· Please be sure your comment is relevant to the post, video, photo, etc. to which you’re responding. If you would like to communicate something to New Mexicans for Comprehensive Energy Solutions that does not pertain to the existing conversation or content you can contact us.
· Personal attacks, harassment or demonization of a particular individual, public official or organization are not tolerated. Postings that are libelous, defamatory, false, abusive, threatening, harassing, obscene, pornographic, violent, inflammatory or disruptive will be taken down.
· Comments should contribute to the dialogue and be respectful of other individuals, organizations and businesses.
User-submitted comments represent the thoughts and opinions of the individual publishing the comment and do not necessarily reflect the opinion of or endorsement by New Mexicans for Comprehensive Energy Solutions or any sponsoring companies, organizations or individuals. However, if a comment does not adhere to this Comment Policy or the terms and conditions of the site, New Mexicans for Comprehensive Energy Solutions reserves the right to remove the comment without prior notice and/or withdraw the individual’s access to the Web property.
User Generated Content Policy
By submitting user generated content to New Mexicans for Comprehensive Energy Solutions, you will grant to New Mexicans for Comprehensive Energy Solutions a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms or any law or regulation; and the content will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. User Content comes from a variety of sources. We do not endorse, or support any views, opinions, recommendations, or advice that may be in User Content, nor do we vouch for its accuracy or its reliability, usefulness, safety or intellectual property rights of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.
By submitting User Content you release and discharge New Mexicans for Comprehensive Energy Solutions and any affiliates, and its representatives, employees, agents and assigns from any and all claims, actions, demands, and liability arising out of or in connection with the use of said Images, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation.
Rules and Limits on Use and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Specific Prohibited Uses
The site may be used only for lawful purposes by individuals using authorized services of New Mexicans for Comprehensive Energy Solutions. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. New Mexicans for Comprehensive Energy Solutions specifically prohibits any use of the site, and requires all users to agree not to use the site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your own;
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
e. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws;
h. Attempting to interfere in any way with the Site’s or New Mexicans for Comprehensive Energy Solution’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal liability. New Mexicans for Comprehensive Energy Solutions will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. Accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
As between you and New Mexicans for Comprehensive Energy Solutions, (or other entity whose marks appear on the Site), New Mexicans for Comprehensive Energy Solutions (or the respective entity) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the site, and is the copyright owner or licensee of the Content and/or information on the site, unless otherwise indicated.
Except as otherwise provided herein, use of the site does not grant you a license to any Content, features or materials you may access on the site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by New Mexicans for Comprehensive Energy Solutions. If you make use of the site, other that as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the site.
The information on the site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law. Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of New Mexicans for Comprehensive Energy Solutions or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. The New Mexicans for Comprehensive Energy Solutions logos and service names are trademarks of New Mexicans for Comprehensive Energy Solutions (the “New Mexicans for Comprehensive Energy Solutions Marks”). Without New Mexicans for Comprehensive Energy Solution’s prior permission, you agree not to display or use New Mexicans for Comprehensive Energy Solutions Marks in any manner. Nothing on the site should be construed to grant any license or right to use any New Mexicans for Comprehensive Energy Solutions Mark without the prior written consent of New Mexicans for Comprehensive Energy Solutions.
Links from and to the site
You may be able to link to third party websites (“Linked Sites”) from the site. Linked Sites are not, however, reviewed, controlled or examined by New Mexicans for Comprehensive Energy Solutions in any way and we are not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall New Mexicans for Comprehensive Energy Solutions be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or Webmaster. New Mexicans for Comprehensive Energy Solutions reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the site. To seek our permission, you may write to New Mexicans for Comprehensive Energy Solutions. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
You agree to defend, indemnify and hold New Mexicans for Comprehensive Energy Solutions, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of the Terms or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
Disclaimer of warranties
You understand and agree that:
The site, including, without limitation, all content, function, materials and services is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services or uninterrupted access, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. New Mexicans for Comprehensive Energy Solutions does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. New Mexicans for Comprehensive Energy Solutions makes no warranty that the site will meet users’ expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.
New Mexicans for Comprehensive Energy Solutions does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the site. New Mexicans for Comprehensive Energy Solutions is not a party to, and does not monitor, any transaction between users and third parties without the direct involvement of New Mexicans for Comprehensive Energy Solutions.
Limitation of liability
In no event shall New Mexicans for Comprehensive Energy Solutions, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if New Mexicans for Comprehensive Energy Solutions or its representative or such individual has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of New Mexicans for Comprehensive Energy Solutions to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00.
You agree that the laws of the state of New Mexico, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the site may be subject to other local, state, national, and international laws.
Notices to you may be made via email. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
The Terms constitute the entire agreement between you and New Mexicans for Comprehensive Energy Solutions and govern your use of the site, superseding any prior agreements between you and New Mexicans for Comprehensive Energy Solutions. You also may be subject to additional terms and conditions that are applicable to certain parts of the site.
You agree that no joint venture, partnership, employment, or agency relationship exists between New Mexicans for Comprehensive Energy Solutions and you as a result of these Terms or your use of the site.
Any claim or cause of action you may have with respect to New Mexicans for Comprehensive Energy Solutions or the site must be commenced within one (1) year after the claim or cause of action arose.
The failure of New Mexicans for Comprehensive Energy Solutions to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
© Copyright 2017 by New Mexicans for Comprehensive Energy Solutions. All rights reserved.