Painted Walls NM, Terms of Use & Service
These terms of Use and Service (TOS)
govern your use of this site, which is provided by our company. By accessing
this site, you are indicating your acknowledgment and acceptance of these
terms of use. These TOS are subject to change by our company at any time in
its discretion. Your use of this site after such changes are implemented
constitutes your acknowledgment and acceptance of the changes. Please
consult these terms of use regularly.
Access to this site
You must be eighteen (18) years or older to access this web site. If you are
under eighteen years of age, you are not permitted to access this web site
for any reason. Due to the age restrictions for use of this web site, no
information obtained by this web site, falls within the child online privacy
act (COPA) and is not monitored as doing so.
To access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It is a
condition of your use of this site that all the information you provide on
this site will be correct, current and complete. If our company believes the
information you provide is not correct, current, or complete, we have the
right to refuse you access to this site or any of its resources, and to
terminate or suspend your access at any time, without notice.
Restrictions on use
You may use this site for purposes expressly permitted by this site. You may
not use this site for any other purpose, including any commercial purpose,
without our company's express prior written consent. As a condition of your
use of this site, you warrant that you will not use this site for any
purpose that is unlawful or prohibited by these terms, conditions and
notices. For example, you may not (and may not authorize any other party to:
(i) co-brand this site, or
(ii) frame this site, or
(iii) hyper-link to this site, without the express prior
written permission of an authorized representative of our company. For
purposes of these terms of use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of any party in
such a manner as is reasonably likely to give a user the impression that
such other party has the right to display, publish, or distribute this site
or content accessible within this site. You agree to cooperate with our
company in causing any unauthorized co-branding, framing or hyper-linking
immediately to cease. This does not mean you cannot "link" to this site from
your site.
Proprietary information
The material and content (hereinafter referred to as the "Content")
accessible from this site, and any other world wide web site owned,
operated, licensed, or controlled by our company is the proprietary
information of our company or the party that provided the content to our
company, and our company or the party that provided the content to our
company retains all right, title, and interest in the content. Accordingly,
the content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of our company,
or unless authorized in writing elsewhere on our site, except that you may
print out a copy of the content solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the content. Modification or use of the
content except as expressly provided in these terms of use violates our
company's intellectual property rights. Neither title nor intellectual
property rights are transferred to you by access to this site.
Hyper-links
This site may be hyper-linked to other sites, which are not maintained by,
or related to, our company. Hyper-links to such sites are provided as a
service to users and are not sponsored by or affiliated with this site or
our company. Our company has not reviewed any or all of such sites and is
not responsible for the content of those sites. Hyper-links are to be
accessed at the user's own risk, and our company makes no representations or
warranties about the content, completeness or accuracy of these hyper-links
or the sites hyper-linked to this site. Further, the inclusion of any
hyper-link to a third-party site does not necessarily imply endorsement by
our company of that site.
Submissions
You hereby grant to our company the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, or other
information communicated to our company through this site (together,
hereinafter known as the "submission"), and to incorporate any submission in
other works in any form, media, or technology now known or later developed.
Our company will not be required to treat any submission as confidential,
and may use any submission in its business (including without limitation,
for products or advertising) without incurring any liability for royalties
or any other consideration of any kind, and will not incur any liability as
a result of any similarities that may appear in future company operations.
Our company will treat any personal information that you submit through this
site in accordance with its privacy policy as set forth on this site.
Liability Disclaimer
You understand that our company cannot and does not guarantee or warrant
that files available for downloading from the internet will be free of
viruses, worms, Trojan horses or other code that may manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external to
this site for the reconstruction of any lost data. Our company does not
assume any responsibility or risk for your use of the Internet.
The content is not necessarily complete and up-to-date, may contain
typographical errors, inaccuracies, and should not be used to replace any
written reports, statements, or notices provided by company. Investors,
borrowers, and other persons should use the content in the same manner as
any other educational medium and should not rely on the content to the
exclusion of their own professional judgment. Information obtained by using
this site is not exhaustive and does not cover all issues, topics, or facts
that may be relevant to your goals.
Your use of this site is at your own risk. The content is provided "as is"
and without warranties of any kind, either expressed or implied. Our company
disclaims all warranties, including any implied warranties of
merchantability, fitness for a particular purpose, title, or
non-infringement.
Our company does not warrant that the functions or content contained in this
site will be uninterrupted or error-free, that defects will be corrected, or
that this site or the server that makes it available are free of viruses or
other harmful components. Our company does not warrant or make any
representation regarding use, or the result of use, of the content in terms
of accuracy, reliability, or otherwise. The content may include technical
inaccuracies or typographical errors, and company may make changes or
improvements at any time. You, and not our company, assume the entire cost
of all necessary servicing, repair or correction in the event of any loss or
damage arising from the use of this site or its content. Our company makes
no warranties that your use of the content will not infringe the rights of
others and assumes no liability or responsibility for errors or omissions in
such content.
All of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information is posted on
this site, and company does not undertake any obligation to update such
information after it is posted or to remove such information from this site
if it is not, or is no longer, accurate or complete.
Limitation on liability
Company, its subsidiaries, affiliates, licensors, service providers, content
providers, employees, agents, officers, and directors will not be liable for
any incidental, direct, indirect, punitive, actual, consequential, special,
exemplary, or other damages, including loss of revenue or income, pain and
suffering, emotional distress, or similar damages, even if company has been
advised of the possibility of such damages. In no event will the collective
liability of company and its subsidiaries, affiliates, licensors, service
providers, content providers, employees, agents, officers, and directors, to
any party (regardless of the form of action, whether in contract, tort, or
otherwise) exceed the greater of $100 or the amount you have paid to company
for the applicable content, product or service out of which liability arose.
Indemnity
You will indemnify and hold company, its subsidiaries, affiliates,
licensors, content providers, service providers, employees, agents,
officers, directors, and contractors (hereinafter known as the "indemnified
parties") harmless from any breach of these terms of use by you, including
any use of content other than as expressly authorized in these terms of use.
You agree that the indemnified parties will have no liability in connection
with any such breach or unauthorized use, and you agree to indemnify any
And all resulting loss, damages, judgments, awards, costs, expenses, and
attorney's fees of the indemnified parties in connection therewith. You will
also indemnify and hold the indemnified parties harmless from and against
any claims brought by third parties arising out of your use of the
information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property
of company or the party that provided the trademarks, service marks, and
logos to company. Company and any party that provided trademarks, service
marks, and logos to company retain all rights with respect to any of their
respective trademarks, service marks, and logos appearing in this site.
Information you provide
You may not post, send, submit, publish, or transmit in connection with this
site any material that:
-
you do not have the right to post,
including proprietary material of any third party;
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advocates illegal activity or
discusses an intent to commit an illegal act;
-
is vulgar, obscene, pornographic, or
indecent;
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does not pertain directly to this
site;
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threatens or abuses others, libels,
defames, invades privacy, stalks, is obscene, pornographic, racist,
abusive, harassing, threatening or offensive;
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seeks to exploit or harm children by
exposing them to inappropriate content, asking for personally
identifiable details or otherwise;
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infringes any intellectual property or
other right of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
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violates any law or may be considered
to violate any law;
-
impersonates or misrepresents your
connection to any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the content;
-
advertises any commercial endeavor
(e.g., offering for sale products or services) or otherwise engages in
any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this site;
-
solicits funds, advertisers or
sponsors;
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includes programs that contain
viruses, worms and/or Trojan horses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications;
-
disrupts the normal flow of dialogue,
causes a screen to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other people to
engage in real time activities via this site;
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includes mp3 format files;
-
amounts to a 'pyramid' or similar
scheme;
-
disobeys any policy or regulations
established from time to time regarding use of this site or any networks
connected to this site;or
-
contains hyper-links to other sites
that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our
company reserves the right to monitor use of this site to determine
compliance with these terms of use, as well the right to remove or refuse
any information for any reason. Notwithstanding these rights, you remain
solely responsible for the content of your submissions. You acknowledge and
agree that neither company nor any third party that provides content to
company will assume or have any liability for any action or inaction by
company or such third party with respect to any submission.
Security
Any passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). Company will be
entitled to monitor your password and, at its discretion, require you to
change it. If you use a password that company considers insecure, company
will be entitled to require the password to be changed and/or terminate your
account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If you become involved in any
violation of system security, company reserves the right to release your
details to system administrators at other sites in order to assist them in
resolving security incidents. Company reserves the right to investigate
suspected violations of these terms of use.
Company reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing company to disclose the
identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate these terms of
use.
By accepting this agreement you waive and hold harmless company from any
claims resulting from any action taken by company during or as a result of
its investigations and/or from any actions taken as a consequence of
investigations by either [company] or law enforcement authorities.
Miscellaneous
These terms of use will be governed and interpreted pursuant to the
laws of New Mexico, United States of America, notwithstanding any principles
of conflicts of law. You specifically consent to personal jurisdiction in
New Mexico in connection with any dispute between you and company arising
out of these terms of use or pertaining to the subject matter hereof. The
parties to these terms of use each agree that the exclusive venue for any
dispute between the parties arising out of these terms of use or pertaining
to the subject matter of these terms of use will be in the state and federal
courts in Rio Rancho, New Mexico. If any part of these terms of use is
unlawful, void or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of any remaining provisions.
These terms of use constitute the entire agreement among the parties
relating to this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the items to which
they pertain. Company may revise these terms of use at any time by updating
this posting.
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