PNM MARKETING WEB SITE TERMS AND CONDITIONS OF USE

Effective as of July 1, 2022

Welcome

The PNM Marketing, Inc. (“Company,” “us,” or “we”) thank you for choosing to visit this website. These website Terms and Conditions (“Terms of Use”) apply to your access to, and use of, the Company’s websites located at www.pnmmarketing.com as well as any other Company-controlled sites, regardless of the domain name or IP address (collectively “Site” or “Sites”). The term “Site” or “Sites” shall include the features and applications accessible through, or in connection with, the Sites and any software that we provide to you that allows you to access the Site or the Services from a mobile device (“App” or “Apps”) (collectively the “Services”). Services may be subject to additional terms and conditions (collectively “Additional Terms”) as may be set forth in these Terms of Use or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms, and such Additional Terms are hereby incorporated by reference into these Terms of Use. Further, these Terms of Use are in addition to the terms or conditions of any other agreement you may have with the Company for products, services, or otherwise, including, without limitation, terms, conditions, and policies relating to the courses and educational programs provided by the Company.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH THE COMPANY, THE TERMS OF WHICH GOVERN YOUR USE OF THE SERVICES. ACCORDINGLY, BY YOUR ACCESS OR USE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES.

Modifications to Terms of Use
The Company reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Services at any time and at its sole discretion. If the Company changes or modifies these Terms of Use, the Company will post the changes to these Terms of Use on the Services and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. In the event of material alterations to these Terms of Use, the Company will email you at the email address you have on file to notify you of such alterations. Your continued use of any of the Services following the posting of changes or modifications, or, in the case of a material alteration, your continued use after having been provided email notice, will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check the Services to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Services.

Privacy Policy
Please refer to the Company’s Privacy Policy for information on how the Company collects, uses, and discloses your personal information.

Employees
If you are an employee of the Company, you have certain responsibilities with respect to your conduct as set forth in Company’s policies. Your conduct on the Services is subject to and must fully conform with: a.) the terms set out in the Company’s policies b.) any Additional Terms set out on the Service(s) and c.) any other employment agreements or acknowledgements that may be applicable to you. Violation of any Company policies and procedures, employment agreements or acknowledgments or Additional Terms may result in appropriate sanctions, as determined in the Company’s sole discretion, up to and including termination of your employment, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any Company policy, or other term of employment, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific employment agreement or acknowledgment; b.) the Company’s policies; and c.) these Terms of Use. Notwithstanding the previous sentence, the Company reserves the right to resolve any such conflicts in their sole discretion.

Copyright and Limited License from the Company

Unless otherwise indicated in the Services, all content and other materials on the foregoing, including, without limitation, the Company logo and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of the Company, its licensors or users and are protected by US and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site Materials and the Services, and to print hard copy portions of the Site Materials for your educational, non-commercial, and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

resell, lease, transfer, lend, timeshare, syndicate or commercially use the Site Materials or the Services;
decompile, reverse engineer, disassemble, or otherwise attempt to derive any source code from the Site Materials or the Services;
distribute, publicly perform or publicly display the Site Materials or the Services;
modify, adapt, translate, or create any derivative works of the Site Materials or the Services or any portion thereof;
use any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods;
download, index, or in any non-transitory manner store or cache any portion of the Site Materials or the Services or any information contained therein, except as expressly permitted thereon;
remove, deface, obscure, or alter any copyright, trademark, or other proprietary rights notices affixed to or provided in connection with the Site Materials or the Services;
create or attempt to create a substitute or similar service or product through the use of or access to the Site Materials or the Services or any proprietary information related thereto; or
use the Site Materials or the Services other than for its intended purpose.

Any use or attempted use of the Site Materials or the Services other than as specifically authorized herein, without the express prior written permission of the Company, or its licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws, and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time, at the Company’s sole discretion.

Unless otherwise specified in these Terms of Use, all information and screens appearing on or in the Services, including documents, services, site design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of the Company. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Apps

The Company may make Apps available to access its Sites via a mobile device. To use the Apps, you must have a compatible mobile device. The Company does not warrant that the Apps will be compatible with your mobile device. The Company hereby grants you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Apps, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Apps to any third-party or use the App to provide time-sharing or similar services for any third-party; (iii) make any copies of the Apps; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Apps, features that prevent or restrict use or copying of any content accessible through the Apps, or features that enforce limitations on use of the Apps; or (v) delete the copyright and other proprietary rights notices on the Apps. You acknowledge that the Company may from time-to-time issue upgraded versions of the Apps and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Apps or any copy thereof, and the Company and its third-party licensors or suppliers retain all right, title, and interest in and to the Apps (and any copy of the Apps). Standard carrier data charges may apply to your use of the Apps.

The following additional terms and conditions apply with respect to any Apps that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App” ):

You acknowledge that these Terms are between you and the Company only and not with Apple, Inc. (“Apple”).
Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
The Company, and not Apple, is solely responsible for our iOS App and the Services and Site Materials available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App.
You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms of Use, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.
You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms of Use as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Apps that the Company provides to you designed for use on an Android-powered mobile device (an “Android App” ):

You acknowledge that these Terms of Use are between you and the Company only and not with Google, Inc. (“Google”).
Your use of the Company’s Android App must comply with Google’s then-current Android Market Terms of Service.
Google is only a provider of the Android Market where you obtained the Android App. The Company, and not Google, is solely responsible for our Android App and the Services and Site Materials available thereon. Google has no obligation or liability to you with respect to the Company’s Android App or these Terms of Use.
You acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as they relate to the Company’s Android App.

Purchases

If applicable, you agree to pay all fees or charges to your account based on the Company’s fees, charges, and billing terms. If you do not pay on time or if the Company cannot charge your credit card or other payment methods for any reason, the Company reserves the right to either suspend or terminate your access to the Services and account and terminate these Terms of Use. The Company may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. You expressly agree that the Company is permitted to bill you for the applicable fees, any applicable tax, and any other charges you may incur in connection with your use of this Services, and the fees will be billed to your credit card or other payment method designated on your initial registration with this Services and thereafter at regular intervals for the remainder of the term of these Terms of Use. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that the Company may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company will terminate, in appropriate circumstances and at the Company’s sole discretion, users, subscribers, or account holders who are deemed to be repeat infringers. The Company may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. All employees of the Company will also be subject to the Company’s employment policies and procedures in addition to these Terms of Use.

Trademarks

All logos and any other product or service name or slogan contained in the Services are trademarks of the Company or their suppliers or licensors, and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of the Company or the applicable trademark holder. You may not use any meta tags or any other “hidden text” utilizing “Company of PNM Marketing” or any other name, trademark or product, or service name of the Company without our express prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.

Hyperlinks

The Company makes no claim or representation regarding and accepts no responsibility for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Services. Such sites are not under the control of the Company, and the Company is not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes, or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Company of any site or any information contained therein. When you leave the Services, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Services will be subject to that site’s terms of use if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Services for non-commercial purposes, provided such link does not portray the Company or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in the Company’s sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Company logo or other proprietary graphic of the Company to link to the Services without the express prior written permission of the Company. Further, you may not use, frame, or utilize framing techniques to enclose any Company trademark, logo, or other proprietary information, including the images found at the Services, the content of any text, or the layout/design of any page or form contained on a page on the Services without the Company’s express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Company or any third-party.

Third-Party Content and Applications

In addition to official pages on the Services containing the content of the Company in support of the Company’s mission or related administrative business, our Services may include third-party content on the Services. The Company may provide links to websites and content of third parties (collectively the “Third-party Content”) as a service to those interested in this information, including content and views of various individuals such as employees, students, faculty, alumni, or members of the public. The views expressed in such Third-party Content should not be construed as representing the views of the Company. In addition, the Services may include certain applications, features, programs, and services provided by third parties (the “Third-party Applications”). The Company does not monitor Third-party Content or Third-party Applications and can make no guarantee as to the accuracy or completeness of such Third-party Content or Third-party Applications. The Company is not responsible or liable in any manner for any Third-party Content or Third-party Applications, or for any loss, liability, harm, or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third-party Content or Third-party Applications, which at all times and in each instance is provided “as is.” Third-Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third-party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions, and agreements. Users use such Third-party Content and Third-party Applications at their own risk.

Third-Party Products, Services, Advertisements, and Promotions

The Company may provide information about or links to third-party products or services on the Services or may run third-party advertisements or promotions on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Company advertisers or third-party information on the Services.

Microsoft Applications

The Company may provide access through the Services to certain Third-party Applications (“Microsoft Online Services”) owned and operated by Microsoft, Inc. (“Microsoft”). By using Microsoft Online Services, you agree to be bound by and comply with Microsoft Online Services Acceptable Use Policy. Microsoft Online Services Acceptable Use Policy are accessible at http://www.microsoftvolumelicensing.com/DocumentSearch.aspx?Mode=3&DocumentTypeId=46.

Google Geo-Location Terms

The Services include and make use of certain functionality and services provided by third parties that allow the Company to include maps, geocoding, places, and other Site Materials from Google as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then-current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html), and by using the Geo-Location Services, you agree to be bound by Google’s Terms of Use.

User Content and Conduct

The Services may include public or restricted access discussion forums or other interactive areas or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Services (“User Content”). Interactive Areas are provided “as is.” You are solely responsible for your use of such Interactive Areas and use them at your own risk.

If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the US Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Any unauthorized commercial use such as but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Services, or collecting names and emails addresses for the purpose of sending unsolicited emails;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
User Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose the Company or its users to any harm or liability of any type.

This list of prohibitions provides examples and is not complete or exclusive.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.

In addition, if you are a student at the Company, you have certain responsibilities with respect to your conduct as set forth in the “Student Code of Conduct,” the Company policies regarding student use of computing resources and other applicable policies contained in the Company Academic Catalog. Your conduct on the Services is subject to and must fully conform with these policies. Policy violations may result in appropriate disciplinary action in addition to any other consequence, penalty, or liability that may result from such behavior. In the event of any conflict between these Terms of Use and any policy in the Company Academic Catalog, the Company Academic Catalog policies shall take precedence. Notwithstanding the previous sentence, the Company reserves the right to resolve any such conflicts at its sole discretion.

You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.

Any use of the Interactive Areas or other portions of the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site Materials or the Services.

The Company takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third-party, or for any loss or damage thereto or resulting therefrom, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the Company is not liable for any statements, representations, or User Content provided by its users in any public forum, the personal home page, or other Interactive Area. Accordingly, the Company has no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, the Company reserves the right and has absolute discretion to refuse, block, move, or remove any User Content posted or stored on the Services at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas, or court orders, to protect the Company’s systems and customers, or to ensure the integrity and operation of the Company’s business and systems, the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, email address, etc.), IP addressing and traffic information, usage history, and posted User Content. The Company’s right to disclose any such information as set forth herein shall supersede and control any conflicting terms of the Company’s Privacy Policy.

Except as explicitly indicated in these Terms of Use, or unless otherwise indicated on or in connection with your use of the Services, if you post User Content to any of the Services, you retain all rights in and to such User Content. You grant the Company, its affiliates, and third-party service providers a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content at their sole discretion. You specifically acknowledge and agree that the Company has the right to sell, license, and/or display any advertising, promotional, and distribution rights in connection with your User Content, and the Company will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate the Company to sell, license, or offer to sell or license any advertising, promotion, or distribution rights. You represent and warrant that:

you own and control all of the rights to the User Content that you post, or you otherwise have the right to post such User Content to the Services and license such User Content to the Company and its affiliates as herein provided;
the User Content is accurate and not misleading; and
use and posting of the User Content you supply do not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Representations; Registration Data; Account Security

In consideration of your use of any of the Services you represent, you are at least eighteen years of age. In consideration of your use of any of the Services, you agree to:

provide accurate, current, and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”);
maintain and be solely responsible for the security of your password and identification;
maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and
accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company.

Submissions Relating to Site(s) or Services

You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images, or other information regarding the Services or the Company provided by you by participating in surveys hosted by the Company, or any third-party vendors, on the Services or other sites, in the form of email, or any other submissions to the Company, or any postings on the Services, are non-confidential and shall be the sole property of the Company, and that upon submission of such materials to the Company, you thereby assign without additional consideration all right, title or interest you may hold in such materials to the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Export Restrictions

Any software and all underlying information and technology downloaded or viewed in connection with the Services (collectively the “Software or Technical Data”) by you may be subject to US export controls, including the Export Administration Act (50 USC Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774) and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Site Materials and the Services, including, without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county or to any person, entity, or end-user subject to US export controls, including without limitation persons or entities listed on the US Department of Commerce Bureau of Export Administration’s Denied Parties List and the US Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no US federal agency has suspended, revoked, or denied your export privileges.

Feedback

Any comments, questions, ideas, suggestions, or similar materials that you submit to us related to the Services (collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its shareholders and its/their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Services and any User Content you post, store or otherwise transmit on or through the Services, or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against the Company, its shareholders and/or its/their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your use of the Services, your conduct, or your violation of these Terms of Use, the Microsoft Online Services Acceptable Use Policy, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third-party.

Disclaimer

THE SERVICES AND ALL CONTENT FEATURES MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE SERVICES. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR IMAGERY. WHILE THE COMPANY ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, THE COMPANY CAN NOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

The Company reserves the right to change or delete any and all Site Materials or User Content contained in or offered through the Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT, SITE MATERIALS, OR OTHER MATERIALS AVAILABLE THEREON, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY, ITS SHAREHOLDERS, OR ITS/THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES, OR AGENTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, OR THE USER CONTENT OR OTHER MATERIALS AVAILABLE THEREON, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SERVICES. IF YOU ARE A STUDENT, YOU ACKNOWLEDGE THAT NO PORTION OF YOUR TUITION SHALL BE CONSIDERED COMPENSATION PAID FOR ACCESS TO OR USE OF THOSE SERVICES ACCESSIBLE TO STUDENTS AS PART OF THEIR PROGRAM OR COURSE OF STUDY. HOWEVER, IF YOU PAY ELECTRONIC MATERIALS FEES TO THE COMPANY, A PORTION OF SUCH FEES MAY BE CONSIDERED COMPENSATION FOR YOUR USE OF SUCH SERVICES.

Applicable Law and Venue

These Terms of Use and your use of the Services (except as otherwise may be provided with respect to Third-party Applications) shall be governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third-party copyright complaints) shall be filed only in the state and federal courts located in Smith County, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding anything to the contrary in these Terms of Use, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Services or any portion thereof and to block or prevent your future access to and use of any of the Services.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by the Company of PNM Marketing, 108 Holmes Gap Road, Brush Creek, TN 38547 561.444.8007.

Interested In Discussing A Project With Us?

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