Effective as of July 1, 2022
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” ):
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” ):
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.
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.
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.
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.
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 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:
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.
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.
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:
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.
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.
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.
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.
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.
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.
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