TERMS OF USE
These Terms of Use (this “Agreement”), are made between you (“you” or “your”), and ProgressNow New Mexico, a New Mexico nonprofit corporation, (“we,” “our,” or “us”), and govern the terms and conditions of your access to and use of our website located at https://progressnownm.org (“Site”). Your use of the Site indicates your acceptance to be bound by the provisions of the Terms of Use in effect as of the date of your use. If you do not accept these terms, do not use the Site.
Content
All content and graphics created by us that are contained on this site are owned by us and are protected by intellectual property laws as well as other state, federal and international laws, regulations and treatises. You may not copy, reproduce, republish, post or otherwise distribute this content without the express written permission of us.
Prohibited Uses
You may not use the Site for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the violation of campaign finance laws and regulations, tax codes and regulations, charitable solicitations laws and regulations, or the harassing or making disparaging comments to any user of the Site. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and liability for damages caused by your noncompliance.
In addition to the foregoing, while using the Site you may not (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (d) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; (e) “frame” or “mirror” any portion of the Site; (f) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; (g) use the Site for any illegal activity; (h) probe, scan or test the vulnerability of the Site, breach the security or authentication measures on the Site, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (i) send or otherwise post unauthorized commercial communications (such as spam); (j) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; or (k) facilitate or encourage any violations of this Section.
Links to Other Sites
This Site contain links to other third-party sites. We do not control what those sites say or do. We are not responsible for other sites’ content, information collection practices, or use of the information they collect. We are not responsible for and do not endorse the content of those sites. Your use of third party sites is subject to the terms and conditions of those sites.
Privacy
Our privacy policy is found here [link].
Limitation of Warranties
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THOSE RELATING TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM STATUTE, A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Limitation of Liability
Except where prohibited by law, you agree that WE shall have no liability whatsoever for any use you make of the site To the maximum extent permitted by applicable law, you hereby release, and waive all claims against US from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the site.
Exclusion of Liability
IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold us, our directors, officers, employees, contractors and agents (“Organization Party”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Organization Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of privacy, campaign finance or tax law violations, copyright infringement, or trademark infringement arising out of your use of this site, your posting of content to this site, your violation of these Terms of Use, or your inability to keep secure your account.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico. You agree to submit to the non-exclusive jurisdiction of the state and federal courts in Bernalillo County, New Mexico.
Unenforceability
If any provision of these Terms of Use is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be limited or removed and the remaining provisions of these Terms of Use shall remain in full force and effect.
Statute of Limitations
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.
Entire Agreement
These Terms of Use constitute the entire agreement between you and ProgressNow New Mexico, and govern your use of our Site.
Waiver
The failure of us to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.
Ability to Modify Terms of Use
We may modify these Terms of Use at any time without notice to you by posting revised Terms of Use on this site. Your use of our Site constitutes your binding acceptance of these and any modified Terms of Use.
Questions? Contact us at [email protected].
Last Updated September 21, 2020