Clearly New Mexico

ClearlyNewMexico Terms of Use

NOTICE: This Website (“Site”) is provided by the Center for Civic Action (“CCA”), a New Mexico Nonprofit Corporation, subject to User’s agreement to comply with the “Terms of Use” and “Privacy Policy.” If you (“User”) object to anything in this Agreement or the CCA Privacy Policy, do not use the Website or the Service. The Terms of Use are subject to change by CCA at any time, effective upon posting on the CCA Website, and your use of the Service after such posting will constitute acceptance by you of such changes.

DESCRIPTION OF SERVICES: Services include various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions or blogs. The Services are free of charge and are provided by CCA to User at CCA’s sole discretion and may be terminated by CCA at any time at CCA’s sole discretion.

MODIFICATIONS TO TERMS OF SERVICE: CCA reserves the right to change the terms and conditions of the Agreement from time to time.

PETITIONS AND SURVEYS: For petitions and surveys signed or completed by CCA, CCA may treat User’s name, city, state, and comments as public information. For example, CCA may provide compilations of petitions, with CCA’s comments, to public officials, but in no such case may CCA disclose User’s street address, email address or phone number, without User’s prior consent. CCA may also make User’s comments, along with User’s first name, city, state, and country, available to the press and public online.

EMAILS: CCA will enable User to send individual e-mails through the Site in User’s name, and in connection with such emails, CCA may disclose User’s e-mail address as the return address to public officials. If User writes letters or emails to newspapers using the Site, CCA may disclose User’s email address and full name and contact information as part of the submission. COOKIES: Parts of the Site are password-protected. If User checks “Remember Me” upon log-in, CCA may use a “cookie” to enable User to return to password-protected areas of the website without having to re-enter User’s password.

DATA TRACKING: From time to time, CCA may periodically analyze web logs in order to understand traffic patterns and determine whether there are problems with the Site. CCA may also use embedded images in emails to track open rates for mailings, so that CCA can tell which mailings appeal most to CCA members. In no case, however, shall CCA disclose data about CCA users’ behavior to any organization other than CCA.

URLs: CCA may use URLs in emails that contain an id enabling CCA to correctly identify the person who takes an action using a web page. CCA may use these URLs to simplify the process of signing petitions and filling out surveys. CCA may occasionally present a shortened URL that references a longer URL that contains an ID in order to prevent links from becoming broken when copied, and to ensure compatibility with email programs that do not handle long URLs. If CCA displays a shortened URL in an email, User may see the full URL in the browser’s address bar when user accesses the page.

HYPERLINKS: The information posted on this CCA Website includes information copyrighted by others, as well as hypertext links or pointers to or search or locator engines that will lead to other websites. These linked websites are developed and maintained independently of CCA and are not a part of this CCA website. When users leave the CCA Website and travel to a third-party website or web page, they become subject to different terms of use and privacy policies. CCA does not control nor guarantee the accuracy, relevance, timeliness or completeness of any third-party information contained on the CCA web pages or any information found on a linked website, nor does CCA endorse the views expressed or products or services offered by any third-party information or linked websites.

MEMBER ACCOUNT, PASSWORD AND SECURITY: After User becomes a user of the Service, User shall receive a password and an account. User is entirely responsible if User does not maintain the confidentiality of the password and account. Furthermore, User is entirely responsible for any and all activities that occur under such account. User may change his or her password at any time. User may also set up a new account and close an old one at User’s convenience. User agrees to immediately notify CCA of any unauthorized use of User’s account or any other breach of security known to User.

DISCLAIMER OF WARRANTIES: USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CCA MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER’S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CCA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

CCA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

LIMITATION OF LIABILITY: NEITHER CCA, NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, REGARDLESS OF WHETHER USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

MEMBER CONDUCT: User is solely responsible for the contents of his or her transmissions through the Service and/or the Site. User’s use of the Service and the Site is subject to all applicable local, state, national and international laws and regulations.

User agrees:

(1) to comply with all applicable laws regarding the transmission of technical data exported from the United States through the Service;
(2) not to use the Service and/or the Site for illegal purposes;
(3) not to interfere or disrupt networks connected to the Service and/or the Site; and
(4) to comply with all regulations, policies and procedures of networks connected to the Service and/or the Site.

The Service and the Site make use of the Internet to send and receive certain messages; therefore, User’s conduct is subject to Internet regulations, policies and procedures. User will not use the Service or the Site for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

User agrees not to transmit through the Service and/or the Site any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.

It is not the intent to discourage Users from taking controversial positions or expressing what may be unpopular views; however, CCA reserves the right to take such action as it deems appropriate in cases where the CCA Website is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.

User shall not interfere with another User’s use and enjoyment of the Service or the Site or another entity’s use and enjoyment of similar services.

Users may not post or transmit any file which contains “viruses,” “worms,” “Trojan horse” or any other contaminating or destructive features.

By posting content to the CCA Website, User automatically grants and represents and warrants that User has the right to grant, to CCA, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. User further represents and warrants that public posting and use of User’s content by CCA will not infringe or violate the rights of any third party.

CCA reserves the right to remove any information that is posted in violation of these terms and to suspend any registered user accounts for persons who violate these terms and conditions.

TERMINATION: Either User or CCA may terminate the Service with or without cause at any time and effective immediately. CCA shall not be liable to User or any third party for termination of Service. User’s only recourse hereunder for any claim against CCA is to immediately discontinue use of the Service. Upon termination of the Service, User’s right to use the Service and Software immediately ceases. User shall have no right and CCA will have no obligation thereafter to forward any unread or unsent messages to User or any third party.

MISCELLANEOUS:

1. Choice of Law, Jurisdiction and Venue. These terms and conditions shall be governed by and construed in accordance with the laws of the state of New Mexico, U.S.A, and you agree to submit to the personal jurisdiction of the courts of the state of New Mexico. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Website, or the use of this Website, must be filed within one year after such claim or cause of action arose and must be filed in a court in Albuquerque, New Mexico, U.S.A. CCA’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CCA in writing. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

2. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by CCA from time to time, such modifications to be effective upon posting by CCA on the Website. By accessing the Website or becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

3. Indemnity by User. User agrees to indemnify and hold CCA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of User’s use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of User’s representations and warranties set forth above.

4. No Third Party Beneficiaries. User agrees that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

5. Other. This Agreement contains the entire agreement between User and CCA regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Revised 06 February 2008