Last updated, May 2018
By using this Web site, you accept these terms of use, including the company’s privacy and security statements. If you do not accept these terms of use, do not use this Web site.
Welcome to newmexicowater.com. This Web site, newmexicowater.com, (the “Web site”) is operated by New Mexico Water Service (“we”, “us”, “our”, “the Company”, or “New Mexico Water”). Our corporate office is located at:
1720 North First Street,
San Jose, CA 95112
Telephone (800) 750-8200
Please contact our Director of Corporate Communications, Shannon Dean, at [email protected] or by fax at (310) 325-3247 regarding any Web site or the Terms of Use inquiries.
Policy updates
We may unilaterally amend these Terms of Use, Privacy, and Security Statements (hereinafter referred to as the “Terms of Use”) by posting revised language on this Web site. The most up-to-date version of these Terms of Use will always be available for your review on the Web site, and it is your responsibility to review these terms of use for any changes. Amendments will become effective when they are posted on this Web site. Your continued use of the Web site after amendments are posted will constitute your acceptance of such amendments.
We may at any time modify or discontinue any aspect or component of the Web site. If you breach or do not accept any of these Terms of Use, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web site.
Accessibility
All information on this Web site, except User Account Services, is intended to be accessible to all visitors.
Unauthorized Use
User understands that unauthorized attempts to upload or change information on this Web site are prohibited under the Computer Fraud and Abuse Act of 1986.
Terms of Use
General
Use or modification of materials or information for commercial or profit-making purposes is not allowed and may violate the copyrights of New Mexico Water or third parties. Use of appropriate credits and proprietary notices are required on any information used for non-commercial and non-profit purposes.
Copyrights
All content on the Web site including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code is the copyrighted property of the Company, its licensors, or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. The compilation of all content on this Web site is the exclusive property of the Company and may be protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of content on the Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes, is strictly prohibited, and may be prosecuted to the fullest extent of the law. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of the Company, its licensors, and/or any other copyright owner.
Trademarks
The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers (“Trademarks”) used and displayed on this Web site are registered and unregistered Trademarks of the Company and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of the Company or other trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or Trademarks without the express prior written permission of the Company.
Linking, Framing, Bots, and Spiders
Links to Third-Party Sites
The Web site may include links to Web sites or electronic services sponsored by third parties. If you click on one of these links, you will leave the Company’s Web site and go to the Web site of the third party. In addition, in some cases, if you request certain content appearing on the Company’s Web site, you may be taken to a third party’s Web site that is actually hosting the content. In certain instances, the third party’s content may be displayed in such a way it appears you are still on the Company’s Web site. The Company is not responsible for the content or operation of third-party Web sites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply the Company endorses or is affiliated with such Web sites, services, or third parties, or any services or products they offer.
Links to Web Site
The Web site may not be linked to in such a way that the pages of the Web site are displayed within a frame on a third-party Web site, or otherwise accompanied by advertising or other content not found on the Web site. The fact that a third party provides a link to the Web site will not in any way be or imply an endorsement agency, joint venture, or similar relationship between the Company and any such third party.
We request that you do not “deep link” to interior pages on the Web site.
Mining
No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise “mine” information displayed on the Web site for display on or use with any Web site or service other than search engines.
Third-Party Content
The Company displays and distributes content, information, and certain services on the Web site supplied by third parties. The submitting third parties, and not the Company, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available (“Third-Party Content”). The Company does not guarantee the accuracy, completeness, availability, quality, or usefulness or any Third-Party Content, and under no circumstances shall the Company be liable in any way for Third-Party Content, or for any loss or damage of any kind incurred as a result of Third-Party Content being posted or otherwise transmitted through the Web site of in connection with any of the Services.
Infringement
If you believe any material on this Web site infringes a copyright, trademark, or service mark that you own or are authorized to protect, please notify us immediately. Send a “Notice of Infringement” to [email protected] and fax a confirming copy to (310) 325-3247. The Digital Millennium Copyright Act, 17 U.S.C. Section 512(3)(A) specifies required information.
Security Statement
New Mexico Water Service has created this security statement in order to demonstrate our firm commitment to security.
This site has security measures in place to protect the loss, misuse, and alteration of the information under its control. Please keep in mind, however, that no data transmission over the Internet or any wireless network can be guaranteed to be 100-percent secure.
As a result, we cannot guarantee the security of any information you transmit using our Web site, and you transmit such information at your own risk. New Mexico Water further does not assume responsibility for use or disclosure of your information that are the result of unauthorized or illegal access to our systems or those of our vendors or partners.
Secure Socket Layer (SSL) is a security protocol used for securing communications on the Web. SSL security is implemented at any stage of the information-gathering process that requires personal information.
Your browser will give an indication that SSL security is being used (e.g., by showing an icon in the status bar area). See your browser’s documentation for more information.
Disclaimer
Disclaimer of Warranties
The Web site and any content, information, software, functions, and applets proved on or through the Web site are made available on an “as is” and “as available” basis without warranty, express or implied, and you use this Web site at your own risk. The Company does not warrant that the Web site or any content or service provided in connection with the Web site will be timely, secure, uninterrupted, or error-free, or that defects in the Web site or in any content or service provided on or through the Web site, if any exist, will be corrected. The Company will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Web site or any Services or related content, for communication line failures, or for computer viruses associated with the operation of the Web site. The company makes no warranty regarding any information made available through or on the Web site. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. No Company employee, agent, representative, or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.
Limitation of Liability
The Company, its affiliates or subsidiaries, and their officers, directors, employees, agents, successors, or assigns, will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special, or punitive damages (including without limitation damages resulting from lost data, lost profits, or costs of procurement of substitute products or services) arising out of or in connection with the Web site or any of the services available on or through the Web site. In no event will the liability of the Company, its affiliates or subsidiaries, or their officer, directors, employees, agents, successors, or assigns, under any theory of liability (whether in contract, tort, strict liability, or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATION IN THE PREVIOUS SECTION (“DISCLAIMER OF WARRANTIES”) AND THIS SECTION (“LIMITATION OF LIABILITY”) MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the Web site or the placement or transmission of any message, information, software, or other materials or content on or through the Web site by you or your representative.
Other
The Company controls and operates this Web site from its offices in California. If you use this Web site from other locations you are responsible for compliance with applicable local laws. These Terms of Use will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with the Company in California or elsewhere. Use of this Web site will be deemed to take place solely in California. You agree that the courts located in Belen, New Mexico, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the Web site, and that you will submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys’ fees and costs, in addition to all other available recovery and relief.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
The Terms of Use, which incorporates by reference the Company’s Privacy and Security Statements, state the entire agreement between you and the Company relating to your use of the Web site, and all prior and contemporaneous agreements and understanding relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended except by Company as provided at the beginning of these Terms of Use.