PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT.
Subject to the conditions set forth herein, New Mexico Domains may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. New Mexico Domains will provide reasonable advance notice of any amendment that includes, at a minimum, a change to the Terms of Service that reduces your rights or increases your responsibilities, by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If any changes increase to Fees charged by New Mexico Domains , New Mexico Domains will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change.
If you create an Account, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself, your company or the company employing you.
1.2 ACCOUNT ELIGIBILITY
To register for an Account or use the Site and Site Services, you must (a) comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, (b) be a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.
1.3 ACCOUNT PERMISSIONS
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, New Mexico Domains may close any or all related Accounts.
1.4 USERNAMES AND PASSWORDS
When you register for an Account, you will be given a username (your email address) and a password (randomly-generated) for the Account, both of which will be emailed to the address you specified. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize New Mexico Domains to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL New Mexico Domains ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID New Mexico Domains IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You and New Mexico Domains agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
8.1 CHOICE OF LAW
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any principles that provide for the application of the law of another jurisdiction.
8.2 AGREEMENT TO ARBITRATE
You and New Mexico Domains each agree that any and all disputes or claims that have arisen or may arise between you and New Mexico Domains relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to New Mexico Domains Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Santa Fe County, New Mexico, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the United States District Court for the Eastern District of North Carolina.
9.2 MODIFICATIONS; WAIVER
No modification or amendment to the Terms of Service will be binding upon New Mexico Domains unless in a written instrument signed by a duly authorized representative of New Mexico Domains or posted on the Site by New Mexico Domains . Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
Users may not assign the Terms of Service, or any of its rights or obligations hereunder, without New Mexico Domains ’s prior written consent in the form of a written instrument signed by a duly authorized representative of New Mexico Domains. New Mexico Domains may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
9.5 FORCE MAJEURE
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
9.6 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions if any. The Site is controlled and operated from our facilities in the United States.
9.7 ACCESS OF SITE TO OUTSIDE THE UNITED STATES
New Mexico Domains makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.
Document Updated: November, 2019
Our website (newmexicodomains.com) is referred to as the “Site.”
Our Site, including without limitation information provided by us, together are called the “Platform.”
We call a user of our Platform or Site, a “User,” or collectively, the “Users”.
“You” and “Your” refer to an individual User of our Platform.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
We do not knowingly collect personal information from children under 13 years of age. Our Platform is not directed to children under the age of 13 and children under 13 are not permitted to use the Our Platform. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please let us know at [email protected]
TYPES OF DATA WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
INFORMATION YOU PROVIDE TO US
We retain information on your behalf, such as files and messages that you post on our Site.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys, we may collect additional information that you knowingly provide.
When you post messages on the Platform or on a Social Media Site (“SNS”) where we have a page or presence (collectively “SNS Pages”), the information contained in your posting may be republished on our Site and other Users may be able to see them.
INFORMATION COLLECTED VIA TECHNOLOGY
In an effort to improve the quality of the Platform, we track information provided to us by your browser, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Platform, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a User’s browser from our servers and are stored on the User’s computer hard drive. Sending a cookie to a User’s browser enables us to collect Non-Personal information about that User and keep a record of the User’s preferences when utilizing our Platform, both on an individual and aggregate basis.
USE OF YOUR PERSONAL INFORMATION
In general, Personal Information you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Information in the following ways:
USE OF YOUR NON-PERSONAL INFORMATION
DISCLOSURE OF YOUR PERSONAL INFORMATION
THIRD PARTY SERVICE PROVIDERS
We may share your Personal Information with third party service providers to provide you with the Platform that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other functionality related to the Platform.
LINKS TO THIRD PARTY WEBSITES
YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
SECURITY OF YOUR PERSONAL INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Platform, you acknowledge that you understand and agree to assume these risks.
Document Updated: November, 2019
2.2 TERMINATION OF THE LIMITED SITE LICENSE
New Mexico Domains may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon New Mexico Domains providing such notice.
2.3 New Mexico Domains INTELLECTUAL PROPERTY
New Mexico Domains and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The New Mexico Domains logos and names are trademarks of New Mexico Domains and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any New Mexico Domains Marks.
2.4 YOUR INTELLECTUAL PROPERTY
2.4.1 YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF New Mexico Domains
When you post User Content on the Site or through the Site Services or provide New Mexico Domains with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not New Mexico Domains , is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless New Mexico Domains , our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
2.4.2 YOUR RIGHTS AND LICENSE TO New Mexico Domains AND OTHER SITE VISITORS
2.4.3 YOUR COMMENTS AND IDEAS
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place New Mexico Domains under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, New Mexico Domains does not waive any rights to use similar or related ideas, including those known or developed by New Mexico Domains or obtained from sources other than you.
2.5 THIRD-PARTY INTELLECTUAL PROPERTY
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of New Mexico Domains . New Mexico Domains neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than New Mexico Domains’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
2.6 COMPLAINTS ABOUT COPYRIGHTED CONTENT ON THE SITE
New Mexico Domains is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by complying with New Mexico Domains ’s Proprietary Rights Infringement Reporting Procedures.
3.1 EXAMPLES OF PROHIBITED USES OF THE SITE
The following are examples of uses that are prohibited on the Site or when using the Site Services:
3.3 REPORTING AND CORRECTING VIOLATIONS