By accessing this Website, you agree that you have read, understand and agree to be legally bound by the TOU set forth below. If you do not agree to be bound by these TOU, do not access this Website.
These TOU may be modified by us at any time. You can review the most current version of these TOU at any time at paulitasnewmexico.com/terms. In agreeing to these TOU, you are responsible for periodically checking for changes and/or updates to these TOU.
Company grants you a revocable limited, non-sublicensable, non-transferable, nonexclusive license to solely use the Website for non-commercial purposes. In utilizing the Website, you are responsible for ensuring compliance with any applicable terms and conditions of the social networking site through which the Website is made available. As between Company and you, title, ownership rights, and intellectual property rights in and to the Website and any derivatives or modifications thereof, in whole or in part, remain with Company. You understand that Company may modify or discontinue the Website or any of its features at any time in its sole discretion. The TOU does not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Website except in Company’s sole discretion. You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or making use of the permitted uses allowed under these TOU. No license to use or reproduce any logo or trademark included on the Website is granted to you by these TOU or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.
In connection with your use of the Website, you will not, and will not allow any third party to:
a) Post or link to any material that contains:
– Adult content, including nudity, sexual terms and/or images of people in positions or activities that are excessively suggestive or sexual;
– Obscene, defamatory, libelous, slanderous and/or unlawful content;
– Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent;
– Inflammatory religious content;
– Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities; or
– Hate speech, whether directed at an individual or a group, and whether based upon the race, disability, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language of such individual or group.
b) Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Website;
c) Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Website or any content contained therein;
d) Use the Website in any manner that could damage, disable, overburden, or impair the Website, Company, the applicable social networking site, or any other person or entity; or
e) Collect any information (including usernames and/or email addresses) about other users of the Website; create or transmit unwanted electronic communications to other users of the Website; or otherwise interfere with such users’ enjoyment of the Website.
Unless otherwise expressly authorized in these TOU or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website without our prior written consent. You agree not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws related to your use of the Website.
By posting or submitting any text, images, designs, video, sound, code, data, lists, or other materials or information (such user-submitted content, collectively, “User Content”) through or in connection with an Website, you grant to Company, its affiliates and sublicensees, a perpetual, universal, non-exclusive, royalty-free, fully paid-up, irrevocable, transferable, and fully sublicensable (through multiple tiers) right to copy, display and perform (publicly or otherwise), modify, transmit, make derivative works of, and distribute your User Content (in whole or in part) in any media, and to incorporate the User Content into other works in any format or medium, now known or later developed, for any purpose (including publicity). The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to rights under copyright, trademark, service mark, rights of publicity or patent laws under any relevant jurisdiction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
You represent and warrant that:
a) You own or control all of the rights to the User Content that you post or otherwise have the right to post such User Content through or in connection with the Website;
b) User Content is accurate and not misleading; and
c) Use and posting of User Content supplied by you does not violate the TOU, and will not violate any rights of or cause injury to any person or entity, including without limitation the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you through or in connection with the Website.
You are solely responsible for the User Content that you post, store or upload through or in connection with the Website, including any material or information that you transmit to other users or post on Facebook. Company does not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded through or in connection with the Website; however, Company reserves the right to itself or through a third party, delete, screen or edit any User Content posted, stored or uploaded through or in connection with the Website at any time and for any reason without notice. Without limiting the foregoing, Company may remove any User Content for any reason including content that in the sole judgment of Company violates the TOU, or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Company does not endorse any User Content and takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
Digital Millennium Copyright Act (DMCA) Notice:
We are committed to complying with U.S. copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not disseminate any material or content using the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to Company a written notice by mail or e-mail, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
Limitation on Liability; Disclaimers:
THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AND YOU SHALL USE THE WEBSITE AT YOUR OWN RISK. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE WEBSITE. COMPANY DOES NOT WARRANT THAT THE WEBSITE OR WEBSITE CONTENT OR THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COMPANY) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE WEBSITE. IN NO EVENT SHALL COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, RELEASED PARTIES), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES COSTS, OR EXPENSES WHATSOEVER, INCLUDING WITHOUT LIMITATION, RESULTING FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE WEBSITE OR, (VI) OTHERWISE RESULTING FORM THE USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED US $5.00.
You agree that you will defend, indemnify and hold harmless Company, its parent, subsidiary and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Website of violation of these TOU, including without limitation:
a) all matters related to your access to and use of any Company online services, including, without limitation, your use of the Website;
b) your violation of any provision contained in the TOU;
c) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right;
d) any claims that your use of the Website caused damage to a third party; and/or
e) violations of any and all applicable laws, rules or regulations from any jurisdiction.
Links to Other Sites:
The Website may contain links to websites operated by or on behalf of Company, and your use of all such websites are subject to the applicable policies of those websites. The Website, including content therein, may contain links to third-party websites. These links are provided as a convenience to you.
Company does not control and is not responsible for the content of such third-party websites or the conduct of the operators of such third-party websites, and does not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third-party websites.
Company encourages you to exercise discretion while browsing the Internet. If you decide to access linked third-party websites, you do so at your own risk.
Maps and Directions Functionality:
The Website may make available certain mapping or directions functionality. COMPANY AND ITS SERVICE PROVIDERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY MAPPING OR DIRECTIONS FUNCTIONALITY, OR FOR ANY DAMAGES THAT MAY ARISE FROM FOLLOWING ANY MAPS OR DIRECTIONS AVAILABLE THROUGH THE WEBSITE. ALL SUCH MAPS AND DIRECTIONS ARE CONSIDERED THIRD-PARTY CONTENT. Without limiting the foregoing, Company and its service providers are not, and will not be, responsible for your use of (or inability to use, or any inaccuracies or limitations of) any such mapping or directions functionality. You must exercise caution in using any available maps or directions, and you must independently evaluate the accuracy and safety of any such maps or directions. Such maps and directions may not reflect current conditions.
Company reserves the right, at any time and in its sole discretion, to discontinue the use of the Website in whole or in part, and prevent any person or entity from access to the Website. Upon termination for any reason, Sections regarding Disclaimers; Limitation on Liability, Indemnity, and General, together with any licenses granted to Company hereunder, will survive.
Governing Law, Arbitration and Class Action Waiver:
The TOU and your use of the Website shall be governed by laws of the State of Texas, without regard to its conflict of laws principles, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THE TOU OR THE WEBSITE OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THIS TOU WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, AND TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, AND IN ANY OTHER REPRESENTATIVE CAPACITY, AND TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this TOU. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this TOU and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this TOU, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this TOU will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
The failure of Company to insist upon or enforce any of the provisions of these TOU, or to exercise any rights or remedies under these TOU, will not be construed as a waiver of Company’s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these TOU shall be deemed a further or continuing waiver of such term or any other term. If any provision of this TOU is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this TOU and will not affect the validity and enforceability of any remaining provision.
This TOU does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under this TOU without our express prior written consent. Company may assign, transfer or sublicense any or all of our rights or obligations under this TOU without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this TOU shall be construed as if followed by the phrase “without limitation.” This TOU, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this TOU) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this TOU and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Company does not endorse any of the products or services listed on such site.
Questions: Should you have any questions regarding these TOU you may contact us at email@example.com.
These TOU were last updated on June, 2021.