is owned by PNM Resources, Inc. ("PNM Resources").
By using this web site and any of its content (collectively,
"Site"), you agree to be legally bound by these
manner. PNM Resources reserve the right to change these Terms
of Use from time to time without notice to you except for
posting the revised language on this Site. Your continued
use of this Site shall constitute your acceptance of such
changes. Any reference to "content" means any information,
data, documents, text, audio, video, sounds, music, trademarks,
service marks, logos, images, and other graphics and artwork,
and any meta tags and other computer code. Please
check back to this page frequently to see the current version
PERMITTED USE: You may view and use this
Site solely for your personal, noncommercial use. If you breach
and use this Site immediately terminates.
COPYRIGHT, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY:
All content on this Site is the property of or licensed to
PNM Resources and is protected by U.S. and international copyright
law, trademark and other intellectual property laws. You may
not copy, modify or distribute the content in any form without
written permission from PNM Resources or other copyright owner.
The trademarks, service marks, logos, images and other graphics
and artwork used and displayed, or set out in meta tags or
other computer code, on this Site are registered and unregistered
trademarks of PNM Resources or its subsidiaries or affiliates,
or of third parties. You are not authorized to use any trademark
appearing on this Site in any advertising, publicity or in
any other commercial manner without the prior written consent
of the owner of the trademark. Nothing contained herein shall
be construed as conferring by implication, estoppel, or otherwise
any license or right to any copyright, trademark, or other
intellectual property right of PNM Resources, its subsidiaries
and affiliates or any third party.
PNM Resources will not, without your prior consent, disclose
to any third party the personal information that you provide
to it or that it gathers about you online in this Site. Personal
information includes information such as name, address, telephone
number, account information, and email address. In no case
will PNM Resources sell or rent your personal information.
PNM Resources and its agents may, however, use that information
internally to help better tailor this Site to your interests
PASSWORD OPTIONS: There may be certain areas
of this Site that are restricted to authorized users through
the use of passwords. If PNM Resources grants you authorization
to those areas through the issuance of a password, you agree
to be bound by all terms and conditions that PNM Resources
attaches to the issuance and use of that password.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY:
PNM RESOURCES PROVIDE THIS SITE SOLELY FOR INFORMATIONAL PURPOSES.
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
PNM RESOURCES DOES NOT WARRANT THAT THE CONTENT OF THIS SITE
IS COMPLETE OR ACCURATE, THAT THE OPERATION OF THE SITE WILL
BE ERROR-FREE AND UNINTERRUPTED OR THAT THE SITE, ITS CONTENT,
OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS. PNM RESOURCES ASSUMES NO RESPONSIBILITY
OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THIS SITE. PNM RESOURCES EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE
THE CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
THAT YOU MAY SUFFER. PNM RESOURCES MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
PNM RESOURCES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
SUCCESSORS AND ASSIGNS AND ITS SUBSIDIARIES, AFFILIATES, AND
ANY THIRD PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU
OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF DATA OR PROGRAMS, OR COSTS TO PROCURE SUBSTITUTE PRODUCTS
OR SERVICES, (OR WHETHER RESULTING FROM TORT, CONTRACT, OR
OTHER THEORIES OF LAW) THAT ARISE OUT OF OR IN CONNECTION
WITH YOUR USE OR INABILITY TO USE THIS SITE, THE CONTENT,
OR ANY FUNCTIONS AVAILABLE ON OR THROUGH THIS SITE, EVEN IF
PNM RESOURCES OR ANY SUCH PERSONS OR ENTITIES ARE ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PNM RESOURCES,
ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND
ASSIGNS AND ITS SUBSIDIARIES, AFFILIATES, AND ANY THIRD PARTY
CONTENT PROVIDERS, EITHER JOINTLY OR SEVERALLY, EXCEED US$50.00.
THE FOREGOING PROVISIONS OF THIS SECTION ARE FOR THE BENEFIT
OF PNM RESOURCES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
SUCCESSORS AND ASSIGNS AND ITS SUBSIDIARIES, AFFILIATES, AND
ANY THIRD PARTY PROVIDERS OF CONTENT, GOODS, OR SERVICES,
AND EACH SHALL HAVE THE RIGHT TO ASSERT AND ENFORCE THE PROVISIONS
DIRECTLY ON THEIR OWN BEHALF.
IF YOU BECOME DISSATISFIED WITH THIS SITE OR THE TERMS, CONDITIONS
OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO STOP
USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING
EXCLUSIONS OR LIMITATIONS, SO PORTIONS OF THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION: PNM Resources
controls and operates this Site from its offices in the state
the substantive law of the state of New Mexico, as applied
to contracts entered into in the state of New Mexico between
New Mexico residents and performed in the state of New Mexico,
regardless of where you reside or where you transact business
with PNM Resources. You agree that the state and federal courts
located in Bernalillo County, New Mexico will have exclusive
jurisdiction over any disputes arising out of or in connection
with this Site. You hereby consent to the personal jurisdiction
of such courts. Any cause of action that you may have with
respect to this Site or its content must be commenced within
one (1) year after the claim or cause of action arises.
LINKS TO OTHER WEB SITES: This Site contains
links to web sites owned or operated by other parties unrelated
to PNM Resources. You acknowledge that PNM Resources does
not control those web sites or endorse those web sites and
acknowledge and agree that PNM Resources is not responsible
for, and shall not be liable for any content of those web
sites, including errors, viruses and accessibility. Note that
once you link to another web site, you are subject to that
LINKS TO THIS SITE: You are granted a limited
right to link to this Site from your web site, but only for
informational purposes, and only on the condition (a) that
you provide our Webmaster with notice of the link prior to
its establishment, (b) that the link is to a whole page in
this Site, not just to a selected element or elements found
on that page (e.g., a photograph, some graphics, etc.), and
(c) that you do not publish or permit to be published on your
web site any statements that are derogatory, defamatory, or
otherwise harmful to or intended to harm the reputation of
PNM Resources or any of its subsidiaries or affiliates.
GENERAL PROVISIONS: The failure by PNM Resources
to require or enforce strict performance of or adherence to
as a waiver or relinquishment to any extent of the right of
PNM Resources to assert or rely upon any such term, condition,
or right in that or any other instance. If a court of law
or regulatory agency having jurisdiction over PNM Resources
and you determines any term or condition of these Terms of
Use, or any portion thereof, to be illegal or unenforceable,
that term or condition or portion thereof shall be severed
shall be unaffected thereby and shall be enforced to the fullest
extent permitted by law.