Mesa del Sol Website Terms of use
Access to and use of the Mesa del Sol Website and the content and services available through the Mesa del Sol Website (“Mesa del Sol Website”) is subject to the following Terms of Use Agreement (the “Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS OR BY USING THE MESA DEL SOL WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, PLEASE DO NOT USE THE MESA DEL SOL WEBSITE.
Scope
This Agreement applies to access and use of the Mesa del Sol Website. The Mesa del Sol Website is owned and operated by Forest City Covington NM, LLC. (“Provider” or “Forest City”). The Agreement does not apply to the use of unaffiliated sites to which Provider only links or to any sites owned or operated by Forest City Enterprises or its affiliates.
Description of the Mesa del Sol Website
The Mesa del Sol Website provides access to a wide array of online resources, various communications tools, personalized content and branded programming. Provider may terminate, modify, or temporarily discontinue any of the services, features or tools available through the Mesa del Sol Website at any time. Provider will not be liable for any termination, modification, or temporary discontinuance of the Mesa del Sol Website.
In order to use the Mesa del Sol Website, users must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any fees associated with such access. In addition, users need all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
Restrictions on Use of Content
All materials appearing on the Mesa del Sol Website, including but not limited to text, graphics, names, logos, service marks and trademarks, and information contained on any linked sites (collectively, the “Content”), are the property of Provider or the party credited as the provider of the content and are protected by United States and international copyright, trademark, and other intellectual property laws. You may access, download and print Content on the Mesa del Sol Website solely for your own personal and noncommercial use, provided, however that any print-outs of any Content must include all copyright and other proprietary notices. No right, title or interest in or to any of the Content is transferred to you. You may not copy, publish, distribute, sell, display, transmit, adapt, modify, create derivative works of, or in any way exploit any Content. To request our permission, you may write to Mesa del Sol, 801 University Blvd. SE, STE 200, Albuquerque, NM 87106. You must follow and observe all additional copyright notices or other restrictions contained on the Mesa del Sol Website.
Links
The Mesa del Sol Website may provide, or third parties may provide, links to other World Wide Web sites. Because the Provider has no control over such sites, you acknowledge and agree that Provider is not responsible for the availability of such sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. You acknowledge and agree that Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site.
Member Conduct
You agree not to use the Mesa Del Sol Website to:
Upload, post, email, or otherwise transmit any content that is harmful, threatening, abusive, harassing, false, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or otherwise violates any applicable law;
Upload, post, email, or otherwise transmit any content that is harmful to minors in any way;
Impersonate any person or entity, including, but not limited to, any Provider forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through The Mesa Del Sol Website;
Upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
Upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of The Mesa Del Sol Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Interfere with or disrupt any services available through The Mesa Del Sol Website or servers or networks connected to The Mesa Del Sol Website, or disobey any requirements, procedures, policies, or regulations of networks connected to The Mesa Del Sol Website;
Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
“Stalk” or otherwise harass another; or
Collect or store personal data about other users.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Mesa del Sol Website, use of the Mesa del Sol Website, or access to the Mesa del Sol Website.
Modifications
We reserve the right to modify this Agreement or the Mesa del Sol Website at any time. You should check this Web page periodically for changes to the Agreement. Any changes to this Agreement shall be effective immediately upon posting. By using the Mesa del Sol Website after we post any changes to this Agreement, you agree to be bound by those changes, whether or not you have reviewed them. If any change to this Agreement or the Mesa del Sol Website is unacceptable to you, your only recourse is to terminate your use of the Mesa del Sol Website.
Copyright Complaints
We respect the intellectual property rights of others and require that the people who use the Mesa del Sol Website do the same. In appropriate circumstances, we reserve the right to terminate the access privileges of any user who uses the Mesa del Sol Website to engage in copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Mesa del Sol with the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Mesa del Sol’s designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 can be reached as follows: Mesa del Sol, 801 University Blvd. SE, STE 200, Albuquerque, NM 87106 or e-mail at info@mesadelsolnm.com
Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THE MESA DEL SOL WEBSITE AND ANY SERVICES, INFORMATION OR MATERIAL AVAILABLE THROUGH MESA DEL SOL WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. PROVIDER, ON BEHALF OF ITSELF, FOREST CITY ENTERPRISES AND EACH OF THEIR RESPECTIVE AFFILIATES AND LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, RELIABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF (1) ANY SERVICES, INFORMATION, OR MATERIAL CONTAINED ON THE MESA DEL SOL WEBSITE. (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH THE MESA DEL SOL WEBSITE, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THE MESA DEL SOL WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE MESA DEL SOL WEBSITE.
Limitation of Liability
MESA DEL SOL NOR ANY OF ITS RESPECTIVE LICENSORS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE MESA DEL SOL WEBSITE OR LOSS OF DATA, INCOME OR PROFITS) ARISING OUT OF YOUR USE OF THE MESA DEL SOL WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH ENTITY OR INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold harmless Provider, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fees, arising out of any claim or demand made by any third party that arises out of or relates to your use of the Mesa del Sol Website, your posting, downloading, or transmission of any communications or material on the Mesa del Sol Website or from your violation of this Agreement or any applicable law.
Proprietary Rights
The Mesa del Sol Website, all Content, the layout and organization of the web site, and all trademarks, including but not limited to all material distributed or presented to the organization or its members through any services by Provider or its third party providers or on the linked sites, and all rights and intellectual property rights, are the sole property of Provider or its third party providers, and are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree to respect all proprietary rights of Provider and its third party providers in and to the Content, the organization and layout of the Mesa del Sol website, and any products or services available through the Mesa del Sol Website. Any comments, suggestions, ideas or other information submitted to Provider through the Mesa del Sol Website, in writing, by e-mail or otherwise will be the property of Provider and Provider will have all rights without any obligation to compensate.
Trademarks
Provider, the Provider logo, and other Provider logos and product and service names are trademarks or service marks of Provider (“Provider Marks”). You agree not to display or use in any manner the Provider Marks without Provider’s prior written permission.
Governing Law
This Agreement will be governed by and construed in accordance with the State of New Mexico, United States of America, where the Provider offices are located, excluding any principles of law that may direct the application of the law of another state. Except as provided in the Injunctive Relief paragraph below, any action or proceeding related to or arising out of this Agreement will be brought only in a state or federal court located in Albuquerque, New Mexico, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Injunctive Relief
In the event you breach or threaten breach of the Terms of Use, you acknowledge and agree that Provider will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Provider may apply to any court of competent jurisdiction in the United States or any other jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law paragraph above, will apply the laws of its own jurisdiction in determining whether Provider will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Provider’s rights to relief in either law or equity.
Miscellaneous
If any terms or conditions in this Agreement are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This Agreement is the entire agreement between you and Provider relating to the subject matter it contains.
Contact
Any inquiries concerning this Agreement should be directed to info@mesadelsolnm.com.
Mesa del Sol
Attn: Mesa del Sol Webmaster
801 University Blvd. SE, Suite 200
Albuquerque,
NM 87106