Terms of Service
General
Unless otherwise specified, the Service is intended for your personal,
noncommercial use only. You may not modify, copy, reproduce, republish,
upload, post, transmit or distribute in any way any material, including
code and software, from the Service. You may download material from the
Service and may use the Service for your personal, non-commercial use
only, provided you keep intact all copyright and other proprietary notices.
As part of our Service, El Paso Ice Monitor agrees to provide you with
information and other computer services subject to these Terms of Service.
You agree to use the Service in accordance with these Terms of Service.
Accessing our Service, in any manner, for the purpose of obtaining information,
technical or otherwise, about the Service constitutes use of the Service
such that these Terms of Service bind the party accessing the Service.
Because the Web is an evolving medium, we may need to change these Terms
of Service or impose new conditions on use of the Service, from time to
time, in which case we will post the revised Terms of Service on this
website. By continuing to use the Service after we post any such changes,
you accept the Terms of Service, as modified.
You may establish a hypertext link to this Service so long as the link
does not state or imply any sponsorship of your site by El Paso Ice Monitor.
However, you may not, without the prior written permission of El Paso
Ice Monitor, frame any of the content of the Service, or incorporate into
another website or other service any intellectual property of El Paso
Ice Monitor.
By posting messages, uploading files, or otherwise providing any material
for display on the Service, you are representing that you are the owner
of the material, or are making your submission with the express consent
of the owner of the material. In addition, when you post a message, upload
a file, or otherwise provide us with material for display on the Service,
you are granting El Paso Ice Monitor a royalty-free, perpetual, non-exclusive,
unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit, publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right to exercise any
of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit any proprietary
rights in such communication, including but not limited to rights under
copyright, trademark, service mark or patent laws under any relevant jurisdiction.
In addition, please keep in mind that whenever you voluntarily disclose
personal information online, for example on message boards, through email,
or in chat areas, that information can be collected and used by others
besides El Paso Ice Monitor. El Paso Ice Monitor cannot be responsible
for any unauthorized third party use of information that you disclose
online.
Disclaimers
This Service includes links and pointers to Internet sites, content and
services provided by third parties. El Paso Ice Monitor' linking to any
third party sites does not imply an endorsement or sponsorship of such
sites, or the information, products or services offered on or through
the sites. In addition, El Paso Ice Monitor does not operate or control
in any respect any information, products or services that third parties
may provide on or through the Service or on websites linked to by El Paso
Ice Monitor. The materials, information, products and services offered
on or through the Service and any third-party sites are provided "as
is" and without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, El Paso
Ice Monitor disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for
a particular purpose. El Paso Ice Monitor does not warrant that the Service
or any of its functions will be uninterrupted or error-free, that defects
will be corrected, or that any part of this Service, including bulletin
boards, or the servers that make it available, are free of viruses or
other harmful components.
El Paso Ice Monitor does not warrant or make any representations regarding
the use or the results of the use of the Service or materials in this
Service or in third-party sites in terms of their correctness, accuracy,
timeliness, reliability or otherwise. You (and not El Paso Ice Monitor)
assume the entire cost of all necessary maintenance, repair or correction.
Interactive Features
This Service may include a variety of features, such as bulletin boards,
chat rooms, and email services, that allow feedback to El Paso Ice Monitor
and real-time interaction between users and other features, such as personalized
homes pages and e-mail services, that allow users to communicate with
others. Responsibility for what is posted on bulletin boards, chat rooms
and other public posting areas on the Service lies with each user - you
alone are responsible for the material you post. El Paso Ice Monitor does
not control the messages, information or files that others may provide
through the Service. It is a condition of your use of the Service that
you do not:
· Restrict or inhibit any other user from using and enjoying the
Service.
· Use the Service to post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
· Use the Service to post or transmit any information, software
or other material that violates or infringes upon the rights of others,
including material that is an invasion of privacy or publicity rights
or that is protected by copyright, trademark or other proprietary right,
or derivative works with respect thereto, without first obtaining permission
from the owner or right holder.
· Use the Service to post or transmit any information, software
or other material that contains a virus or other harmful component.
· Use the Service to post, transmit or in any way exploit any information,
software or other material for commercial purposes, or that contains advertising.
· Use the Service to advertise or solicit to anyone to buy or sell
products or services, or to make donations of any kind, without the express
written approval of El Paso Ice Monitor.
· Gather for the purpose of spamming e-mail addresses that have
been posted by other users of the Service.
You understand that El Paso Ice Monitor has no obligation to monitor any
bulletin boards, chat rooms, or other areas of the Service through which
users can supply information or material. However, El Paso Ice Monitor
reserves the right at all times to disclose any information as necessary
to satisfy any law, regulation or governmental request, or to refuse to
post or to remove any information or materials, in whole or in part, that
in El Paso Ice Monitor' sole discretion are objectionable or in violation
of these Terms of Service.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall
El Paso Ice Monitor be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of, or the inability
to use, El Paso Ice Monitor materials, products, or services, or third
party materials, products, or services made available through the Service,
or any part of the Service, even if El Paso Ice Monitor is advised beforehand
of the possibility of such damages. (Because some states do not allow
the exclusion or limitation of certain categories of damages, the above
limitation many not apply to you. In such states, the liability of El
Paso Ice Monitor is limited to the fullest extent permitted by such state
law.) You specifically acknowledge and agree that El Paso Ice Monitor
is not liable for any defamatory, offensive or illegal conduct of any
user. If you are dissatisfied with any El Paso Ice Monitor materials,
products, or services, or with any of El Paso Ice Monitor' terms and conditions,
your sole and exclusive remedy is to discontinue using the Service.
Other
This agreement constitutes the entire agreement between El Paso Ice Monitor
and you with respect to the subject matter contained in this agreement
and supersedes all previous and contemporaneous agreements, proposals
and communications, written oral. You also may be subject to additional
terms and conditions that may apply when you use the products or services
of a third party that are provided through the Service. In the event of
any conflict between any such third party terms and conditions and these
Terms of Service, these Terms of Service shall govern. This agreement
shall be governed by and construed in accordance with the laws of the
State of Texas without giving effect to any principles or conflicts of
law. If any provision of this agreement shall be unlawful, void or for
any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions.