Terms and Conditions
General
Thanks for using our website (“Website“). The Website is owned and operated by WBRM LLC (“WBRM”), located at 2001 E. Lohman STE 110-144 Las Cruces NM 88001, United States. These Terms and Conditions is a legal agreement between you and WBRM regarding your use of the Website.
For the purposes of these Terms and Conditions: “we”, “our” and “us” refers to WBRM while references to “you” and “your” refers to the persons accessing this Website (including persons who access this site on the behalf of an entity/organization, in that case “you” or “your” will refer to that entity/organization).
By accessing, browsing, or using this Website, you are agreeing and warranting that you have read, understood, and agreed to be bound by these Terms and Conditions without any qualification or exception and to comply with all applicable laws and regulations, and that you have the capacity to agree to these Terms and Conditions. If you do not agree (or lack the capacity to agree) to these Terms and Conditions, you are not permitted to, and agree not to, use or access this Website.
Scope
These Terms and Conditions refer only to your use of this Website. Use of the WBRM software is governed by a separate agreement called WBRM end user license agreement.
Using our Website
Your access to this Website is on a temporary basis, and we reserve the right to withdraw, restrict or amend this Website and your access to this Website without notice at our absolute discretion. You must follow any policies made available to you within the Website. Don’t misuse our Website. You may use our Website only as permitted by law.
In particular, you agree that, you must not: (i) post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal; (ii) use ‘screen scraping’, any automated algorithm, device, method, system, software or manual process to access, use, search, copy, monitor or extract material (in whole or in part) from or through using this Website unless we have given our express written agreement; (iii) use this Website in a manner which causes or may cause an infringement of the rights of any other; (iv) use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means; (v) deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code; (vi) take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure; (vii) permit any automatic registration, logging in or access to any of the material on the Website; (viii) obtain or attempt to obtain unauthorized access, via whatever means, to any of our networks or accounts or to information about other users; and (ix) disclose confidential information of any person or entity including without limitation our confidential information.
Proprietary Rights
Using our Website does not give you ownership of any intellectual property rights in our Website or the content you access, or the underlying software. WBRM and its licensors retain and reserve all right, title and interest in the Website.
You may not use content from our Website unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Website. Don’t remove, obscure, or alter any legal notices displayed in or along with our Website.
Our Website may display some content that are not WBRM’s. Such content is the sole responsibility of the entity that makes it available.
Our Website may contain trademarks of third parties these trademarks are the property of their respective owners. Microsoft or Windows are registered trademarks of Microsoft Corporation..
Links
This Website may include links to other internet sites. We do not endorse any such Websites and we are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
You may only link to this Website with our express written permission. We expressly reserve the right to withdraw our consent at any time to a link.
Security
If you have reason to believe that your access to the Website is no longer secure (e.g. loss, theft or unauthorized disclosure or use of user names, passwords and personal identification numbers), you must promptly change the affected access information.
Privacy
WBRM’s privacy policy explains how we treat your personal data and protect your privacy when you use our Website.
Unsolicited Ideas and Information
WBRM does not want to receive confidential or proprietary information from you through our Website (or through other means, unless we expressly agree otherwise). Please note that any information or material sent to WBRM will be deemed NOT to be confidential. By sending WBRM any information or material, you grant WBRM an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that WBRM is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN WBRM’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO WBRM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO WBRM OR ANYONE AT WBRM.
Our Warranties and Disclaimers
Neither WBRM nor its suppliers or distributors make any specific promises about the Website or the information contained within the Website. For example, we don’t make any commitments about the content within the Website, the specific functions of the Website, or their reliability, availability, or ability to meet your needs. We provide the Website “as is”. Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
WBRM assumes no responsibility (and expressly disclaims responsibility) for updating this Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Website.
Liability for our Website
IN NO EVENT WILL WBRM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU OR OTHERS, IN CONNECTION WITH THIS WEBSITE or any information contained in it HOWEVER CAUSED OR ARISING AND UNDER ANY THEORY OF LIABILITY LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE)
THE LIMITATIONS ON WBRM’S LIABILITY SHALL APPLY WHETHER OR NOT WBRM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE ARISING; AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY PROVIDED HEREIN.
IN ADDITION, You will not bring a legal action against WBRM more than TWO yearS after the cause of action arose, unless otherwise provided by applicable law without the possibility of contractual waiver.
Indemnification
You agree to promptly indemnify, defend and hold us harmless upon our request from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
About these Terms
We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice to you. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
These Terms and Conditions contain all the terms of your agreement with us relating to your use of this Website (as opposed to the WBRM software, which is governed by the End User License Agreement).
If you do not comply with these Terms and Conditions, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
You agree that the laws of New Mexico, U.S.A., excluding New Mexico’s choice of law rules, will apply to any disputes arising out of or relating to these Terms and Conditions or the Website or content contained in this Website. All claims arising out of or relating to these Terms and Conditions will be litigated exclusively in the federal or state courts of New Mexico, and you and WBRM consent to personal jurisdiction in those courts.