I hereby acknowledge that I have read, understood, and agree to be bound by the policies, terms, and conditions set forth in this document.
ILLEGAL OR ABUSIVE USAGE IS STRICTLY PROHIBITED
You must not abuse, harass, threaten, impersonate, or intimidate other users of our website. You may not use Balzano Government Relations’ (the “Company’s”) services for any illegal or unauthorized purpose. International users agree to comply with all local laws (in addition to the laws of the United States and New Mexico) regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, Company will suspend your account or usage as applicable.
We reserve all rights not expressly granted to you in these Terms of Service (these “Terms”). We own all rights, title, interest, copyright, and other worldwide Intellectual Property Rights (as defined below) in our services and all copies of our services. These Terms do not grant you any rights to our patents, trademarks, or service marks. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction. You may submit comments or ideas about the Company’s services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
www.nmlobbyist.org and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Company in the United States and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.
LICENSE AND SITE ACCESS
Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including, but not limited to, images, text, page layout, or form of Company without the express written consent of Company. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent of Company. Any unauthorized use terminates the consent or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the express written consent of Company.
RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; COMPANY’S SERVERS; OR EMAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms or any additional terms that you have with the Company; (b) your wrongful or improper use of our services; (c) your violation of any third-party right, including without limitation any right of privacy rights, publicity rights, or Intellectual Property Rights; (d) your violation of any law, rule, or regulation of the United States or any other country; and (e) any other party’s access and/or use of our services with your unique name, password, or other appropriate security code.
By visiting our website, you agree that the laws of the State of New Mexico will govern these Terms, without regard to principles of conflict of laws, and any dispute of any sort that might arise between you and Company.
Any dispute relating in any way to your visit to our website or services sold or distributed by Company in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500.00 shall be adjudicated under New Mexico law, and you consent to exclusive jurisdiction and venue in New Mexico.
You and the Company agree to arbitrate any and all disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST THE COMPANY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) according to this section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Albuquerque, New Mexico, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties will equally pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. The prevailing party shall be entitled to attorney’s fees and may seek to recover those fees from the arbitrator. For purposes of this arbitration provision, references to you and the Company also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of our services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the state courts in the city of Albuquerque, County of Bernalillo, State of New Mexico, or federal court for the District of New Mexico.
LIMITATION ON THE TIME TO INITIATE A DISPUTE
Any action or proceeding by you relating to any Dispute must commence within one (1) year after the cause of action accrues.
INFORMATION COLLECTION AND USE
Our primary goals in collecting personally identifiable information are to provide you with the product and services made available through our website, including, but not limited to, our services, to communicate with you, and to manage your registered user account, if you have one. We may collect information about you when you visit and interact with this Site. Some of this information may be automatically collected, and some is collected when you interact with the Site.
Information Automatically Collected: We may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. The type of information that may be automatically collected may include date and time of access of the Site, your traffic pattern through our Site, any communications between your computer and our Site, the internet protocol address of the computer that you are using, the domain and host from which you access the internet, the type of computer you use, your internet connection, your browser software and operating system, and the specific activities you are engaged in while visiting the Site. The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our website and our offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Information You Provide to Us: We collect information about you when you register with us or place an order for products or services. We also collect information when you voluntarily complete customer surveys, take quizzes or assessments, complete questionnaires or applications, submit your contact information on an opt-in box or contact form, fill out forms, use search queries on our search feature, provide comments or other feedback, and open our emails or click links on our website, in our marketing communications, or on social media. Website usage information is collected using cookies.
Information from which you can be personally identified may include your name, postal address, email address, telephone number, credit card number (referred to as “Personal Consumer Information”), and/or any other identifier that permits the physical or online contacting of you in connection with your use of or participation in any of the following: membership registration at the website, contests, sweepstakes, promotions, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors’ requests for free products or services or additional information (including via email to us), and in connection with other activities, services, or resources we make available on any of our Sites. In all these cases, we will collect personal consumer information from you only if you voluntarily submit such information to us. Further, the Company may contact you based on the information you provide online whether in connection with your registration or in such places as the above described forums. Of course, you may choose not to provide certain information to us, but if so, you may not be able to participate in some of the activities and transactions available on the website.
Electronic Communication: When you communicate with us electronically, via email, when opting to receive our newsletter, or otherwise, you consent to our use of the information you have provided, and you further consent to receive electronic communications from us and our affiliated entities. If you would prefer not to receive such communications, you can opt out of our email lists by clicking on the “opt out” line at the bottom of any email.
INFORMATION COLLECTED UPON REGISTRATION
If you desire to have access to certain restricted sections of our web site, you will be required to become a registered user and to submit certain personally identifiable information to Company. This happens in a number of instances, such as when you sign up for our services or if you desire to receive marketing materials and information. Personally identifiable information that we may collect in such instances may include your IP address, full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with or include in your public profile.
We collect information about you to process your orders, send you our newsletters, email you notifications of our new blogs, videos, or podcasts, manage your account, improve our overall performance, and if you agree, to provide you with information about our products and services we think may be of interest to you.
Personal information which you supply to us may be used in a number of specific ways, such as:
- to email you our newsletter
- to email you about services we are offering for sale
- to email you links to our blog or podcast
- to email you about events
- to share information about other products or services we think you might be interested in
- for fraud prevention
- for audit and debt collection
- for statistical analysis
- for use by our employees, affiliates and referral partners, contractors, or outside vendors in any of the above activities
We use your information collected from the website to personalize your repeat visits to our website. If you agree, we shall pass on your personal information to our other companies (owned by us or affiliated with us) so that they may offer you their products and services. In processing your order, we may send your details to and also use information from credit card companies, credit reference agencies, and fraud prevention agencies.
USE OF CONTACT INFORMATION
We would like to send you information about products and services of ours and other companies that we are affiliated with that may be of interest to you. If you have consented to receive marketing, we will use your personal information to do that. You have the right at any time to stop us from contacting you for marketing purposes or giving your information to our other companies or those affiliated with us. In addition, we may use your contact information to market to you and provide you with information about our products and services. If you decide at any time that you no longer wish to receive such information or communications from us, please follow the unsubscribe instructions provided in any of the communications.
When you visit the Site, our servers automatically record information that your browser sends whenever you visit a website as log data. This log data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. For most users accessing the internet from an internet service provider, the IP address will be different every time you log on. We use log data to monitor the use of the site and our services, and for the Site’s technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of violation of the Terms.
COOKIES AND OTHER TECHNOLOGIES
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Other technologies used may include clear GIFs and IP address logging. Clear GIFs, also known as web bugs, beacons, or tags, are small graphic images placed on a web page, web-based document, or in an email message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document, or email message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIF’s to capture statistical usage information for our web pages, features, or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship services, database storage and management, and direct marketing campaigns. We will share your personally identifiable information with these third parties but only to the extent necessary to perform these functions and provide such services and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
We may sell, transfer, or otherwise share some or all of the Company’s assets, including your personally identifiable information, in connection with a merger, acquisition, reorganization, sale of assets, or in the event of bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your information differs materially from that set forth in this Policy.
SECURITY OF INFORMATION
The Company uses reasonable standards of confidentiality and security for nmlobbyist.org and for the Personal Consumer Information collected from the site. We also restrict our own employees’ access to Personal Consumer Information. However, it is possible that someone may intercept or access communications, transmissions, and/or Personal Consumer Information. For site security purposes and to ensure that this service remains available to all users.
Email is not a secure form of communication. For this reason, please do not send private or confidential information to us via email. If you do so, it is at your own risk. You must also seek to protect against unauthorized access to any information that you use in connection with this website, and you should remember to close the browser once you have completed your activities on the website or if you have decided to step away from your computer. In the event that we determine that there has been a security breach resulting the unauthorized disclosure of Personal Consumer Information to a third party, we will notify consumers whose Personal Consumer Information has been so disclosed by posting such information on the Company’s website and, if email contact is possible, sending an email advising of the status.
USE AND SHARING OF PERSONAL CONSUMER INFORMATION
Except as otherwise provided in this Policy, we reasonably attempt to ensure that we never intentionally disclose any personal consumer information about you as an individual user to any third party without having received your permission (through opting in or similar procedures) except as provided for in this Policy or otherwise as permitted or required under law.
We have the following exceptions to this Policy: we will release specific information about you or your account to comply with any valid governmental inquiry or legal inquiry or process such as a search warrant, subpoena, statute, or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites or a physical or property threat to you or others. We may also transfer user information, including Personal Consumer Information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division, or other fundamental corporate change. We may provide access to your personal consumer information to our contractors, vendors, and third-party applications that are performing services for us in connection with our website or the services or products we offer. In addition, on occasion, we may collect Personal Consumer Information from you in connection with optional contests, special offers, or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer, or promotion. Your participation in the contest, special offer, or promotion constitutes your consent to such disclosure and use of such information.
Further, the information you enter when making a purchase will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose of carrying out the transactions. Please note that if you give out personal information online such as in a forum or message board, that information is not protected, is visible to the public and other visitors of the Site and can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you voluntarily post, and we have no control over how such third parties may use your information. You disclose any personal information at your own risk.
In addition, you are responsible for the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
We keep this Policy under regular review and we will place any updates on this webpage. If we make material changes to this Policy, we will notify you by email to the email address specified in your account and/or through a notice on the website home page. You are responsible for ensuring that we have an up-to-date, active, and deliverable email address for you and for periodically visiting our website and this Policy to check for any changes.
This Policy was last updated on January 27, 2020.
Countdown to Next Legislative Session