THIS SITE IS PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND
CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
J. Banfill, All Rights
All pages within this Internet site ("Site") are the property of J.
Banfill. All trademarks, service marks and logos used in this Site are the
trademarks, service marks or logos of their respective owners.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR
ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED
THROUGH THE SITE, OR ANY SOFTWARE DOWNLOADED FROM THE SITE, IS PROVIDED "AS IS"
WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY
THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED
HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT
PRODUCT AND/OR SERVICE, AND NOT BY J. BANFILL. YOU ALSO ACKNOWLEDGE THAT YOUR
ACCESS TO THE SITE AND/OR RELATED SERVICES WILL NOT BE FREE OF INTERRUPTIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND
J. BANFILL IS NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN
THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
A possibility exists that the Site could include inaccuracies or errors.
Additionally, a possibility exists that unauthorized additions, deletions and
alterations could be made by third parties to the Site. Although J. Banfill
attempts to ensure the integrity and the accurateness of the Site, he makes no
guarantees whatsoever as to the correctness or accuracy of the Site. In the
event that an inaccuracy arises, please inform J. Banfill so that it can be
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. You understand that the internet contains
unedited materials which may be offensive to you. Because J. Banfill has no
control over such sites and resources, you acknowledge and agree that J. Banfill
is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that J. Banfill 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 or resource.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Internet has a global nature. In recognition of this, you agree to
comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
You acknowledge and agree that, by submitting any resource, link, applet,
information, content or other materials ("Content") to J. Banfill, you grant to
J. Banfill a nonexclusive, worldwide license to link to, reproduce, distribute,
adapt, perform, display and sublicense the submitted Content. Further, by
submitting Content to J. Banfill, you acknowledge that you have the authority to
grant such rights to J. Banfill. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY
COPYRIGHTS OF ANY CONTENT YOU SUBMIT.
This Agreement is entered into in the State of New Mexico and shall be
governed by and construed in accordance with the laws of the State of New
Mexico, exclusive of its choice of law rules. Each party to this Agreement
hereby submits to the exclusive jurisdiction of the state and federal courts
sitting in the County of Bernalillo in the City of Albuquerque in the State of
New Mexico, and waives any jurisdictional, venue or inconvenient forum
objections to such courts. In any action to enforce this Agreement, the
prevailing party will be entitled to costs and attorneys' fees. In the event
that any of the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties
hereto pertaining to the subject matter hereof, and any and all written or oral
agreements heretofore existing between the parties hereto are expressly