Please read this Agreement carefully. These Terms of Service (“TOS” or “Agreement”) constitute a binding legal agreement between you (“Licensee” or “you”) and El Paso News, Inc., (“elpasovotes.com” or “we”) and establishes the terms and conditions by which you are permitted to access and use the website (the “Website”) and some of the El Paso Votes Property (as defined below) available on the Website. By using the Website, you confirm that you have read, understand, and agree to be bound by the TOS, and that you consent to the Privacy Policy, which is incorporated by reference. Use of the Website and, if applicable, registration on the Website constitute your electronic signature. If you are entering into this Agreement on behalf of your employer or client (and you have the legal authority to sign contracts on their behalf), then “Licensee” or “you” refers to that entity. If not, then this Agreement binds you personally. The TOS does not create third party beneficiary rights for any parties. If you do not agree to our TOS, do not use our Website.

We reserve the right to modify and update the TOS from time to time. We will post notice of any such modifications on this Website. The Website will be governed by the then-current version of the TOS at the time of your use. If you use the Website after any such modification or update to the TOS, you consent to those modifications or updates. Modifications will not be applied retroactively.

We may also, from time to time, add additional products, features, or services or modify, suspend, or discontinue certain existing products, features, or services available on the Website. New or modified products, features, or services will be governed by this Agreement, as well as any applicable agreement published in connection with those products, features, or services (such as a EULA, or a new terms of service document). We will not be liable to you or any third party for suspending or discontinuing any product, feature, or service.

You acknowledge and agree that you bear the entire risk of use of this Website and all products and services contained herein.

Eligibility. To use the Website, you must be (i) eighteen (18) years of age or older, and (ii) be able to form binding contracts under the laws applicable to you. By using the Website, you are representing and warranting that both (i) and (ii) above are correct. If you are between the ages of 13 and 18 (or the applicable age of majority in your jurisdiction), you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to this TOS. If you are under the age of 13, you may not use the Website. The Website is based in the United States and intended for U.S. users. Users from outside of the U.S. use the Website at their own risk, and users are responsible for compliance with any local laws applicable to their use of the Website.

Registration. You may use the Website without registering. However, certain services require the creation of a user account. If you choose to register, you must provide an email address or telephone number and create a password. You are responsible for all actions taken using your account; accordingly, you must keep your account information and password private and not share them with third parties. You are responsible for notifying us if your account has been used without your authorization. To do so, please contact us at news[@]elpasonews.org.

Consent to Receive SMS Messages. You consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, with service-related information, questions about your use of the Services, and/or election polling and marketing information. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. El Paso News, Inc., our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, emails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.

Personal Information; Consent to Privacy Policy. In order to subscribe to the service, you must provide certain information to us, including your email address, telephone number, credit card number (if applicable), billing address, and other contact information, as applicable. You hereby authorize us to use all information submitted by you, in accordance with our Privacy Policy.

Limited License. Subject to the terms of this Agreement, we hereby grant you a limited, revocable, non-transferable, non-exclusive right and license, without the right of sublicense, to access and use the Website and to reproduce, distribute, and display only those items that are made available to you through the Website, for the sole and express purpose of using the Website pursuant to the Terms of this Agreement.

Site Usage and User Responsibility. You agree to use the Website for lawful purposes only. You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit the Website, any El Paso News, Inc. Property (defined below), or any portion thereof for any commercial purpose without the express written consent of El Paso News, Inc. You may not use the Website in any way that may, in our discretion, damage or disable our systems or equipment, or interfere with other users’ ability to access and use the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website or any systems or networks connected to the Website or any of our servers or systems by hacking, password “mining” or any other means, or use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website.

Additionally, you hereby acknowledge and agree that you will not:
Take any action that interferes with or disrupts (or attempts to interfere with or disrupt) the Service, or any of our Systems;
Modify any website so as to falsely imply that it is associated with this Service;
Transmit or disseminate (or attempt to transmit or disseminate) any malicious code, files, or programs, including software code or computer worms, that may interrupt, destroy or limit the functionality of the Service, our Systems, or any other computer software, hardware or telecommunications equipment;
Alter, remove, or obscure our proprietary notices, including copyright, trademark, or other legal notices in any of our Properties;
Extract, decompile, modify, reformat, translate, reverse-engineer, assemble, re-digitize, or discover the source code of, or remove or disable any security feature of, any of our Properties; and
Embed or incorporate any of our Properties into any document, medium, application, software, product, or service, without a license expressly granting the right to do so.
Scrape or collect the information from this Website.

Any unauthorized use immediately terminates the permissions or licenses granted by us.

Intellectual Property. All content included on this Website, including all text, images, fonts, graphics, logos, button icons, digital downloads, data compilations, page designs, navigation systems, and software, as well as the overall structure and “look and feel” of the Website, the typefaces, the Trademarks, and all the designs, software, trademarks, copyrights, or other intellectual property, and all other related items of El Paso News, Inc. intellectual property made available to you (collectively, the “Property”), are the property of El Paso News, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of El Paso News, Inc. and protected by U.S. and international copyright laws. The content may not, except under written license, be copied, reproduced, transmitted, displayed, performed, sold, offered for sale, transferred, assigned, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except to the extent such use is authorized under the United States copyright laws. All software used on this Website is the property of Cognent, LLC. or its software suppliers and is protected by United States and international copyright laws.

You acknowledge and agree that El Paso News, Inc. is and will be the exclusive owner of all worldwide right, title, and interest in and to the Properties and the Service, including, without limitation, all copyright, patent, trademark, trade secret, and other intellectual property rights, in and to the Properties and the Service. Any and all modifications, customizations, variations or adaptations to the Properties or Service, regardless of origin, shall automatically be deemed to be included in the definition of “Properties” and/or “Service” as applicable hereunder and shall become part of, and subject to, this Agreement.

You agree not to challenge El Paso News’ rights in or to the Properties, the Service, or the validity of any intellectual property or other right of El Paso News, Inc. therein, or to infringe El Paso News’ rights therein.

Trademarks. Amitor is a trademark of Cognent, LLC. All other trademarks are the property of their respective holders. All goodwill that may become attached to our trademarks as a result of your use of the Website shall inure to the exclusive benefit of Cognent, LLC. You shall refrain from using Cognent’s trademarks as part of any corporate, trade, or firm name or style of yours. You shall not create a combination mark consisting of any of our trademarks with the proprietary marks of any other person or entity. You shall not take any action that could reasonably be expected to impair the registrability, validity, or enforceability of any of our trademarks, nor shall you attempt to register, use, or aid any third party in attempting to register or use, in any jurisdiction, any trademark or service mark which may, in the reasonable opinion of Cognent, LLC., infringe or otherwise violate Cognent’s rights to its own trademarks.

Product Descriptions and Prices. We attempt to be as accurate as possible. However, we do not warrant that product/service descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Prices are subject to change without notice.

Third Party Links. The Website may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The presence of any such links does not mean that we endorse these sites. You acknowledge and agree that we are not responsible or liable for the content or accuracy of any other site.

Disclaimer of Warranties; Limitation of Liability. This Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website are provided by us on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, unless otherwise specified in writing. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, El Paso News, Inc. disclaims all warranties, express or implied, including but not limited to, any warranties of non-infringement, merchantability and fitness for a particular purpose. El Paso News, Inc. does not warrant that this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, our servers, or any email sent from through us are free of viruses or other harmful components.

El Paso News, Inc. will not be liable for any damages of any kind arising from the use of this Website or from any information, content, materials, products (including software), and services included on or otherwise made available to you through this Website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, including any lost profits or lost savings, loss of goodwill, business interruption, work stoppage, loss of data, computer failure, damage or malfunction, or for any claim by any party, even if we have been apprised of the possibility of such damages, and regardless of the theory upon which such claim is based (including contract tort, strict liability, negligence or otherwise), unless otherwise specified in writing. Your sole and exclusive remedy for any dispute with El Paso News, Inc. is the cancellation of your account. El Paso News’ total cumulative liability for all claims related to your use of this Website and all information, content, materials, products (including software), and services included on or otherwise made available to you through this Website will not exceed $100.00 United States Dollars. 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. If you are a California resident, you hereby waive your rights with respect to California Civil Code Section 1452, which says “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The disclaimers of warranty and liability set forth in this Section constitute an essential part of this Agreement.

Indemnification. You, at your sole expense, shall indemnify El Paso News, Inc., its agents, employees, officers, directors, shareholders, advisors, successors, and assigns and any of their affiliates, and hold them harmless against all losses, damages, claims, expenses (including, but not limited to, third party claims and attorneys fees and court costs) (any of the foregoing, a “Loss”) arising out of or resulting from: (i) any use of the Website by you or via your account, (ii) any breach of this Agreement by you or via your account or (iii) violation of any rights of a third party, by either you or someone else using your account. Your indemnification obligation does not apply to Losses resulting entirely from Cognent’s gross negligence or willful misconduct.

Termination. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We reserve the right to suspend your account for any reason at any time.

Survival. Terms that by their nature survive termination shall survive the termination of this Agreement.

Assignment. We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company. You may not assign, transfer, or sublicense this Agreement to anyone else. Any attempt by you to assign this Agreement will be void ab initio.

Force Majeure. El Paso News, Inc. shall not be liable for damages resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control including, but not limited to: internet failures, network failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, acts of God, terrorist action, acts of civil or military authority, government actions, fires, epidemics, riots, wars, sabotage, insurrections, labor shortages, or disputes.

Governing Law; Jurisdiction and Venue. This Agreement and all rights and obligations under this Agreement shall in all respects be governed by, and construed and enforced in accordance with, the laws of the State of Delaware (the “State”), but without regard to its conflicts of laws or choice of forum rules. Licensee hereby irrevocably submits to personal jurisdiction in the State and to the non-exclusive jurisdiction of any state or federal court sitting in Delaware over any legal suit, action, or proceeding arising out of or relating to this Agreement or the relationships created by or under this Agreement (“Action”). Jurisdiction and venue of any Action shall, at the election of El Paso, News, Inc., be in (and if any Action is originally brought in another venue, the Action shall at the election of El Paso, News, Inc. be transferred to) a state or federal court of appropriate jurisdiction located in the State. Licensee hereby waives and agrees not to assert, as a defense to any Action or a motion to transfer venue of any Action, any claim (a) that it is not subject to such jurisdiction; (b) that any Action may not be brought against it or is not maintainable in those courts; (c) that this Agreement may not be enforced in or by those courts; (d) that it is exempt or immune from execution; (e) that the Action is brought in an inconvenient forum; or (f) that the venue for the Action is in any way improper.

No Waiver. No failure by either party to object to any breach of any provision of this Agreement shall constitute a waiver of such provision, a waiver of any other breach, or a waiver of any other provision of this Agreement.

Severability. The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. To the fullest extent permitted by law, if any provision of this Agreement, or the application thereof to any Person or circumstance, is invalid or unenforceable (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected by such invalidity or unenforceability.

Entire Agreement. This Agreement, including the Privacy Policy and any other applicable agreements incorporated by reference, constitutes the entire understanding between the parties concerning the Website and all products and services offered therein, and supersedes all previous agreements, promises, representations, and negotiations between the parties concerning the same. No pre-printed terms of any subsequent purchase order, invoice, or order summary will add to, modify or supersede the terms of this Agreement.

Last update: October 22, 2023