Copyright, Terms of Use and Privacy Policy

Acceptance of Terms of Use

By using this web site and its content, you agree that your use will be in accordance with these Terms of Use. You agree not to use the web site or the content in any unlawful manner. TNMP and PNM Resources reserve the right to change these Terms of Use from time to time without notice to you except for posting the revised language on this web site. Your continued use of this web site and the content shall constitute your acceptance of such changes. Any reference to "content" means any information, text, trademarks, service marks, logos, images, and other graphics and artwork, and any meta tags and other computer code. Please check back to this page frequently to see the current version of the Terms of Use in effect.

Permitted Use

You may view and use this web site and its content solely for your personal, noncommercial use. If you breach these Terms of Use, the permission granted to you to view and use this web site and its content immediately terminates.

Copyright

This web site is owned by TNMP and operated jointly by TNMP and PNM Resources. All content on this web site is the copyrighted property of TNMP, PNM Resources, and their respective subsidiaries, affiliates, and any third party content providers, and is protected by U.S. and international copyright law. You may not copy, modify or distribute the content in any form without written permission from TNMP, PNM Resources, or other copyright owner.

Trademarks

The trademarks, service marks, logos, images and other graphics and artwork used and displayed, or set out in meta tags or other computer code, on this web site ("Trademarks") are registered and unregistered trademarks of TNMP or PNM Resources, or their subsidiaries and affiliates or of other entities. Use or display of any of the Trademarks requires the express prior written permission of the owner of the Trademark.

Privacy Policy

TNMP's privacy policy covers the collection, use and disclosure of personal information that may be collected when you interact with TNMP or PNM Resources through this web site or by e-mail or other related means. Personal information includes information such as your name, address, e-mail address, phone number, account-specific numbers, place of employment or other personally identifiable information.

Except as required by law, neither TNMP nor PNM Resources will, without your prior consent, sell, rent, or disclose to any third party the personal information that you provide to either of them. TNMP or PNM Resources may, however, provide the information to third parties that provide services on behalf of the company that are necessary to complete customer-requested transactions. TNMP or PNM Resources also may use the information or share it with third parties under the following circumstances:

  • to ensure quality customer service
  • to better tailor this web site to customer interests and needs
  • to contact customers for marketing purposes
  • to generate reports
  • to send usage information, bills or copies of notices of discontinuance regarding your account to a third party you have authorized in writing to receive such information
  • for use by other companies that perform marketing or other services on the company's behalf, subject to a confidentiality agreement
  • for other, unanticipated uses not previously disclosed; in appropriate cases, users will be given an opt-out opportunity

TNMP and PNM Resources also may contact you from time to time to let you know about new products or services. If you do not want to be contacted for this purpose, you may let us know by contacting us. We will remove your name from our e-mail list. We reserve the right to contact you if necessary for administrative purposes.

In addition to the information you provide, non-personal information is collected automatically, such as date and time of visit, web browser and version, pages visited and number of visitors to our site. We use such information to evaluate this web site, perform statistical analyses of user trends and interests and tailor the web site to our visitors. We collect information through the use of "cookies," small text files that can be used to gather anonymous usage data and to keep a visitor logged into a password-based session (for instance, "remember me"). No information is obtained through cookies on this web site that can be used for other purposes.

TNMP and PNM Resources strive to protect any personal information you provide to us on this web site through electronic and procedural safeguards. Data is secured internally through customized employee-access security profiles. TNMP and PNM Resources also have policies and procedures in place that limit access to personal information to those with a business-need to know such information. While we believe these processes and procedures are adequate, we cannot guarantee their absolute performance.

TNMP and PNM Resources reserve the right to change this privacy policy at any time. Please review the contents of this privacy policy frequently, as we may amend it from time to time to reflect changes in our services and policies relating to personal information. Amendments will become effective when they are posted on our web site. We will not give you notice of any change in this policy; it is your responsibility to monitor and review any updates.

Google Analytics

This web site uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). The information generated about your use of the web site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the web site, compiling reports on web site activity for web site operators and providing other services relating to web site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this web site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Disclaimer of Warranties and Limitation of Liability

TNMP AND PNM RESOURCES PROVIDE THIS WEB SITE AND ITS CONTENT SOLELY FOR INFORMATIONAL PURPOSES. ALL CONTENT ON THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. TNMP AND PNM RESOURCES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOU MAY SUFFER. NEITHER TNMP NOR PNM RESOURCES MAKES REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE AND UNINTERRUPTED OPERATION OF THE WEB SITE, AND ACCURACY AND COMPLETENESS OF THE CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

TNMP, PNM RESOURCES, AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR PROGRAMS, OR COSTS TO PROCURE SUBSTITUTE PRODUCTS OR SERVICES, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE, THE CONTENT, OR ANY FUNCTIONS AVAILABLE ON OR THROUGH THE WEB SITE, EVEN IF TNMP OR PNM RESOURCES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TNMP, PNM RESOURCES, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OR ANY THIRD PARTY CONTENT PROVIDERS, EITHER JOINTLY OR SEVERALLY, EXCEED US$50.00.

IF YOU BECOME DISSATISFIED WITH THE WEB SITE, YOUR SOLE REMEDY IS TO STOP USING THE WEB SITE.

SINCE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSIONS OR LIMITATIONS, THOSE PORTIONS OF THE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Jurisdiction

TNMP is a wholly-owned subsidiary of PNM Resources, which controls and operates the web site from its headquarters in Albuquerque, New Mexico, USA. These Terms of Use will be governed by the substantive law of New Mexico, as applied to contracts entered into between New Mexico residents and performed in New Mexico, regardless of where you reside or where you transact business with TNMP or PNM Resources. You agree that the courts located in Albuquerque, New Mexico will have exclusive jurisdiction over any disputes arising out of or in connection with the web site. You agree that you will submit to the jurisdiction of such courts.

Links to Other Web Sites

This web site contains hyperlinks to web sites owned or operated by other parties unrelated to TNMP or PNM Resources. You acknowledge that neither TNMP nor PNM Resources controls those web sites and acknowledge and agree that neither TNMP nor PNM Resources is responsible or liable for any content of those and any other web sites, including errors, viruses and accessibility. Note that once you link to another web site, you are subject to that web site’s privacy policy.

Links to This Web Site

You are granted a limited right to link to this web site from your web site, but only for informational purposes, and only on the condition that you provide us with notice of the link prior to its establishment, that the link is to a whole page in this web site, not just to a selected element or elements found on that page (e.g., a photograph, some graphics, etc.), and that you do not publish or permit to be published on your web site any statements that are derogatory, defamatory, or otherwise harmful to or intended to harm the reputation of TNMP, PNM Resources, their respective subsidiaries or affiliates.

Copyright © 2010, TNMP