Terms of Service

Welcome to foliodirect^SM. foliodirect is owned and managed by Science & Technology Corporation @ UNM (“STC”). Your use of the foliodirect Web site (the "Web Site") signifies that you have accepted the following terms and conditions and all related policies and guidelines (“Agreement”). Please read the Agreement carefully. If you do not agree with any TERM, CONDITION OR POLICY OR GUIDELINE, you may not use the Web Site.

Content  

The information, materials, and properties available through the Web Site (“Content”) are developed by organizations and institutions and their employees or associates (each termed a “Vendor”). STC has no control over the Content and, as a result, cannot guarantee its accuracy or appropriateness.

Limited Use Only

foliodirect is made available for a limited purposed only: so that you may determine whether you wish to enter into a more specific business relationship with any one or more of the Vendors (“Purpose”). You may not frame or use meta tags without the prior express written permission from STC. STC grants to you a limited, revocable, and non-exclusive right to create a hyperlink to foliodirect provided in the opinion of STC you do not misrepresent your relationship to foliodirect, STC, or any Vendor. You may not use any trademark of foliodirect, STC, or any Vendor without the prior express permission of STC. Except with the prior written permission of the relevant Vendor or Vendors, the Content provided by any one or more Vendors may not be downloaded, reformatted, and displayed such that it appears that you or another or others are offering or are the source of the Content. If you wish to use the Content of a Vendor in any way other than to accomplish the Purpose, you must first contact and enter into an additional agreement with the Vendor. You are responsible for maintaining the foliodirect account that you may be given by STC in order to accomplish the Purpose. 

Privacy

The Privacy Policy controls your visit to foliodirect. 

Modified or New Terms and Conditions

STC, in its sole discretion, may change, modify, add or remove any portion of the Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Web Site. STC may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database, or Content. STC may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. STC reserves the right to terminate the privilege that STC has extended to you to access or use the Web Site.

Intellectual Property

The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws and international conventions and treaties. The WebSite uses software that is the property of STC or its suppliers and is protected by U.S. law and international copyright treaties. foliodirect is a service mark of STC. The mark foliodirect^SM and any portion or all of this Web Site may not be used so as to create a likelihood of confusion in the marketplace or to disparage or discredit the STC or the University of New Mexico. In addition, the Content that each Vendor makes available through foliodirect may be protected by copyright, trademark, or other laws. You agree to abide by any and all additional copyright notices, information, or restrictions associated with any Vendor and its Content. Except as otherwise permitted by any one or more Vendors, you may download and make one (1) copy of the Content and other downloadable items displayed on the Web Site to accomplish the Purposes only, provided that you maintain all copyright and other notices contained in the Content. Copying or storing of any Content for other than the Purpose is expressly prohibited without the prior written permission from STC or the Vendor or other copyright holder identified in the individual Content’s copyright notice.

Warranties

You represent, warrant and covenant that: you shall not upload, post or transmit to or distribute or otherwise publish through the Web Site and the Content any materials which (i) restrict or inhibit any other user from using and enjoying the Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

You represent that you are 18 years of age or older, and able to consent to this Terms of Service Agreement. If you are under 18 years of age, your parent or legal guardian read and consented to these terms of service.

Grant and Waiver

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Web Site, you grant to STC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against STC for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You acknowledge that transmission to and from the Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to foliodirect, no confidential, fiduciary, or other relationship is created between you and STC other than pursuant to this Agreement.

Indemnification

You agree to indemnify, defend and hold STC and/or the University of New Mexico, and all their trustees, officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. STC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of STC.

Disclaimer of Warranties

The Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, Vendors, and sponsors of the Web Site. Links to and from the Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by STC or any of its subsidiaries or affiliates of any third party resources, or their contents. STC does not and cannot review the Content posted to the Web Site by Vendor’s, and STC is not responsible for any information, materials, rights, or properties posted or transferred by any Vendor. Furthermore, STC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. If you believe that you have located an error in any Content, your sole recourse against STC is to inform STC of the error and STC will review your request and, in the case the error is in the Content provided by a Vendor, to provide your information concerning the error to the Vendor. STC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site which STC solely originated. STC reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in STC’s sole discretion, are objectionable or in violation of this Agreement. 

THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW. `FOLIODIRECT AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE.

FOLIODIRECT, AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOLIODIRECT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOLIODIRECT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

YOU AGREE THAT, SHOULD YOU DOWNLOAD ANY CONTENT OR OTHERWISE OBTAIN ANY RIGHTS OR PROPERTY, OR MATERIALS THOUGH THE USE OF THE WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY REPSONSIBLE FOR ANY DAMAGES THAT RESULT THEREFROM, INCLUDING ANY DAMAGES TO YOUR COMPUTER OR FROM THE LOSS OF DATA.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BECAUSE OTHER RIGHTS VARY FROM STATE TO STATE, YOU MAY HAVE OTHER RIGHTS NOT ADDRESSED ABOVE.

Without limiting the foregoing, STC shall under no circumstances be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including any fire, earthquake, flood, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, act of God, or any municipal, county, state, national or international ordinance or law or any executive, administrative, judicial or similar order (which order is not the result of any act or omission to act which would constitute a default under this Agreement), or any failure or delay of any transportation, power, or other essential thing required, or similar causes beyond the STC’s control. 

Relief

You acknowledge that monetary relief would not be an adequate remedy for a breach by you of the provisions of this Agreement and that STC shall be entitled to the enforcement of this Agreement by injunction, specific performance or other equitable relief, without prejudice to any other rights and remedies that STC may have.

Miscellaneous

The Agreement constitutes the entire understanding and agreement between you and STC and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the relationship between you and STC. The provisions of this Agreement shall be severable, and if any provision of it shall be held or declared to be illegal, invalid, or unenforceable in any jurisdiction, such illegality, invalidity or unenforceability shall not affect any other provision hereof or the interpretation and effect of the Agreement as to any other jurisdiction, and the remainder of the Agreement, disregarding such illegal, invalid or unenforceable provision, shall continue in full force and effect as though such illegal, invalid, or unenforceable provision had not been contained herein.

Termination or expiration of this Agreement shall not impair any rights of STC or your obligations, including but not indemnification.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW MEXICO, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW MEXICO.

This Agreement, in conjunction with the Privacy Policy, constitutes the entire agreement between STC and you with respect to your use of the Web Site. Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises.