NMGCO GAS MEASUREMENT WEB SITE
USER AGREEMENT
By clicking on the "I Agree" button below you acknowledge that you have reviewed this Agreement and agree to its terms and conditions when using the Corporation Gas Measurement web site (Vista ) and the services provided by its use.
1. Use of New Mexico Gas Company Gas Measurement Web Site:
This Agreement is between New Mexico Gas Company (NMGCO) and you as the End-Use Customer. For the purposes of this Agreement, the "End-Use Customer" is the entity receiving Gas Sales Service from NMGCO through a metering point located at the entity's premises or the entity receiving gas commodity and transportation service from a third-party shipper, delivered through NMGCO's transmission and/or distribution systems. The NMGCO Gas Measurement Web Site, hereafter known as Vista is accessed at Vista.NMGCO.com and provides information and data aggregated and compiled by NMGCO.
In offering Vista, NMGCO is making available to you the opportunity to view information and data that pertains to gas related services provided to you by NMGCO. You are able to customize, for your use, information and data that is provided by this web site. Permission to obtain and utilize data from Vista is granted, subject to the confidentiality limitations outlined below, provided that (1) the use of data and information obtained from Vista is for informational use only and will not be posted on any network computer or broadcast in any media, and (2) no modification of any information or data is made.
You agree to use the data and services provided, now and in the future, only in accordance with this Agreement as it may be amended by NMGCO, without notice, from time to time. Nothing in this Agreement should be construed as a solicitation by NMGCO to purchase this or any other service from NMGCO.
The permission to obtain and use information and data from Vista does not include the design or layout of the Vista web site, or any other NMGCO owned, operated, licensed or controlled sites. NMGCO web sites are protected by copyright, trademark, and other laws and may not be copied, reproduced, or otherwise imitated, in whole or in part, except as permitted by this Agreement. No logo, graphic, sound or image from any NMGCO website may be copied or retransmitted unless expressly permitted by NMGCO.
2. Measurement Data:
The measurement, volume, and quality data provided in Vista is accumulated and compiled daily. This data may, from time to time, be incomplete and should be viewed as preliminary un-edited data. The data provided is not of "Custody Transfer" quality until such time as the accounting month is closed. YOU AGREE THAT NMGCO SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT SEQUENCING OF THE INFORMATION PROVIDED, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED.
You understand and agree that the use of data obtained through Vista is at your sole risk, that any data downloaded or otherwise obtained through Vista is at your own discretion and risk. NMGCO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DATA, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Limitations of Liability:
IN NO EVENT WILL NMGCO BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR DIRECT DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF VISTA SERVICES OR INFORMATION, EVEN IF NMGCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
4. Proprietary Information:
The information provided through Vista is the property of NMGCO. Some of the information provided is your confidential End-Use Customer gas usage data, and as such, the confidentiality is protected by New Mexico Public Regulation Commission Rules and other laws. Any End-Use Customer who has a NMGCO Customer Account will have access to, and may register with Vista to obtain data pertaining to her or his own usage. You, as an End-Use Customer, may use this data for any lawful purpose.
Any End-Use Customer, by written consent, may designate a third party to register with Vista on the End-Use Customer's behalf, to obtain information and data pertaining to the End Use Customer's gas transactions. This written consent must be forwarded to NMGCO before registering with Vista . As a third party, you agree not to reproduce, retransmit, disseminate, distribute, sell, publish, broadcast, circulate or exploit the information in any manner without the express written consent of the End-Use Customer.
As a third party, you also agree not to use the information provided by Vista for any unlawful purpose. You agree to comply with reasonable requests by NMGCO and the End-Use Customer to protect their rights in the confidential information.
5. Messages using Vista Services or Information:
Users alone are responsible for the content of messages they communicate when using data obtained from Vista. You agree that you will not use data from Vista for chain letters, junk mail, "spamming", or commercial solicitations. You further agree not to use Vista data to send any message or material that is misleading, inaccurate, incomplete or unlawful.
6. Notice Specific to Software Available on Vista:
Any software that is made available to download from this server is the copyrighted work of NMGCO or other suppliers. Use of such software is governed by the terms of the End-Use Customer license agreement, if any, which accompanies or is included with the software . An End-Use Customer must comply with the terms of any such license agreement.
The software is made available for downloading solely for use by the End- Use Customers according to the license agreement. Any reproduction or redistribution of the software not in accordance with the license agreement is expressly prohibited by law.
7. Privacy:
The personalization features of the Vista website are provided by NMGCO. The registration information you provide to activate and personalize your Vista services is maintained by NMGCO, and will be used only to activate your Vista access. Your registration information will not be available to anyone outside the NMGCO organization.
8. Personal Page Information:
You are responsible for maintaining the confidentiality of your Vista registration information and passwords. You are responsible for all uses of Vista under your registration information and passwords.
NMGCO reserves the right to terminate, without notice, your access to Vista if NMGCO learns that (1) you have provided misleading or false registration information, (2) you have inappropriately obtained confidential information, (3) you have interfered with other users access and use of Vista, (4) you have interfered with the administration of Vista , or (5) you have in any other way violated this Agreement.
9. Indemnification:
You agree to defend, indemnify, and hold harmless NMGCO from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your violation of this Agreement, New Mexico Public Regulation Commission Rules, state or federal laws, or any End-Use Customer's or third party's rights, including, but not limited to, infringement of any copyright, trademark, trade dress, or other intellectual property rights, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of this Agreement.
10. Termination of Vista:
Corporation may, at any time, modify or discontinue Vista , with or without notice, without liability to you, any other user or third party.
11. General:
You acknowledge that, in providing you with access to Vista , Corporation has relied upon your agreement to be bound by the terms and conditions of this Agreement.