Terms and Conditions
Acceptance of Terms
Welcome to the Albuquerque Dukes Brand Website (the “Website”). On this Website, Albuquerque Dukes LLC (“Albuquerque Dukes”) makes available to you a wide range of information, downloads, communications, items for purchase, graphics, publications, content, and services.
Access to the Website
We use the means that we believe are reasonable to provide access to this Website 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond the control of Albuquerque Dukes, and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Website service and equipment. Albuquerque Dukes will not be liable for any failure or deficiency in the performance of this Website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to Albuquerque Dukes, fire, terrorism, natural disaster or war.
Use of Materials Limitations
All materials contained in the Website are the copyrighted property of Albuquerque Dukes, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Albuquerque Dukes, or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise specified, the materials and services on this Website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from Albuquerque Dukes.
Linking and Framing
You may not deep link to portions of the Website; or frame, inline link, or similarly display any Albuquerque Dukes property, including, without limitation, the Website. You may not use any Albuquerque Dukes logo or its other trademarks as part of a link without the express prior written permission of Albuquerque Dukes.
In order to respect the integrity of this Website contents and avoid creating confusion among Internet users regarding the origin of the aforementioned contents, simple links to the Home Page of this Website are permitted, but the following are prohibited:
– Extended links which allow Internet users access to pages within this Website without first passing through the Home Page of the Website or through subsections of the Website;
– Inline links which allow the user to automatically see this Website contents at a specific location;
– Framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user.
The following are permitted:
– Simple links to the Home Page of this Website;
– Simple links to the home page of the various subsections of this Website;
In any event, links from Websites containing immoral, violent, pornographic or pedophilic material, Websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Under no circumstances shall a hyperlink to this Website from the website of a third party imply any sponsorship, association, affiliation or co-operation between Albuquerque Dukes and such third-party website. Albuquerque Dukes has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website.
Use of Documents and Publications on the Website
Except as expressly prohibited on this Website, you are permitted to view, copy, print and distribute publications and documents within this Website (such as press releases), subject to your agreement that:
a. your use of the information is for informational, personal, and non-commercial purposes only,
b. you will not modify the documents, publications or graphics,
c. you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context,
d. you will display the below copyright notice and other proprietary notices on every copy you make, and
e. you agree that Albuquerque Dukes may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Albuquerque Dukes. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by Albuquerque Dukes.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALBUQUERQUE DUKES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND PUBLICATIONS AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALBUQUERQUE DUKES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL ALBUQUERQUE DUKES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALBUQUERQUE DUKES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Disclaimers and Other Notices on the User of the Website
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND ALBUQUERQUE DUKES HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALBUQUERQUE DUKES DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL ALBUQUERQUE DUKES AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALBUQUERQUE DUKES ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
ALBUQUERQUE DUKES MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO ALBUQUERQUE DUKES PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT ALBUQUERQUE DUKES INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY. CONSULT YOUR LOCAL ALBUQUERQUE DUKES BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES WHICH MAY BE AVAILABLE TO YOU.
THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF ALBUQUERQUE DUKES AND ALBUQUERQUE DUKES IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ALBUQUERQUE DUKES IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ALBUQUERQUE DUKES IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT ALBUQUERQUE DUKES ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.
Accounts and Security
If any of the services on the Website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Albuquerque Dukes immediately of any unauthorized use of your account or any other breach of security. Albuquerque Dukes will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Albuquerque Dukes or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this Website and registering for such services, you consent to Albuquerque Dukes’s display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or Albuquerque Dukes has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Albuquerque Dukes may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to use the services.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or any services related thereto in any manner that could damage, disable, overburden, or impair any Albuquerque Dukes server, or the network(s) connected to any Albuquerque Dukes server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Albuquerque Dukes server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
Representations and Warranties
Spam E-mail and Postings
Albuquerque Dukes may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily, or permanently, at any time without prior notice.
Jurisdiction and Applicable Law
Waiver of Class Action Rights; Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
Correspondence With Albuquerque Dukes
To correspond with Albuquerque Dukes by e-mail, Internet users must fill in the electronic correspondence forms proposed on this Website. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies. Correspondence from Albuquerque Dukes to you shall be sent to you at the address provided by you.
When you send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available, including telephone or facsimile. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing
Advertisements and Promotions
Albuquerque Dukes may run advertisements and promotions from third parties on the Website. The manner, mode and extent of advertising by Albuquerque Dukes is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Albuquerque Dukes found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Albuquerque Dukes is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Albuquerque Dukes advertisers on the Website.
Albuquerque Dukes controls and operates this Website from its headquarters in the United States and makes no representation that this Website is appropriate or available for use in other locations. If you use this Website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.