The Legal Stuff

Before accessing or using this website, please read this agreement "Agreement" that defines the Terms of Use.

When you access our website, you are agreeing to be bound by this Agreement, including the liability disclaimers outlined below. If you do not agree to the terms stated herein, do not use this website and do not download any information from it. Materials on our website may be accessed, downloaded and printed only for your personal and non-commercial use. In using this website, you are agreeing that you will not use any materials or information for any unlawful purpose or reason prohibited by this Agreement. This would include, but is not limited to, the use of this website from locations outside of the United States or if you are not an adult over the age of 18.

The content of this website, www.darrellkeithelder.com, are the property of Darrell Keith Elder and are copyrighted. All rights are reserved and no replication, distribution, or transmission of our materials on this website are permitted without the express written permission of Darrell Keith Elder. All trademarks, logos and service marks used herein are

the property of Darrell Keith Elder.

Consent

By using this website, you hereby understand and agree that you automatically and without any further action have established a business relationship between you and Darrell Keith Elder. As a result you agree to allow Darrell Keith Elder to contact you about its business via telephone, e-mail and /or standard mail using the contact information you have

provided to us. You further understand that you are consenting to that contact even if you have placed your phone number on a Do Not Call list.

Disclaimer of Liability

Darrell Keith Elder endeavors to make sure that all information on this website is accurate; however inaccuracies or errors may occur. You acknowledge that your use of this website is at your own risk.

Darrell Keith Elder reserves the right to modify the content of this website at any time and without advance notice. Your continued use of this site constitutes your acceptance of the modified terms. You further acknowledge that your use of this website and the information herein is “as is” and that Darrell Keith Elder disclaims all warranties of any kind,

whether expressed or implied, as to any item relating to this website and information herein, including the implied warranties of merchantability, fitness of a particular purpose, title and non-infringement. Darrell Keith Elder is not liable for any direct, indirect, punitive, incidental or consequential damages caused by using this website or the content it

contains, whether resulting in who or in part, from breach of contract, tortuous conduct, negligence, strict liability or any other cause of action.

Completeness of Agreement

This Agreement encompasses the complete and entire agreement between the parties and may not be amended, modified, altered or changed in any respect whatsoever except by a writing duly executed by the parties hereto. This Agreement supersedes any and all prior and contemporaneous oral or written agreements or understandings

between you and Darrell Keith Elder. No representation, promise, inducement or statement of intention has been made by you and Darrell Keith Elder that is not embodied in this Agreement. You and Darrell Keith Elder shall not be bound by, or liable for, any alleged representation, promise, inducement, or statement of intention not contained in this Agreement. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that each provision to this Agreement shall be

construed independent of any other provision of this Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof. In the event any provision of this Agreement is deemed unenforceable, including, but not limited to, the liability disclaimers above, the unenforceable provision shall be replaced with an enforceable provision that most closely reflects the intent of the original provision.

Indemnification and Legal Relief

You agree to indemnify and hold Darrell Keith Elder harmless from and against any and all loss, cost, damage, or expense including, but not limited to, reasonable attorneys' fees incurred by Darrell Keith Elder that may rise from any action at law or other proceeding necessary to enforce any of the terms, covenants or conditions of the Agreement or due to your breach of this Agreement.

Governing Law and Venue

This Agreement shall be governed by the laws of the State of New Mexico, County of Sandoval. You hereby agree to jurisdiction in the courts of the State of New Mexico, for any action in which a claim is brought with

respect to this Agreement and you agree that it may be served with process in any such action by hand delivery, courier, overnight delivery service, or certified or registered mail, return receipt requested. You irrevocably and unconditionally waive and agree not to plead, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue or the convenience of the forum of any action or claim with respect to this Agreement.

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Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used. Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site.

Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate non-personally identifying information may be shared with third parties.

Distribution of Information

While we do not share information with other companies or organizations, we may share information with governmental agencies or other companies assisting us if fraud prevention or investigation is needed. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3)

investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.

Commitment to Data Security

Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.

Privacy Contact Information

If you have any questions, concerns, or comments about our privacy policy you may contact us using the information below:

By e-mail: on the "CONTACT ME" tab.

We reserve the right to make changes to this policy. Any changes to this policy will be posted.