TERMS OF USE

Welcome to the FILM & ENTERTAINMENT ASSOCIATION of NEW MEXICO, Inc. website. (also referred to as FEA-NM, or FEA-NM.com). By using and/or viewing this site and agreeing to these Terms of Use, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement. You must read and agree to these terms and conditions before registering as a member, or viewing the site as a search visitor. By choosing to remain on the FEA-NM site and view its content, you are agreeing to these Terms of Use. Please read them carefully. This Agreement is subject to change at any time, and changes are effective immediately upon publication. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. By using FEA-NM, you agree that your use of the service is provided in consideration of your agreement to abide by these following terms and conditions. You also acknowledge that violation of any of the terms of service may expose you to legal action and termination of any contractual agreement that you may have with FEA-NM including membership, advertising, or services bought, sold or received. Violating any of our terms or conditions willfully or otherwise constitutes a breach of the agreement, and all legal remedies will be pursued and enforced, including US and International business, copyright, or trade law or to receive compensation for punitive or physical damages to the content, reputation, property, website, and members of FEA-NM. You agree that FEA-NM may, at any time: (1) revise the terms and conditions of this Agreement; (2) revise its billing rates, and; (3) revise the services provided under this Agreement at any time. If any revision to this Agreement is unacceptable to you, you may terminate your membership with FEA-NM by providing FEA-NM with written notice by email or fax. Notice of your termination will be effective on receipt and processing by FEA-NM.

RIGHTS OF ADMINISTRATION

You understand that membership in FEA-NM is by approval of the Board of Directors. You agree that FEA-NM retains the right, but not the obligation, to restrict or terminate your service at any time, if FEA-NM in its sole discretion, determines that you are in violation of this Agreement or Terms of Use Policy. You agree that, if FEA-NM determines that you are in violation of this Agreement, any restriction or termination of your Service will be effective immediately, without prior notice. You agree that FEA-NM will have no liability to you for any restriction or termination of your Service pursuant to such violation. You agree that if FEA-NM terminates your account or log-in privileges as a result of your violation of this Agreement or Terms of Use, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to by you and FEA-NM as liquidated damages and not as a penalty. You further agree that FEA-NM is under no obligation to forward any email or return any documentation for an account canceled due to a violation. FEA-NM reserves the right to refuse the application or reapplication for membership, search log-in, or advertising of anyone whose account has been canceled for a violation, or anyone whom FEA-NM suspects is acting on behalf of someone whose account has been canceled for a violation. FEA-NM reserves the right to cancel or suspend all other accounts belonging to you if one of your accounts was involved in a violation. FEA-NM reserves the right to disconnect and/or temporarily suspend an account from service without warning if in FEA-NM’s sole discretion there is a reasonable suspicion that such disconnection or suspension would prevent or interrupt a violation. You are responsible for maintaining the security of your account, including your log-in and passwords, billing information, personal information, user access, and any information you disseminate through FEA-NM services. FEA-NM maintains strict privacy policies regarding our use of your personal or business information, and never disseminates, shares, or sells your information to anyone for any purpose at any time. If you feel that there has been a security breach of your profile, or if you have suspicion that your account log-in information has been compromised, you must notify us immediately by email or fax. Please see our Privacy Policy for details about how we maintain the security and secrecy of your information.

LIMITATIONS ON USE OF FEA-NM CONTENT AND SITE

FEA-NM authorizes you to view and access a single copy of the content available on or from FEA-NM solely for your personal use. The contents of FEA-NM, such as text, graphics, images, resumes, logos, button icons, software and other FEA-NM content (collectively, "FEA-NM Content"), are protected under both United States and foreign copyright, trademark and other laws. All FEA-NM Content is the property of FEA-NM or its content suppliers, advertisers, clients and members. The compilation (meaning the collection, arrangement and assembly) of all content on the FEA-NM Sites is the exclusive property of FEA-NM, and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the FEA-NM content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original FEA-NM content on any authorized copy you make of the FEA-NM Content. You agree not to sell or modify our content or reproduce, display, email, publicly perform, distribute, or otherwise use the FEA-NM content in any way for any public or commercial purpose, in connection with products or services that are not those of FEA-NM, in any other manner that is likely to cause confusion among consumers, that disparages or discredits FEA-NM or its members or advertisers, that dilutes the strength of FEA-NM property, or that otherwise infringes our intellectual property rights. You further agree to in no other way misuse FEA-NM Content that appears on this Site. The use of FEA-NM content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code created by FEA-NM to generate, display and/or operate its website is wholly owned by FEA-NM and unauthorized use is protected by copyright. Infractions of the above agreements will be prosecuted to the fullest extent of federal and international law. Users may not use the FEA-NM site in order to transmit, post, distribute, store, or destroy material, including without limitation, FEA-NM Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are also prohibited from violating or attempting to violate the security of any FEA-NM Site or FEA-NM Member account or Profile, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any FEA-NM member or site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. FEA-NM will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. FEA-NM grants members a temporary personalized URL as a part of their membership package, in the form of, for example, http://www.FEA-NM/johndoe. Members agree that this URL is wholly owned by FEA-NM, and that FEA-NM exclusively grants its use by member for the duration of their membership only. Members have no claim of ownership over this URL at any time during or following membership. FEA-NM reserves the right to revoke the Personalized URL function at any time. FEA-NM is not responsible for any loss sustained by current or former member of site due to termination of the Personalized URL function. Members agree that this URL shall only be used for the sole purpose of hosting member profile or advertiser data.

CLAIMS OF AFFILIATIONS AND STATE RESIDENCY

Members of FEA-NM are solely responsible for the content and content accuracy of their profile information. FEA-NM, accepts no responsibility for the accuracy of member’s claims of New Mexico State residency, or of Union or other Guild affiliation. Members acknowledge and accept that it is a felony to misrepresent State Residency, and understand that at any time they may be required to provide documented proof of their New Mexico State Residency in the form of a drivers license, State tax return or voter registration card. FEA-NM, makes no warranties to the accuracy or honesty of State residency claims. Members of FEA-NM are solely responsible for claiming their affiliation in a Union, Guild, or Trade Association. FEA-NM respects the privacy of members who choose not to claim said affiliations, and plays no role whatsoever in claiming member’s affiliation or membership in any Union, Guild, or Trade on member’s behalf, other than offering members the opportunity and profile space to make such claims for themselves. FEA-NM, does not have any relationship to the choice of our members to list their union affiliation. FEA-NM, makes to warranty as to the authenticity or accuracy of affiliation claims, and it is up to the member to provide accurate and legitimate information on their profile and to prospective employers. Members understand that they may be required by employers to furnish proof of affiliation. Members acknowledge that by choosing to promote such affiliation, they expressly grant FEA-NM permission to post said affiliation information on member profiles, and in search results. Members agree that some employers search for employees based on their Union, Guild, or Trade Association affiliation, and the employers are solely responsible for the legality of such practices. FEA-NM accepts no responsibility for discriminatory or otherwise hiring practices of potential employers based on affiliation or other criteria. You acknowledge State Residency, or membership in a Union, Guild, or Trade Association. edge that you have a choice of whether or not to promote your affiliation on your member profile. in offering its membership based on age, race, creed, sexual orientation, State Residency, or membership in a Union, Guild, or Trade Association. FEA-NM, does not offer preferential search result placement based on State Residency or Union, Guild, or Trade Association affiliation. Users of the site, however, have the ability to search for or sort search results based on those criteria. FEA-NM does not maintain proof of residency or proof of affiliation claims made by its members.

TERMINATION

You agree that FEA-NM may terminate this Agreement at any time. You agree that you reserve the right to terminate your relationship with FEA-NM at any time, with respect to any dissatisfaction with any: (I) Agreement term, policy, or practice of FEA-NM in operating the Service; (II) amount or type of fees or billing methods, or change therein. You agree that FEA-NM has the right, but not the obligation, to remove all membership data and files and profiles, or other files on our computer servers that are associated with your account at the time of termination. Only the person whose name is on the account will be able to change User ID and/or Password, and/or cancel an existing account. You agree that failing to pay any charges by the due date will result in any or all of your membership or advertising services being suspended or terminated without notice and that a reinstatement charge and/or interest charges may apply following late payment. The following fees are non refundable for terminated accounts: registration fees, administration fees, membership fees, upgrade fees, additional photo hosting fees, additional category fees or advertising fees.

RIGHTS OF LIMITATIONS ON USE OF FEA-NM

You may not contact members for the purpose of creating external website content or to cull, duplicate or collect website information and member profile information for the purpose of creation of an external website or business targeting FEA-NM members or advertisers. This FEA-NM site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors not previously and expressly agreed to with FEA-NM. Organizations, companies, persons and/or businesses may not become members of this site for the purposes of, but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services via email or contact forms, print mail, fax, for phone or using member data for the purposes of collecting information for commercial purposes. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited commercial email will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at FEA-NMs sole discretion. In order to prevent unsolicited commercial email or other contact, FEA-NM may take reasonable steps, including the limiting of the numbers of contact emails/messages sent or received by a member and electronically filtering or throttling or terminating e-mail and contact privileges at any time.

PROPRIETARY RIGHTS OF CONTENT ON FEA-NM

FEA-NM, owns and retains other proprietary rights in the FEA-NM website and its services. The site contains the copyrighted material, trademarks, and other proprietary information of FEA-NM and its members. Except for that information which is in the public domain or for which you have been given explicit permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

POSTED CONTENT ON THE FEA-NM WEBSITE

You understand and agree that FEA-NM may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment FEA-NM violates the Terms of Use or which might be offensive, illegal, dishonest, inaccurate, or that might violate the rights, harm, or threaten the safety of FEA-NM and/or its members, or harm its property. You are solely responsible for the content that you publish or display (hereinafter, "post") on the FEA-NM site, or transmit to other FEA-NM members. By posting content to any public area of FEA-NM, you automatically grant FEA-NM the right to use your content in other similar and derivative film-industry only websites. FEA-NM, will investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing inaccurate, offending, or libelous content or communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content or communication that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page), violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements via contact messaging; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior explicitly expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the FEA-NM website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service unless your advertising is in the form of a paid banner ad campaign hosted by FEA-NM. You will not transmit any chain letters or junk email to members. Although FEA-NM cannot monitor the conduct of its members off the FEA-NM site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. Your profile, including images and contact information may be searchable by third-party publicly available search engines.

COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the FEA-NM, service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

LIMITATION ON LIABILITY

FEA-NM claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. FEA-NM is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the FEA-NM website and/or in connection with the FEA-NM service. Under no circumstances is FEA-NM,responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the FEA-NM site or transmitted to FEA-NM members via any format. The site and the service are provided "AS-IS" and FEA-NM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FEA-NM cannot guarantee and does not promise any specific results from use of the site and/or the FEA-NM service as a visitor, member, advertiser or other unspecified users.

RELEASE

If you have a dispute with one or more of our Members or advertisers, you release FEA-NM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. We provide the service on an "as is" basis and grant no warranties of any kind, expressed, implied or statutory, in any communication with our representatives, or us or otherwise with respect to the service. We specifically disclaim any implied warranties of merchantability or fitness for a particular purpose. Further, we do not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will FEA-NM be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the FEA-NM service, even if FEA-NM has been advised of the possibility of such damages. You further agree to hold FEA-NM, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that other user’s profile ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, FEA-NMs liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to FEA-NM for the service during the term of membership. It is possible for others to obtain personal information about you due to your use of the service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the service. Please carefully select the type of information that you post on the service or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the service or otherwise. In no event will we be liable to you or to any other person for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the service, even if we or our agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the service during the term of your membership. We do not conduct background checks or otherwise screen members registering to the service in any way. We will not be liable for any damages, direct, indirect, incidental and/or consequential, including by not limited to physical damages, bodily injury or emotional distress, arising out of the use of this service, including, without limitation, damages arising out of your communications with and/or interactions with any other member of the service, or any individual or business you encounter via the service.

DISCLAIMERS

FEA-NM, has no affiliation of any kind with the following entities: the New Mexico Film Office, IATSE Local 480, SAG, crewnewmexico.com or filmnewmexico.com. FEA-NM disclaims any and all loss or liability resulting from, but not limited to: (1) loss of profile data ; (2) loss or liability resulting from access delays or access interruptions; (3) loss or liability resulting from acts of any God, the Universe, or Nature. You agree that FEA-NM's entire liability, and your exclusive remedy, with respect to your use of the FEA-NM service and any breach of this Agreement is solely limited to the purchase price of additional modules and account upgrades to existing accounts only. You may not rely on oral or written information or advice given by our employees, agents, authorized representatives, subcontractors or affiliates and/or their employees, agents, authorized representatives, subcontractors or affiliates to create a warranty or increase the scope of warranty already established in these terms and conditions. Your rights and our responsibilities are limited to the warranties that are expressed in these written terms and conditions that have been established by us to govern the use of FEA-NM’s services. Any changes to our Policies will be posted in our Agreement and Terms of Service, and become active immediately upon posting on the site. FEA-NM will not consider claims for losses of any sort arising from errors or omissions, deliberate or otherwise, in profiles or advertisements hosted by FEA-NM. It is the responsibility of site users to satisfy themselves that said site members and advertisers have faithfully represented their history, location, credits, resume, abilities, credentials, pricing and contact and billing information, and their ability to perform or produce as stated in your agreement with them. FEA-NM is not responsible for the accuracy or authenticity of the member’s or advertisers claims, or for any loss, damage, or harm of any kind generated by relationships founded on our site, including, but not limited to, personal, business, financial, and contractual relationships. FEA-NM makes no warranties about the suitability of a particular member or advertiser for any purposes. FEA-NM reserves the right to terminate any member or advertisers contract if they are found to be misrepresenting any and all aspects of their profile or ad hosted on FEA-NM. Members and advertisers agree to report inaccuracies, false statements and misleading claims so that we may enact our policies regarding accurate representation and claims. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will FEA-NM be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or the FEA-NM site or service, or if you enter into a contractual or otherwise agreement for exchange of goods or services, services for hire, or outright employment with a member or advertiser on the site. You further agree to hold FEA-NM, including its officers, directors, advisory board members, agents, associates, subsidiaries and employees harmless for claims arising in the event that a member or advertiser’s claims ultimately prove to be false, misleading, offensive, harmful, inaccurate and/or deceptive. In an effort to eliminate Unsolicited Bulk Email (Spam), FEA-NM’s mail servers have a number of anti-spam mechanisms which together eliminate a lot of junk emails to our servers. All customers need to be aware of this as it applies to all email passing through our servers. By using email to contact FEA-NM, you agree to our use of these mechanisms and understand that, however remote, there is the possibility that your email mail to us could be accidentally sent to our Junk Boxes. If you feel that an undue amount of time has passed since you sent a mail and should have reasonably received a reply, please send your email again, or contact us via other methods listed on our contact page. We will not be held liable for any loss or damage suffered in the event your communications were not received, acknowledged, or replied to. You agree to periodically check your junk mail box to see if there is any mail from FEA-NM that is being labeled as junk.

FEES/TERMINATION

All purchases are final. No refund will be given for unused portions of your subscription period. Member hereby agrees that subscription privileges are non-refundable in the event that Member chooses to suspend or cancel his/her membership. Furthermore, no refund will be made in the event of termination of Member’s membership due to a violation of the Terms and Conditions of Service as outlined herein. FEA-NM’s usage and/or subscription fees and billing practices and policies were provided to you upon registration and may change from time to time upon electronic notice to you. If FEA-NM terminates your membership in the FEA-NM service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect.

MEMBER DISPUTES

FEA-NM does not solicit or control the information provided by other users that is made available through our system. If you feel that the information posted by another member is false, illegal, misleading, or potentially harmful, please request a profile review. Please also use caution, common sense, and safety when using our site and promoting your skills, talents, or business, in particular your contact information. Because FEA-NM is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the FEA-NM site, you release FEA-NM, including its Board of Directors, Advisory Board members, officers, directors, agents, associates, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." FEA-NM reserves the right, but has no obligation, to monitor disputes between you and other members.

PRIVACY

Use of the FEA-NM site and/or its service is governed by our Privacy Policy, which may change from time to time. Keep checking back on the Privacy page for any changes.

AFFILIATION and CONTENT DISCLAIMERS

FEANM.com, is a wholly owned operation of FEA-NM. FEA-NM has no affiliation or relationship of any kind with the State of New Mexico, the State of New Mexico Film Office, IATSE Local 480 (or any other unions or guilds) and makes no statements or warranties to present any relationship. All FEA-NM content has been generated internally, unless specifically noted otherwise, including the search for and procurement of members and advertisers. FEA-NM provides information regarding the New Mexico Film Incentive Program as a courtesy to site members and visitors. We encourage you to contact the New Mexico Film Office at 505-476-5600 if you have specific questions regarding the New Mexico Incentive Program. It is the intention of FEA-NM to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference. US EXPORT CONTROLS Software or code from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

INDEMNITY

You agree to defend, release, indemnify, and hold FEANM.com, FEA-NM, Film & Entertainment Association of New Mexico, Inc. and its affiliated companies, branches and licensers, harmless from all liabilities, claims and expenses, including without limitation reasonable solicitors fees, arising from breach of these Terms of Use.

WAIVER AND SEVERABILITY OF TERMS

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of New Mexico without regard to its conflict of law provisions. You hereby agree to arbitration under the jurisdiction by and exclusive venue in the state and federal courts of the State of New Mexico, City of Santa Fe, with regard to any and all claims by you arising out of or related to your membership or disputes with the FEANM.com Website, FEA-NM, FILM and Entertainment Association of New Mexico, Inc. or its branches or affiliated companies. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.