Terms and Conditions:

1. Acknowledgment and Acceptance of Terms and Conditions. Please read these Terms and Conditions, including, without limitation, any related policies referenced herein (these “Terms and Conditions”), before using KCOSTV.org or any other websites, applications, or services related to El Paso Public Television Foundation, Inc. or KCOS, Channel 13, or any features, content, or material thereof or contained therein, including, without limitation, memberships, content feeds, podcasts, API content, media players, widgets, social networking features, online stores, online auctions, auction broadcasts, and all other products and services of any kind (collectively the “KCOS-TV Products and Services”). By using and/or purchasing any of the KCOS-TV Products and Services, including, without limitation, online reservation of products for later purchase and in-person pickup, you agree to be bound by these Terms and Conditions. El Paso Public Television Foundation, Inc. and KCOS, Channel 13 (collectively “KCOS-TV”), reserve the right to modify, add, or delete any or all of these Terms and Conditions at any time without notice by posting revised Terms and Conditions on KCOSTV.org. Any such modifications, additions, or deletions shall be effective with respect to all of the KCOS-TV Products and Services immediately upon posting unless stated otherwise therein. Your continued use of any of the KCOS-TV Products and Services after such posting will mean that you agree to be bound by the revised Terms and Conditions, including, without limitation, any related policies referenced therein. Please be advised that these Terms and Conditions are separate and distinct from the terms, conditions, and policies governing any websites, applications, and services that may link to or from the KCOS-TV Products and Services.

2. KCOS-TV Products and Services Subject to Change. Any or all of the KCOS-TV Products and Services, including, without limitation, features, content, materials, specifications, products, services, and prices, are subject to change, termination, or suspension at any time without notice. KCOS-TV reserves the right to prohibit you from accessing any or all of the KCOS-TV Products and Services at any time without notice.

3. Accuracy and Completeness of Information. KCOS-TV makes no representation as to the accuracy or completeness of any information contained in the KCOS-TV Products and Services. For example, products may be incorrectly listed as being available, may have different attributes than those listed, or may carry a different price than that stated. All weights, measures, and similar descriptions are approximate and provided for convenience purposes only. The accurate display of our products may depend on your computer system, and KCOS-TV does not guarantee that your computer system will accurately display such products. In addition, KCOS-TV may make changes in information regarding price and availability at any time without notice. In the event a product available on or through the KCOS-TV Products and Services is incorrectly listed as being available, incorrectly described, or listed at an incorrect price or with otherwise incorrect information, KCOS-TV reserves the right to refuse or cancel any and all orders placed for such product.

4. Terms of Sale. KCOS-TV reserves the right to limit the order quantity on any product or service and/or refuse service to any customer at any time without notice. Your receipt of an electronic or other form of order confirmation does not signify KCOS-TV’s acceptance of your order, nor does it constitute confirmation of KCOS-TV’s offer to sell. KCOS-TV reserves the right at any time after receipt of your order to accept or decline your order for any reason. If you elect to reserve a product online for later purchase and in-person pickup, you may tender payment in cash upon pickup. KCOS-TV may obtain preapproval for all credit card transactions for up to the amount of the order. Your order may be authorized and billed increments during one purchasing session and therefore appear as multiple orders on your credit card statement. Your credit card will be billed at the time that you place the order. KCOS-TV may charge and withhold the applicable sales tax for any order. Otherwise, you are solely responsible for all applicable sales and other taxes, all applicable shipping costs, and all applicable fees on all orders placed by you. ALL SALES ARE FINAL.

5. Terms of Pickup and Shipping.

    a. Pickup. When an order is placed, you may elect to pick up your order in person at the KCOS-TV offices, located at 9050 Viscount Boulevard, Suite A440, El Paso, Texas 79925, between the hours of 10:00 a.m. and 4:00 p.m.; provided, however, that you do so within five (5) business days of placing your order.

    b. Shipping; Risk of Loss. When an order is placed, you may, in the alternative, elect to have your order shipped to you, in which case it will be shipped as soon as possible to an address designated by the purchaser as long as that shipping address is compliant with any applicable shipping restrictions. If an order consists of multiple items, KCOS-TV reserves the right to, in its sole and absolute discretion, ship such items as they become available or wait until all items are available for shipment as one parcel; please be advised, however, that shipping items as they become available may result in additional shipping costs. All shipped purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased shall pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping may not be available for all orders.

    c. Delayed Shipping. The following items may be shipped to you within six (6) to eight (8) weeks, or as soon as possible, after receipt of full payment by KCOS-TV of the applicable purchase price and/or pledge amount, including, without limitation, all applicable sales and other taxes, shipping costs, and fees: (i) membership “thank you” gifts, which you select in conjunction with regular membership purchases; (ii) affinity cards related to regular memberships; (iii) KCOS Kids Club cards and t-shirts; and (iv) all other orders as designated from time to time by KCOS-TV. The foregoing items shall in all other respects be governed by the terms contained in Subparagraph 5(b).

6. Compliance with Applicable Law. In connection with the use of the KCOS-TV Products and Services, you shall abide by all applicable federal, state, local, and international laws, including, without limitation, libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, copyright, trademark, and intellectual property laws (collectively “Applicable Law”). By using the KCOS-TV Products and Services, you represent that the KCOS-TV Products and Services will be used only in a lawful manner. Please be advised that under Applicable Law, the unauthorized reproduction, distribution, or exhibition of all text, images, music, sound samplings, and any other protected materials is generally prohibited and may give rise to civil and/or criminal penalties.

7. Compliance with Copyright Law. The contents of the KCOS-TV Products and Services are owned by or licensed to KCOS-TV or other producers and providers of programs and content to KCOS-TV. You may not reproduce, distribute, exhibit, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license, or use for commercial purposes any copyrighted material contained in the KCOS-TV Products and Services without the prior written consent of KCOS-TV or other applicable owner. All rights not expressly granted in these Terms and Conditions are reserved to KCOS-TV.

8. Compliance with Trademark Law. With respect to any registered and unregistered trademarks, trade names, service marks, and logos contained in the KCOS-TV Products and Services, all rights are reserved by the respective owners. You may not use any registered or unregistered trademarks, trade names, service marks, or logos contained in the KCOS-TV Products and Services without the prior written consent of KCOS-TV or other applicable owner. Nothing contained in these Terms and Conditions or in the KCOS-TV Products and Services shall grant or be construed as granting, whether by implication, estoppel, or otherwise, any license or right to use any registered or unregistered trademarks, trade names, service marks, or logos contained in the KCOS-TV Products and Services without the written permission of KCOS-TV or other applicable owner. All rights not expressly granted in these Terms and Conditions are reserved to KCOS-TV.

9. Inappropriate Material. You shall not post, transmit, or make available in any way any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate Applicable Law. In addition to any remedies that KCOS-TV may have at law or in equity, if KCOS-TV reasonably determines that you have violated or are likely to violate the foregoing prohibition, KCOS-TV may take any action it reasonably deems necessary to cure or prevent such violation, including, without limitation, the immediate removal from the KCOS-TV Products and Services of the offending materials. KCOS-TV will fully cooperate with any law enforcement authorities, court order, or subpoena requesting or directing KCOS-TV to disclose the identity of anyone posting such materials.

10. Rogue Programming. You shall not post, transmit, or make available in any way through any of the KCOS-TV Products and Services any software or other materials which contain a computer virus, Trojan horse, time bomb, worm, or other rogue programming (collectively “Rogue Programming”). KCOS-TV has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the information contained in the KCOS-TV Products and Services is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including, without limitation, use of antivirus and firewall programs and proper backup of files.

11. Links to KCOS-TV Products and Services. KCOS-TV encourages and permits links to content on the KCOS-TV Products and Services. Please be advised, however, that linking shall not: (i) suggest that KCOS-TV promotes or endorses any third party’s causes, ideas, websites, products, or services; or (ii) use KCOS-TV content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. KCOS-TV reserves the right to withdraw permission for any link to the KCOS-TV Products and Services.

12. Links to Third-Party Websites, Applications, and Services. The KCOS-TV Products and Services contain links to websites, applications, and services maintained by third parties over which KCOS-TV has no control. KCOS-TV does not endorse the content, operators, products, or services of such websites, applications, or services, and KCOS-TV is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services, or other materials on or available from such websites, applications, or services. KCOS-TV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through such websites, applications, or services.

13. Disclaimer of Warranties. Your use of the KCOS-TV Products and Services is entirely at your own risk. All of the KCOS-TV Products and Services are provided “as is” and without warranties of any kind, whether express or implied, including, without limitation, warranties of title, non-infringement, merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Without limiting the generality of the foregoing, KCOS-TV expressly makes no warranty: (i) of the accuracy or completeness of the materials or services on or through any of the KCOS-TV Products and Services; or (ii) that the KCOS-TV Products and Services will be uninterrupted, error-free, or free of Rouge Programming. Without limiting the generality of the foregoing, KCOS-TV expressly disclaims all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with Applicable Law, or misappropriation. All products and services purchased on or through any of the KCOS-TV Products and Services are subject only to any applicable warranties of their respective manufactures, distributors, and suppliers, if any.

14. Limitation of Liability. To the maximum extent permitted by law, you hereby knowingly, voluntarily, and intentionally waive: (i) any right to trial by jury that you may have in any action or proceeding, in law or in equity, in connection with the use of any of the KCOS-TV Products and Services; and (ii) any right that you may have to claim or recover any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) from KCOS-TV, its affiliates, content providers, and any of their respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners, and any party involved in the creation, production, or transmission of any of the KCOS-TV Products and Services, arising out of the use, inability to use, or the results of use of any of the KCOS-TV Products and Services, any websites linked to any of the KCOS-TV Products and Services, or the materials, information, or services contained in any of the KCOS-TV Products and Services, including, without limitation, disclosure of user information or communications, whether based on warranty, contract, tort, or any other legal theory, and whether or not advised of the possibility of such damages. Notwithstanding anything in these Terms and Conditions to the contrary, any and all liability that KCOS-TV may have with respect to the sale and/or delivery of any of the KCOS-TV Products and Services, including, without limitation, any liability arising from or in any way related to technical problems or delays in delivery, shall be limited to one of the following, according to KCOS-TV’s sole and absolute discretion: (i) refund of the purchase price of the applicable KCOS-TV Products and Services; or (ii) replacement of the applicable KCOS-TV Products and Services purchased.

15. Release and Indemnification. You hereby release and waive any and all claims and/or liability against KCOS-TV arising from or in any way related to your use of the KCOS-TV Products and Services. You also agree to indemnify, defend, and hold harmless KCOS-TV from and against any and all claims, damages, and liability, including, without limitation, attorney’s fees and court costs, arising from or in any way related to your use of the KCOS-TV Products and Services or failure to abide by Applicable Law. You agree that you will indemnify and hold harmless KCOS-TV, its affiliates, content providers, and all of their respective officers, directors, employees, shareholders, affiliates, agents, successors, assigns, retail partners, and all parties involved in the creation, production, or transmission of any of the KCOS-TV Products and Services, from any and all claims, liabilities, costs or expenses, including, without limitation, attorney’s fees and court costs, arising from or in any way related to: (i) your failure to fully comply with any of these Terms and Conditions; (ii) your use of any of the KCOS-TV Products and Services; and/or (iii) any material you have submitted on or through any of the KCOS-TV Products and Services.

16. Entire Agreement. You agree that these Terms and Conditions constitute the entire understanding of the parties regarding to the use of the KCOS-TV Products and Services and supersede any prior documents, correspondence, conversations, or other oral or written understanding related to the use of the KCOS-TV Products and Services.

17. Headings. The paragraph headings contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions.

18. Governing Law; Venue. These Terms and Conditions shall be governed, interpreted, and construed in accordance with the laws of the State of Texas, without regard for its conflict of laws provisions. Any action or proceeding seeking to enforce any provisions of, based on any right or obligation arising out of, or otherwise related to related to these Terms and Conditions or the use of the KCOS-TV Products and Services must be brought against a party in the courts of the State of Texas sitting in El Paso County, Texas, if such court has or can obtain jurisdiction, or alternatively in the United States District Court for the Western District of Texas, El Paso Division. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection that each may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum.

19. Attorney’s Fees. In any legal action or proceeding which is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of these Terms and Conditions, KCOS-TV shall be entitled to recover its attorney’s fees and court costs.

20. Waiver. A modification or waiver of a part of these Terms and Conditions shall not constitute a waiver or modification of any other portion of these Terms and Conditions.

21. Severability. If any one or more provisions of these Terms and Conditions shall be found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

22. Contact. For concerns with or cancellation of regular or KCOS Kids Club membership, please call (915) 594-5346. For concerns with or cancellation of online sales, online auctions, or auction broadcast purchases, please call (915) 594-5345.