Terms of Use

Rules & guidelines to protect you and others.

By visiting www.purchasepowerexchange.com you agree to abide by the Terms of Use described below. These rules and guidelines protect you and ensure that Purchase Power Exchange’s web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.

Copyright © 2008 - 2010 Purchase Power Exchange. All other rights reserved.

Legal Notice and Disclaimer:
Purchase Power Exchange (PPX) obtains all information, downloadable files and software contained herein from sources believed by PPX to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, PPX shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the PPX web site. PPX makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the PPX web site. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranty of any kind. PPX disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall PPX be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on the PPX web site.

These terms may only be amended in writing, must be signed by PPX authorized representatives, and shall be governed by the laws of the state of Texas.

Links to Third Party Sites
The links to third parties contained within this web site will allow you to leave PPX site. The sites that are linked to PPX site are not under the control of PPX. PPX is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. PPX provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link does not imply endorsement by PPX of the linked site.

Any rights not expressly granted by PPX herein are expressly denied.

PPX Web Site Terms of Use
Acceptance of Terms of Use www.purchasepowerexchange.com:
The access to PPX site is provided to you by PPX under these Terms of Use. Although portions of the PPX site may be viewed simply by visiting the site, in order to receive services from PPX you will need to become a Client of PPX. If you sign on to the PPX site as a Client, these Terms of Use will govern your use of PPX site, including access to message boards and other features.

BY SIGNING ON TO THE PPX SITE AS A CLIENT YOU ARE INDICATING YOUR REGISTRATION TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

These Terms of Use govern your use of the PPX site and all services provided in connection with the PPX site. PPX shall not be liable to you for any breach of these Terms of Use. In addition, PPX does not bear any fiduciary responsibility to any user of this web site. If you do not agree to these Terms of Use, please do not enter the PPX site. The Terms of Use for your continued use of the PPX site will be posted on the PPX site. Please check this area before using the PPX site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with the PPX site immediately (i) by notifying PPX of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of the PPX site. Your continued use of the PPX site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

From time to time PPX may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the PPX site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

Please note that PPX is not responsible for the content or privacy practices of non-PPX web sites to which www.purchasepowerexchange.com may link.

PPX CONTACT INFORMATION:
Attn: PPX – Terms of Use and Privacy Policy
email: info@bpxmail.com

Modifications of these Terms of Use
PPX may modify these Terms of Use from time to time at its sole discretion. Each time you log on to the PPX site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with the PPX site immediately (i) by notifying PPX of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of the PPX site.

Modifications of the PPX Site
PPX may modify or discontinue the PPX site with or without notice to you and without liability to you or to any third party.

Content of Messages
You also agree not to use the PPX site to send or post on message boards or any place on the PPX site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. PPX reserves the right to delete any such material from the PPX site. PPX will cooperate fully with any law enforcement officials herein, and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section. You agree not to post or use the PPX site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

You acknowledge that (i) PPX permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the PPX site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on the PPX site rests with you. You acknowledge that PPX may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

Third Party Services
Special routing icons may be included within the PPX site, the activation of which will allow you to access and learn more about PPX and other services provided by PPX or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE PPX SITE IS AT YOUR SOLE RISK. THE PPX SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PPX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PPX MAKES NO WARRANTY THAT THE PPX SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE PPX SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PPX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PPX SITE. PPX WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE PPX SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PPX SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT PPX DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE PPX SITE. PPX IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PPX NOR ITS OFFICERS OR MEMBERS, WHILE SUCH OFFICERS OR MEMBERS ARE PARTICIPATING IN THE PPX SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. PPX ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

PPX SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED. YOUR PARTICIPATION IN THE PPX SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PPX OR THROUGH THE PPX SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

PPX MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE PPX SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PPX SITE.

PPX IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE PPX SITE. AS A CONVENIENCE TO PPX USERS, PPX MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND PPX CONTROL. PPX MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH PPX MAY PROVIDE LINKS AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PPX WITH RESPECT TO SUCH SITES.

Limitation of Liability
PPX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PPX SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PPX SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PPX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Promotional Messages
PPX may, from time to time, send email messages to you containing advertisements, promotions, etc. PPX makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from PPX, and you agree that PPX shall not have any liability with respect thereto.

Indemnification
You agree to indemnify and hold each officer, member and/or employee of PPX, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PPX site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Texas State and U.S. courts sitting in the County of Travis or, the Texas State and U.S. courts having within their jurisdiction the location of PPX's principal place of business. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

Remedies for Breach of these Terms by You
In the event that PPX determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of the PPX site, PPX reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the PPX site, (iii) delete all content provided by you to the PPX site, (iv) discontinue your registration with the PPX site and/or any other PPX community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which PPX deems to be appropriate.

Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
PPX may assign its rights and obligations under these Terms of Use and upon such assignment PPX may be relieved of any further obligation hereunder.

You represent to PPX that you have the authority to register with the PPX site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the PPX site by PPX) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior registrations and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of PPX, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.