PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.
BY ACCESSING, BROWSING, SHOPPING, OR OTHERWISE USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by accessing, browsing, shopping, or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Purchasing Power's sole discretion, and by accessing, browsing, shopping or otherwise using the Site after a change has been posted to the Site, You accept that change. Customers should check this User Agreement and the Privacy Pledge frequently.
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Purchasing Power (PPC). (References to "you" or "your" relate to a customer or other party that accesses, browses, shops or otherwise uses the Purchasing Power Site (the "Customer"); references to PPC shall relate to Purchasing Power.) By accessing, browsing, shopping or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and you agree to comply with all applicable laws and regulations. If you do not agree to this User Agreement, as it may be changed by Purchasing Power from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Purchasing Power from its offices within the United States . Purchasing Power makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so upon their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Georgia without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in Fulton County , Georgia to hear any such claims.
Access, Interference and Linking
Purchasing Power grants you a limited license to access and make personal use of the Site. However, you are not authorized to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Purchasing Power.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Purchasing Power; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Purchasing Power.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Purchasing Power or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Purchasing Power logo or other proprietary graphic or trademark as part of the link without express written permission.
Purchasing Power does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
All material contained within the Site is subject to copyright held by Purchasing Power or the original creator of such material. Except as stated herein, none of the information or material shown on this may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, tableing, or otherwise, without the prior written consent of Purchasing Power or the copyright owner. Limited permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Purchasing Power's prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PURCHASING POWER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PURCHASING POWER OR A PURCHASING POWER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLICABLE TO ALL USERS
All claims arising from the purchase of goods and services are subject to binding arbitration pursuant to the terms set forth in the Additional Terms and Conditions of the Retail Installment Sales Contract (The "Enrollment Agreement and Merchandise Order Form") and by making a purchase from this Site, you expressly waive a trial by jury and accept arbitration of any disputes pursuant to the terms and provisions as more fully set forth in said contract. You are urged to review this contract to familiarize yourself with the terms set forth therein. Any other claims which may arise as a result of accessing the Site and using the information therein available, you agree with Purchasing Power, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure (the "Code") of The American Arbitration Association (1-800-778-7879); www.adr.org in effect at the time the claim is filed. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. ?? 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. ?? 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Atlanta , Georgia . Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Account and Password
You are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your account or password. Purchasing Power reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
How do you use my information?
Communications to Purchasing Power
Purchasing Power shall strive to preserve the confidentiality of all information transmitted to this site in connection with the purchase of goods and services offered thereon. Any other communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Purchasing Power for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Purchasing Power is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Purchasing Power or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
Purchasing Power will adhere to best practices when maintaining accurate information on our web site. However, it is possible that despite our efforts to ensure the information on our website is up-to-date, there may be instances when information about a product contains inaccurate or incomplete data, including data about the product's price, description or image. Purchasing Power makes no guarantee that the information on our website is error-free, complete, or current. Purchasing Power reserves the right to correct errors and/or update the content on our website at any time without notice. Purchasing Power also reserves the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted.
Disagreement with These Terms and Conditions
If you disagree with any of the terms and conditions of this User Agreement, please do not access, browse or otherwise use this Site.