Terms & Conditions

Effective Date: These terms of use are effective as of June 20, 2010.
Last Updated: These terms of use were last updated on June 20, 2010.

These terms of use ('Terms of Use') govern your use of the website located at www.bestpowerdeal.com (the 'Website,' as further defined below.). The Website is provided to you by JazMarkets LLC ('JazMarkets'). YOUR USE OF THE WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE, AND YOUR ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL BE MANAGED IN ACCORDANCE WITH ITS PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

Eligibility and Permitted Use of the Websites
Users of all ages are welcome to browse the Website; however, you may only use the Website's Features (as defined below) if you are eighteen years of age or over. The Website is available worldwide and may be operated from various locations both within and outside the United States of America. The 'Website' includes all its functions and features (together, the 'Features'), all text, graphics, information, trademarks, service marks, trade names, images and graphics, advertisements, content, and other material displayed on or that can be downloaded from the Website (the 'Content') and any products or services referenced, provided or offered through or on the Website. Use of the Website may be inappropriate, prohibited or restricted in countries outside the USA. If you use the Website from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you use the Website. It is your responsibility to comply with all applicable international laws and regulations regarding your use of the Websites. The Website is not intended for use by children under the age of thirteen. If you are under the age of thirteen, you should not provide any information about yourself on or through the Website.

Service Providers
The Website offers users access to information regarding prices and fees charged by the providers of utility services (the 'Service Providers'). Through the Website, users may obtain information on services and prices offered by various Service Providers and request information on switching from one Service Provider to another. JazMarkets does not endorse, guarantee, or make any representations or warranties regarding any item of Content, and it disclaims all liability to the extent permitted by law as to the completeness, reliability, timeliness or accuracy of any Content, or the results that you may obtain from using the Website. Although JazMarkets may have business relationships with any of the Service Providers, JazMarkets does not act as an agent or representative on behalf of any Service Provider for any purpose. From time to time, the Website may provide access to additional information, including documentation, regarding Service Providers. That information is provided for convenience only and does not constitute an offer to provide services on behalf of any Service Provider or the endorsement by JazMarkets of any products or services of any Service Provider or any other third party. Separate terms and conditions cover the provision the provision of products or services by Service Providers, and any agreement with respect to those products or services shall arise exclusively between the user and the applicable Service Provider.

Changes to the Terms of Use
JazMarkets reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use at any time. We may notify you of any revisions in any manner we chose that complies with law, including, but not limited to, posting a notice on the Website. Your continued use of the Website following our notice to you and the posting of the revisions signifies your agreement to be bound by the revised Terms of Use.

Information Collected
In order to use some Features on the Website, you may be required to provide certain information, such as your energy consumption information, name, email address, mailing address, phone number and other information, as requested. The Privacy Policy governs the collection, use and disclosure of personally identifiable information gathered on or through the Website, including, but not limited to, the personally identifiable information you provide while using the Website.

Ownership and Prohibited Uses of Content
All Content is either the property of JazMarkets or used by it with permission of its owner. You may only use the Content for your own purposes and may not forward it on except as expressly authorized by JazMarkets. You may not use the Content for any external business purposes other than to obtain information from, or potentially to establish a business relationship with, any Service Provider. You may not (a) modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content other than as expressly permitted under these Terms of Use or as otherwise expressly authorized by JazMarkets, or (b) remove, obscure or otherwise deface proprietary notices appearing on any Content, including, without limitation, copyright, trademark and other intellectual property notices. The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms of Use or with the prior written permission of the Content owner. Any unauthorized use by you of any Content may subject you to civil and criminal penalties.

Prohibited Actions
While visiting the Website and using the Features, you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not: (a) request, attempt to harvest, obtain or store, personal information, passwords, account information or any other information relating to other users; (b) access or use another person's account; (c) disguise the origin of any submissions by you to the Website; (d) alter, modify, frame or 'mirror' any Content; (e) create a deep link to the Website by bypassing the Website's home page; (f) use any automatic or manually input data mining tools, robots, or similar data-gathering and extraction tools in connection with the Website or engage in similar data gathering efforts manually; (g) inhibit, disrupt, or otherwise prevent anyone from using or accessing the Website or interrupt or interfere with any user's experience on the Website; (h) interfere with or disrupt the servers or network connections to the Website; (i) disobey any requirements, procedures, policies or regulations of networks connected to the Website; (j) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (k) or attempt to gain unauthorized access to any portion of the Website. You may not post or transmit 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 any law. In addition to any remedies that JazMarkets may have at law or in equity, if JazMarkets reasonably determines that you have violated or are likely to violate the foregoing prohibitions, JazMarkets may take any action it deems reasonable to prevent, mitigate or remedy the violation, including, without limitation, denying you access to the Website. JazMarkets will cooperate with any law enforcement authorities or court order or subpoena requesting or directing JazMarkets to disclose the identity of anyone engaged in the foregoing conduct.

Availability
The Website and all Features and Content available on or through it are subject to change at any time without notice. At JazMarkets's sole discretion, the Website and any Feature or Content.

Linked Websites
From time to time, the Website may contain links to websites that are not governed by these Terms of Use (each, a 'Linked Website'). All links to Linked Websites are provided solely as a convenience to you. If you use those links, you will leave the Website. JazMarkets is not responsible for the content, terms and conditions, offers, promotions, guarantees or goods or services located on, or accessible through, any Linked Website. JazMarkets does not endorse, guarantee or make any representations or warranties regarding any Linked Websites, or any content, materials or other information located on any Linked Websites or accessible from them, or the results that you may obtain from using any Linked Website. If you decide to access any Linked Website, you do so entirely at your own risk. You should review the policies and terms of use associated with any Linked Website closely before using and submitting information to it.

Applicability of Additional Terms of Use
Additional or different terms and conditions (together, 'Other Terms') may apply in connection with certain Features. If applicable, Other Terms may be posted: (a) where you are permitted to submit Content or use Features, or (b) in a link adjacent to where you are permitted to submit Content or use Features. Other Terms are incorporated into these Terms of Use and made a part of them by reference. In the any event Other Terms conflict with these Terms of Use, the Other Terms shall control with respect to the subject matter to which such Other Terms shall apply.

Disclaimer of Warranty
YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE WEBSITE IS PROVIDED 'AS IS,' 'WITH ALL FAULTS' AND 'AS AVAILABLE.' AS TO THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, JAZMARKETS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED BY USING THE WEBSITE SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. JAZMARKETS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE. WITHOUT LIMITATION TO THE FOREGOING, JAZMARKETS DOES NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEBSITE WILL BE WITHOUT INTERFERENCE; (B) THE WEBSITE OR ITS FEATURES OR CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE, ACCURATE OR UP-TO-DATE; (C) YOUR REQUESTS TO THE WEBSITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN FEATURES OR CONTENT WILL BE CORRECTED; OR (F) ANY FEATURES OR CONTENT ON THE WEBSITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

LIMITATIONS OF LIABILITY
JAZMARKETS DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE, DATA-SECURITY BREACH, VIRUS OR OTHER CONSEQUENCE OR FAILURE THAT MAY ARISE DUE TO THE USE OF THE WEBSITE OR CONTENT OR RELIANCE UPON THE COMPLETENESS, RELIABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE OR CONTENT OR THAT MAY INVOLVE, IMPAIR OR DISABLE YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY IF CAUSED BY, OR ARISING FROM, YOUR ACCESS TO THE WEBSITE OR USE OF IT. IN NO EVENT WILL JAZMARKETS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY LINKED WEBSITES, OR THE MATERIALS, INFORMATION OR, AS APPLICABLE, THE GOODS OR SERVICES CONTAINED OR REFERENCED ON THE WEBSITE OR THE LINKED WEBSITES OR OFFERED THROUGH ANY OF THEM, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. YOUR SOLE REMEDY AS TO ANY OF THE FORGOING IS TO CEASE USING THE WEBSITE.

Termination
JazMarkets reserves the right to suspend or terminate your use of the Website, or its Features or Content at any time, for any reason or for no reason. JazMarkets reserves the right to change, suspend, or discontinue all or any aspect of the Website, Features Content at any time, without notice. JazMarkets shall not be liable to you or any third party for any of the foregoing.

Other
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of them or relating to them, will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice-of-law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to the Website or these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in Dallas, Texas, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials on the Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and JazMarkets relating to your use of the Website, superseding any other agreement between you and JazMarkets with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us
For issues or questions related to the Website or these Terms of Use, please contact customerservice AT bestpowerdeal DOT com.