TERMS AND CONDITIONS OF USE

Please read our Terms of Use ("Terms") carefully before use of this Web Site.  By accessing or using this Web Site, you agree to the Terms.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE.  The Powell Companies reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time without notice.  Such modifications shall be effective immediately upon posting.  By using this Web Site after we have posted such modifications, alterations or updates, you agree to be bound by such revised Terms.

GENERAL TERMS

All content in this Web Site, including, without limitation, data, text, images, illustrations, audio and video clips (collectively, the “Content”), is presented solely for information and convenience.  All properties referenced in this Web Site are subject to price changes, discrepancies and/or changes in area or description, prior lease or sale, and withdrawal from the market without notice.  The Content of this Web Site may contain inaccuracies or typographical or other errors.  Use of the Web Site and Content is at your own risk.  Nothing in this Web Site shall constitute an offer to sell or lease any property or advice for any investment or other personal, legal or financial decision.  Changes may be made to this Web Site at any time and without notice.  The Powell Companies and its affiliated and related parties are not licensed in all jurisdictions.  This Web Site does not purport to offer real estate brokerage or other services in locations in which The Powell Companies and its affiliated and related parties are not licensed.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All Content on this Web Site is protected by copyrights, trademarks, service marks, and/or other intellectual property rights and are owned and controlled by The Powell Companies or its affiliated or related parties, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to The Powell Companies.  Content on this Web Site or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use.  You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of The Powell Companies or the Providers.  Without the prior written consent of The Powell Companies or the Providers, your modification of the Content, use of the Content on any other web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the Provider copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web Site, you warrant to The Powell Companies that you will not use our Web Site for any purpose that is unlawful or prohibited by these Terms.  If you violate any of these Terms, your permission to use our Web Site immediately terminates without the necessity of any notice. The Powell Companies retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not incorporate into another web site any of the Content or other materials on this Web Site without the prior written consent of The Powell Companies.

PROHIBITED ACTIVITIES

You are specifically prohibited from any use of this Web Site, and you agree not to use or permit others to use this Web Site, for any of the following:  (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to or share the assigned confirmation numbers and/or passwords with any unauthorized third parties or use the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, email or otherwise transmit any information, Content, or proprietary rights that you do not have a right to transmit; (e) violate any applicable law or regulation; and, (f) use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browsers may be used without such permission.

LINKS

This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for convenience and information only and, as such, you access them at your own risk.  The content of any Linked Sites is not under The Powell Companies’ control, and The Powell Companies is not responsible for, and does not endorse, such content, whether or not The Powell Companies is affiliated with the owners of such Linked Sites. Linked Sites may have terms of use that differ from, or contain terms in addition to, the Terms specified herein. Your access to Linked Sites through links provided on this Web Site is governed by the terms of use and policies of those Linked Sites, not this Web Site.  You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your web site by The Powell Companies, or its affiliated or related parties or Providers.

PRIVACY POLICY

The Powell Companies collects personal identifying information from this Web Site to the extent that either a visitor’s Web browser automatically provides such information to our Web server (such as the visitor’s e-mail address, IP address or the Web Site or domain from which the visitor linked to our Web Site), or a visitor has specifically provided it to us.  Except where a visitor has provided personal identifying information in order for us to respond directly, The Powell Companies uses such information only in an aggregated form to see how the Web Site is being used in order to measure the use and effectiveness of this Web Site and of distinct Web pages.  Where a visitor has provided personal identifying information in order for us to respond directly, The Powell Companies uses that information solely to respond to the request, or may forward the information to a third party (including an appropriate service provider) for response, depending on the area of the inquiry. We do not disclose personal identifying information to third parties unless it is necessary to respond to inquiries from specific Web Site visitors as described above or is required by law or by any government, judicial, or administrative mandate.  If a visitor to this Web Site believes that they have inappropriately been contacted by us or by a third party as a direct result of accessing this Web Site, the visitor should immediately notify us.

DISCLAIMER OF WARRANTIES AND LIABILITY

ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.  THE POWELL COMPANIES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  NEITHER THE POWELL COMPANIES, ITS AFFILIATED OR RELATED PARTIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE POWELL COMPANIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.  YOU (AND NOT THE POWELL COMPANIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM.  YOU EXPRESSLY AGREE THAT NEITHER THE POWELL COMPANIES, NOR ITS AFFILIATED OR RELATED PARTIES, NOR THE PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE POWELL COMPANIES AND ITS AFFILIATED AND RELATED PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE POWELL COMPANIES IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT OF SUBSCRIBERS OR THIRD PARTIES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE POWELL COMPANIES AND THE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS.

THIRD PARTY RIGHTS

These Terms are for the benefit of The Powell Companies and the Providers, and their respective officers, directors, employees, affiliates, agents, licensors, and suppliers.  Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on their own behalf.

JURISDICTIONAL ISSUES

This Web Site is controlled and operated by The Powell Companies from its offices in San Antonio, Bexar County, Texas.  The Powell Companies makes no representation that Content in its Web Site is appropriate or available for use in other locations.  Those who choose to access this Web Site from other locations do so at their sole election and are responsible for compliance with applicable laws.  You may not use or export the materials in this Web Site in violation of U.S. export laws and regulations.  These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or The Powell Companies brings to enforce these Terms, or in connection with any matters related to this Web Site, shall be brought only in either the state or Federal courts located in and for Bexar County, Texas and you expressly consent to the jurisdiction of said courts.  If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any other provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between The Powell Companies, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE POWELL COMPANIES.