CES Cooperative Purchasing Program (CPP) promises to guard your Privacy as an institution and a User.  We pledge never to release your information, such as mailing address, e-mail address, personnel lists, to any outside organization seeking to use the information for marketing purposes without your permission.

CES will deliver the following resources/tools for the Cooperative Purchasing Program (CPP) processes:

• An intuitive web based Cooperative Purchasing Program (CPP) system utilizing secure technology
• World-class suppliers of thousands of goods and services at state and nationally negotiated volume contracts
• Customized electronic workflows including multiple approval levels
• One point of contact for customer service-your local Member Service Representative (MSR)
• Implementation including installation and training
• On-going training and support
• On-going system maintenance and updates
• Accountability through detailed reports

·         In lieu of a charge for software and/or services, purchases will include a 1.0% administrative fee which is used to provide the above.

Your use of CES Cooperative Purchasing Program (CPP) is governed by the terms of this Agreement. By accessing, browsing, or using the site, you acknowledge that you have read, understand, and agree to be bound by these terms.

The information and software or items contained on this site or used in connection with its operation, including all text, graphics, logos, button icons, images, software, and other materials that appear on the site or are used in connection therewith, are the property of CES or its various vendors and suppliers and is protected by U.S. and international copyright, trademark, patent, trade secret and other laws, including international treaties. The content and software on our site or connected or related to its use may be used only from this site as a shopping resource. Any other use, including the reproduction, modification, disassembly, compilation, reverse engineering, distribution, transmission, republication, display or performance, of the content, information or software on or connected with the site is strictly prohibited.

The products and services of some vendors are provided directly by such vendors ("Third Party Vendors") and not by CES. In all such instances, CES and the site are acting merely as facilitators of the provision and sale and purchase of such products and/or services. In connection therewith it is understood that both CES and its Third Party Vendors are protected by all disclaimers or warranties, limitation on liability, and indemnification obligations herein, provided that Third Party Vendors may override such limitations as to themselves and their products and services by express written agreements or warranties to the contrary. Without limiting the foregoing, CES does not take title to or ship any products purchased from any Vendor.

Disclaimer and Limitation of Liability

Except for any applicable manufacturer's warranty provided by a manufacturer of a product, to the maximum extent provided by law (a) this site, including any content or information contained within it, (b) any site-related service or software and (c) every product or service licensed or purchased through the site, are each provided on an "as is" basis without any conditions or warranties whatsoever. The entire risk associated with the use of the site and every product or service purchased through the site resides with you, including with the use of any content or information contained within it and any site-related services or software. All other conditions or warranties are hereby disclaimed, whether expressed or implied or statutory, including, but not limited to, warranties of title and non-infringement and the implied warranties of merchantability or fitness for a particular purpose. In some jurisdictions, such warranties cannot legally be disclaimed. In such instances, those warranties are disclaimed to the maximum extent provided by applicable law. You acknowledge that any warranty that is provided in connection with any of the products or services described herein is provided solely by the owner, manufacturer or other supplier of that product and/or service, and not by CES. These disclaimers will not be affected by any subsequent course of dealing or performance.

CES does not warrant that your access to the site and/or related services or software will be uninterrupted or error-free, that defects will be corrected, or that this site or the server or software that make it available are free of viruses or other harmful components. CES does not warrant or make any representations regarding the use or the results of the use of any product or service purchased or licensed in terms of its compatibility, correctness accuracy, reliability or otherwise. You assume total responsibility and risk for your use of the site and site-related services and software.

You agree that, in no event will CES or its directors, officers, employees, agents, sponsors, consultants, suppliers, and representatives, or Third Party Vendors (collectively the "Beneficiaries") be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation loss of profits, loss of use, loss of cover, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business) under any contract, tort (including negligence), strict liability, statutory or other theory arising out, connected with of or relating in any way to the site or your use thereof, site-related services and software (including any software or services provided by any Beneficiary), or any products or services offered, sold or displayed on the site or relating to its use, whether or not CES or any Beneficiary have been advised of the possibility of such damages. In addition, neither CES nor any Beneficiary will be liable for any damages caused by or arising out of any delay in delivery of or providing of any products or services or in access to this site or any services provided in connection with the site.

Indemnity

You shall indemnify, defend, and hold harmless CES and each Beneficiary from any suits, losses, claims, demands, liabilities, costs and expenses (including actual attorney fees incurred) that CES or any Beneficiary may sustain or incur from: (i) your use of this site or any site-related software or services; (ii) your failure to comply with applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or resell the goods and services you obtain through the site; or (iii) your breach of any of your obligations set forth in this Agreement.

Governing Law and Exclusive Jurisdiction

The Agreement, your use of this site and all transactions relating to this site, and your purchase construction, of goods and services from or through CES and/or this site are all governed by the laws of the United States of America and the State of New Mexico, without regard to the laws regarding conflicts of law. Any litigation regarding or relating to this Agreement or any other matter described above or any transaction between any customer or other user of this site and CES shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico. Every customer and other user hereby agree to the foregoing and submit to such jurisdiction and venue as proper and waives any right to change venue.

Force Majeure

We will not be liable in any amount for our failure to perform any obligation under this agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, terrorism, act of God, or the occurrence of any other contingency beyond our reasonable control.

Public Statements

You may not issue any press release or make any public statement regarding your participation in or use of the site, except as permitted by CES in writing.

Miscellaneous

If any of these terms are found unlawful or void or unenforceable for any reason, then those terms will be considered severable from the remaining terms and will not affect their validity or enforceability. In addition to any notice provision in any separate agreement with CES, notices under this Agreement or relating to your use of the site may be provided to and through the email addresses provided in connection with any such use of the site. Each disclaimer of warranties, limitation of remedies and exclusion and limitation of damages is intended to be separate from each other such disclaimer or limitation and the finding that any one such aspect is unenforceable shall not affect in any manner the enforceability of the other such disclaimers and limitations. The Beneficiaries are direct and intended third-party beneficiaries of this Agreement.

If you have questions regarding our policy, please contact us using the information below.

CES Cooperative Purchasing Program (CPP) Team

Email: help@nmces.org

Phone: 505-344-5470

Mail: CES Cooperative Purchasing Program (CPP)

4216 Balloon Park Road NE

Albuquerque, NM 87109