TERMS AND CONDITIONS OF USE
Customer Service Toll-Free Number: 1-800-706-1875
We’re available 6 a.m. – 6 p.m. PST, Monday – Friday and 7 a.m. – 3 p.m. PST, Saturday & Sunday.
For international orders the telephone numbers are:(805) 567-0118
You agree to pay all fees associated with this service, including the activation/shipping and handling fee and the monthly fee of $19.95. For all charges for services on this site, we will bill your credit card or checking/savings account provided to us at activation. Activation charge will be billed to the account you have provided us at the time of activation and reoccurring charges will be billed after your 30-day trial and every 30 days thereafter unless you contact customer service to cancel your membership.
1. User’s Acknowledgment and Acceptance of Terms
Ball, LLC. (referred to as "us" or "we") provides the www.searchdiscountinstore.com site and various related services (together referred to as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Use are effective as of August 20, 2006. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
2. Description of Services
We make various services available on this site including, but not limited to, online comparison shopping. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of telephone service fees associated with such access).
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Registration Data and Privacy
In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4. Payment of Fees
If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.
If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
5. Conduct on Site
Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
Infringement Notification
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright has been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below.
Upon receipt of appropriate email notification from the Complaining Party according to the above, we will remove or disable access to the material that is claimed to be infringing.
Further, if the Complaining Party provides us with appropriate email notification, including information reasonably sufficient to permit us to locate and remove or disable the material in question, or includes information concerning repeat infringement, then we will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.
Counter Notification Policy
If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by contacting our Designated Agent (see below) and including the following:
Upon receipt of a Counter Notification as described in Section 1 above, we shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless we first receive notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on our system or network.
Designated Agent for Claimed Infringement:
Ball, LLC
5702 Lake Worth Rd Suite 8-10,
Greenacres, Florida 33463
Tel: (805) 567-0131
E-mail: privacy@consumerloyaltygroup.com
Termination of Repeat Infringers
Notwithstanding the above, we will terminate the account of any user who repeatedly infringes copyrighted materials or about whom repeat claims of copyright infringement we receive.
6.Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright © Ball, LLC. All Rights Reserved.
For purposes of these Terms of Use, "content" is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Ball, LLC. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. The following are registered trademarks, trademarks or service marks of Ball, LLC. or its Affiliates: NeWave, Inc. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Ball, LLC. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Ball, LLC. or its Affiliates.
Certain of the ideas, software and processes incorporated into the Search Discount In-Store service that is available on this site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.
8.User’s Materials
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
5702 Lake Worth Rd Suite 8-10
Greenacres Florida 33463
Tel: 805-567-0131
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND
WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.
Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Ball, LLC. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Consumer Loyalty Group, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.
In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items ("Forms"). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Ball, LLC. or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this site.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the one month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. Email Services
We may make email services available to users of our site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We provide storage space and access for material through our site. For purposes of these Terms of Use, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in "Your Conduct on the Site" above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
15. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
16. Export Controls
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
17. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
18. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
19. Governing Law
This site (excluding any linked sites) is controlled by us from our offices within the State of California United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.
20. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@searchdiscountinstore.com, if by email, or Search Discount In-Store, 5702 Lake Worth Rd Suite 8-10, Greenacres, Florida 33463 if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.
21. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
22. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
23.Contact Information
Except as explicitly noted on this site, the services available through this site are offered by Ball, LLC. a California corporation, located at 5702 Lake Worth Rd Suite 8-10, Greenacres, Florida 33463 . Our telephone number is (800) 706-1875. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 404 R. Street, Suite 1080, Sacramento, CA 95814 or by telephone at (800) 952-5210. If you notice that any user is violating these Terms of Use, please contact us at support@searchdiscountinstore.com
23. Use of Written Communication
Company reserves the right to use any written communication voluntarily sent by customers for any purpose including but not limited to advertising and promotional activities.ACH TERMS AND CONDITIONS
1. Introduction:
These terms and conditions are designed to provide you information on the services provided and outline important conditions which apply to your using this service. The Internet payment service is provided by Search Discount In-Store and various third party vendors. It is subject to the consumer banking regulatory protections described in Regulation E of the Electronic Fund Transfers Act. Reg. E stipulates significant disclosure requirements and therefore most of these terms and conditions are a direct result of Reg. E. When you open your account with us or any third party vendor acting on our behalf, you and any person you authorize to perform functions on your account, agree to these terms and conditions.
2. Definitions:
As used in these Terms and Conditions (the "Agreement"), the following terms shall have the following meanings:
• "Business Day": means Monday through Friday, excluding Federal Reserve holidays and Investing In Success holidays.
• "Customer Service Hours": means at least 8:00 a.m. to 6:00 p.m. EST.
• "Cutoff Time": means 4:00 p.m. Eastern, 3:00 Central Time on any Business Day and is the time by which you must transmit Payment Instructions to have them considered entered on that particular Business Day.
• "Payment": means the information provided by you to the Service for one or more electronic payments to be made to Investing In Success.
• "Payment Account": means your checking, savings or credit card accounts from which your electronic payments will be made.
• "Payment Instructions": means the banking/credit card instructions you enter with respect to the Payment.
• "Payment Send Date": means the Business Day(s) of your choice upon which your electronic payment(s) will be made through your Payment Account (a Payment Send Date of a non-Business Day will be considered to be the previous Business Day).
• "Service": means the electronic payment system offered by Search Discount In-Store.
• "Service Provider": means any third party providing the Service on behalf of Search Discount In-Store.
3. Bill Payment Service
When initiating a Payment, you authorize Search Discount In-Store to remit funds on your behalf from your Payment Account in accordance with your Payment Instructions.
• A particular electronic payment is "Pending" starting from the time you enter a Payment until the payment is "Processing".
• A particular electronic payment is "Processing" starting at the Cutoff Time of the date selected by you as the "Payment Send Date" until confirmation is received by the Service that the payment was successful.
• A particular electronic payment is considered "Paid" after the Service receives a remittance file from the payment processor indicating a successful payment.
• You may cancel or change any Pending Payment by following the directions within the online application.
• There is no charge for canceling or changing a Pending Payment.
• Payment Instructions entered after the Cutoff Time or on non-Business Days will be considered entered in the Service on the next Business Day.
• In any other event, including, but not limited to, choosing a Payment Send Date less than two (2) Business Days before the actual due date, the risk of incurring and the responsibility for paying any and all late charges or penalties shall be borne by you.
Search Discount In-Store will use its best efforts to make all your payments properly. However, Search Discount In-Store shall incur no liability if it is unable to complete any payments initiated by you through the Service because of the existence of any one or more of the following circumstances:
1. If, through no fault of Search Discount In-Store, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account, or your Payment Account does not otherwise permit the transaction to be executed;4. Transaction Limitations
Please be aware that certain types of bank accounts have limits on the numbers of transfers or withdrawals that may be made per month. For instance, only six transfers and/or withdrawals per month may be made from a savings or money market deposit account by preauthorized or automatic transfer. Your bank may refuse transfers which would exceed such limits, so we recommend you check with your bank to determine what limitations are imposed on withdrawals from any account. If we are not able to debit the amount required to cover an authorized payment and any fees from your account, we will not be able to make the payment you have authorized, and will not be held liable for any costs, damages, etc., caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once.
5. Payment Cancellation Requests
You may cancel or change any Pending Payment (including recurring payments) by contacting Search Discount In-Store Customer Service and request this action. There is no charge for canceling or changing a Pending Payment. Once the Service has begun Processing a payment it cannot be cancelled or changed.
6. Exclusions of Warranties
THE SERVICE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible:
Call 1-800-706-1875 during normal Customer Service Hours.
If you think that your statement is wrong or you need more information about a transaction listed on the statement, Search Discount In-Store must hear from you no later than sixty (60) days after you received the FIRST statement on which the problem or error appeared. You must:
1. Tell Search Discount In-Store your name and account number;
2. Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
3. Tell Search Discount In-Store the dollar amount of the suspected error.
4. If you tell Search Discount In-Store verbally, Search Discount In-Store may require that you send your complaint in writing within ten (10) Business Days after your verbal notification to the following address 5702 Lake Worth Rd Suite 8-10,
Greenacres, Florida 33463
5. Search Discount In-Store will tell you the results of its investigation within thirty (30) Business Days after we hear from you, and will correct any error promptly.
6. If Search Discount In-Store needs more time, however, it may take up to forty-five (45) days to investigate the complaint or question.
7. If Search Discount In-Store decides there was no error, it will contact you with an explanation within three (3) Business Days after it finishes the investigation.
8. Electronic Disclosures and Communications
By agreeing to these Terms of Use and our services, you consent to receiving communications from us electronically instead of on paper. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information); important disclosures and information concerning our service. You also agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
9. Disclosure of Account Information to Third Parties
We will never sell any personally identifiable information to a third party for marketing purposes without your consent.
By completing the enrollment form, you are authorizing Search Discount In-Store to display electronic payment information on a secured Internet site. Investing In Success will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your account to a third party, such as a credit bureau;
3. In order to comply with a governmental agency or court orders; or
4. If you give us your written permission.
5. As permitted otherwise by this Agreement or Search Discount In-Store privacy policy set forth at http://www.SearchDiscountInStore.com/privacy.php
10. In the Event a Service Transaction Is Returned
In using the Service, you are requesting the Service to make payments for you utilizing your Payment Account. Search Discount In-Store or Service Provider is unable to complete the transaction through the Service for any reason associated with your Payment Account (for example, there are not sufficient funds or credit in your Payment Account to cover the transaction), the transaction will not be completed. You agree that:
1. You will reimburse Search Discount In-Store or Service Provider immediately upon demand, the transaction amount that has been returned Search Discount In-Store or Service Provider
2. You shall be liable for late payment charges, insufficient fund charges, or any other applicable charges.
3. Search Discount In-Store or Service Provider is authorized to report the facts concerning the return to a credit-reporting agency.
4. In the event your check is returned unpaid for insufficient or uncollected funds, it may be re-deposited electronically for payment by either Search Discount In-Store or Service Provider.
5. You authorize Search Discount In-Store or Service Provider to charge your Payment Account the maximum bad check fee as warranted for each instance of a retuned item.
11. Alterations and Amendments
Search Discount In-Store reserves the right to change this Agreement from time to time, including without limitation, with respect to applicable fees and service charges. Further, Search Discount In-Store and/or the Service Provider may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing this Agreement. Your continued use of the Service shall constitute your agreement to all terms and conditions hereof. We will post any changes on Search Discount In-Store’s web site and will send you any legally required notice. Prior notice may not be given; however, where an immediate change is necessary for security purposes.
12. Address or Banking Changes
You agree to promptly notify Search Discount In-Store at least ten (10) Business Days in advance of any change in your Payment Account, or your banking status. This must be done by contacting Customer Service via 1-800-706-1875
13. Termination or Discontinuation
In the event you wish to discontinue the Service, you can do so by un-enrolling through the Service or by contacting Search Discount In-Store’s Customer Service Center by one of the means listed below. Such notice of service discontinuance must be supplied prior to the actual discontinuance date.
Telephone: 1-800-706-1875
5702 Lake Worth Rd Suite 8-10
Greenacres Florida 33463
Search Discount In-Store may terminate service to you at any time and/or revoke your right to use this service for any or no reason. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.
We may immediately terminate your use of the service if:
(a) you or any authorized user of your Account breach any agreement with us;
(b) we have reason to believe there has been or may be an unauthorized use of your accounts, or our service;
(c) any party associated with your accounts or your service requests that we do so; or
(d) there are conflicting claims to the funds in your accounts.
Terminating your electronic payment service does not cancel your services from Search Discount In-Store If you wish to terminate your services from Search Discount In-Store you will need to call Search Discount In-Store to make the necessary arrangements.
14. Information Authorization
Your enrollment in the Service may not be fulfilled if the Service cannot verify your identity or other necessary information. Through your enrollment in the Service, you agree that the Service reserves the right to request a review of your credit rating at its own expense through an authorized bureau. In addition, you agree that the Service reserves the right to obtain financial information regarding your account from a financial institution to resolve payment-posting problems.
15. Disputes
In the event of a dispute regarding the Service, you and Search Discount In-Store agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and Search Discount In-Store regarding the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and Search Discount In-Store relating to the subject matter of this Agreement, namely, the Service. If there is a conflict between what an employee of the Service Provider or Search Discount In-Store says and the terms of this Agreement, the terms of this Agreement will prevail.
16. Assignment
You may not assign this Agreement to any other party. However, the Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
17. Governing Law
This Agreement will be governed in all respects by and construed according to the laws of the State of California without regard to its rules on conflict of laws.
In addition to these terms and conditions, you agree to be bound by and will comply with the requirements of the applicable Account Disclosure Statement, Investing In Success’s rules and regulations (including without limitation, any such rules and regulations incorporated or referenced in any product or service agreement between you and Search Discount In-Store), the rules and regulations of any funds transfer system to which the Search Discount In-Store such as the National Automated Clearing House Association (NACHA), and applicable state and federal laws and regulations.
YOU SHOULD PRINT AND RETAIN THIS DOCUMENT FOR SAFEKEEPING AND REFERENCE AT ANY TIME DURING USAGE OF THE SERVICE.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS, AND ANY FUTURE AMENDMENTS WHICH MAY BE MADE TO THIS AGREEMENT FROM TIME TO TIME.
18. Dispute Resolution
Except as otherwise expressly provided in this Agreement, the parties will submit all disputed matters between them to the following procedures:
First, each party will refer each disputed matter to its respective senior executive with authority to resolve the matter on the party’s behalf. Each such senior executive will work in good faith with the other to attempt to resolve the matter. If such senior executives do not agree upon a resolution to the matter within ten (10) business days after referral of the matter to them, either party may submit the matter to mediation as described below.
18.1 Either party may, upon notice to the other party and within ten (10) business days after the conclusion of the negotiations between senior executives described above, elect to have the disputed matter referred to non-binding mediation before a single impartial mediator to which the parties agree in Santa Barbara County. The mediation hearing will be attended by an executive of each party with authority to resolve the matter and will be conducted no more than thirty (30) days after the mediation notice. The parties will share the expenses of the mediation equally.
18.2 If and only if the parties are unable to resolve the disputed matter through the procedures described above, either party may pursue any other means to resolve the matter to which it is otherwise entitled under law. The parties hereby agree that the venue for any dispute arising under this Agreement will lie exclusively in the state or federal courts located in Los Angeles County, California, and the parties irrevocably waive any right to raise forum non conveniens or any other argument that Los Angeles is not the proper venue. The parties irrevocably consent to personal jurisdiction in the stat and federal courts of the state of California. The parties also hereby agree that the prevailing party in any suit, action or proceeding arising out of or relating to the Securities, this Agreement or the Registration Rights Agreement, shall be entitled to reimbursement for legal fees and court costs from that non-prevailing party.
19. Force Majeure
To the extent permitted by law, in the event that either party fails in whole or in part to fulfill its obligations under this Agreement as a consequence of an act of God, fire, explosion, strike, flood, earthquake, embargo, war, riot, or any other cause reasonably beyond the control of the disabled party, such failure to perform will not be considered a breach of this Agreement during the period of such disability and for a reasonable time thereafter; provided, however, that if such period continues in excess of sixty (60) days, the non-disabled party may terminate this Agreement upon thirty (30) days prior Notice to the disabled party without incurring any penalty as a result of such termination. In the event of any force majeure event, as set forth in this Section, the disabled party will use its best efforts to meet its obligations under this Agreement. The disabled party will promptly and in writing advise the other party if it is unable to perform due to a force majeure event, the expected duration of such inability to perform, and any developments that appear likely to affect its ability to perform any of its obligations, in whole or in part.
20. Waiver
No failure or delay by either party to exercise and no course of dealing with respect to any right of such party regarding an obligation of the other party will operate as a waiver of any such right unless the waiving party so designates in writing. Any single or partial exercise by either party of any of its rights will not preclude such party from any other exercise of any such right or the exercise of any other right. Any single or partial waiver by either party of any obligation of the other party under this Agreement will constitute a waiver of such obligation only as specified in such waiver and will not constitute a waiver of any other obligation.
21. Severability
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the parties will reform that provision to the extent necessary to enforce it and preserve the parties’ original intent, failing which, it will be severed from this Agreement with the balance of this Agreement continuing in full force and effect.
22. Entire Agreement.
This Agreement contains the entire agreement of the parties and supersedes any and all previous agreements, whether oral or written, between them with respect to its subject matter.