Bargain Network Membership Terms and Conditions of Purchase and Use
Acceptance of Terms of Use
These Terms and Conditions of Purchase and Use ("Terms") are between Bargain Network and "you", the person using Bargain Network's materials, web site and Member Services department ("Our Services"). By using Our Services you accept the Terms.
We occasionally change these Terms. Refer to this page on our website (www.bargain.com) for changes.
Terms of Purchase
The day you ordered marks the beginning of your free trial membership and your ability to access Our Services. The length of your free trial is the one offered to you at the time of purchase, and the MEMBERSHIP FEE (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase. You may have been offered, and agreed to purchase, a membership plan that did not include a free trial.
At the time of purchase you may have agreed to and been charged one or more separate one time fees such as an activation fee, enrollment or processing fee, shipping and handling, or trial period fee, as applicable.
At the time you ordered you may have been offered a continuity or a fixed term membership. If you ordered a continuity membership the MEMBERSHIP FEE is for Our Services during the period stated to you at the time of purchase and is not refundable. After the free trial, and every month thereafter until you cancel, your MEMBERSHIP FEE, or its monthly equivalent, will be automatically billed to your credit card (or debited from your checking account, if you authorized that option). You can cancel your continuity membership at any point and have no further obligation. Click here to cancel, or call us at 1-800-788-5648 if you are subscribed to Bargain Network Autos and 1-800-333-1915 if you are subscribed to Bargain Network Homes.
If you used a credit card you may be subject to a preauthorization at the time you order. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription charge may be reserved against your available credit card limit. Contact your credit card issuing financial institution for details.
If you ordered a fixed term membership the one time MEMBERSHIP FEE is for Our Services during the entire term of the membership, and will be automatically billed to your credit card (or debited from your checking account, if you authorized that option) after the free trial.
Privacy Policy
Registration, membership and certain other information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.
Limitations
Membership is limited to individuals 18 years and older, and is not valid in Oregon or outside the United States. Free trials are only available to first time customers and cannot be combined with any other offer.
Your membership is solely for personal use. You agree that you will not provide access to Our Services to non-members through your account, and that you are fully responsible for all activities under your password or account. Bargain Network will not be liable for any loss or damage arising from such activities, and reserves the right to terminate your access to Our Services, with or without notice.
For certain online marketing campaigns that require a membership tenure before a premium is earned, your MEMBERSHIP FEE for the first month will need to be processed before your membership is deemed eligible.
For certain online marketing campaigns that require a printed-out and mailed form, your membership must be active at the time the fulfillment center receives your form in the mail. Please refer to the terms on the offer for how long to allow for the fulfillment center to receive your form in the mail and verify your membership, and for how long to allow for the fulfillment center to process your request and forward your premium.
Access and Interface
By accessing the Bargain Network web site (at www.bargain.com) for Our Services or for any other reason, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Bargain Network web pages or the content contained herein without our prior written consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Bargain Network web site.
Use of Information and Ideas Submitted
You hereby acknowledge and agree that Bargain Network, Inc. is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Bargain Network or may have with a Bargain Network representative (the "Ideas"), and Bargain Network, Inc. shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Bargain Network for commercial purposes, including use by Bargain Network for developing, manufacturing and marketing products and creating, modifying or improving the Bargain Network or other products, services or Websites affiliated with the Bargain Network. Furthermore, by posting or displaying any such Ideas on our site, you hereby grant to us a nonexclusive, royalty-free license to display, use, reproduce or modify the Ideas.
No Resale of Our Services
You agree not to access, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Services.
Disclaimer of Warranties
Bargain Network is a publisher of information and does not broker real estate transactions or otherwise engage in real estate marketing activities. Bargain Network is a products and services information source. It receives its information from various sources, including Internet sites. It is not necessarily affiliated with or endorsed by these sources, or compensated by them. All materials and information available through Our Services are provided "as is" and "as available", and without warranties of any kind, express or implied.
We do not warrant that the information is always accurate, complete or current; that access to it will be available all the time, from every place, or that errors will be corrected. Bargain Network disclaims any responsibility and any warranties for sales, purchases, financing or other types of transactions involving products and services on which Our Services provide information. Your use of Our Services is solely at your own risk.
Because some jurisdictions do not permit the exclusion of certain warranties, some or all of these exclusions may not apply to you.
Limitation of Liability
Bargain Network is not liable for ANY damages of ANY kind that result from use of, or inability to use, Our Services. This applies to alleged liability of ANY basis, even if Bargain Network has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; In such jurisdictions Bargain Network's liability shall be limited to the extent permitted by law.
Indemnification
Upon a request by Bargain Network, you agree to defend, indemnify, and hold harmless Bargain Network and its affiliates, and their employees, contractors, agents, representatives, officers and directors from all liabilities, claims, and expenses, including without limitation attorneys fees, that arise from your use or misuse of this site. Bargain Network reserves the right, at its 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 Bargain Network in asserting any available defenses.
Bargain Network's Proprietary Rights
You acknowledge and agree that Our Services and any necessary software used in connection with Our Services (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Our Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bargain Network, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Our Services or the Software, in whole or in part.
Bargain Network grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Our Services. You agree not to access Our Services by any means other than through the interface that is provided by Bargain Network for use in accessing Our Services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bargain Network and our affiliates without express written consent of Bargain Network. You may not use any meta tags or any other hidden text utilizing Bargain Network's name or trademarks without the express written consent of Bargain Network. Any unauthorized use terminates the permission or limited license granted by Bargain Network and subjects you to potential legal action.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Bargain Network, its content suppliers and/or other content providers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Bargain Network and protected by U.S. and international copyright laws. All Software used on this site is the property of Bargain Network or its software suppliers and protected by United States and international copyright laws.
Trademarks
Bargain Network and other marks indicated on our site are registered trademarks of Bargain Network or its affiliates and/or subsidiaries, in the United States and other countries. Bargain Network and other Bargain Network graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Bargain Network or its affiliates and/or subsidiaries. Bargain Networks trademarks and trade dress may not be used in connection with any product or service that is not Bargain Networks, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bargain Network. All other trademarks not owned by Bargain Network, its affiliates or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bargain Network, its affiliates or its subsidiaries.
Third Party Intellectual Property Protection
Bargain Network believes that it is important to protect copyrights, trademarks, and other intellectual property rights. It is the policy of Bargain Network to respond to claims of intellectual property infringement in an efficient and expeditious manner. Bargain Network will take appropriate actions under the Digital Millennium Copyright Act (DMCA) if it receives notices of infringement complying with DMCA. DMCA notices of claimed infringement should be directed to the Bargain Networks registered agent for receiving such notices:
DMCA Notice
c/o Bargain Network, Inc.
6330 Hollister Avenue
Goleta, CA 93117
(805) 968-2020
Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local, national and international rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Choice of Law and Forum
These Terms are governed by California laws. Any action to enforce or interpret them shall be brought and maintained exclusively in the Superior Court of the State of California in Santa Barbara. The parties irrevocably submit to the jurisdiction of said court and waive all objections thereto and the right to remove such action to a Federal District Court.
Severability and Integration
Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between you and Bargain Network and its affiliates with respect to this site and our services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Bargain Network with respect to Bargain Network. If any part of these Terms of Use or the Privacy Policy 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.
Parties in Interest
Nothing in these Terms of Use is intended to confer any rights or remedies under or by reason of these Terms of Use on any persons other than the parties to these Terms of Use.
Notice
Notices to you may be made via either e-mail or regular mail. Our Services may also provide notices of changes to the Terms of Use or other matters by displaying notices (or links to notices) generally on Our Services.
Terms and Conditions for Emergency Roadside Service
You may have been offered a membership plan that included this service.
- The 24-hour roadside assistance services are available to you up to your benefit limit without any additional payments. You are responsible for any non-covered expenses.
- Your service begins on the date shown on your letter and continues until you are no longer an active, paying member of Bargain Network.
- All 24 Hour Roadside Assistance services are provided on behalf of Bargain Network by Brickell Financial Services Motor Club, Inc. dba Road America Motor Club, administrative offices at 3081 Salzedo Street, Coral Gables, Florida 33134. (For Mississippi and Wisconsin customers, services are provided by Brickell Financial Services Motor Club, Inc. For California customers, services are provided by Road America Motor Club, Inc.)
- In the event that service is not obtainable through Road America, you will receive a refund of your payments according to the coverage limits outlined in this agreement. You must first contact Road America for authorization to obtain independent services. You have the right to file a complaint by submitting a written complaint to Road America's Customer Care Department at 3081 Salzedo Street, Coral Gables, Florida 33134, or by contacting a representative at (800) 262-7262.
All of the services provided are described herein and are available 24 hours a day throughout the United States and Canada. There will be no additional payments or fees required for covered benefits and services. You only have to pay for any costs in excess of the $100 per occurrence limit, plus any non-covered expenses. However, we do wish to inform you that:
- Except in Wisconsin, this is not an Automobile Liability insurance contract.
- This is not an Automobile Physical Damage insurance contract.
For Emergency Roadside Assistance: Just call the TOLL-FREE Number on your membership card and a service vehicle will be dispatched to your assistance. Important: You (the Bargain Network member) must be present when the service provider arrives, as they cannot service an unattended vehicle and the benefits are not transferable to other individuals. Service provided must be a covered benefit under the terms and conditions described.
Note: Assistance obtained through any source other than Road America is not covered and is not reimbursable. You must use the toll-free number on your membership card to have an authorized network service provider dispatched to your assistance.
The following are covered emergencies, subject to the $100.00 per occurrence limitation. Note: Only one service call for the same cause will be covered during any seven-day period:
- Towing Assistance - When towing is necessary, the covered vehicle will be towed to the nearest qualified service facility or any location requested;
- Battery Service - If a battery failure occurs, a jump-start will be applied to start the covered vehicle;
- Flat Tire Assistance - Service consists of the removal of the flat tire and its replacement with the spare tire;
- Fuel, Oil, Fluid and Water Delivery Service - An emergency supply of fuel, oil, fluid and water will be delivered if you are in immediate need. You must pay for the fuel or other fluid when it is delivered;
- Lock-out Assistance - If your keys are locked inside of the vehicle, we will provide assistance in gaining entry to the vehicle.
- Collision Assistance - If your covered vehicle is involved in a collision, towing assistance will be provided when needed to direct the vehicle to the nearest qualified service facility.
The following items are not included as part of the emergency roadside assistance benefit:
Cost of parts, replacement keys, fluids, lubricants, cost of installation of products, or materials. Non-emergency towing or other non-emergency service. Any service available through a valid manufacturer's warranty or service. Mounting or removing of snow tires or chains. Tire repair. Winching. Commercial trucks over one and a half ton capacity, antique vehicles (meaning vehicles over 20 years old or out of manufacture for 10 years or more), taxicabs, limousines, or other commercial vehicles. Camping trailers, travel trailers, or any vehicles in tow. Any and all taxes, fines. Towing from or repair work performed at a service station, garage or repair shop. Towing by other than a licensed service station or garage; vehicle storage charges; a second tow. Service on a vehicle that is not in a safe condition to be towed or that is in such condition that service is likely to result in damage to the vehicle. Towing or service on roads not regularly maintained, such as sand beaches, open fields, forests, and areas designated as not passable due to construction, etc. Towing at the direction of a law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking, or other violations of law. Service in the event of emergencies resulting from the use of intoxicants or narcotics or the use of the covered vehicle in the commission of a felony. Service if the member is not present with the vehicle. Repeated service calls for a covered vehicle in need of routine maintenance or repair. Only one disablement for the same service type will be accepted during any seven-day period. Service secured through any source other than Road America Motor Club -- THIS IS NOT A REIMBURSEMENT SERVICE.
SERVICE PROVIDER NETWORK: ROAD AMERICA OPERATES THROUGH A NETWORK OF CONTRACTED SERVICE PROVIDERS WHO HAVE AGREEMENTS WITH ROAD AMERICA TO PERFORM ROAD AND TOWING SERVICE FOR ROAD AMERICA CUSTOMERS. AS INDEPENDENT CONTRACTORS, THEY HAVE EXCLUSIVE CONTROL OVER THEIR OWN EQUIPMENT AND PERSONNEL. ROAD AMERICA IS NOT RESPONSIBLE FOR THEIR ACTS OR OMISSIONS.