Pricestore Membership Terms and Conditions of Purchase and Use

Acceptance of Terms of Use

These Terms and Conditions of Purchase and Use ("Terms") are between Pricestore and "you", the person using Pricestore'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 our website (www.pricestore.com) for changes and additional terms specific to Internet usage.

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 call us at 1-800-211-0000 to cancel your continuity membership at any point and have no further obligation. Cancellations must be done by telephone.

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 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. Pricestore 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.

Access and Interface

By accessing the Pricestore web site (at www.pricestore.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 Pricestore 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 Pricestore web site.

Use of Information and Ideas Submitted

You hereby acknowledge and agree that Pricestore is free to use any comments, information, ideas, concepts, reviews, techniques or other information contained in any communication you may send to Pricestore or may have with a Pricestore representative (the "Ideas"), and Pricestore shall have no obligation to compensate you in any way for the Ideas, even if the Ideas are used by Pricestore for commercial purposes, including use by Pricestore for developing, manufacturing and marketing products and creating, modifying or improving the Pricestore or other products, services or Websites affiliated with the Pricestore website. 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

Pricestore 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. Pricestore 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

Pricestore 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 on ANY basis, even if Pricestore 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 Pricestore's liability shall be limited to the extent permitted by law.

Indemnification

Upon a request by Pricestore, you agree to defend, indemnify, and hold harmless Pricestore 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. Pricestore 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 Pricestore in asserting any available defenses.

Pricestore'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 Pricestore, 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.

Pricestore 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 Pricestore 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 Pricestore and our affiliates without express written consent of Pricestore. You may not use any meta tags or any other hidden text utilizing Pricestore's name or trademarks without the express written consent of Pricestore. Any unauthorized use terminates the permission or limited license granted by Pricestore 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 Pricestore, 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 Pricestore and protected by U.S. and international copyright laws. All Software used on this site is the property of Pricestore or its software suppliers and protected by United States and international copyright laws.

Trademarks

Pricestore and other marks indicated on our site are registered trademarks of Pricestore or its affiliates and/or subsidiaries, in the United States and other countries. Pricestore and other Pricestore graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Pricestore or its affiliates and/or subsidiaries. Pricestore's trademarks and trade dress may not be used in connection with any product or service that is not Pricestore's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pricestore. All other trademarks not owned by Pricestore, 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 Pricestore, its affiliates or its subsidiaries.

Third Party Intellectual Property Protection

Pricestore believes that it is important to protect copyrights, trademarks, and other intellectual property rights. It is the policy of Pricestore to respond to claims of intellectual property infringement in an efficient and expeditious manner. Pricestore 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 Pricestore's registered agent for receiving such notices:

Marcos Christodoulou
c/o Pricestore
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 Pricestore 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 Pricestore with respect to Pricestore. 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.



Extended Warranty Terms & Conditions

DEFINITIONS:

Membership – means the person listed as the primary member on a current Pricestore.com account, whereby the member is beyond the free trial period and monthly usage dues have been paid in full.

COVERAGE DESCRIPTION:

Extended Warranty covers most new products purchased in the United States of America found entirely with the Pricestore.com Member’s Bargain Network Account that come with an original manufacturer’s written warranty of two years or less. For qualified purchases, Extended Warranty doubles the warranty time period and duplicates the coverage of the original manufacturer’s written warranty for up to a maximum of one additional year. If the original manufacturer’s written warranty is for more than two years, no coverage will apply. The Extended Warranty coverage begins the day after the original manufacturer’s written warranty expires. The coverage is automatic for new items purchased in the United States of America, including new purchases made on-line, unless otherwise excluded, if the Member pays the entire purchase price using his or her Bargain Network Account to located the product, and said member is an active paying Bargain Network Member of Pricestore.com. Purchases need not be registered.

Coverage is excess of any other applicable insurance or indemnity. If the Member has any other insurance that would cover the eligible purchases, Extended Warranty will pay the amount not covered by the Pricestore.com Member’s primary insurance up to the amount the Member paid for the item subject to the limits listed below. In no event will this coverage apply as contributing insurance. This "non-contribution" clause will take precedence over the "non-contribution" clauses found in other insurance or indemnity language.

Most new items of personal property the Member buys in the United States of America with his or her Bargain Network Account are covered against product failure after the original manufacturer’s written warranty expires for up to a maximum of one year. Coverage is limited to the cost of the item as recorded on the sales receipt up to $2,000 per item and a total of $5,000 per membership, per year.

Valid claims will be satisfied either by repairing, rebuilding or replacing the item with an item of like kind and quality or by reimbursing the Member in an amount not to exceed the total purchase price of the item found with his or her Bargain Network Account (excluding delivery and transportation costs), subject to the coverage limits listed above. In the event of a loss, We will be liable for the lesser of the following amounts: a) the amount of the covered purchase (excluding delivery and transportation costs), subject to the coverage limits listed above; or b) the actual cost to repair or rebuild the covered purchase or replace the covered purchase with an item of like kind and quality, subject to the coverage limits listed above.

The Member must have authorization from the warranty claim office before having the product repaired or replaced. Failure to notify the warranty claim office prior to having repairs done or replacing the item may result in denial of the claim. Diagnostic and teardown costs will be the responsibility of the Member if the product failure is not covered under the terms of the original manufacturer’s warranty.

Failure to promptly notify the warranty claim office, to promptly and fully complete and submit the claim and to follow all of the claim procedures and instructions will result in the denial of the Pricestore.com Member’s claim. Please see “How To File An Extended Warranty Claim” below for information about the claim process.

What is NOT covered:

  • Any physical damage to the product, including damage as a direct result of Acts of God (including but not limited to flood, hurricane and earthquake) or power surges.
  • Travelers checks; tickets of any kind; negotiable instruments; cash or its equivalents; circulating currency; bullion; rare or precious coins; philatelic and numismatic property; passports; documents.
  • Damage, loss or theft through normal course of play or consumption; mysterious disappearance; inherent product defects.
  • Losses due to normal wear and tear, misuse, fraud, gradual deterioration and/or abuse.
  • Items that the Member damages through alteration (including cutting, sewing, sawing, or shaping).
  • Used, rebuilt or remanufactured items.
  • Watercraft; aircraft.
  • Mechanical breakdown of motorized vehicles of any type (including but not limited to airplanes, automobiles and motorcycles) or their motors, equipment and accessories (including but not limited to communication devices intended solely for use in the vehicle).
  • Real property; structural items intended for storage, transport, display or habitation.
  • Damage caused by vermin.
  • Living plants, animals, consumable and perishable items.
  • Diagnostic charges in the absence of any covered repairs.
  • Any shipping charges, transportation and delivery charges, or promised time frames for delivery, whether or not they are stated or covered by the manufacturer’s warranty.
  • Product guarantees (for example, glass breakage) or “satisfaction guaranteed” items.
  • Items purchased for resale, professional or commercial use.
  • Professional services (including but not limited to the performance or rendering of labor or maintenance; repair or installation of products, goods or property; or professional advice of any kind, including but not limited to information/services or advice secured from any help or support line).
  • Damage caused by or resulting from: war (whether declared or not) or hostilities of any kind (for example, invasion, rebellion, insurrection, riot or civil commotion); confiscation or damage by any government, public authority or customs official; risks of contraband; illegal activity or acts.
  • Damage caused by or resulting from: radioactive contamination.
  • Consequential damage or loss, including bodily injury, property damage or punitive damages, are not covered, nor are resulting attorney’s fees and legal costs.


How To File An Extended Warranty Claim:

  1. Send an email to the extendedwarranty@pricestore.com claim office to report the claim within 45 days of the date of the occurrence. The Member will be sent a Claim Form.
  2. Complete and sign the Claim Form and return it within 90 days from the date of the occurrence, along with any other requested information and a copy of:

    3. * Receipt for the item clearly displaying price and date of purchase;
    * Bargain Network Account statement showing current membership status.
    * Itemized store receipt for the purchase of the item.
    * Copy of the original manufacturer’s written warranty.
    * Copy of the repair estimate.

  3. The Member must file his or her claim within 90 days from the date of the occurrence. This means the claim form and all required documentation must be postmarked within 90 days from the date of the occurrence, or we will not be able to honor the claim.
  4. Please keep the item until the claim has been finalized. The claim adjuster may request that the Member send the item to the warranty claim office at the Pricestore.com Member’s expense.
  5. For eligible claims, the claim adjuster will decide whether to have the item repaired, rebuilt or replaced with an item of like kind and quality or to reimburse the Member up to the amount paid for the item (excluding delivery and transportation costs), subject to the coverage limits listed above.

  • It is a condition of this coverage that the Member, as often as may be reasonably required by Us, will submit, and within the Pricestore.com Member’s power cause others to submit, to examinations under oath and will produce for examination all writings, books of account, bills, invoices and vouchers, or certified copies thereof, at such reasonable time and place as we may designate and will permit extracts and copies thereof to be made.
  • Until 60 days after the Member has provided proof of loss, no action at law or in equity may be brought to recover on this coverage. After the expiration of three (3) years from the time written proof of loss was to be provided, no action shall be brought to recover on this coverage.
  • INSURER'S OPTION TO RETAIN GOODS: We shall have the option to take all, or any part, of the goods at the agreed or appraised value, or to repair, rebuild or replace such property with other of like kind and quality within a reasonable time, on giving notice of its intention to do so or within sixty (60) days after the receipt of the proof of loss herein required. Failure of the Member to send the goods to the warranty claim office at the Pricestore.com Member’s expense upon request will result in coverage being voided for the loss.
  • If payment is made under Extended Warranty, We are entitled to recover such amounts from other parties or persons. Any party or person to or for whom We make payment must transfer to Us his or her rights to recovery against any other party or person. Should this occur, the Member must give Us all assistance as We may reasonably require to secure Our rights and remedies, including the execution of all documents necessary to enable Us to bring suit in the Pricestore.com Member’s name. The Member must do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from the Member.
  • All benefits payable will be paid to the Member, or in the case of death, to the Pricestore.com Member’s estate. No person or entity other than the Member shall have any legal or equitable right, remedy, or claim for insurance proceeds and/or damages under or arising out of this coverage.
  • Bargain Network dba Pricestore.com or the Insurer can cancel or choose not to renew this coverage for all Members. If this happens, Pricestore.com will notify the Member at least 60 days in advance of the expiration of the Insurance. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by the same Insurer. Insurance benefits will still apply to claims that occurred prior to the date of such cancellation or non-renewal, provided all other terms and conditions of Coverage are met.
  • Misrepresentation and Fraud: Coverage as to a Member shall be void if, whether before or after a loss, the Member has concealed or misrepresented any material fact or circumstance concerning this Coverage or the subject thereof, or the interest of the Member therein, or if the Member commits fraud or false swearing in connection with any of the foregoing.


This Terms & Conditions contains all agreements between the Member and Us and replaces any prior oral or written communications on that subject. No agent may alter this Terms & Conditions.