"We", "Us", "Our" refers to the operators and owners of SEARCHABLE.
"Site" refers to searchable.com website and all its sub-domains.
iii. “Portal" refers to my.searchable.com website.
iv. "Merchant" and "Merchants" refers to the business owners using services we provided to them through the SITE.
v. "Establishment" refers to the location of the merchant as defined by address, latitude, longitude, etc.
vi. “Business Site" refers to any domain or sub-domain that is accessible through the SITE that corresponds to a merchant.
vii. “User" and "Users" refers to anyone who in anyway uses the SITE. viii. "You" and "Your" refers to you, as a user of the SITE.
ix. "Account" refers to the account a user will access the PORTAL with. b. SERVICES
i. "Coupon" is a coupon that a merchant may issue to be available for acquisition on the site and their BUSINESS SITE.
ii. "Electronic Gift Card" is an eCard that a merchant may sell on their BUSINESS SITE.
iii. “Deal" is a special being hosted by a merchant includes a coupon and/or an electronic gift card. c. CONTENT
"Content" includes text, images, audio, video, and all other forms of data and communication.
"Business Content" is content that a merchant has created for their BUSINESS SITE.
iii. “Searchable Content" is content that we have created for the SITE.
"User Content" is content that a user has created for the SITE.
"Third Party Content" is content that originates from entities other than users, merchants, or us on the SITE.
SEARCHABLE may modify the TERMS from time to time. You understand and agree that your access to and/or use of the SITE is governed by the TERMS effective at the time of your access to and/or use of the SITE. Indicated at the top of this page is the date that revisions were last made. You should revisit these TERMS on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new TERMS. You understand and agree that your continued access to or use of the SITE after the effective date of modifications to the TERMS indicates your acceptance of the modifications.
We may translate these TERMS into other languages for your convenience. Nevertheless, the ENGLISH version governs your relationship with SEARCHABLE, and any inconsistencies among the different versions will be resolved in favor of the ENGLISH version.
The SITE is a platform that allows users to locate and connect with merchants around the globe. The SITE will retrieve and display a list of merchants in the user’s vicinity hosting deals on their BUSINESS SITE. The user may also specify a specific location and/or goods and services they would like to view.
The BUSINESS SITE allows the user to gather information about the merchant such as but not limited to, merchant description, hours of operation, location information and directions to the establishment. The merchant may also choose to display coupons that a user may redeem and use at their establishment within the time frame specified on the coupon. The merchant may also sell electronic gift cards on the BUSINESS SITE which are available for purchase and will link to the users ACCOUNT.
The Portal is used by the user to acquire and/or redeem Deals from the Merchants on SEARCHABLE. You are required to create an account for the Portal in order to purchase any ELECTRONIC GIFT CARD. This is required so we can provide you with easy access to view your past purchases, modify your preferences, and to ensure permissible use of the GIFTCARD.
7.1 You may only create and hold one account on the Site for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, payment data; and (b) opt-out of persistent login. You understand and agree that Searchable shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account. Your account will not be discontinued or canceled for zero activity. If there is zero activity and you will not lose any gift cards that were purchased through Searchable if your account is not maintained with current information, including a valid credit card.
8.1 You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the SITE accessible, the SITE may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, SITE access may be interrupted, suspended or terminated. SEARCHABLE retains the right at our sole discretion to deny service, or access to the SITE to anyone or an account, at any time and for any reason.
9.1 The content and information on the SITE as well as the infrastructure used to provide the content, is proprietary to us and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the SITE.
10.1 Because we do not control the security of the Internet or other networks you use to access the SITE or communicate with us, we can't be, and are not responsible for, the security of information that you choose to communicate with SEARCHABLE the SITE while it is being transmitted. In addition, SEARCHABLE is not responsible for any data lost during transmission.
12.1 You are responsible for maintaining the confidentiality of any password you receive to access the SITE, and are fully responsible for all activities that occur under your password. You agree to notify SEARCHABLE immediately of any unauthorized use of your password. You must provide current, accurate, and complete information about yourself that may be required as part of the account creation process and/or continued use and participation the SITE. You must maintain and promptly update any account information provided to SEARCHABLE to keep it accurate, current and complete.
13.1 You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. SEARCHABLE may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that you’re copyright or other rights have been infringed, please provide a written notice to our Designated Agent with the following information:
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Deep Rock Ventures Inc., SEARCHABLE
1534 N Moorpark Rd # 312
Thousand Oaks, CA 91360
Attn: Support Email:firstname.lastname@example.org
If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.
14.1 Copyright 2015, SEARCHABLE. All rights reserved. SEARCHABLE is a registered trademark of Deep Rock Ventures Corporation. Other names appearing on the SITE may be trademarks of their respective owners. Deep Rock Ventures Corporation prohibits use of any SEARCHABLE trademark as a "hot" link to any website unless Deep Rock Ventures Corporation approves such use in writing.
14.2 You will not upload, post or otherwise make available on the SITE any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SEARCHABLE does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the SITE you warrant that the owner of such material has expressly granted SEARCHABLE, the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, and store or reproduce the material for such user's personal use. You also grant SEARCHABLE the right to edit, copy, publish and distribute any material that you make available on the SITE.
15.1 We do not accept or consider, directly or through any SEARCHABLE employee or agent, unrequested ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. If you send us unrequested materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: a. SEARCHABLE has no obligation to review any unrequested materials, nor to keep any unrequested materials confidential; b. SEARCHABLE will own, and may use and redistribute unrequested materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you;
16.1 Any information provided to SEARCHABLE regarding SEARCHABLE products and services shall be provided by the submitter and received by SEARCHABLE, on a non-confidential basis and such information shall be deemed the property of SEARCHABLE. By submitting any such information to SEARCHABLE you agree to a no-charge assignment to SEARCHABLE, of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. SEARCHABLE shall be free to use such information on an unrestricted basis. For any other content provided to SEARCHABLE you agree that such information is provided to SEARCHABLE on a non-confidential basis and by uploading, emailing, posting, disclosing, publishing or otherwise transmitting content to any SEARCHABLE site or submitting any content to SEARCHABLE, you automatically grant or warrant that the owner of such rights has expressly granted SEARCHABLE and all other SEARCHABLE community members a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
17.1 ALL SEARCHABLE CONTENT, MATERIALS, INFORMATION, DOCUMENTS, OPINIONS, RECOMMENDATIONS, ADVICE, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON OR OBTAINED THROUGH ANY SEARCHABLE SITE (COLLECTIVELY, THE "INFORMATION"), ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS. SEARCHABLE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SEARCHABLE AND ITS SUPPLIERS MAKE NO WARRANTY THAT: A. SEARCHABLE WILL MEET YOUR REQUIREMENTS; B. SEARCHABLE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; C. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SEARCHABLE WILL BE ACCURATE OR RELIABLE; D. THE QUALITY OF ANY INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH SEARCHABLE WILL MEET YOUR EXPECTATIONS; ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SEARCHABLE IS DONE ENTIRELY AND SOLELY AT YOUR OWN DISCRETION AND RISK. SEARCHABLE AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA AND/OR USE AND ANY OTHER DAMAGES TO YOUR COMPUTER SYSTEMS OR YOUR ENVIRONMENT, THAT RESULTS FROM OR IS RELATED TO THE DOWNLOAD OR USE OF ANY INFORMATION OBTAINED THROUGH ANY OF THE SEARCHABLE SITES. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBATINED BY YOU THROUGH SEARCHABLE, ANY OF THE ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, THE "SEARCHABLE PARTIES") THROUGH ANY OF THE SEARCHABLE SITES. SEARCHABLE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE MERCHANT OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. PROBLEMS THAT ARE CAUSED BY YOUR USE OF, OR FAILURE TO PROPERLY USE, THE INFORMATION OBTAINED THROUGH ANY OF THE SEARCHABLE SITES, SITES MAY, AT SEARCHABLE'S SOLE DISCRETION, BE EXCLUDED FROM COVERAGE UNDER THE APPLICABLE SEARCHABLE, WARRANTY OR MAINTENANCE AGREEMENT.
18.1 IN NO EVENT SHALL SEARCHABLE AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM: A. YOUR ACCESS TO, OR USE OF OR INABILITY TO USE, ANY SEARCHABLE SITE OR ANY INFORMATION (AS DEFINED IN SECTION 5 ABOVE);B. YOUR RELIANCE UPON ANY OF THE CONTENT OR INFORMATION ON ANY SEARCHABLE SITE, TERMINATION OR SUSPENSION OF YOUR ACCOUNTS OR ACCESS TO ANY SEARCHABLE SITE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY SEARCHABLE PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRATY AND THE EXTENT OF THE SEARCHABLE, PARTY'S LIABILITY SHALL BE THE MINIMAL PERMITTED UNDER SUCH APPLICABLE LAW.
19.1 You agree to indemnify, defend and hold SEARCHABLE and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders ("INDEMNIFIED PARTIES") harmless from any damage, loss, cost or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third party claim, demand or action ("CLAIM") brought or asserted against any of the INDEMNIFIED PARTIES: a. Alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or; b. Arising from, related to, or connected with your use of the Services; If you are obligated to provide indemnification pursuant to this provision, SEARCHABLE may, in its sole and absolute discretion, control the disposition of any CLAIM at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of SEARCHABLE.
20.1 The SITE may contain links to websites maintained by other parties not affiliates with SEARCHABLE. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. You agree that SEARCHABLE is not responsible for the availability of, and content provided on, third party web sites. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You agree that SEARCHABLE is not responsible for third party content accessible through any SITE content including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the access to and use of such web sites and content therein. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that SEARCHABLE is not responsible for: a. the quality of third party products or services’. Fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services; you agree that SEARCHABLE is not responsible for any loss or damage of any sort you may incur from dealing with any third party. If you decide to access websites maintained by other parties, you do so at your own risk.
21.1 When you use the SITE we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools and web server logs. As you use the SEARCHABLE SITE and applications, your browser and devices communicate with servers operated by us, our business partners and services providers to coordinate and record the interactivity and fill your requests for services and information. The information from cookies and related technology is stored in web server logs and also in web cookies kept on your computers or mobile devices, which are then transmitted back to our server by your computers or mobile devices. These servers are operated and the cookies managed by us, our business partners or our service providers. For example, when you visit our SITE our service providers may place cookies on your computers or mobile devices. Cookies allow us to recognize you when you return, track and target your interests in order to provide a customized experience. They also help us provide a customized experience and help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser that stores information about your account, your preferences, and your use of the SITE. Some cookies contain serial numbers that allow us to connect your ACCOUNT activity with other information we store about you in your profile or as related to your interactions with the SITE.
Some cookies are temporary, whereas others may be configured to last longer. "Session" cookies are temporary cookies used for various reasons, such as to manage page views. Your browser usually erases session cookies once you exit your browser. "Persistent" cookies are more permanent cookies that are stored on your computers or mobile devices even beyond when you exit your browser. We use persistent cookies for a number of purposes, such as retrieving certain information you have previously provided (such as your user id if you asked to be remembered), and storing your preferences. Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed specific actions. When you access these pages or open email messages, the pixel tags and web beacons generate a notice of that action to us, or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.
We collect many different types of information from cookies and other technologies. For example, we may collect information from the devices you use to access the SITE, your operating system type, mobile device model, unique device identification number, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone of your device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol ("IP") addresses of the devices you use to interact with the SITE. An IP address is a unique identifier that devices used to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to the SITE and the website you visit after you leave the SITE if this information is supplied to us by your browser. In many cases, the information we collect using cookies and other tools is used in non-identifiable ways. For example, we use information we collect about SEARCHABLE users to optimize our SITE and understand its traffic and usage patterns. Additionally, if the settings on your location-aware device allow us to receive geo-location information, we will collect that automatically.
22.1 All matters relating to your access to or use of the SITE shall be governed by the laws of the United States and California. Any legal action or proceeding relating to your access to or use of, the SITE shall be instituted in a state or federal court in Ventura County, California. You and SEARCHABLE agree to submit to the jurisdiction of, and agree that the venue is proper in, these courts in any such legal action or proceeding.
23.1 By posting content or information on or through the SITE, you grant SEARCHABLE a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the content alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sub license such rights through multiple tiers of sub licensees. Your license of any content or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
25.1 All Coupons, Deals and/or Gift Cards printed from the Searchable.com website or any other website Associated with our deals are promotional items that may be claimed from participating merchants ("Merchants") through SEARCHABLE.COM ("SEARCHABLE.COM", "we", "us" or "our") to be used in exchange for goods and services at a discount from their actual cost. By claiming a Coupon, and/or Gift Card from a Merchant through SEARCHABLE.COM, you have selected on the terms and conditions stated below, which supplement the Terms of Service and Use Agreement of SEARCHABLE.COM located at: http://cms.paypal.com/cgibin/marketingweb?cm=_rendercontent&content_ID=ua/BuyerProtComp_full &locale.x=en_US, which is incorporated by reference. You are required to create an account in order to purchase any GIFT CARD.
26.1 “Restaurant" shall be defined as a Merchant who offers food and beverages for sale in its regular business operations, makes greater than thirty percent of its revenue from food, and is making such food and/or beverages available to purchasers of vouchers.
26.2 Redemption frequency is determined by Restaurants, and shall be contained in Coupons, Deals, and/or Gift Cards.
26.3 Use of Coupons, Deals, and /or Gift Cards for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.
26.4 Coupons, Deals, and/or Gift Card cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant. By purchasing your Gift Card, you will be asked to input information, such as your credit card number, name, address, and telephone number that is necessary to process payment for the Gift Card. You agree that this information may be shared with a third- party vendor for the purpose of processing the credit card purchase transaction.
26.5 Valid for dine in only unless otherwise stated.
27.1 Coupons, Deals and/or Gift Cards may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
28.1 Gift Cards are subject to terms and conditions.
28.2. All Gift Cards shall be subject to the terms and conditions of SEARHABLE.COM and the participating Merchant, to the extent they are not inconsistent with these terms and conditions. The Merchant is the seller of the goods or services which you are redeeming and/or purchasing.
29.1 SEARCHABLE.COM may utilize a Third Party vendor (for example, Authorize.Net) to manage credit- card processing. You further agree that to the extent this provision is inconsistent with the Searchable.com Terms of Service and Use Agreement, this provision alone shall control.
30.1 The holder and issuer of any Coupon and/or Gift Card is the Merchant. As a holder and issuer of the Coupon, Deal, and/or Gift Card the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of you, caused in whole or in part by the Merchant, as well as for Any unclaimed property liability arising from unredeemed vouchers or portions thereof. SEARCHABLE.COM does not control any Merchant.
30.2 You waive and release SEARCHABLE.com and its affiliates, officers, directors, employees, agents, successors and assigns from any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Coupon, Deal, and or Gift Card provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the vouchers or any portion thereof.
31.1 Eligibility requirements are determined solely by Merchants, and shall be contained in the Coupon, and/or Gift Card offer.
32.1 There is no limit on the amount of Coupons that can be redeemed unless specified by the Merchant. Only one Coupon and/or Gift Card can be used per transaction unless specified by the Merchant.
32.2 Coupons and/or Deals are only valid one-time use. Coupons and/or Deals are redeemable only in their entirety and may not be redeemed incrementally.
32.3 Gift Cards may be redeemed incrementally while funds are available.
32.4 Neither SEARCHABLE.COM nor the Merchant are responsible for lost or stolen Coupons and/or Gift Card reference numbers.
32.5 Reproduction, sale or trade of coupons, deals, and or gift cards is prohibited unless done in compliance with applicable law.
32.6 Any attempted redemption of a voucher not consistent with these terms & conditions will render the Coupons, Deals, and or Gift Cards void.
32.7 Gift Cards may have specific terms, which will be presented to you at the time you commit to purchase the Gift Card. These Gift Card specific terms supersede any inconsistent terms in this agreement, except to the extent such terms are prohibited by applicable law.
32.8 Unless otherwise stated at the time a Gift Card is purchased, the Gift Card price does not include sales, value added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Gift Card.
33.1. The Coupons, Deals and/or Gift Cards can be accessed from countries from around the world; some Coupons, and/or Gift Cards may not be available for redemption or purchase to persons residing in certain jurisdictions or geographic areas. The Merchant reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Coupon, Deal, and/or Gift Card to a person residing in any jurisdiction or geographical area. SEARCHABLE.COM does not represent or warrant that any Coupons, Deals, and/ or Gift Cards on the site will be available for redemption and/or purchase by any particular reason.
34.1 SEARCHABLE.COM may utilize a Third Party vendor (for example, PayPal) to manage credit-card processing. When you purchase your gift cards, you will be asked to input information, such as your credit card number, name, address, and telephone number that is necessary to process payment for the gift cards. You agree that this information may be shared with a third- party vendor for the purpose of processing the gift card purchase transaction. You further agree that to the extent this provision is inconsistent with the SEARCHABLE.COM Terms of Service and Use Agreement, this provision alone shall control.
35.1 The expiration date for coupons, deals and/or gift cards is as printed on the coupon, deal and/or gift card. The participating Merchant reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a coupon, deal and/or gift card for any product or service to a person residing in any jurisdiction or geographical area.
35.2 Gift cards contain both a paid value and/or a promotional value. For example, if you pay $10.00 for $40.00 worth of services, the gift card has a paid value of $10.00, and a promotional value equal to the difference between the face value ($40.00) and the paid value (i.e., $30.00). If the expiration of the paid value of the gift card as of the date printed on the gift card is prohibited under the law of the jurisdiction in which the Merchant is located, then the gift card shall expire as follows: the promotional portion of the gift card will expire on the date printed on the gift card, and the paid portion of the gift card will expire five (5) years from the date the gift card is issued, except to the extent applicable law requires that the Merchant extend the period in which the gift card may be redeemed. The Merchant reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Coupon, Deal, and/or Gift Card to a person residing in any jurisdiction or geographical area.
35.3 The Merchant is obligated to honor the coupon, and/or gift card in compliance with law. SEARCHABLE.COM is not held liable if the Merchant refuses to honor the coupon, deal and/or gift card. Additionally, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you.
35.4 Before placing an order for a gift card, please check your order carefully. You are able to cancel your order at any time before your credit card and/or bank account is charged. SEARCHABLE.COM cannot offer refunds or exchanges once your credit card and/or bank account has been charged. Refunds or exchanges are contingent based on the Merchant(s) return or exchange policy. Once you have purchased a gift card, you agree not to dispute or seek a charge back from any Third Party Payment Processor.
36.1 Refunds or exchanges are made in accordance with PayPal’s User agreement. If a refund of a purchase Gift Card is made, a fixed fee of the portion of the purchase payment fee will be kept by PayPal. The buyers account will be credited with the full purchase payment to their account and the fixed fee portion of the purchase payment fee will be deducted from the Merchants account, in addition to the amount of the refunded payment. The fixed fee will depend on the currency of the original purchase payment.
36.2 PayPal is easy, secured and trusted. PayPal has extensive and (free) protections for all consumers and buyers that automatically apply to most Searchable transactions:
37.1 Login to PayPal, click the "Payments sent" link, find the payment to the seller, click the "Details" button, and find the link to the "Resolution Center". From there file dispute and escalate to a claim. Please notify Searchable if you file a dispute against a seller! Please do not file a dispute against SEARCHABLE! If there is no resolution between you and the Merchant please email the resolution center at: email@example.com for any and all OTHER inquiries.
38.1 SEARCHABLE.COM MAKES NO REPRESENTAIONS OR WARRANTIES WHATSOEVER CONCERNING ANY PRODUCTS OR SERVICES ADVERTISED OR SOLD BY MERCHANT (INCLUDING, WITHOUT LIMITATION, THE QUALITY, SAFETY OR LEGALITY OF SUCH PRODUCTS OR SERCVICES OR THE SALE THEREOF), OR ANY COUPONS, DEALS, GIFT CARDS OR OTHER PROMOTIONAL MATERIALS OR REPRESENTATIONS ACCESSIBLE THROUGH THE USE OF SEARCHABLE.COM. ANY COMMERICAL, SALES, USE, MEMBERSHIP, SUBSCRIPTION, AFFILIATION, PARTICIPATION, AND PROMOTIONAL RELATIONSHIP MERCHANT MAY CREATE WITH YOU, INCLUDING OBLIGATIONS UNDERTAKEN BY MERCHANT WITH RESPECT TO DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS AND WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND MERCHANT.
39.1 Any action or proceeding brought by you under or relating to this agreement shall be brought in a state or federal court located in Ventura County, California. This agreement will be governed by and construed in accordance with the laws of the state of California without regard to conflicts of law principles. Any claim against SEARCHABLE.COM arising from this agreement shall be adjudicated on an individual basis, and shall not be prosecuted as a class action or consolidated in any proceeding with any claim or controversy by any other party.
40.1 Searchable makes use of Google Maps API(s) so by using Searchable's website and applications, users are bound by Google's Terms of Service