Ultimate Search Guide Terms of Membership

Ball LLC (“us” or “we”) owns and operates www.ultimatesearchguide.com (the “Site”).

We reserve the right to amend these Terms of Membership at any time and from time to time without notice to you.  You agree that it is your responsibility to review these Terms and Conditions and you agree that any such amendment will apply to you.  Continued use of the Program after any modifications to the Terms of Membership constitutes and acknowledges acceptance.

Program Fees

Ultimate Search Guide offers you your own webstore including hosting and access to drop shipping products. The service fee is $39.95 and is non-refundable and billed automatically at the beginning of each month until you cancel.  Activation charges will be billed to the credit or debit card used to signup immediately.  You are responsible for all expenses associated with the Program, including but not limited the cost of products you sell, advertising, and applicable taxes.  If you have any questions or need help please call our Member Services department, available 6AM - 6PM PST Monday – Friday:

Member Services toll-free number: 1-800-706-5214

Program Services

As described more fully in your free membership kit, as a member, we will give you auction tips, help you to custom-build your own webstore and allow you access to thousands of products at discounted prices.  We reserve the sole right to discontinue Program features or the Site, or modify any features in the Site without notice to you.  Any Program or Site modifications shall also be subject to these Terms of Membership.

Customer Remedy

WE PROVIDE THE PROGRAM, ALL WEBSITES, PRODUCTS AND SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING AND NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTY THAT (1) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES AND MATERIALS WILL BE ERROR-FREE, (3) USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.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 SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM ITS USE.

Limitation of Our 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.
These warranties exclude all special, indirect, incidental, consequential, or punitive damages.  Our Company and its affiliates and suppliers shall not be liable for any damages whatsoever including but not limited to loss of business profits, loss of service, business interruption, or other losses.  Our Company’s entire liability, and your exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option.  We limit replacement to thirty days. 

The Membership Kit and other Program materials may include sample agreements and other documents, including financially and/or legal documents such as contracts and other items ("Forms"). These Forms are provided for educational purposes only and are only provided as examples.  We do not give legal, financial or accounting advice.  We recommend consultation with a proper professional licensed in your jurisdiction before using any Forms.

We shall not be liable for any third-party goods or services offered through the Site.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY.  AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Legal Forum, Choice of Laws
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to principles of conflicts of law, and the parties consent to the exclusive jurisdiction of the State and federal courts having jurisdiction over Los Angeles, California.

Data and Privacy

By agreeing to these Terms of Membership and signing up for our free offer, you are also agreeing to our Privacy Policy, located at: http://www.ultimatesearchguide.com/signup_static/pop_files/ab_privacy.html.  As part of our Privacy Policy, we may share your personal information with third parties.

You agree that that all information and/or data submitted when signing up is true and accurate.  You also agree that you will update this information to keep it accurate.

Payment of Program Membership Fees

Ultimate Search Guide offers your own webstore including hosting and access to drop shipping products.  If you don't cancel you will be charged $39.95. If you elect to continue to participate, as a convenience the same credit card you used to signup will be charged a monthly service fee of $39.95.  .  activation charges will be billed to the credit or debit card used to signup immediately.  By signing up you agree to pay and authorize the activation fees associated with the offer and the monthly reoccurring fees.  If for any reason your payment obligation is declined or charged back by your bank you agree that we may at our option suspend and/or terminate your membership and that you will be liable for any overdue amounts.  We may charge a reasonable collection fee for delinquent accounts.  Even if you do not use the service, you agree that you will remain enrolled and liable for the membership.  In the event that we choose to take legal remedies to collect on delinquent accounts, the prevailing party shall be entitled to reimbursement of reasonable attorney fees.  

Third Party Sites and Information

We shall not be liable for any third-party goods or services offered or linked to through the Site.  Such sites may contain materials that you may not approve of and/or find offensive. Third-party sites are not under our control and you agree that we are not liable or responsible for the content on other sites.  Links and services for third-party sites are provided for educational purposes only and not an endorsement of any kind.  You agree that we are not responsible for any aspect of these sites. 

International Stipulations

This site may be accessible throughout the world, however we make no representation that materials on the Site are available for use outside the United States.  If you choose to access the Site from locations outside the United States, you do so on your own initiative and at your own risk.  You are responsible for compliance with any local and international laws.  This offer is void where prohibited.

Copyright Information

Copyright © Ball LLC
All Rights Reserved Worldwide.

Ball LLC and/or its associated parties hold the rights to this Site and all Product, materials and/or services provided.  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, and in any way exploit in  whole or part any proprietary or other material.  All the materials are the sole property of Ball LLC.

Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to a proper Infringement Notification may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act.
Infringement notification: To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials; a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Send the written communication to the following address:

Ball LLC
Ultimate Search Guide
5702 Lake Worth Rd Suite 8-10
Greenacres Florida 33463

Counter Notification:  The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.

An electronic signature of the Infringer.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

The Infringers name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the Central District of California or if the Infringers address is outside of the United States, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.

Send the written communication to the following address:

Ball LLC
Ultimate Search Guide
5702 Lake Worth Rd Suite 8-10
Greenacres Florida 33463

Account Termination: We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
Termination

You agree that we in our sole discretion may terminate or suspend your access to all or part of the site with or without notice and for any reason or no reason at all. 

Indemnification
If requested by us, you agree to indemnify, hold harmless and defend the us and our affiliates, and their respective officers, directors, members, shareholders, employees, contractors, representatives, agents, successors and assigns (“Indemnified Party”) from and against any and all claims, liabilities, losses, damages, expenses and costs (including, without limitation, reasonable attorney’s fees) (collectively, “Claims”) arising out of the use or misuse of the Site or the Program.  The Indemnified Party shall give prompt notice to the Indemnifying Party of the occurrence of any Claims as to which indemnification may arise hereunder.  The Indemnified Party shall have the right to participate at its own costs and expense are in the in the defense of any third-party Claim. 
Contact Information

Ball LLC
Ultimate Search Guide
5702 Lake Worth Rd Suite 8-10
Greenacres Florida 33463