Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to Great American Days. Great American Days provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Great American Days services, you and Great American Days shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Great American Days may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SERVICE

Great American Days currently provides users with access to a collection of resources, including, various communications tools, shopping services, personalized content and branded content through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Great American Days to provide the Service. You also understand and agree that the service may include certain communications from Great American Days, such as service announcements, administrative messages and the Great American Days Newsletter, and that these communications are considered part of Great American Days membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Great American Days properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Great American Days assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Great American Days has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Great American Days has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. GREAT AMERICAN DAYS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Great American Days of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Great American Days cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that by using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Great American Days be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Great American Days official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

You acknowledge that Great American Days may not pre-screen content, but that Great American Days and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, Great American Days and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Great American Days or submitted to Great American Days.

You acknowledge, consent and agree that Great American Days may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Great American Days, its users and the public.

You understand that the technical processing and transmission of the Service, including your information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Great American Days and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local 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.

8. INDEMNITY

You agree to indemnify and hold Great American Days, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Great American Days I.D.), use of the Service, or access to the Service.

10. MODIFICATIONS TO SERVICE

Great American Days reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Great American Days shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that Great American Days may, under certain circumstances and without prior notice, immediately terminate your Great American Days account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Great American Days account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information associated with your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Great American Days' sole discretion and that Great American Days shall not be liable to you or any third-party for any termination of your account or access to the Service.

12. DEALINGS WITH VENDORS OR ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, vendors or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such vendor or advertiser. You agree that Great American Days shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Great American Days has no control over such sites and resources, you acknowledge and agree that Great American Days is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Great American Days shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. GREAT AMERICAN DAYS'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Great American Days or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Great American Days 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 the Service. You agree not to access the Service by any means other than through the interface that is provided by Great American Days for use in accessing the Service.

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREAT AMERICAN DAYS EXPRESSLY DISCLAIMS 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.
GREAT AMERICAN DAYS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GREAT AMERICAN DAYS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

16. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT GREAT AMERICAN DAYS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GREAT AMERICAN DAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.

18. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

19. NOTICE

Great American Days may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

20. TRADEMARK INFORMATION

The Great American Days Inc, Great American Days logo, GREAT AMERICAN DAYS trademarks and service marks and other Great American Days logos and product and service names are trademarks of Great American Days Inc. (the "Great American Days Marks"). Without Great American Days' prior permission, you agree not to display or use in any manner, the Great American Days Marks.

22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Great American Days respects the intellectual property of others, and we ask our users to do the same. Great American Days may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Great American Days' Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Great American Days' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
The Copyright Agent c/o Great American Days Inc.
65 Roswell St. Suite 300, Alpharetta, GA 30004

By phone: (770) 685-6020

By fax: (770) 685-6063

By email: copyright@greatamericandays.com

23. GENERAL INFORMATION

Entire Agreement. The TOS constitute the entire agreement between you and Great American Days and govern your use of the Service, superceding any prior agreements between you and Great American Days. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Great American Days services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Great American Days shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Great American Days agree to submit to the personal and exclusive jurisdiction of the courts located within the city, county and State of New York.

Waiver and Severability of Terms. The failure of Great American Days to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Great American Days account is non-transferable and any rights to your Great American Days I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. VIOLATIONS

Please report any violations of the TOS to our Customer Services Group at

Customer Services- Violations

Great American Days Inc.
65 Roswell St. Suite 300, Alpharetta, GA 30004

By phone: (770) 685-6020

By fax: (770) 685-6063

Great American Days Inc Privacy Policy

What This Privacy Policy Covers

This policy covers how Great American Days treats personal information that Great American Days collects and receives, including information related to your past use of Great American Days products and services. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that Great American Days does not own or control or to people that Great American Days does not employ or manage.

Information Collection and Use

General

Great American Days collects personal information when you register with Great American Days, when you use www.GreatAmericanDays.com, when you visit Great American Days pages or the pages of certain Great American Days partners, and when you enter promotions or sweepstakes. Great American Days may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, email address, birth date, gender, zip code, occupation, industry, and personal interests. For some products and services we may also ask for your address. Once you register with Great American Days and sign in to our services, you are not anonymous to us.
Great American Days collects information about your transactions with us and with some of our business partners, including information about your use of services that we offer.
Great American Days automatically receives and records information on our server logs from your browser, including your IP address, Great American Days cookie information, and the page you request.
Great American Days uses information for the following general purposes: fulfil your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.
Further information on IP addresses and cookies can be found at the end of this document.

Children

Great American Days will not contact children under age 13 about special offers or for marketing purposes without a parent's permission.
If Great American Days’ becomes aware that a person submitting personal information to us through any part of our website is a child, we will delete the information as soon as we discover it and not use it for any purpose, nor disclose it to any third parties.

Information Sharing and Disclosure

Great American Days does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with Great American Days under confidentiality agreements. These companies may use your personal information to help Great American Days communicate with you about offers from Great American Days and our marketing partners. However, these companies do not have any independent right to share this information.
- We have a parent's permission to share the information if the user is a child under age 13. Parents have the option of allowing Great American Days to collect and use their child's information without consenting to Great American Days sharing of this information with people and companies who may use this information for their own purposes;
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Great American Days' terms of use, or as otherwise required by law.
- We transfer information about you if Great American Days is acquired by or merged with another company. In this event, Great American Days will notify you before information about you is transferred and becomes subject to a different privacy policy.
Great American Days displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria - for example, women ages 18-24 from a particular geographic area.
- Great American Days does not provide any personal information to the advertiser when you interact with or view a targeted ad. However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.
- Great American Days advertisers include financial service providers (such as banks, insurance agents, stock brokers and mortgage lenders) and non-financial companies (such as stores, airlines, and software companies).

Cookies

Great American Days may set and access Great American Days cookies on your computer.
Great American Days lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Great American Days' cookies.
Great American Days uses web beacons to access Great American Days cookies inside and outside our network of web sites and in connection with Great American Days products and services.

Your Ability to Edit and Delete Your Account Information

General

You can edit your Great American Days Account Information at any time.
New categories of marketing communications may be added to the Marketing Preferences page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.
We reserve the right to send you certain communications relating to the Great American Days service, such as service announcements, administrative messages and the Great American Days Newsletter, that are considered part of your Great American Days account, without offering you the opportunity to opt-out of receiving them.
You can delete your Great American Days account by contacting our customer services team at:

Customer Services- Account Deletion

Great American Days Inc
65 Roswell St. Suite 300, Alpharetta, GA 30004

By phone: (770) 685-6020
By fax: (770) 685-6063

If you ask Great American Days to delete your Great American Days account, in most cases your account will be deactivated and then deleted from our user registration database in approximately 90 days. This delay is necessary to discourage users from engaging in fraudulent activity.
Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request. This may be the case even though no information about your account remains in our active user databases.

Confidentiality and Security

We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Great American Days takes your security seriously and takes reasonable steps to protect your information. No data transmission over the Internet or information storage technology can be guaranteed to be 100% secure. The following is a summary of the measures Great American Days takes to protect your information and descriptions of ways we implement these measures

· Security Steps We Have Taken

- - Secure Socket Layer (SSL)
    Great American Days uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time Great American Days asks you for a credit card number on Great American Days for payment or for verification purposes, it will be SSL encrypted. The information you provide will be stored securely on our servers. Once you choose to store or enter your credit card number on Great American Days, it will not be displayed back to you in its entirety when you retrieve or edit it in the future. Instead of the entire number, you will only see asterisks and either the first four digits or the last four digits of your number.
  - Secure Storage
    Great American Days maintains reasonable physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
  - Vendors and Partners
    Great American Days works with vendors and partners to protect the security and privacy of user information.
  - Employee and Contractor Access to Information
    Great American Days limits access to personal information about you to those employees who we reasonably believe need to come into contact with that information to provide products or services to you or in order to do their jobs.
  - Education and Training for Employees
    Great American Days has implemented a company-wide education and training program about security that is required of every Great American Days employee.

Changes to this Privacy Policy

Great American Days may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Great American Days account or by placing a prominent notice on our site.

Questions and Suggestions

· If you have questions or suggestions, you can contact us at:

Great American Days Inc.
Customer Care - Privacy Policy Issues
65 Roswell St. Suite 300, Alpharetta, GA 30004

IP Addresses

When your web browser or email application requests a web page or email from another computer on the Internet, it automatically gives that computer the address where it should send the information. This is called your computer's "IP address." (IP stands for "Internet protocol.") For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time you log on.

Information Collection and Use Practices

Great American Days receives IP addresses from all users because this information is automatically reported by your browser each time you view a web page.
Your IP address is also stored in our user registration databases when you register with Great American Days.
IP addresses may be used for various purposes, including to:
- Diagnose service or technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP.
- Send the most appropriate advertising based on geographic area or information derived from your IP address. Many IP addresses are commonly associated with Internet service providers, universities, or major corporations in specific regions or localities. Aggregate information derived from IP addresses may also be reported to advertisers.
- Estimate the total number of users visiting Great American Days from specific countries or regions of the world.
- Help determine which users have access privileges to certain content that we host.

Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive.

Each web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

Choices about Cookies

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.)
If you reject all cookies, you will not be able to use Great American Days products or services that require you to "sign in" and you may not be able to take full advantage of all offerings. However, many Great American Days products and services do not require that you accept cookies.

Great American Days' Practices Regarding Cookies

Great American Days uses its own cookies for a number of purposes, including to:

Access your information when you "sign in," so that we can provide you with customized content.
Display the most appropriate advertising banners, based on your interests and activity on Great American Days.
Estimate and report our total audience size and traffic.
Conduct research to improve Great American Days' content and services.
Require you to re-enter your Great American Days password after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

Other Companies' Cookies on Great American Days

Please note that Great American Days allows other companies that are presenting advertisements or researching users' response to advertisements on some of our pages to set and access their cookies on your computer.
Advertisers' and researchers' use of cookies is subject to their own privacy policies, not the Great American Days Privacy Policy.

Great American Days Customer Agreement

Terms and Conditions for use of the Great American Days Gift Certificate:

Definitions:

GAD: Great American Days Inc, a Virginia Company

Purchaser: An individual, entity or other organization who wishes to purchase a GAD Gift Certificate.

Customer: The individual, entity or other organization who will redeem the Gift Certificate with the Vendor. Purchaser and customer may be the same individual, entity or other organization.

Vendor: Vendor is an individual, entity or other organization which is in the business of providing certain services and has agreed to accept the Gift Certificate at face value in return for services of equal value and to provide Customer with the use of Vendor’s Services.

Service(s): The activities, goods, services, items, events or otherwise for which Vendor has agreed to accept any Gift Certificate issued by GAD as payment.

Gift Certificate: The certificates issued by GAD in exchange for payment by a Purchaser which may be redeemed with Vendor by Customer.

Website: http://www.greatamericandays.com or any other domain name chosen by GAD which links to GAD’s Website.

Contents: Any data, text, graphics or other information or content published on or contained within the Website.

Confirmation Code: The unique number printed on each Gift Certificate by GAD.

Scheduling: The date Vendor and Customer reach in agreement regarding the date, place and time the Services will be provided by Vendor to Customer.

We ask that you read these Terms and Conditions carefully before using your Gift Certificate.

Parties:
The Agreement is between GAD and Customer. Customer accepts these Terms and Conditions upon Scheduling. If you do not agree, please do not Schedule and contact GAD immediately.
By using the Gift Certificate and Scheduling for a Service with a Vendor, you acknowledge your agreement to these terms and conditions, and the agreement on behalf of your heirs, assigns, next of kin, distributees, devisees, executors, administrators, guardians, legal representatives and agents who are also included in the definition of Customer under this Agreement.
The Customer must by over 18 and legally allowed to consent to this Agreement.

Service Description

GAD’s sole responsibility to Customer is to accept payment from the Purchaser, to issue the Gift Certificate and to forward the payment received from the Purchaser to the Vendor. GAD will forward payment to the Vendor of the Service as chosen by the Customer after Scheduling. GAD’s Gift Certificates are valid for a period of one year from the date of purchase (except where prohibited by law). The Customer may redeem the Gift Certificate with Vendor for the face value of the Gift Certificate for any of the Services provided by Vendor specifically listed on the Website.
GAD reserves the right to remove any particular Vendor from the Website at any time and in GAD’s sole discretion without notice.
The Gift Certificate provided by GAD shall be valid only if it is imprinted with a valid Confirmation Code. GAD reserves the right to refuse to redeem any Gift Certificate with an invalid Confirmation Code.
Vendor may have its own terms and conditions which will apply in relation to participation of the Service itself and will be agreed between the Customer and the Vendor independently of GAD. Nothing contained herein shall constitute any acceptance or acknowledgement by GAD of any of Vendor’s terms and conditions.
The Contents published on the Website are for informational purposes only. Any descriptions are for guidance only as the content or format of the Services may be changed by Vendor without notice to GAD, Purchaser or Customer. The Services, machines, vehicles, craft, animals, other items and settings at each venue vary. The Content does not form part of this Agreement.
It is the responsibility of the Customer to identify and confirm the accuracy of the Content with Vendor and the suitability of the Service for whatever purpose the Customer requires. GAD hereby disclaims any and all warranties with regard to the Content.

Images

Customer understands that GAD and Vendors constantly take promotional footage and still pictures of Customers and consent for them to use my picture or that of my spectators in any promotional way they deem necessary.

Booking, Refund & Cancellation Policy

Customer shall be responsible for Scheduling. Upon Scheduling, Customer enters into an agreement directly with the Vendor, subject to Vendors own terms and conditions, to which GAD is not party. Any cancellation or alteration of a scheduled Service will be a matter of individual negotiation between the Customer and Vendor. Wholly unused Gift certificates may be returned for a refund within 7 (seven) days of purchase. Refunds will only be given to the Purchaser. Upon Scheduling neither Customer nor Purchaser shall not be entitled to any refund or cancellation of the Gift Certificate from GAD. Additionally, upon Scheduling, Purchaser, Customer and Vendor shall be bound by the Vendors own terms and conditions. Copies of said Vendor terms and conditions can only be obtained directly from the Vendor.

Availability

Many Services have a finite availability, and may be limited by restricted space, seasonal requirements or other scheduling issues. Your Vendor will advise you if you need to call to check weather conditions or other information before participating. In order to avoid disappointment we recommend that Customers book at the earliest possible time and do not organize travel or accommodation until the Scheduling has been confirmed by the Vendor. Customer or Purchaser must contact the Vendor at their earliest opportunity to determine if the Service is available according to Customer or Purchasers needs. If the Service is not available, then the Customer may exchange the Gift Certificate for another Service or credit with another Vendor, but neither the Purchaser nor the Customer will be entitled to any refund of the sums paid to GAD, except as otherwise provided by law. GAD will not reimburse travel, accommodation or other incidental expenses incurred by you in attending an activity which is cancelled by the Vendor for any reason.

Gift Certificate Validity

This gift voucher is valid for a period of one (1) year from the date of issue except where otherwise stated by law. Gift vouchers are not redeemable for cash except where required by law. It cannot be replaced if lost or stolen or used without your permission. Great American Days, Inc. is not responsible for lost or stolen vouchers; risk of loss and title of gift voucher passes to purchaser on transfer. You may not assign, delegate or subcontract this Agreement without GAD’s prior written consent. Any purported assignment in violation of this provision shall be voidable at GAD’s option, and shall be grounds for immediate termination of this Agreement. State by state information available below.

Safety

Many Services are of a physical and dangerous nature and the Vendor may have physical restrictions for the Customer. Vendors may also require the Customer to sign additional agreements relating to any such risks after Scheduling. Failure to sign these agreements or meet the physical requirements may result in refusal by the Vendor to allow the Customer access to the Services. Upon such occurrence, the Gift Certificate will be deemed to have been used and no refund, exchange or credit will be issued by GAD after Scheduling.
By Scheduling, you agree that you know, realize, appreciate and understand that many of the Services are dangerous activities with significant risks to your person, including death, and/or property which you are voluntarily choosing to assume. The risks may include: failures, negligence, recklessness, stupidity and/or errors of machines, equipment, planes, instructors, co-participants, and/or third parties. You agree that you should reasonably anticipate and expect these risks. You are aware that GAD has no control over any of these risks and you agree that you have equal bargaining power in agreeing to this agreement. You agree that you have considered and understood these risks, had opportunity to avoid them and are nevertheless voluntarily assuming these risks and choosing to participate in the Service detailed on your Gift Certificate.

Disclaimer of warranties

GAD, its advertisers, licensors and company(ies) who you participate with make no representations or warranties about the Service, the Scheduling, the Website, the suitability of the information contained on or received through use of the Website or the Scheduling, or any Services received through GAD or the Vendor. All information and Scheduling are provided "as is" without warranty of any kind. GAD, advertisers, Vendors, licensors and company(ies) who you participate with, hereby disclaim all warranties with regard to the Service, the Website, the Scheduling, and/or the information contained on or received through use of this Website, your Scheduling and all Services received through this Website or the company(ies) who you participate with, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. GAD, its advertisers, licensors and company(ies) who you participate with do not warrant that the Service, the Scheduling, the Website contents or any information receive through this Website, GAD or company(ies) who you participate with are accurate, reliable or correct; that this Website or any Service will be available at any particular time or location; or that the Service will be free of errors or defects. The Customer agrees that he or she has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

Limitation of liability

Under no circumstances, shall GAD its offices, directors, shareholders, employees, agents or any one else involved in creating, producing or distributing the Gift Certificates be liable for any direct, indirect, incidental, special or consequential damages to Purchaser or Customer, including but not limited to any liability which results from the use of or inability to use the Gift Certificates, the Website, the Content, all Services, all products received through this site or directly from Vendor, or any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to GAD's records, programs or services. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if GAD its Vendors, advertisers, licensors and company(ies) who participate have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, GAD its Vendors, advertisers, licensors and company(ies) who you participate with liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction. Notwithstanding the foregoing, Purchaser’s and Customer’s exclusive remedy against GAD for all damages, losses and causes of actions whether in contract, equity, tort (including gross negligence or otherwise), shall be limited to the aggregate dollar amount of the Customer’s Gift Certificate.
Neither party shall be deemed in default or otherwise liable for any delay in or failure of performance under this Agreement by reason of any act of God, fire, natural disaster, terrorism, accident, riot, act of government, non-forecastable shortage of materials or supplies, failure of transportation or communication or of supplies of goods or services, or any other cause beyond the reasonable control of such party.

Termination

GAD may terminate or alter this Agreement at any time, without notice or penalty. If GAD refers any dispute between GAD and Customer to the necessary authorities, a collection firm or attorney, the Customer agrees to pay GAD’s costs, expenses and reasonable attorneys’ fees incurred. Customer can not terminate this Agreement without GAD’s written consent.

Indemnification

You, and your heirs, assigns, next of kin, distributees, devisees, executors, administrators, guardians, legal representatives and agents, agree to defend, indemnify, and hold harmless GAD its advertisers, licensors and company(ies) who you participate with, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from participation in the Service, your Scheduling, your use of this Website, claims and/or actions brought against GAD by Purchaser, and/or any services, information or products from this site, or any violation of this agreement. GAD reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the company in asserting any available defenses.

Choice of Law and Forum

The construction, performance and validity of this Agreement shall be governed in all respects by the laws of the State of Georgia and the parties agree to submit to the exclusive jurisdiction of the Federal and State Courts located in the State of Georgia.

Miscellaneous

This Agreement constitutes the entire agreement between GAD and The Customer with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party. All references herein in the singular shall be construed to include the plural, and the masculine, and the masculine to include the feminine or neuter gender, where applicable, and where the context shall require. Section headings are for convenience of reference only and shall not be construed as part of this Agreement nor shall they limit or define the meaning of any provision herein. No agency, joint venture, or partnership is created by this Agreement, and that neither party shall incur any obligation in the name of the other without the other's prior written consent. For the avoidance of doubt, nothing in this Agreement shall confer on any third party any benefit or the right to enforce any term of this Agreement. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.
In the event that any one or more of the provisions of this Agreement shall be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected, or if any one or more of the provisions contained herein shall be held to be excessively broad as to duration, activity or subject, such provisions shall be construed by limiting and reducing such provisions so as to be enforceable to the maximum extent compatible with applicable law. Any provision of this Agreement, which by its context is intended to apply after termination of this Agreement, shall survive its termination.

Below is a general state by state summary of gift card law. This information is subject to change and pertains to gift cards as sold in some Walgreen and CVS stores.

Arizona
Expiration allowed if clearly stated

Arkansas
No expiration for first two years
No fees for two years

California
No expiration
No fees for two years

Connecticut
No expiration dates
No fees

Florida
No expiration dates
No fees

Georgia
Expiration allowed if clearly state

Hawaii

No expiration for first two years
No fees

Illinois
No expiration for five years

Iowa
No fees

Kansas
No expiration for five years
No fees for one year

Kentucky
No expiration for one years
No fees

Louisiana
No expiration for five years
No fees

Maine
No expiration
No fees

Maryland
No expiration for four years
No fees for four years

Massachusetts
No expiration for seven years

Michigan
No expiration for five years

Minnesota
No expiration dates
No fees

Montana
No expiration dates
No fees

Nebraska
Expiration allowed if clearly stated.

Nevada
Expiration allowed if clearly stated
No fees for one year
Fees may not exceed $1 a month

New Hampshire
No Expiration for cards under $100
No fees

New Jersey
No expiration for two years
No fees for two years of most recent transaction
Fees may not exceed $2
Expiration and fee detail must be printed on card or receipt

New Mexico
No expiration for five years
No fees

New York
Expiration allowed if clearly stated
No fees before 13 months of dormancy

North Carolina
Expiration allowed if clearly stated
No fess for first year

North Dakota
No expiration for six years
No fees

Ohio
No expiration for two years
No fees for two years

Oklahoma
No expiration for five years
No fees for five years

Oregon
No expiration
No fees

Pennsylvania
No expiration allowed for two years

Rhode Island
No expiration
No fees

South Carolina
No expiration for one year

Tennessee
No expiration allowed for two years
No fee for two years

Texas
No fees for one year
Expiration allowed if clearly stated