The following agreement governs all terms and conditions relevant to the purchase of a Great American Days, Inc. Gift Certificate. We ask that you carefully read these Terms and Conditions carefully before buying a 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 who 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.
Services: 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 an agreement regarding the date, place and time the Services will be provided by Vendor to Customer.
1. Parties:
i. This Agreement is between GAD and the Purchaser and shall be binding upon and inure to the benefit of Purchasers heirs, assigns, next of kin, distributees, devisees, executors, administrators, guardians, legal representatives and agents who are also included in the definition of The Purchaser under this Agreement.
ii. Purchaser accepts these Terms and Conditions by pressing "I confirm I have read and agree with the Terms and Conditions of Purchase" button on the Website order form. If you do not agree with these Terms & Conditions please do not click the "I confirm I have read and agree with the Terms and Conditions of Purchase" button and do not purchase from this site.
iii. GAD may revise these Terms and Conditions at any time and without notice at its sole discretion. Any change will be deemed to take effect upon posting on the Website and accepted by Purchasers who continue to use the Website.
iv. The Purchaser must by over 18 and legally allowed to consent to this Agreement.
v. Purchaser understands that Customer will be required to enter into a separate Agreement with GAD, and in the event Customer refuses to accept such agreement, Purchaser sole remedy shall be to request that GAD transfer the Gift Certificate to a new Customer, and Purchaser may request that the Gift Certificate be issued in Purchaser’s own name, however, no refunds will be issued to Purchaser by GAD, except as otherwise provided in this Agreement.
2. The Services
i. GAD’s sole responsibility is to accept payment for and to issue the Gift Certificate. GAD accepts payment from the Purchaser and will forward payment to the Vendor of the Service as chosen by the Purchaser after Scheduling.
ii. 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 which is specifically listed on the Website.
iii. GAD reserves the right to remove any particular Vendor from the Website at any time and in GAD’s sole discretion without notice.
iv. 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 or expired Confirmation Code.
v. 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.
vi. 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.
vii. It is the responsibility of the Purchaser to identify and confirm the accuracy of the Content with Vendor and the suitability of the Service for whatever purpose the Purchaser or Customer requires. GAD hereby disclaims any and all warranties with regard to the Content.
3. Returns and Bookings
i. Gift Certificates will not be issued until full payment is received by GAD. The price of the Gift Certificate does not include any applicable taxes or shipping, packaging or handling charges.
ii. Upon receipt of payment from Purchaser GAD shall issue a Gift Certificate with a Confirmation Code to Customer and shall issue a separate invoice to the Purchaser.
iii. The Purchaser may return any wholly unused Gift Certificate for a full refund within 7 (seven) days of purchase.
iv. GAD reserves the right to change prices on the Website without notice for any reason.
v. Customer shall be responsible for Scheduling directly with Vendor or through GAD. 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.
vi. Upon Scheduling, GAD shall thereafter forward the appropriate sums received from Purchaser to Vendor, and thereafter, Purchaser shall not be entitled to any refund or cancellation of the Gift Certificate from GAD. Additionally, upon Scheduling, Purchaser 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.
vii. Many Services have a finite availability, and may be limited by restricted space, seasonal requirements or other scheduling issues. 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.
viii. 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.
4. Liability and Indemnification
i. 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 that 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. ii. Notwithstanding paragraph 4(i), above, 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.iii. 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.
iv. Purchaser will at all times defend, indemnify and hold harmless GAD, its affiliates, officers, directors, shareholders, successors and assigns (collectively, the “GAD Indemnified Parties”) for, any and all liabilities, obligations, losses, judgments, damages, out-of-pocket costs or expenses (including interest, penalties and reasonable attorneys’ fees and expenses incurred) which in any way relate to any claim brought against GAD or the GAD Indemnified Parties by Customer or Customer’s heirs, executors, administrators or assigns.
5. Disclaimer of Warranties
The Purchaser understands and agrees that GAD is in no way responsible for the quality, safety and/or availability of Vendor’s Services and GAD makes no representations or warrantees with regard thereto. GAD makes no representations or warranties about the Service, the Website, the suitability of the information contained on or received through use of the Website or any Services received through GAD. All information and reservations are provided "as is" without warranty of any kind. GAD hereby disclaims all warranties with regard to the Vendor, the Services, the Website, and/or the Content, and all Services received through this Website or by the Vendor(s) (including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement). GAD does not warrant that the Service, the Website, the Content or any information on the Website, or obtained directly from GAD or Vendor(s) 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 Purchaser 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.
6. Termination
i. GAD may terminate or alter this Agreement at any time, without notice or penalty. If the Purchaser fails to comply with the terms of this Agreement and GAD refers the matter to the necessary authorities, a collection firm or attorney, the Purchaser agrees to pay GAD’s costs, expenses and reasonable attorneys fees.
7. License the use the Website
i. Upon your acceptance of this Agreement, GAD hereby grants you a non-exclusive, non-transferable limited license to access the Website in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on the Website. You agree not to make any false or fraudulent statements and to pay for any Services you request through this site. You acknowledge and agree that all information available on the Website is the property of GAD, Vendor, or any advertisers and/or licensors, and that such information may be protected by applicable copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by GAD, its Vendors, advertisers and licensors.
8. License Restrictions
i. Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create any derivative works from materials, code or content on or from this site. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that GAD shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
ii. This site is for Purchasers in the
9. Third Party Sites
You may be transferred to online merchant(s) or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These other sites are not under the control of GAD, are not monitored or reviewed by GAD, and GAD is not aware of the contents of such sites. You acknowledge that GAD is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by GAD, its Vendors, advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that GAD and its licensors have no liability whatsoever from such third party sites and your usage of them.
10. Choice of Law and Forum
The Website (excluding third party linked sites) is controlled by GAD from its offices within the State of New York, U.S.A. The Website can be accessed from all 50 states as well as from other countries around the world to the extent permitted by law. As laws may differ from New York, by accessing this site, both you and GAD agree that the statues and laws of the City of New York State of New York shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. The Purchaser and GAD also agree and hereby submit to the filing of any claim only in the exclusive jurisdiction and venue of the Courts located in the City, County and State of New York. GAD makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
11. Price Guarantee
i. If you find a lower price for any Service purchased from GAD, you must submit a pricing claim to Great American Days Inc within 30 days from the purchase of the Gift Voucher.
ii. The price stated must be for the same Service offered from the same Vendor, occur over the same time period, have like occupancy, have an identical itinerary of activities and options, and be quoted in the same manner with respect to meals, taxes, and administrative fees. This guarantee does not cover any currency exchange rate fluctuations or variations from country to country that may occur over the course of time.
iii. Service pricing excludes Vendor promotions and discounts, special offers and prices unique to existing members of either Great American Days Inc or the Vendor’s own database.
iv. Where pricing claim is deemed valid, Great American Days Inc will refund the difference between the Great American Days Inc price and the alternate trip price.
12. Miscellaneous
i. 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.
ii. This Agreement constitutes the entire agreement between GAD and Purchaser 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. 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.
iii. Neither party may bring action against the other for any cause of action, in law or equity arising out of this Agreement, regardless of form, more than one year after the cause of action has accrued.
iv. The captions used in connection with the paragraphs and subparagraphs of this Agreement are inserted only for purpose of reference. Such captions shall not be deemed to govern, limit, modify or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part thereof nor shall such captions otherwise be given any legal effect.
v. 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.
vi. In the event any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys' fees as shall be fixed by a court of competent jurisdiction.
Updated 8/1/06