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Welcome to Great American Days! These Terms and Conditions (“Terms and Conditions”) contain important information and requirements relating to the purchase and use of any product or service (“Experience”) provided by Great American Days, including any Experience offered for purchase and booking through any of our marketing partners.
By purchasing, booking, redeeming, or participating in a Great American Days Experience or by accessing, browsing and using www.GreatAmericanDays.com (the “Website”) you agree to be subject to the following Terms and Conditions.
As used in these Terms and Conditions, the terms “we” and “Great American Days” refer to Great American Days, Inc, a Virginia company. The terms “you”, and “user” refer to any person who purchases, books, redeems, participates in, or otherwise uses an Experience.
In consideration of your participation in an Experience, 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.
Great American Days reserves the right to change these Terms and Conditions at any time without prior notice. All changes to these Terms and Conditions will be posted on the Website.
EXPERIENCES
Great American Days offers two main types of certificate; an Experience Certificate that can be redeemed against a specific activity or group of related activities and a Gift Certificate that can be redeemed against our entire range of activities. Each certificate has a unique reference which must be quoted when dealing with Great American Days. All certificates and the associated references must be kept safely and securely. Great American Days will take no responsibility for any loss you may incur as a result of a certificate or certificate reference being stolen and impersonation or identity theft.
Experience Certificates
Experience Certificates can be redeemed for the specific Experience associated with the Experience Certificate. Details of the Experience will be included in the gift pack or email that accompanied the Experience Certificate. Experience Certificates are not issued with a specified monetary value. An Experience Certificate cannot be redeemed for cash and is not a gift certificate, gift card or prepaid store card.
Experience Certificates are valid for one (1) year from the date of purchase except where otherwise stated by law. You must schedule your Experience before the expiration date, which is clearly stated on the Experience Certificate. However, please note, if you schedule an Experience for a date after your expiration date, you will be responsible for any difference in retail price caused by price increases, relating to the Experience, that have occurred since the Experience Certificate’s date of purchase.
Gift Certificates
Gift Certificates can only be redeemed for Experiences through Great American Days, and cannot be redeemed or exchanged for services with any other entity. Gift Certificates cannot be redeemed or exchanged for cash and do not store any amount electronically nor can any value be electronically added or subtracted to a Great American Days Gift Certificate.
Great American Days Gift Certificates purchased prior to 22 August 2010 have an expiration date of one (1) year from the date of purchase. Gift Certificates purchased after 22 August 2010 have an expiration date of five (5) years from the date of purchase, except where otherwise stated by law. You must schedule your Experience prior to the expiration date which is clearly stated on the Gift Certificate.
Verification of Expiration Date
To verify the expiration date of an Experience Certificate or a Gift Certificate, or to inquire about extension options e-mail support@greatamericandays.com, or call 1.866.987.9876. Great American Days is not obligated to grant extension requests and may refuse to grant any extension request for any reason in its sole discretion.
Returns and Exchanges
If you wish to return your purchased Gift Certificate or Experience Certificate, you must do so within 30 days of your purchase. All refunds must be requested by the original purchaser and will be facilitated in accordance with the original payment method.
BOOKING PROCEDURES
When you redeem or book an Experience, you authorize Great American Days to facilitate reservations on your behalf with any third parties with whom Great American Days has contracted to provide the Experience (“Experience Supplier”), including making payment arrangements on your behalf with the Experience Supplier. Experience Suppliers have their own terms and conditions. In order to participate in an Experience, participants will be required to accept the Experience Supplier's terms and conditions. Participants may also be required to sign an acceptance form or a waiver by the Experience Supplier and will be informed of this when they make a booking or by the Experience Supplier at the time of the Experience. The relevant Experience Supplier’s terms and conditions are included in the gift pack accompanying the Experience Certificate and are available on the Website or by calling 1.866.987.9876.
To book an Experience, contact Great American Days via the Website or via phone at 1.866.987.9876 or through any of our marketing partners as directed. You must provide the Certificate Reference. Once Great American Days confirms that the Certificate is active, you will select or confirm your Experience and select a location and preferred dates. When scheduling an Experience you must make sure that all participants are able to meet the stated physical and other requirements associated with the Experience. Please make sure that you read the Experience Supplier’s terms and conditions taking particular attention of the Experience Supplier’s cancellation policy.
Great American Days is your booking agent to schedule and make payment on your behalf to the Experience Supplier. Once Great American Days schedules the Experience with the Experience Supplier, Great American Days will contact you and provide booking confirmation information including a Booking Confirmation Number. You must present the Booking Confirmation Number to the Experience Supplier on the date of your Experience in order to participate in the Experience. Redemption and/or participation in an Experience is conditioned upon your acceptance of these Terms and Conditions and the Experience Supplier’s terms and conditions that apply to your specific Experience. Great American Days is not responsible for any additional terms, conditions, requirements, restrictions, waivers, guidelines, rules or other obligations imposed by the Experience Supplier that are not stated in these Terms and Conditions. Experience Suppliers are solely responsible for their health and safety standards and operating practices. Great American Days and/or the Experience Supplier have the right to refuse to provide any Experience or any portion thereof to you or your gift recipient for any reason.
EXPERIENCES
Experience Suppliers
Experience Suppliers are independent contractors of Great American Days and are not agents or employees of Great American Days, its subsidiaries, corporate affiliates, licensors, or licensees. Great American Days makes no warranty, representation, or guarantee regarding the Experience or the Experience Provider, including without limitation the availability, quality, safety, or efficacy of any Experience or Experience Supplier.
Experience Descriptions
Any pictures used in Great American Days’ promotional materials are for illustration purposes only and may not reflect the specific details of the actual Experience. The Experience description as provided by Great American Days is a summary at the time of print and may change, subject to Great American Days’ or the Experience Provider’s discretion. As such, descriptions in Great American Days’ marketing materials may not fully or precisely describe the actual Experience received. The most current Experience descriptions are available on the Website.
The chronology and duration of each Experience stated by Great American Days, if any, is an approximation of the time you will spend at the venue and may vary depending on the Experience Supplier, the location of the Experience, weather, or other factors. In addition, when the Experience includes multiple participants, there may be waiting and/or instruction time throughout the duration of the Experience.
Experience Requirements
Great American Days uses commercially reasonable efforts to communicate all terms, conditions, limitations, and restrictions applicable to participation in an Experience at the time of purchase and booking, such as age or height restrictions, health factors, equipment requirements, and other such information. This information is available on the Website and will be included in all Booking Confirmations. Great American Days strives to keep Experience information as up to date as possible. However, details of each Experience are subject to change from time to time and may vary among Experience Suppliers and/or locations.
In addition, the Experience Supplier may contact you in order to provide additional information or restrictions about the Experience prior to your scheduled date of participation. It is your responsibility to comply with all necessary requirements of your Experience as set out on the Website or as otherwise provided by Great American Days or the Experience Supplier. Cancellations of your Experience after Booking Confirmation due to your inability to meet these requirements or the inability of any other Experience participant to meet these requirements is subject to the cancellation and rebooking policies of the Experience Supplier. Great American Days does not warrant the correctness, accuracy, or reliability of any documents or other information provided about an Experience by Great American Days or any Experience Supplier.
Availability
All Experiences are offered subject to availability and must be booked through Great American Days according to the booking procedures stated in these Terms and Conditions. Great American Days is not responsible in any way for any appointments made directly with the Experience Supplier. Bookings must be made in advance. Guidelines and suggestions for advanced booking will vary by Experience and are provided on the Website and during the booking process. In the case of overbooking, mechanical difficulties, acts of God, equipment availability, celebrity illness, weather conditions, or other acts or events outside the control of Great American Days or the Experience Supplier (collectively, 'Force Majeure Events'), Great American Days reserves the right to work with the Experience Supplier to make a reasonable substitution on the day of the Experience. If substitution is not possible, Great American Days reserves the right to cancel the Experience on short notice.
If an Experience is cancelled by Great American Days or the Experience Supplier, for any reason, you will be notified as soon as possible in order to book a convenient alternate date for your Experience at no additional charge. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, Great American Days will not offer refunds or be liable in any way for expenses that you or other participants incur relating to an Experience that has been cancelled by Great American Days or the Experience Supplier pursuant to this paragraph.
Withdrawal of an Experience or Location
In the unlikely event that an Experience is withdrawn from Great American Days’ offerings, Great American Days will, at its option, either (1) provide you with an alternative Experience, or (2) rebook your Experience at a reasonable alternative location.
Travel
Unless otherwise expressly stated on the Website, the cost of an Experience does not include travel or transportation to and from the specific location of the Experience, accommodations, meals, or other travel-related expenses. Each Experience participant is responsible for making his or her own travel arrangements, as applicable, to use the Experience, and is solely responsible for meeting any passport or other travel documentation requirements. Great American Days is not responsible for damages or losses of any kind whatsoever that may result from travel to any Experience location.
Persons with Disabilities
Great American Days recognizes that persons with disabilities may have difficulty participating in certain Experiences. While certain Experiences may require certain physical abilities, Great American Days encourages the involvement of all persons in the Experiences to the most reasonable extent possible. To help us meet your needs, we ask that you inform us of any relevant disability when your Experience is booked. For any further questions or comments, please call an Great American Days on 1.866.987.9876 or email us at support@GreatAmericanDays.com.
Acceptance of Risk
You understand and agree that you must evaluate and bear all risk associated with purchasing, redeeming, participating in, or otherwise using any Experience provided through Great American Days. Without limiting the foregoing, you understand and agree that, depending on the Experience you select, the Experience may include activities with significant safety risks to you. You and any other participants in your Experience represent and warrant that you and they (1) reasonably anticipate these safety risks and accept them, (2) have had time to consider and review all relevant information regarding participation in the Experience, (3) voluntarily choose to participate in the Experience, and (4) knowingly and voluntarily assume, as between you or them and Great American Days, all risks associated with selection, purchase, redemption, and/or participation in any Experience.
Notwithstanding your agreement to accept all risks associated with any Experience, if you have appeared for your Experience at your scheduled time, date, and location, you or any other participants may decline to participate in the Experience if you or they decide at the time of the Experience that the level of risk is too great or you or they are not satisfied by the Experience Supplier’s safety standards. In these circumstances, you must notify the Experience Supplier immediately of (a) the fact that you decline to participate, and (b) the nature of the safety issue. Great American Days may work with you to rebook the same (or similar) Experience at our sole discretion, based on the nature of the safety issue.
Complaints about an Experience
You must immediately notify Great American Days and, if on the day of the event, the Experience Supplier if you have any concerns or complaint regarding an Experience in which you have participated. Great American Days has no obligation to address complaints or concerns that are not brought to its attention in a timely manner.
OFFERS AND PROMOTIONS
Great American Days at its own discretion may introduce offers and promotions at any time. These offers and promotions may be limited in terms of quantities or availability. Promotional purchases may be limited on a per customer or per order and may not be exchanged. Refunds will only be given to the original purchaser for the amount paid if requested within 30 days of the initial purchase. Offers and promotions may be discontinued at any time and without notice. All purchases made via a promotion code or other offer are subject to Great American Days’ Terms and Conditions. If the terms and conditions of the promotion or offer are in any way in conflict with Great American Days’ standard Terms and Conditions, then the promotional Terms and Conditions apply for the conflicting area and all other Terms and Conditions continue to apply. Purchasers of promotions agree that their names and locations may be used in conjunction with the promotion, and that they can be contacted by Great American Days for testimonials and survey purposes and to provide testimonials, comments and photographs if requested. Furthermore, they agree that if asked to capture and provide photographs or video of the experience they will make every effort to do so and sole rights to any and all photographs and video will belong to Great American Days. If this request is made, and if needed, Great American Days will loan any and all equipment necessary to capture photos or video.
PRIVACY POLICY
The purchase or redemption of an Experience Certificates and/or the booking of or participation in an Experience implies acceptance of the Great American Days Privacy Policy. Registration Information and certain other information about any gift recipient is also subject to Great American Days’ Privacy Policy. Great American Days’ Privacy Policy is available at the Website.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Great American Days, its licensors, licensees, Experience Suppliers, and other suppliers and their respective parents, subsidiaries, and affiliated companies, and the officers, directors, shareholders, employees, and agents of all such entities, from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, without limitation, reasonable legal and accounting fees, brought by you or any third parties (collectively, “Claims”) arising out of or resulting from: (1) your use of the Great American Days service; (2) your participation in an Great American Days Experience, regardless of whether your Claim is based in tort, strict liability, or any other legal theory; (3) your violations of these Terms and Conditions; (4) your violation of any law or the rights of a third party; and (5) your use of the Website.
LIMITATION OF LIABILITY AND RELEASE
GREAT AMERICAN DAYS AND ITS LICENSORS, LICENSEES, EXPERIENCE SUPPLIERS, AND OTHER SUPPLIERS AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, CORPORATE AFFILIATES, AND THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF ALL SUCH ENTITIES (COLLECTIVELY, THE “GREAT AMERICAN DAYS MARKETING PARTNERS”) HEREBY DISCLAIM ANY AND ALL WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN CONNECTION WITH ANY EXPERIENCE, YOUR USE OF THE GREAT AMERICAN DAYS BOOKING SERVICE, AND/OR YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED. GREAT AMERICAN DAYS AND THE GREAT AMERICAN DAYS MARKETING PARTNERS ACCEPT NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, GREAT AMERICAN DAYS AND THE GREAT AMERICAN DAYS MARKETING PARTNERS ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY EXPERIENCE SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY EXPERIENCE. THE GREAT AMERICAN DAYS COMPANIES AND THE GREAT AMERICAN DAYS MARKETING PARTNERS HAVE NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES.
While Great American Days make reasonable efforts to ensure the accuracy and completeness of the information contained on the Webiste, Experience Certificate, gift pack, any Booking Confirmation, or other materials or communications to you, such information and communications may contain technical inaccuracies or typographical errors. GREAT AMERICAN DAYS AND THE GREAT AMERICAN DAYS MARKETING PARTNERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF SUCH INFORMATION OR COMMUNICATIONS OR ANY SOFTWARE, PRODUCTS, OR SERVICES MADE AVAILABLE ON THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN SAME. ALL SUCH INFORMATION AND COMMUNICATIONS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUS.
BY PURCHASING, REDEEMING, BOOKING AND/OR PARTICIPATING IN AN GREAT AMERICAN DAYS EXPERIENCE, YOU HEREBY RELEASE AND FOREVER DISCHARGE GREAT AMERICAN DAYS AND THE GREAT AMERICAN DAYS MARKETING PARTNERS FROM ANY AND ALL LIABILITIES, LOSSES, CHARGES, CLAIMS, COSTS, DAMAGES, INJURY AND ACTIONS, IN LAW OR EQUITY, THAT YOU OR YOUR HEIRS, SUCCESSORS, EXECUTORS, ADMINISTRATORS OR OTHER PERSONAL OR LEGAL REPRESENTATIVES HAVE OR MAY IN THE FUTURE HAVE BY REASON OF ANY ACT, OMISSION, MATTER, CAUSE OR THING THAT OCCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH A PARTICULAR EXPERIENCE.
Despite the limitations and release above, if Great American Days and/or the Great American Days Marketing Partners are found liable for any loss or damage which arises out of or if in any way connected with any of the occurrences described above, then the liability of Great American Days and/or the Great American Days Affiliates shall in no event exceed, in the aggregate, the greater of (a) the amounts paid for the Experience giving rise to your claim, or (b) one hundred dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations of liability and release provided in these Terms and Conditions inure to the benefit of Great American Days and the Great American Days Marketing Partners and shall survive the termination of your relationship with Great American Days for any reason.
GENERAL PROVISIONS
If any provision of these Terms and Conditions is found to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. The failure of you or Great American Days to enforce any of the provisions of these Terms and Conditions shall not be construed to be a waiver of such provision or the right of you or Great American Days to enforce such provisions in the future. Great American Days disclaims all responsibility for any errors stated herein, on the Website, or in any other documentation or other information provided by Great American Days or an Experience Supplier.
These Terms and Conditions will be governed in all respects by the laws of the Commonwealth of Virginia, U.S.A., excluding its conflict of laws principles. You and Great American Days agree to work together promptly and in good faith to resolve any disputes between you and Great American Days. If not sooner settled, any disputes arising under this Agreement shall be resolved by a state or federal court of competent jurisdiction located in the Commonwealth of Virginia, U.S.A., and you irrevocably submit to the exclusive jurisdiction of such courts.
The Great American Days logo are trademarks of Great American Days, Inc and all other graphics, logos, text, pictures, trade names, and Experience names incorporated in the Great American Days web site or related to the Great American Days Experience Certificates are trademarks or registered trademarks of Great American Days, Inc and are protected by United States and international copyright and trademark laws. The copyrights and trademarks may not be used in any manner whatsoever in whole or in part without the express written consent of Great American Days.
