Log In Here
ACCEPTANCE OF TERMS OF USE AND SALE
By using this website (the “Site”), you (“you” or the “User”) agree to the Terms of Use that Brehm Communications, Inc. dba Gold Country Media, (“Gold Country Media”, “us” or “we”), the provider of the Site, have stated below. Further, to the extent you purchase anything using the Site, you agree to the Terms of Sale provided below. If you do not wish to agree to both the Terms of Use and the Terms of Sale (collectively, the “Agreement”), please do not use the Site.
The Site provides an interactive online service operated by Gold Country Media on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Gold Country Media. Through Gold Country Media, merchants (“Merchants”) offer vouchers (“Deals”) for sale which may be exchanged for goods/services at Merchants. This Agreement sets forth the terms and conditions that apply to such sales and the use of this Site by the User.
Common Questions (Please read the entire Agreement. The following is summarized for your convenience.)
Your information
What will you do with my email address?
When you ask to receive our Marketplace Deals e-mail, Deals and alerts will arrive from time to time in your inbox. We take your personal information very seriously. Our focus is to use your e-mail address to inform you of our great Deals. Upon checkout you will be prompted to join the e-mail list of the Merchant from which you are purchasing the Deal. If you keep the box checked, you are allowing this Merchant to contact you via e-mail. You can always opt-out of the Marketplace Deals e-mail or any Merchant e-mail by clicking opt-out on any of the e-mails you receive.
What will you do with my credit card and billing information?
Your personal information is safe and secure and will only be used for this purchase. This info is recorded via a Secure Socket Layer connection (SSL) and is fully encrypted. We do not store your credit card number.
I.TERMS OF SALE
1. General Terms
By placing an order for a Deal from a Merchant through Gold Country Media, you make an offer to purchase the Deal you have selected on the terms and conditions stated below.
You are required to create an account in order to purchase any Deal. This is required so we can provide you with easy access to your orders, view your past purchases, modify your preferences, and help ensure permissible use of the Deal.
All Deals obtained through the Site are to be used in exchange for goods or services of a Merchant, often at a discount from their retail cost. The Merchant, not Gold Country Media, is the seller of the Deal and the goods and services described therein. The Merchant, not Gold Country Media, is solely responsible for redeeming any Deal you purchase and providing all of the goods and services described therein.
Gold Country Media is not responsible for the redemption, errors/omissions or expiration of Deals. It is the User's responsibility to make sure that a Deal is presented at the appropriate time specified in the Deal or, if no time is designated, during the checkout process with the Merchant, and that the discount, special pricing, or free offer is obtained. All offers and promotions facilitated by Gold Country Media are subject to change without notice. Gold Country Media has no control over and takes no responsibility for the legality of any Deal or other offers made by Merchants, the ability of any of the Merchants to complete the sales in accordance with the offers, or the quality of the goods or services offered by the Merchant. Gold Country Media has no control over whether Merchants will honor Deals, and does not guarantee the accuracy or completeness of the information contained on the Gold Country Media Site. In the event that you have a dispute with a Merchant in any way relating to a Deal or the use of information from the Site, User agrees to waive and release Gold Country Media from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute. Deals purchased on the Site will be fulfilled directly by the Merchant, and all purchases made will appear on User’s credit card bill under the name Gold Country Media. When purchasing Deals, you may be asked to provide certain information, such as credit card information and a shipping address. By completing these purchases, User agrees to pay all charges incurred on User’s credit card.
Deals cannot be redeemed for cash. Prices and availability of the products and services listed on the Site are subject to change without notice. If a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a Merchant, Gold Country Media reserves the right to refuse or cancel any order placed for a Deal at the incorrect price, even if the order has been confirmed and/or a credit card has been charged. If a User’s credit card has already been charged for the purchase and the order is canceled, User will have to notify the Merchant directly for a credit to User credit card account in the amount of the incorrect price.
Deals purchased expire on the date stated on the Site or on the printed Deals, except where such expiration may be limited or prohibited by law. Gold Country Media is not responsible for the actual available usage or duration of any Deal, or the policies of the Merchant who provide the certificates. Contact the Merchant directly to confirm restrictions. Gold Country Media is not responsible for any goods or services purchased with Deals. Gold Country Media is not responsible if a Merchant ceases business operations or changes locations. There are no refunds or returns of Deals.
2. Specific Terms and Conditions for Deals.
3. Additional Terms and Conditions.
All Deals shall be subject to the terms and conditions of Gold Country Media and the participating Merchant. The Merchant is the seller of the goods or services you are purchasing.
The holder and issuer of a Deal is the Merchant, who shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Deals or portions thereof. You waive, and release Gold Country Media and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Deal or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Deals or any portion thereof. Deals are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Deal for the cash value based on the money you actually paid for your Deal (i.e. if you paid $40 for a Deal which gives you $80 of value to the Merchant, the cash value that you paid is $40, not $80), for a period of time that extends beyond the expiration date on the Deal. While the expiration date on the Deal dictates the last date that you can use your Deal at Merchant for the promotional offer stated on the Site, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Deal for a period of time beyond the expiration date stated on the Deal. In other words, you may be allowed to redeem the cash value (or purchase price) of your Deal up until the greater of: (1) the Deal’s expiration date; or (2) the minimum length of time allowed by applicable law for a Deal to expire. In the event that you have an expired Deal and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Deal, and if applicable law entitles you to such redemption, then please contact Gold Country Media and explain your situation in writing. Gold Country Media will consider a refund for the purchase price of the Deal in either U.S. Dollars or credit for purchases of future Deals from Gold Country Media.
II.TERMS OF USE
1. General.
These Terms of Use set forth the terms and conditions that apply to the use of this Site by the User. By using this Site the User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to User and is not transferable to any other person or entity. User shall be responsible for protecting the confidentiality of User’s password(s), if any. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Gold Country Media, and Gold Country Media shall not be responsible for any data lost while transmitting information on the Internet. While it is Gold Country Media’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Gold Country Media, access to the Site may be interrupted, suspended or terminated from time to time.
Gold Country Media shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Gold Country Media may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site.
2. Changes to Terms.
Gold Country Media reserves the right to discontinue or modify any of our Terms of Use, Terms of Sale and/or our Privacy Policy as we deem necessary or desirable. Such changes may include, among other things, the adding of certain fees or charges. If Gold Country Media makes any substantial changes, we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. All changes will be effective immediately except when stated otherwise. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such modifications.
3. Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, networking equipment and other equipment needed for access to and use of this Site and all charges related thereto. Gold Country Media shall not be liable for any damages to the User’s equipment resulting from the use of this Site.
4. User Conduct.
This Site is private property. All interactions on this Site must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site to that which involves lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Gold Country Media’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an User that in Gold Country Media’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site is strictly prohibited. User shall not use this Site to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site to become users of other online or offline services directly or indirectly competitive or potentially competitive with Gold Country Media.
The foregoing provisions of this Section apply equally to and are for the benefit of Gold Country Media, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in the Site, is the exclusive property of Gold Country Media or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, or otherwise modifying of the Site, without the express written permission of Gold Country Media, is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Gold Country Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Gold Country Media or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or otherwise owned or operated in conjunction with Gold Country Media shall not be deemed to be in the public domain but rather the exclusive property of Gold Country Media, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Gold Country Media unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Gold Country Media does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, User warrants that the owner of such material has expressly granted Gold Country Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User’s personal use. User hereby grants Gold Country Media the right to edit, copy, publish and distribute any material made available on this by User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Gold Country Media, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
Gold Country Media reserves the right to terminate its agreement with any User who infringes third-party copyright rights upon prompt notification to Gold Country Media by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you shall provide Gold Country Media with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Gold Country Media’s Copyright Agent for notice of claims of copyright infringement is as follows:
Gold Country Media
Attn: Copyright Agent
188 Cirby Way
Roseville, CA 95678
webmaster@goldcountrymedia.com
7. Disclaimer of Warranty.
USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER GOLD COUNTRY MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DEALS PROVIDED THROUGH THIS SITE.
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLD COUNTRY MEDIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL GOLD COUNTRY MEDIA, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL GOLD COUNTRY MEDIA’S LIABILITY IN CONNECTION WITH A DEAL EXCEED THE AMOUNTS PAID FOR SUCH DEAL, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
9. Monitoring.
Gold Country Media shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Gold Country Media, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Gold Country Media shall have the right, but not the obligation, to remove any material that Gold Country Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. Privacy.
User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read User’s communications without User’s knowledge. Gold Country Media does not control or endorse the content, messages or information found in any Community, and, therefore, Gold Country Media specifically disclaims any liability concerning the Communities and any actions resulting from Users’ participation in any Community, including any objectionable content. Generally, any communication which User posts to Gold Country Media (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Gold Country Media as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants Gold Country Media the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
11. License Grant.
By posting communications on or through this Site, User shall be deemed to have granted to Gold Country Media a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
12. Indemnification/Release.
User agrees to defend, indemnify and hold harmless Gold Country Media, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by User in connection with the Site.
User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, User hereby releases Gold Country Media from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. Termination.
Gold Country Media may terminate this Agreement at any time. Without limiting the foregoing, Gold Country Media shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Gold Country Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 of these Terms of Use will survive termination of this Agreement.
14. Third-Party Content.
Gold Country Media, similar to an Internet Service Provider, is a distributor of content supplied by third parties and Users. Accordingly, Gold Country Media has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Gold Country Media.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, User, or other user not under contract with Gold Country Media. Gold Country Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Gold Country Media by anyone other than authorized Gold Country Media employee spokespersons while acting in official capacities. Under no circumstances will Gold Country Media be liable for any loss or damage caused by User’s reliance on information obtained through Gold Country Media. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Gold Country Media.
Gold Country Media contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Gold Country Media of the contents on such third-party sites, and Gold Country Media hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with Gold Country Media expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Gold Country Media reserves the right to revoke its consent to any link at any time in its sole discretion.
15. Miscellaneous.
This Agreement, including the Terms of Sale set forth above (which are incorporated into these Terms of Use), and any operating rules for the Site or a Deal established by Gold Country Media, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
16. Arbitration.
By using this Site, User agrees that: (1) any claim, dispute, or controversy arising out of or related in any way with this Agreement, this Site, or the purchase or sale of any Deals(s) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA; (2) venue for any arbitration shall be in Placer County, California or at such other location as may be mutually agreed upon; (3) the arbitrator shall apply California law and shall honor claims of privilege recognized at law; and (4) the arbitrator shall have no authority to arbitrate any claims, disputes or controversies on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. For more information on AAA and its Rules and Procedures, Users may visit the AAA website at http://www.adr.org. The filing of a court action for injunctive relief or another provisional remedy shall not constitute a violation of this arbitration provision.
17. Disclosures.
Gold Country Media is located at 188 Cirby Way, Roseville, CA 95678. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Stratus Building Solutions is an experienced provider of Integrated Facilities Maintenance Services... read more>>