Terms And Conditions
GOTTAHALFIT MEMBER AND WEBSITE USER AGREEMENT
You acknowledge that although the Internet is typically a secure and safe environment, sometimes there are disruptions in service that are beyond Gottahalfit's control and Gottahalfit shall not be responsible for any data lost while transmitting information on the Internet. While it is Gottahalfit's goal is to make the Website functional for Your use every day at all hours, it is possible that for reasons beyond the control of Gottahalfit the Website may on occasion be unavailable. You understand and acknowledge that from time to time access to the Website may be delayed or suspended. You will be given a Password and it is Your responsibility to make sure it is not disclosed to anyone else. You acknowledge that Gottahalfit has the sole right to modify any feature on the Website at any time for any reason, including, when it is accessible.
2. Our Website (www.Gottahalfit.com)
Our Website is owned by Gottahalfit. As a Member, You are authorized to use the Website provided You use it for legal purposes only and that You adhere to and comply with all the terms and conditions contained in this Agreement. Without first obtaining the written consent of Gottahalfit, You must not transfer or post any data or material that in any way infringes upon the rights of third parties, or anything that is an invasion of privacy, is unlawful, libelous or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, Gottahalfit retains the sole discretion to restrict a Member from using the Website. You are strictly prohibited from using the Website in any way to solicit anyone for anything or to advertise religion or commerce.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER GOTTAHALFIT, NOR ANY OF THEIR RESPECTIVE MANAGERS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT USE OF THE WEBSITE 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 WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR DISCOUNT VOUCHERS PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS MADE ACCESSIBLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. GOTTAHALFIT 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.
3. Your Hardware.
It is Your responsibility to ensure that You have the appropriate computer hardware to access the Website. Gottahalfit is not responsible for any damages sustained to Your hardware if said damages occurred while You were trying to access or use the Website.
4. Intellectual Property.
This Website contains material that is copyrighted. Additionally, there are protected trademarks, including, but not limited to Gottahalfit (owned by Gottahalfit LLC), and other proprietary information found on the Website. This material may include photos, video, graphics, text, and sound. The Website's entire content is protected by copyright as a collective work under the United States copyright laws. Gottahalfit owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content that is original to it. Unless You obtain the prior written consent of Gottahalfit, You are strictly forbidden from: (a) publishing, downloading, redistributing, transmitting any of the Website's content; (b) publishing, transmitting, modifying, creating derivative works, participating in the sale or transfer of any of the Website's content; (c) copying or reproducing any portion of this Website; and (d) linking anything to the Website. Your failure to comply may result in civil or criminal action and/or fines against You.
Digital Millennium Copyright Act
Pursuant to the Digital Millennium Copyright Act, Title 17 of the United States Code § 512 ('DMCA'), it is Gottahalfit's policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Gottahalfit as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating our Members. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. To file a notice of infringement with us, You must provide a written communication (by regular mail -- not by email, except by prior agreement) that sets forth the items specified below. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that a product or activity is infringing Your copyrights. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney. To expedite our ability to process Your request, please use the following format (including section numbers): 1. Identify in sufficient detail the copyrighted work that You believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed. 2. Identify the material that You claim is infringing the copyrighted work listed in item #1 above. 3. Provide information reasonably sufficient to permit Gottahalfit to contact You (email address is preferred). 4. Provide information, if possible, sufficient to permit Gottahalfit to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). 5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." 6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 7. Sign the paper. 8. Send the written communication to the following address: Legal Department, Gottahalfit LLC, PO BOX 960, Fort Lauderdale, Florida 33302. The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When Gottahalfit receives a counter notification, we may reinstate the material in question.
5. Limitation of Liability.
REGARDLESS OF THE DAMAGE OR INJURY CLAIMED BY YOU IN NO EVENT SHALL GOTTAHALFIT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, USE OF THE WEBSITE, OR RELATED TO THE DISCOUNT VOUCHERS. IN NO EVENT WILL GOTTAHALFIT'S LIABLITY EXCEED THE AGGREGATE AMOUNT PAID BY MEMBER FOR GOTTAHALFIT'S DISCOUNT VOUCHERS FOR THE SIX MONTHS PRECEDING THE DATE A CLAIM IS MADE AGAINST GOTTAHALFIT. ADDITIONALLY, YOU AGREE TO RELEASE GOTTAHALFIT FROM ANY CLAIMS RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT. THIS INCLUDES ANY OMISSION OR ACTION OF THE MERCHANT THAT RESULTS IN INJURY OR DAMAGE TO YOU.
6. Your Privacy.
From time to time Gottahalfit may allow Members to post certain communication on the Website. This generally takes place in chat rooms, message board, and discussion rooms). You acknowledge that anything You post is non-confidential and may be shared with anyone at anytime. Once You post information or data on the Website, that posted data becomes the property of Gottahalfit and You acknowledge that Gottahalfit may use that post for any reasons it desires.
7. Term of this Agreement.
Gottahalfit may terminate this Agreement with You at any time for any reason whatsoever. This will include any passwords utilized to access the Website.
8. Content of the Website.
Gottahalfit is a distributor of content supplied by Members and sometimes by third-parties. Gottahalfit is not a publisher of material. Gottahalfit does not have editorial control over the content on the Website. Consequently, any opinions, content, or information made available by third parties, that from including information providers (ISPs), or any other Members are the opinions, content, or information of those of distributor or the author - not that of Gottahalfit. Gottahalfit is not responsible for nor does it endorse any information, content, or opinion made on the Website by anyone other than our own management or employees while in their official capacities and in the scope of their employment with Gottahalfit. We do not represent or warrant that the information, content, or opinions are accurate or truthful. From time to time, You may see that the Website contains links to other websites owned or maintained by other (non-Gottahalfit) content providers. The links exist for Your convenience. Gottahalfit does not endorse those websites nor does it represent or warrant that the Website contains accurate or truthful information, content, data, or opinions. Linking to the third party websites is solely at Your own risk. You are strictly prohibited from establishing a hyperlink from any other website on the Internet to www.Gottahalfit.com
9. Legal Terms Governing Your Relationship with Gottahalfit.
I0. Discount Voucher Terms and Gottahalfit's Customer Guarantee.
Discount Vouchers purchased and printed from the Website are offered by Gottahalfit on behalf of Merchants that participate with Gottahalfit. The Discount Vouchers are purchased in exchange for either good or services and are typically at a discount from the actual cost. When You place an order with Gottahalfit (in response to an offer) for one of the Merchant's Discount Vouchers, You are agree to be bound by conditions of the Discount Voucher. In order to purchase a Discount Voucher from Gottahalfit, You must establish an account with us. We require that You have an account with a password so that You can: (a) make offers to purchase the Discount Voucher; (b) print Your Discount Vouchers; (c) review Your Discount Voucher purchase history; and (d) safely pay for Your Discount Vouchers. Discount Vouchers purchased by You through our Website are redeemable for goods or services by the participating Merchant. You acknowledge that the participating Merchant is the seller (not Gottahalfit) of the Discount Voucher and the corresponding goods or services. You acknowledge that all Discount Vouchers offered through Gottahalfit are subject to the terms and conditions of this Agreement and the Merchant's sale terms and conditions.
Gottahalfit's Discount Vouchers contain a redemption expiration date ('Expiration Date'). The Expiration Date is published on the Discount Voucher. Please pay careful attention to the Expiration Date to ensure you timely redeem the Discount Voucher. If You fail to redeem the Discount Voucher by the Expiration Date, You will not be able to redeem the Discount Voucher and You will be unable to receive the discount or full ('Promotional Value') offered by the Merchant. If You purchased the Discount Voucher in a state in which expiration dates are prohibited, and You are unable to redeem the Discount Voucher by the expiration date, the merchant must honor the expired voucher at the face value (price you paid) but you will lose the promotional value. Additionally, in the unlikely event that a Merchant goes out of business or fails to honor the Discount Voucher prior to its expiration, as long as it is within sixty (60) days from your initial purchase date, Gottahalfit agrees to provide You with a credit to Your account (in the amount You paid for the Discount Voucher) which credit may be used for the purchase of a future Discount Voucher offered by Gottahalfit. You will have ninety (90) days from the date the credit is issued to use the credit toward the purchase of a new Discount Voucher. If you fail to use the credit toward the purchase of a new Discount Voucher, the credit will expire and you will not be able to purchase another Discount Voucher. There are no exceptions. If the merchant goes out of business before the voucher expires, but more than sixty (60) days after your purchase, you will not be entitled to any type of reimbursement. In the event You are unable to redeem Your Discount Voucher for the reasons stated hereinabove, the credit is the only type of reimbursement that You shall be entitled to receive. You will not be entitled to cash or any other form of reimbursement other than the site credit. Further, You acknowledge and accept that Gottahalfit will not provide a credit reimbursement simply because You are dissatisfied with Merchant's product or service. If you believe that You qualify for a credit reimbursement, please send us written notification outlining the reasons why you qualify, along with a request for credit reimbursment, within thirty (30) days of Your attempt to use the Discount Voucher to: Refund Department, Gottahalfit LLC, PO BOX 960, Fort Lauderdale, Florida 33302.
Many of the offerings made through Gottahalfit are for Restaurant Coupon Vouchers. The following are terms and conditions that apply to Restaurant Coupon Vouchers. These terms and conditions are in addition to all others in this Agreement and to those specific to the restaurant selling the Discount Voucher. (1) The frequency of when You may redeem Your Discount Vouchers may be found on the Website during the offer. (2) You may not share any other vouchers or coupons or promotions with the Discount Vouchers, unless the restaurant otherwise agrees. (3) Unless the restaurant otherwise agrees, Discount Vouchers may not be applied to tips, or taxes. (4) Unless the promotion restaurant provides otherwise, the Discount Coupons are only valid for dining in the restaurant. (5) Do not lose Your Discount Vouchers. They will not be replaced by the restaurant or by Gottahalfit. (6) No one is authorized to sell, transfer, or reproduce any Discount Voucher.