In consideration of Gold Lot (together with its affiliates, “Gold Lot”) allowing you to use Gold Lot’s Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Gold Lot’s Privacy Policy, (collectively, the “Agreement”).
In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.
Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Gold Lot and creates a valid, binding contract between you and Gold Lot. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties.
Online Properties Defined and Use
The “Online Properties” shall mean Gold Lot webpages including, without limitation, webpages under www.goldlot.com (and associated webpages, e.g. www.flashparking.com), Gold Lot’s social media sites and all associated contents, functionality and services.
The Online Properties are the property of Gold Lot and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Gold Lot), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Gold Lot, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.
Gold Lot reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Gold Lot reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.
Prohibited Use of the Online Properties
You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Gold Lot computer systems or networks connected to Gold Lot through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Gold Lot, a Gold Lot employee, another user or any other person or entity.
Electronic Signatures
The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to help@goldlot.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.
Product and Service Information
The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Gold Lot and its daily prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Gold Lot makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.
Account IDs & Passwords
To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).
You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Gold Lot or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Gold Lot immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Gold Lot will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
Digital Offers
If Gold Lot offers are featured on the Gold Lot Online Properties, they may be redeemed at participating locations. Offers may not be changed or modified in any way. Copying, sale and Internet auction and re-distribution of offers is strictly prohibited. All offers are void where prohibited.
Third Party Sites and Content (Links to Other Websites)
The Online Properties contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Gold Lot of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Gold Lot makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and Gold Lot is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.
Disclaimer of Representations and Warranties
THE ONLINE PROPERTIES ARE PROVIDED BY GOLD LOT ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. GOLD LOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, GOLD LOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. GOLD LOT MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, GOLD LOT DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOLD LOT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,
Representation and Warranty; Indemnity
BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.
You agree to defend, indemnify, and hold Gold Lot, its officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Gold Lot reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Gold Lot defense of any claim. You will not in any event settle any claim without the prior written consent of Gold Lot.
Limitation of Liability
GOLD LOT WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF GOLD LOT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOLD LOT. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.
Gold Lot Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to the Privacy Policy.
Modification and Effectiveness
Gold Lot may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.
Miscellaneous
This Agreement and any applicable Additional Terms constitute the entire agreement between you and Gold Lot regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products or services provided by or through the Online Properties. No Gold Lot consent or approval may be deemed to have been granted by Gold Lot without being in writing and signed by an officer of Gold Lot. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.
You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Gold Lot may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Gold Lot.
Contact Information
If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at help@goldlot.com.