Terms of Use

Welcome to GOGOGORRILLAPHILADELPHIA. We (Bush Communications or "GoGoGorilla") hope your experience will be rewarding and fun.

By using this site (the "Site"), you ("you" or "your") agree to each of the terms and conditions set forth below in Section 1 ("Terms of Use") and in Section II ("Terms of Sale"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions may also be posted in particular areas of the Site and, together with the Terms of Use and Terms of Sale, govern your use of those areas, content or transactions. The Terms of Use, Terms of Sale and the applicable additional terms and conditions, are collectively referred to as this "Agreement." If you do not wish to accept and be bound to the terms of this Agreement, please refrain from using the Site.

I. TERMS OF USE

1. General.
The Site provides an interactive online service operated by Bush Communications, LLC on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through GoGoGorilla and affiliates, and through service providers and Providers (collectively, "Providers") offering vouchers for sale ("Vouchers") which may be exchanged for specified goods or services at or from the Providers.

This Agreement sets forth the terms and conditions that apply to your use of this Site. By using this Site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You acknowledges that, although the Web is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of GoGoGorilla, and GoGoGorilla shall not be responsible for any data lost while transmitting information on the Web. While it is GoGoGorilla'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 GoGoGorilla, access to the Site may be interrupted, suspended or terminated from time to time.

GoGoGorilla shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, Voucher offerings, content, hours of availability and equipment needed for access or use. Further, GoGoGorilla 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. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.

2. Modified Terms.
The last date these Terms of Use were revised is set forth below. GoGoGorilla reserves the right at all times to discontinue or modify all or such of the terms of this Agreement 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 GoGoGorilla 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. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site, provided that these changes will not apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of our Site and any Vouchers purchased by such new users. 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 you after such notice shall be deemed to constitute your acceptance of such modifications.

3. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. GoGoGorilla shall not be liable for any damages to your equipment resulting from the use of this Site.

4. End User Conduct.
This Site and any individual sites or Provider-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Linksites") are private property. All interactions on this Site and/or the Linksites must comply with the terms of this Agreement. 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 and the Linksites to that which involves lawful purposes only. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its content. You agree not to add to, subtract from, or otherwise modify the content of the Site, or to attempt to access any Site content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of others. You 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 GoGoGorilla's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in GoGoGorilla's exclusive discretion restricts or inhibits any other user from using or enjoying this Site and/or any of the Linksites is strictly prohibited. Your shall not use this Site or any of the Linksites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Linksites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with GoGoGorilla.

The foregoing provisions of this Section 4 apply equally to and are for the benefit of GoGoGorilla, its subsidiaries, affiliates, Providers 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 this Site, including the Linksites, is the exclusive property of Bush Communications, LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BUSH COMMUNICATIONS, LLC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Linksites contain or may contain 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. GoGoGorilla owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You 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. You may download, print, and/or save copyrighted material for your 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 GoGoGorilla 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Linksite otherwise owned or operated in conjunction with GoGoGorilla shall not be deemed to be in the public domain but rather the exclusive property of GoGoGorilla, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of GoGoGorilla unless otherwise stated.

End 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.

The foregoing provisions of Section 5 apply equally to and are for the benefit of GoGoGorilla, its subsidiaries, affiliates, Providers 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.
GoGoGorilla reserves the right to terminate its Agreement with anyone who repeatedly infringes third-party copyright rights upon prompt notification to GoGoGorilla by the copyright owner or the copyright owner's legal agent.

7. Disclaimer of Warranty.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND THE LINKSITES IS AT YOUR SOLE RISK. NEITHER GOGOGORILLA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PROVIDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY LINKSITE WILL BEUNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY LINKSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE LINKSITES.

THIS SITE AND THE LINKSITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOGOGORILLA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, PROVIDERABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability.
IN NO EVENT SHALL GOGOGORILLA, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL GOGOGORILLA'S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH THE TERMS OF THIS AGREEEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GOGOGORILLA'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Monitoring.
GoGoGorilla shall have the right, but not the obligation, to monitor the content of the Site and an Linksites 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 GoGoGorilla, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, GoGoGorilla shall have the right, but not the obligation, to remove any material that GoGoGorilla, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. License Grant.
By posting communications on or through this Site or any Linksite, you shall be deemed to have granted to GoGoGorilla 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.

11. Indemnification/Release.
You understands and agree that you are personally responsible for your behavior on the Site. End User agrees to defend, indemnify and hold harmless GoGoGorilla, its affiliates and their respective directors, officers, employees and agents and any third-party information providers from and against all claims and expenses, including attorneys' fees, arising out of or related to your use, misuse, or inability to use the Site, any violation by You of this Agreement, or any products or services purchased by You in connection with the Site or any Linksites.

12. Termination.
GoGoGorilla may terminate this Agreement at any time. Without limiting the foregoing, GoGoGorilla shall have the right to immediately terminate or suspend your passwords or accounts in the event of any conduct by you or which GoGoGorilla, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.

13. Trademarks.
GoGoGorilla is a trademark of Bush Communications, LLC All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on GoGoGorilla are the property of their respective owners.

14. Third-Party Content.
GoGoGorilla, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties. 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 GoGoGorilla.

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, Provider or other user not under contract with GoGoGorilla. GoGoGorilla neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on GoGoGorilla by anyone other than authorized GoGoGorilla employee spokespersons while acting in official capacities. Under no circumstances will GoGoGorilla be liable for any loss or damage caused by yours reliance on information obtained through GoGoGorilla. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through GoGoGorilla.

GoGoGorilla 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 GoGoGorilla of the contents on such third-party sites, and GoGoGorilla hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. Unless you have executed a written agreement with GoGoGorilla expressly permitting you to do so, you may not provide a hyperlink to the Site or any Linksite from any other website. GoGoGorilla reserves the right to revoke its consent to any link at any time in its sole discretion.

The availability for purchase through the Site of Vouchers for goods or services offered by the Providers is not an endorsement by GoGoGorilla of such product or services or of the Provider. It is your responsibility to evaluate the quality of the good or services offered and GoGoGorilla shall have no liability or responsibility if you are dissatisfied with the good and services purchased through such Voucher.

15. Miscellaneous.
This Agreement, including the Terms of Sale set forth below (and which are incorporated into this Agreement), and any operating rules for GoGoGorilla established by GoGoGorilla, 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.

II. TERMS OF SALE

All vouchers printed from the Site or any other website associated with GoGoGorilla (hereinafter "Vouchers") are promotional vouchers that may be used to purchase the specified goods and services from participating Providers in accordance with the terms set by the Provider as specified on the Voucher. By placing an order for a Voucher from a Provider through GoGoGorilla, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. You are required to create an account in order to purchase any Voucher. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.

1. GoGoGorilla is Only a Venue.
The Site acts merely as a venue for Providers to offer Vouchers for products and services to potential customers and for customers to purchase Vouchers for products and services from Providers. GoGoGorilla is not involved in the actual transaction between the Provider and its customer. As a result, GoGoGorilla has no control over the quality, safety, availability or legality of the products and services offered or performed, the truth or accuracy of the Voucher listings, or the ability of the Provider to perform services. GoGoGorilla cannot and does not control whether or not the Provider will complete the performance of the services or provide the goods they offer. Because GoGoGorilla does not and cannot be involved in Provider-to-customer dealings, in the event that you have a dispute with the Provider, or are dissatisfied with the quality of the services or goods purchased through redemption of the Voucher, you hereby releases GoGoGorilla (and its agents, employees, owners, and directors) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

2. Terms and Conditions for Vouchers

• All Voucher offers are subject to terms and availability as specified by the Voucher Provider. GoGoGorilla reserves the right, at its sole option and discretion, to reject or cancel any Voucher requested or purchased by you prior to such Voucher being surrendered to the Provider in exchange for the specified goods or services, In the event of such rejection or cancellation, GoGoGorilla's sole obligations shall be to refund the amount received by GoGoGorilla from you for the rejected or cancelled Voucher.
• The Voucher you purchase through GoGoGorilla is redeemable only for the specified goods or services provided by the Provider as stated on the Voucher. The Provider, not GoGoGorilla, is the seller of the Voucher and the goods and services, and as such, the Provider is solely responsible for redeeming any Voucher you purchase.
• Provider Voucher may be applied only to the goods or services specified on the Voucher and sold by Provider.
• Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
• Vouchers may only be used in full. Unless otherwise required by law, you shall not be entitled to a refund for redeeming the Voucher for less than the full face value thereof.
• The issuing of credit is at the sole discretion of the Provider unless otherwise required by law.
• Neither GoGoGorilla nor the Provider is responsible for lost or stolen Vouchers.
• Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Provider.
• Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with applicable law.
• Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void to the extent permitted by law.

3. LIABILITY FOR PROVISION OF GOODS AND SERVICES
The Providers are issuers of the vouchers and the sellers of the goods or services which you are purchasing through the Vouchers. As such, the Provider shall be fully and solely responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you in connection with your purchaser of goods or services through redemption of the Voucher.

You, for yourself and your heirs, successors and assigns, forever waive, and release GoGoGorilla and its officers, directors, employees and agents from, any claim, liabilities, damages, or injuries arising from or related to any act or omission of a Provider, or arising out of or in connection with services provided or goods sold to you through a Voucher purchased from GoGoGorilla. GoGoGorilla makes no warranties or representations concerning the goods or services purchased from the Providers including, without limitation, as to merchantability or fitness for a particular use or purpose. All product or service warranties are those of the Provider only.

4. Payment Terms

• All Vouchers are priced in United States Dollars.
• Payment in full is due upon ordering;
• Visa, MasterCard, and American Express accepted.

5. Sales Tax
Any and all applicable sales tax transactions for goods and services purchased on GoGoGorilla are between voucher purchaser and voucher provider. It is the sole responsibility of the voucher provider and not GoGoGorilla to accept and process any sales tax that is applicable. The voucher purchaser and voucher provider agrees to comply with all local, state and federal tax laws.

6. Order Acceptance
All Voucher offers are subject to terms and availability as specified by the Voucher Provider. GoGoGorilla reserves the right, at its sole option and discretion, to reject or cancel any Voucher requested or purchased by you prior to such Voucher being surrendered to the Provider in exchange for the specified goods or services, In the event of such rejection or cancellation, GoGoGorilla's sole obligations shall be to refund the amount received by GoGoGorilla from you for the rejected or cancelled Voucher.

You will receive either confirmation that your order was accepted or notification of the rejection of your order by email. GoGoGorilla reserves the right, without prior notification, to reject or limit the dollar amount of any order or to change the price or reduce the quantity of Voucher's available for purchase.

7. All Sales Final
Sales of Vouchers are final. Except as otherwise provided for in this Agreement, or required by law, GoGoGorilla shall not be required to provide any refund under any circumstances. GoGoGorilla shall have no liability in the event that a Provider fails to honor a Voucher purchased through this Site. In such event, your sole remedy shall be to seek redress against the Provider only.

 

© 2010, 2011 Bush Communications All Rights Reserved.