Terms & Conditions

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Welcome to the Global Choices INC e-Commerce Website (referred to as the "Site" below). By using this Site, you agree to abide by the following Terms of Use. Please read them carefully. If you have any inquiries, feel free to contact us.

These Terms of Use were last updated on May 21, 2023.

ACCEPTANCE OF TERMS OF USE:

Global Choices INC, Inc. ("Global Choices INC," "we," "us," or "our") owns and operates the website https://globalchoicesusa.com, including the mobile and touch versions, as well as any future sites that refer to these Terms of Use. By using the Site, accessing Global Choices INC services through the Site, creating an account, or making a purchase on the Site, you agree to these Terms of Use and any additional terms applicable to specific programs you choose to participate in. You also acknowledge and agree to our Privacy Statement, which is incorporated by reference and can be found in our Privacy Policy. It is your responsibility to regularly review the Terms of Use to stay informed about any updates. Together, the Privacy Statement, these Terms of Use, and any other referenced or incorporated terms are collectively referred to as the "Terms of Use." The term "using" also includes any individual or entity that accesses or uses the Site with crawlers, robots, data mining, extraction tools, or any other functionality.

If you do not agree to these Terms of Use, please refrain from using the Site, any Global Choices INC services, participating in any programs, or making any purchases through the Site.

Please carefully review the following sections of these Terms of Use: (A) Dispute Resolution/Arbitration Agreement, including the Class Action Waiver described therein, (B) Limitation of Liability, and (C) Indemnification/Release.

These Terms of Use are organized as follows:

The Site acts as a platform for various merchants ("Merchants") to offer their products and services. This includes the sale of goods, services, or experiences, travel goods and services, direct sale of goods and services ("Merchant Products"), food, beverage, these offerings are referred to as "Global Choices INC Deals." Merchants are solely responsible for the care, quality, and delivery of goods and services provided through the Merchant Offerings. Global Choices INC Merchant Services, or Global Choices INC LLC.

Additionally, the Site allows you to purchase products directly from Global Choices INC ("Products") and participate in other available programs.

Please note that certain Merchant Offerings, Products, programs, and pricing on the Site may change at any time, at Global Choices INC's discretion, without prior notice.

Ownership of the Site:

The Site, its content, and the underlying infrastructure are the property of Global Choices INC, our affiliates, Merchants, and other content providers. By using the Site and agreeing to these

Use of the Website: By using the Global Choices INC website, you agree to the following conditions: • You have reached the age of majority in your state or province of residence. • You can enter into a legally binding agreement. • You are eligible to receive products or services under the applicable law. • You will not use the website with tools like crawlers, robots, data mining, or extraction tools, or any other unauthorized functionality. • Your use of the website will always comply with these Terms of Use. • You will only make legitimate purchases that adhere to the terms of the respective offers. • You will only make purchases on the website for personal use, enjoyment, or as gifts for others. • You have the right to provide accurate, true, current, and complete information when submitting any information to the website. • You will keep your account information and other submitted information accurate and up to date (outdated information may result in account invalidation). • To purchase a Merchant Offering, Product, or participate in other available programs, you must create an account or use the guest checkout feature on the website, subject to the applicable Terms of Sale outlined in these Terms of Use.

Website Access:

Global Choices INC reserves the right, at its sole discretion, to deny service or access to the website or an account to anyone, at any time, and for any reason. While we make reasonable efforts to keep the website and your account accessible, there may be occasional interruptions or events that prevent access to the website or your account, both within and outside our control.

Modification:

We reserve the right to discontinue or modify any part of these Terms of Use at any time, at our sole discretion. If the changes affect your use of the website or our services, we will provide notice of the change on the Terms of Use page. The updated Terms of Use will be effective upon posting the notice. However, the changes will only apply prospectively and not retroactively. If you do not agree with the changes, you may close your account and should refrain from using the website or any services offered through it after the effective date of the changes. We recommend regularly reviewing the Terms of Use to stay informed of any updates. By posting notice of changes on the Terms of Use page, we consider it sufficient notice to inform you of the changes. Your continued use of the website or our services after the changes are implemented will indicate your acceptance of the modified Terms of Use.

Your Account:

You may create and maintain only one account on the website for personal use, and you must register using a valid credit card. It is your responsibility to update and correct any information you provide during the account creation or maintenance process. Within your account settings, you have the option to save, edit, or delete your personal information, including your credit card details, and to opt-out of persistent login. You understand that Global Choices INC bears no responsibility for any incidents arising from your account settings. Safeguarding your password and overseeing the use of your account is your sole responsibility. You are accountable for maintaining the security of your account and ensuring that your preferences are accurately reflected. We assume that anyone using the website or conducting transactions through your account is you. You agree to be solely responsible for any activity occurring under your account. The website may allow you to make purchases without an account or without logging in through the guest checkout feature. If you make a purchase in this manner and do not already have an account, we will create one for you based on the information provided during the transaction (such as your name, address, email address, and other transaction details). You may claim this account later by creating a password.

Your Responsibilities:

When using the Global Choices INC e-Commerce Website, you are required to adhere to the following terms and conditions. If, in our sole discretion, we determine that your conduct hinders or prevents other users from enjoying the Site, we may limit or terminate your privileges on the Site. We reserve the right to pursue other remedies, including the cancellation of your account or forfeiture of any unredeemed value in your account.

Prohibited Activities:

The following activities are strictly prohibited on the Global Choices INC e-Commerce Website and are considered violations of these Terms of Use:

Submitting content that violates applicable laws, including intellectual property laws, privacy rights, publicity rights, and defamation laws.
Sharing personal information unless explicitly requested by us.
Uploading content that contains viruses or malware.
Offering unauthorized downloads of copyrighted, confidential, or private information.
Impersonating others or posting messages as non-spokesperson employees of Global Choices INC or disclosing confidential information about Global Choices INC.
Creating or forwarding chain letters.
Intentionally providing false information, engaging in fraud, or falsifying information related to your Global Choices INC account or creating multiple accounts.
Posting content that is protected by copyright, trademark, or other proprietary rights without obtaining permission from the owner.

Forbidden Actions: You must not attempt or engage in any of the following actions:

Accessing data that you are not authorized to access, such as logging into unauthorized servers or accounts.
Scanning or monitoring the Site to gather data for tracking sales, usage, pricing information, or similar purposes.
Testing or breaching the security or configuration of the Site or interfering with security or authentication measures.
Interfering with the service provided to any user, including submitting viruses, overloading the Site, or attempting to disrupt its functioning.
Using frames, framing techniques, or other technologies to enclose Site content without our written permission.
Using Site content, including user-generated content, in meta tags or "hidden text" without our written permission.
Using the Site or its content for advertising, solicitation, or competition with Global Choices INC without explicit permission.
Using the Site or its resources to solicit users or partners for competitive online or offline services, including aggregating deals offered by Global Choices INC.
Collecting content from the Site, including deals, and diverting traffic from the Site without our written permission.
Collecting personal information, user-generated content, or content from consumers or merchants without authorization.
Tampering with the proper functioning of the Site, causing excessive demand on our services, or reselling your access to the Site or purchases made through the Site.
Exceeding quantity limits for purchases or using your account for unauthorized purposes not permitted by these Terms of Use and specific offer terms.
Accessing, monitoring, or copying Site content using automated means or manual processes without our written permission.
Violating any robot exclusion headers on the Site, bypassing measures to limit access, or aggregating deals or content from the Site without permission.
Deep-linking to any part of the Site without our written permission.
Hyperlinking to the Site from another website without our initial and ongoing consent.
Acting illegally or maliciously against the business interests or reputation of Global Choices INC, its merchants, or its services.

Privacy Protection:

We prioritize the privacy of your Personal Information. We encourage you to review our Privacy Statement to understand how we collect, use, and share personal data, as well as your choices. The Privacy Statement is an integral part of these Terms of Use.

Terms of Sale:

By making a purchase or obtaining any Merchant Offering or Product through our website, you agree to abide by these Terms of Use, which include the Terms of Sale.

Special Programs: By participating in special programs offered by our website, such as Global Choices INC Reserve, Global Choices INC Bucks, Trade-In Program, Coupons, or Global Choices INC+ (Card-Linked) Deals, you agree to comply with these Terms of Use as well as any additional terms specific to each program.

Copyright and Trademarks:

Our website contains copyrighted material, trademarks, and other proprietary information that are protected by United States copyright, trademark, and intellectual property laws. The content on our website, including text, software, photos, videos, graphics, music, and sound, is owned by Global Choices INC. You are not permitted to modify, distribute, publish, transmit, publicly display, publicly perform, create derivative works, or exploit any of the content, either in whole or in part, without the express permission of Global Choices INC or the copyright owner. Any violation of these restrictions may result in legal consequences.

Global Choices INC owns trademarks displayed on the website, while other marks may be used under license from the respective trademark owner. Unauthorized use of Global Choices INC's name, logos, trademarks, or brands, as well as the trademarks or brands of others displayed on the website, is strictly prohibited without explicit permission from Global Choices INC.

User Content:

Our website may provide registered users and visitors with various opportunities to submit or post user-generated content, such as reviews, opinions, ratings, discussions, comments, messages, survey responses, and other communications. By contributing user content, you agree not to upload, post, or make available any material that infringes on the copyright, trademark, or other proprietary rights of others without proper authorization. You are solely responsible for any infringement, damages, or harm resulting from such submissions.

Global Choices INC reserves the right, though not the obligation, to review, edit, post, refuse to post, remove, monitor, and disclose user content and the circumstances surrounding its transmission at any time and for any reason. This includes determining compliance with these Terms of Use, operating rules, applicable laws, regulations, or government requests. Global Choices INC assumes no liability for user content or its removal from the website or elsewhere. Furthermore, Global Choices INC has no obligation to use user content and may choose not to use it at all.

Please note that user content is public and may be accessed and read by anyone, including individuals who are not users of Global Choices INC's services. Do not include any personal information in your user content unless you intend for it to be publicly disclosed. Global Choices INC is not responsible for the use or disclosure of any personal information shared in connection with user content.

License Grants:

By submitting user content or other information on our website, you grant Global Choices INC a royalty-free, perpetual, irrevocable, sub licensable, fully paid-up, non-exclusive, transferrable, worldwide license to use, display, distribute, and commercialize any personal information associated with your user content. This includes the right to offer for sale and sell such rights in personal information, whether the user content appears alone or as part of other works, in any form, media, or technology. Global Choices INC may sublicense these rights to multiple tiers of sublicenses without providing compensation to you. However, Global Choices INC is not obligated to use your personal information in connection with any user content.

You retain ownership rights in and to the user content you submit or post on our website. Nonetheless, by contributing user content, you grant Global Choices INC a royalty-free.

Unsolicited Ideas:

Global Choices INC does not accept or consider unsolicited ideas of any kind. Please refrain from sending us any unsolicited materials, including ideas, suggestions, images, or other work. By submitting unsolicited materials, you acknowledge and agree to the following terms:

Global Choices INC has no obligation to review or keep any unsolicited materials confidential.
Global Choices INC may use, redistribute, and own unsolicited materials without any obligation to acknowledge or compensate you.

Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures:

Infringement Reporting Procedures: If you believe that any material or products on the Global Choices INC website infringe your intellectual property rights, you can report your concern by submitting an infringement complaint.
DMCA Procedures: Global Choices INC may terminate the right to use the website of any user who infringes copyrights. If you believe that any material posted on the website constitutes copyright infringement, you must provide Global Choices INC's designated DMCA Agent with specific information to address the issue.

Please note that the contact information for Global Choices INC's DMCA Agent for notice of claims of copyright infringement is as follows: [Provide the contact information for the DMCA Agent].

Disclaimer of Warranty:

Your use of the Global Choices INC website is at your own risk. Global Choices INC and its affiliates do not warrant that the website will be uninterrupted, secure, virus-free, or error-free. Additionally, Global Choices INC does not guarantee the accuracy, completeness, or reliability of the content, merchant offerings, products, or other available programs on the website. The website, its content, and all other information accessible through the website are provided on an "as is" and "as available" basis. Global Choices INC disclaims all representations, warranties, and conditions, whether express, implied, or statutory, including but not limited to those of title, non-infringement, non-interference, merchantability, suitability, and fitness for a particular purpose.

Limitation of Liability:

In no event shall Global Choices INC, its subsidiaries, affiliates, employees, officers, directors, agents, merchants, partners, or third-party content providers be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website, the content, user content, merchant offerings, products, or other available programs. Global Choices INC's liability for merchant offerings, products, or other available programs shall not exceed the amounts paid for the applicable voucher, product, or service. These limitations of liability do not affect any warranty provided directly by a merchant or the applicable manufacturer of physical products, nor do they limit any remedies you may have for product-related injury.

Electronic Communications:

When you use the Global Choices INC website or send emails to Global Choices INC, you consent to receive electronic communications related to your use of the website. We may communicate with you via email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirements for written communications. Notices from Global Choices INC will be considered delivered and effective when sent to the email address you provide on the website or from which you email us.

Websites of Others:

The Global Choices INC e-Commerce website contains links to websites maintained by other parties. These links are provided for your convenience, and we do not endorse or express any opinion about the content on such websites. We explicitly disclaim any responsibility for the accuracy of materials or the privacy practices of those websites. If you choose to access websites maintained by other parties, you do so at your own risk. We are not liable for any damage, loss, or liability caused or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on or through such linked sites.

Indemnification/Release:

By using the Global Choices INC e-Commerce website, you agree to defend, indemnify, and hold harmless Global Choices INC, its subsidiaries, and affiliates, as well as their directors, officers, employees, and agents, from any claims and expenses, including attorneys' fees, arising from or related to: (a) any User Content submitted or posted by you or any violation of these Terms of Use in connection with the website; (b) any fraud, intentional misconduct, or gross negligence committed by you; or (c) any violation of applicable laws or third-party rights.

Responsibility for Interactions:

You are solely responsible for your interactions with merchants and other users of the Global Choices INC e-Commerce website. To the extent permitted by applicable laws, you hereby release Global Choices INC from any and all claims or liability related to any product or service provided by a merchant, regardless of whether it is available through our website. This includes any harm caused to you by the actions or inactions of a merchant, their failure to comply with applicable laws or the terms of an offering, or any other product or service obtained from them. Furthermore, this release extends to any conduct, speech, or user-generated content of third parties, whether online or offline.

Force Majeure:

Global Choices INC and its affiliated merchants shall not be held responsible for any failure or delay in performance under these Terms of Use due to events or circumstances beyond their reasonable control. These events or circumstances may include, but are not limited to: (a) weather conditions or acts of nature; (b) acts of war, terrorism, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) major computer hardware or network failures or software disruptions; or (f) any other causes beyond the reasonable control of Global Choices INC or its affiliated merchants.

Assignment:

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, without the express written permission of Global Choices INC. Any attempted assignment in violation of these Terms of Use will be considered null and void. Global Choices INC reserves the right to assign these Terms of Use, in whole or in part, to any third party at its sole discretion.

Entire Agreement:

These Terms of Use, including the incorporated Terms of Sale, Special Programs, Privacy Statement, and any other terms referenced herein, constitute the entire agreement between you and Global Choices INC regarding the use of the e-Commerce website. They supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Global Choices INC regarding such matters.

Choice of Law:

Any disputes arising from or related to these Terms of Use or your use of the Global Choices INC e-Commerce website or services shall be governed by the laws of the State of Illinois, without regard to its choice of law rules or conflicts of laws principles. If you reside in Canada, disputes shall be governed by the laws of the province in which you reside at the time you enter into these Terms of Use.

Dispute Resolution/Arbitration Agreement:

(a) Binding Arbitration. Any dispute or claim between you and Global Choices INC and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (collectively referred to as the "Global Choices INC Entities") arising from, relating to, or in connection with the Terms of Use, the website, your use of the website, your personal information, or any products or services ("Disputes") shall be resolved exclusively through final and binding arbitration. However, you may bring a qualifying claim over a Dispute in a small claims court. By agreeing to this Dispute Agreement, you and Global Choices INC agree to forgo the right to pursue a Dispute in court before a judge or jury, except as otherwise specified in this Section 24(a) or Section 24(d). This Section 24 constitutes your and Global Choices INC's agreement to arbitrate Disputes under the Federal Arbitration Act ("Dispute Agreement"). The arbitration will be conducted by the American Arbitration Association ("AAA") and governed by its rules, including the AAA's Consumer-Arbitration Rules available at the ADR Consumer site. The arbitrator will apply this Agreement, applicable law, and the facts to issue a reasoned award, if appropriate.

To initiate an arbitration proceeding, you must submit the Dispute by using the forms available at the ADR Consumer site and send a copy of the completed form to the following address: 7780 Yorktown Avenue, Huntington Beach, CA 92648; Global Choices INC Customer Support. Filing, administration, and arbitrator fees will be governed by the AAA's rules. Global Choices INC will reimburse these fees for Disputes totaling less than $10,000, unless the arbitrator deems the Dispute frivolous. Global Choices INC will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous. The arbitration will be conducted based on written submissions, unless you request or the arbitrator determines a telephone or in-person hearing is necessary. You unconditionally agree that (1) the arbitrator's decision will be based on these Terms of Use and any other agreements referenced herein that you have entered into in connection with the website; (2) the arbitrator will apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and will respect legally recognized claims of privilege; and (3) if the AAA is unavailable or unwilling to hear the Dispute, you and the relevant Global Choices INC Entity(ies) will agree to, or a court will select, another arbitration provider.

(b) No Class Action Matters. Both parties agree to bring any Dispute against the other in their individual capacity, not as a plaintiff or class member in any purported class, representative proceeding, or association. Disputes will be arbitrated only on an individual basis, and the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the authority to modify these provisions.

(c) Choice of Law and Forum; No Jury Trial. If a Dispute proceeds in court for any reason: (i) except for qualifying claims over a Dispute in a small claims court, which you may bring in a court of competent jurisdiction in the county of your residence, you and Global Choices INC agree that the Dispute may only be filed in a state or federal court in Los Angeles County, California/Western District of California; (ii) you and Global Choices INC consent and submit to the exclusive personal jurisdiction and venue of such courts for resolving the Dispute; and (iii) you and Global Choices INC waive the right to a trial by jury. The Federal Arbitration Act, AAA rules, applicable federal law, and the laws of the State of California, without regard to conflicts of law principles, will govern this Dispute Agreement and any Disputes.

(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring a suit in court seeking an injunction or other equitable relief related to the infringement of intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or security of the website, and/or any illegal or intentional act against your interests or the general business interests of Global Choices INC.

(e) Severability. Except for Section 24(b) above, if any part of this Section 24 is deemed unenforceable, the remaining provisions shall remain in full effect and be construed and enforced as if the unenforceable portion were not contained herein. If Section 24(b) is ruled unenforceable, Section 24(a) shall also be deemed unenforceable, but the rest of Section 24 will remain in full effect.

Additional Disclosures:

No waiver by either party of any breach or default or failure to exercise any right under these Terms of Use shall be deemed a waiver of any preceding or subsequent breach, default, or right. The section headings used herein are for convenience only and hold no legal force or effect. If a court of competent jurisdiction deems any provision of these Terms of Use invalid, it shall not affect the enforceability of the other provisions, and the remaining portions shall remain in full force and effect.

The provisions of these Terms of Use apply equally to Global Choices INC, its subsidiaries, affiliates, merchants, and third-party content providers and licensors. Each party shall have the right to assert and enforce such provisions directly for their benefit.

Global Choices INC, LLC. Correspondence should be directed to: Global Choices INC, LLC. 4535 W Addison Street, Chicago, IL 60641; Global Choices INC Customer Support.