Conditions of Use

Terms and Conditions

1. General

Welcome to ColaDailyDeals.com (the “Site”). The Site is part of an online service owned by Midlands Media Group, LLC (“MMG” or “us”) consisting of the offer for sale and fulfillment of discount gift cards or other vouchers ("Vouchers") offered by various merchants ("Merchants") which may be exchanged for goods and/or services provided by Merchants and/or third parties. These Terms and Conditions constitute a legal agreement between you and MMG (“Agreement”) and describe the terms and conditions under which MMG permits your use of the Site, any online and mobile applications owned by MMG related to the Site, and any other services of MMG that display this Agreement (collectively with the Site and the applications, the “Services”). Use of this Site or any of the other Services is also governed by MMG’s Privacy Policy, which is incorporated into this Agreement by reference. The right to use the Services is personal to you and is not transferable to any other person or entity.

By viewing, interacting with, submitting information to, or otherwise using the Services, you agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, you must not use the Services.

2. Modification of Terms and Conditions

We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using the Services after such changes are posted, you agree to be bound by the changes. We suggest, therefore, that you re-read this Agreement frequently to stay informed as to any such changes. Such changes may include, among other things, the adding of certain fees or charges. Any changes to this Agreement will take effect upon the earlier of our action to send an e-mail notice to you or our posting of the updated Agreement on the Site. However, no changes to this Agreement will apply to Vouchers purchased prior to the effective date of such changes. The effective date of this Agreement is set forth at the end of the Agreement, below.

3. Using a Credit Card and your Billing/Statement

MMG does not sell products to children, but does sell to adults, who can purchase with a credit card. If you are under 18, you may use the Services only with the involvement of a parent or guardian. MMG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. Purchases that you elect to make through the Services will appear on your credit card bill as: COLADAILYDEALSCOM or something similar. Midlands Media Group/ColaDailyDeals is the designated contact for the Merchant of Record for the Services. If you have questions pertaining to your order, feel free to contact MMG at 1-803-753-6800.

4. Risk of Loss

All items purchased from any ColaDailyDeals cart as part of the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

5. Lost, Stolen or Damaged

We are not responsible for lost, stolen or damaged deal Vouchers, gift cards or other products one they have been purchased.

6. Closed Establishments

MMG is not responsible if an establishment closes after a purchase is made. We encourage customers to use their Vouchers in a timely manner. No refunds, exchanges or replacements will be offered. Change in ownership qualifies as a closed merchant.

7. Expiration Dates and Underlying Value

Under the provisions of law applicable to your purchase of a Voucher, the Merchant is required to honor the full value for one year from the purchase date. The Merchant may be required to allow you to redeem the Voucher for the actual price you paid for it up to five years from purchase date, per the Federal Gift Card Rule. In other words, if you paid $25 for a $50 Voucher, the Merchant would honor $50 the first year, and $25 years two through five. The voucher is deemed expired on the fifth anniversary of the purchase date, and the Merchant is no longer under any obligation to honor it. If you have presented a Voucher to the Merchant and the Merchant has refused to either redeem the Voucher for the purchase price or refund the purchase price to you (at the Merchant's option), please contact MMG in writing at 2412 Main Street, Columbia, SC 29201. If you are within the redemption period required by applicable law, we will work with you to try to obtain a resolution with the Merchant; however, ultimately, the arrangement is between you and the Merchant, and MMG is not responsible for securing a resolution for you.

8. Product Orders

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service in the Services does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from a supplier, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price and notify you of this occurrence.

9. Order Acceptance

Your order is not complete or guaranteed until you complete all screens. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service, with notice to you if this should occur, and apply a credit to your credit card if applicable.

10. Your Acceptance of Vouchers and/or Merchant Provided Cards

MMG may offer merchant provided cards for sale through the Services. Except as set forth in this Agreement, neither MMG nor its vendors are responsible for the actual available usage duration of any Voucher or card, or the policies of the various businesses who provide the cards and Vouchers. Please contact the retailer or service provider directly to confirm any restrictions, if any.

11. Shipping and Delivery

MMG does not guarantee delivery times of shipments; all delivery times given are estimates and MMG is not liable for any shipping delays. MMG is not liable for undeliverable shipments of Vouchers or other goods. In the event an item is returned as undelivered, MMG will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment. We ship to the continental US, Alaska and Hawaii addresses only. Please allow 7-10 days. Items are considered delivered on the earlier of (i) actual receipt, (ii) notice to us of receipt, or (iii) 10 days after shipment – unless we receive notice of non-delivery.

12. Return Policy

MMG is not responsible for returns; returns are the responsibility of the Merchant. If the deal Voucher is for goods, the Merchant may allow the purchaser time after delivery of the product to inspect and either accept or return the product to the Merchant, at the purchaser's expense, if the condition or quality of the Product does not meet the description provided by Merchant. In the event a Voucher or other good is not received by the customer, MMG may attempt to assist the purchaser try to resolve the situation with the Merchant if the purchaser contacts MMG customer care support at 1-803-753-6800 within the thirty (30) days of receipt of the order.

13. Termination

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth herein. In the event of any termination, you will immediately cease to access to the Site and Services. Any Voucher or good issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher or sale of goods.

14. Prohibited User Conduct

You are prohibited from using the Services for any illegal, abusive, and/or unethical activities. Such activities include, but are not limited to: (i) infringement of any intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (ii) violation of any applicable law or regulation; (iii) actions which are defamatory, threatening, harassing, obscene, child pornographic or harmful to minors; (iv) introduction or use of any viruses, Trojan horses, worms, time bombs, spyware, keystroke loggers or other harmful components (including, without limitation, anything that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (v) use of spam or junk e-mail; (vi) anything harmful or potentially harmful to property of MMG or any third party; and/or (vii) any other actions which are tortious, harmful to person or property, in violation of contract, or criminal. You shall also not use the Services to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of the Services to become users of other on-or offline services directly or indirectly competitive or potentially competitive with MMG. The foregoing provisions of this Section apply equally to and are for the benefit of MMG, its subsidiaries, affiliates 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.

15. Intellectual Property

All content included in this Site or in or through the other Services, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of MMG and/or its third-party content providers. The trademark “COLADAILYDEALS,” as well as the business names, logos, slogans, trade dress and all other marks on this Site or in the Services are trademarks of MMG or its third-party content providers.

You may use material from this Site or the Services only for your own personal, non-commercial use. No portion of this Site or the other Services may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by MMG or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site or the Services.

If you believe in good faith that your copyrighted work has been reproduced on this Site or through the Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Edward Fenno, Esq., Fenno Law Firm, LLC, P.O. Box 20220, Charleston, South Carolina 29413, email: efenno@fennolaw.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site or in the Services.

The foregoing provisions of this Section shall apply equally to and are for the benefit of MMG, its subsidiaries, affiliates 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.

16. Submission of Content by Merchants and Other Users

This Site or other Services may allow Merchants or other users to submit content – either directly to the Site or the Services or through third party service providers. Similar to an Internet Service Provider, MMG is a distributor (and not a publisher) of such third-party content. The following provisions apply to such submissions:

License: By submitting content, you grant MMG a perpetual, non-exclusive, worldwide, royalty-free, fully and freely assignable and sub-licensable license to display, publish, translate, reproduce, distribute, or perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that MMG and its licensees have the right to use your name and likeness in connection with MMG’s publication, display, distribution or other use of such content.
Warranty / Indemnity: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us, (b) any and all claims that someone’s rights were violated by our display or other use of the content that you provide to us.
Monitoring of Content / Removal: You agree that MMG has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Site and/or the Services. You further agree that MMG may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
Release: You agree that you are at least 18 years of age. You agree to release MMG (including without limitation, for purposes of this Section 16.d of the Agreement, the officers, directors, employees, shareholders, owners, members, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, agents, attorneys and representatives of MMG from any and all liability and obligations whatsoever in connection with or arising from MMG’s use or non-use of content submitted by you or any third party.
Privacy: Other than as set forth in the Privacy Policy [make link], MMG may treat any submission and/or communication between you and MMG as non-confidential and non-proprietary. In particular, advertisements, deal Vouchers, emails, comments, social media correspondence from you, and similar submissions will not be considered confidential.
No Endorsement / Recommendation: MMG does not endorse, recommend, or take any responsibility for any content submitted to the Services by any Merchant, advertiser, service provider, vendor, or other third-party, even if MMG displays such content. Under no circumstances will MMG be liable for any loss or damage caused by your reliance on information obtained from third parties through the Services. It is the responsibility of user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through MMG.

17. Disclaimer with Respect to Other Internet Sites

MMG has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site or the Services. MMG is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site or the Services. Viewing of other websites shall be at your own risk.

18. Prohibition on Use / Enforcement of Terms

MMG may at any time, for any reason, prohibit your further use in whole or in part of this Site or the Services. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site or the Services. You hereby expressly agree to waive any claims you may have (whether currently in existence and/or arising hereafter) against MMG for any failure by us to enforce this Agreement, whether against you or a third party. MMG’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.

19. Access Limits

Without MMG’s express consent, you may not frame any pages from the Site or the Services, place pop-up windows over pages of the Site or the Services, or otherwise affect the display of the Site’s pages or of the Services. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site, the Services, or their content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of MMG or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to MMG or by means of this Site or the Services any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission. MMG grants you permission to link to this Site (without framing it) or the Services, but may revoke this permission at any time for any reason.

20. Your Account

In order to obtain certain products or services through this Site or the Services, you may be required to set up an account. In such a case, you will be required to provide certain information about yourself when setting up the account. You may not provide inaccurate or incomplete information. You are responsible for any use of your account, this Site or the Services by anyone using your account password, email address, or other personal identifier. Thus, if for any reason you suspect that your account password or other identifying information has been compromised, you should contact MMG at once.

21. Parental Control Provisions

Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you 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. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.

22. Indemnity

You agree to defend, indemnify, release and hold harmless MMG (including without limitation, for purposes of this Section of the Agreement, Midlands Media Group, LLC, and its officers, directors, employees, shareholders, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with (i) your use or misuse of this Site, the Services or their content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party property. MMG reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MMG in asserting any available defenses and will pay MMG’s attorneys’ fees and costs in such defense. This defense and indemnification obligation will survive this Agreement and your use of MMG.

23. Reservation and Rights and Release

MMG reserves the right, but has no obligation, to monitor, or take any action MMG deems appropriate regarding disputes that you may have with other customers of ours or any Merchants, partners or affiliates. To the extent the law permits, you release us from any claims or liability related to any content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants, partners or affiliates. You hereby waive California Civil Code 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such 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."

24. Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THIS SITE AND THE OTHER SERVICES IS AT YOUR OWN RISK. THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MMG (including without limitation, for purposes of this Section of the Agreement, Midlands Media Group, LLC and its officers, directors, employees, shareholders, owners, members, agents, affiliates, subsidiaries, successors, assigns, licensors, licensees, third party contractors, attorneys and representatives and any other parties involved in creating, producing or delivering this Site, the Services or any of the content, products or services available on or through this Site or the Services) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, MMG MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE OR THE SERVICES, AND/OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE OR THE SERVICES; (ii) THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE OR THE SERVICES; (iv) THAT THE CONTENT OF THIS SITE AND THE SERVICES DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, THE SERVICES, THEIR SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF MMG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MMG DOES NOT GUARANTY THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR THE SERVICES. THE OPERATION OF THIS SITE AND THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF MMG.

UNDER NO CIRCUMSTANCES SHALL MMG BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR THE SERVICES AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO MMG’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF MMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE AND THE SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE OR THE SERVICES.

THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

25. Severability

The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

26. Governing Law and Jurisdiction

MMG’s headquarters are in Columbia, South Carolina. You agree that the laws of the State of South Carolina will govern this Agreement and your use of this Site and the Services. The state and federal courts of Columbia, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site or the Services. You agree to waive any objection based on forum non conveniens or any objection to venue in Columbia, South Carolina of any such action.

27. International Use

The Services are not intended for international use. MMG makes no representation that this Site or the Services (including the content, services or products provided on or through them) are appropriate for or available to locations outside the United States of America; and using this Site or the Services from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site or the Services is void where prohibited. Use of this Site or the Services is done at your own risk and you are responsible for compliance with all local laws.

28. Assignment

You agree that this Agreement and all rights and licenses provided to MMG under this Agreement are fully and freely assignable and sub-licensable by MMG without further compensation to you.

29. Integration and Modification

Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and MMG with respect to this Site and Services, and supersedes all prior or contemporaneous communications or proposals between you and MMG with respect to this Site and the Services. You may not modify this Agreement other than by obtaining MMG’s signed, written consent to such a modification.

30. Notice / Contact

MMG can be contacted at the address listed in the “Contact Us” section of this Site. MMG is entitled to assume that any address information that you provide to us is correct, and MMG may contact you at such address. Notice to you will be considered given when sent.

Revised October 29, 2024