TERMS OF USE
Updated November 8, 2023
Thank you for visiting our Sites, presented to you by Galleher Corporation and its affiliates and subsidiaries(collectively “Galleher,” “we,” or “us”). These Terms of Use (“Site Terms”) govern your access to, and use our of websites (www.galleher.com, www.monarchplank.com, www.rewardflooring.com, www.gemcoreflooring.com), applications, and other online features or services that post or include a link to this Site Terms (collectively, our “Sites”).
Please read these Site Terms carefully. These Site Terms apply solely to your access to and use of the Sites, and do not alter in any way the terms or conditions of any other agreement you may have with Galleher.
In some instances, both these Site Terms and separate terms and conditions may apply to a service we offer (any “Additional Terms”). To the extent there is a conflict between these Site Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
By accessing, browsing, or using any part of the Sites, you agree to be bound by the terms and conditions set forth in, any Additional Terms, and any policies referenced by, these Site Terms, including any subsequent changes to the foregoing. Your use of the Sites is also governed by our Privacy Policy. If you do not agree to these Site Terms, any applicable Additional Terms, or our Privacy Policy, do not access, browse or otherwise use the Sites.
TABLE OF CONTENTS
1. ACCOUNT REGISTRATION
2. OWNERSHIP AND LIMITED LICENSE TO USE MATERIALS
3. PROHIBITED USE OF THE SITES AND MATERIALS
4. LINKS AND THIRD-PARTY CONTENT
5. SOCIAL DISTRIBUTION AND WIDGETS
6. LINKING POLICY
7. CONTESTS, SWEEPSTAKES, AND OTHER INTERACTIVE TRANSACTIONS
8. DISCLAIMER OF WARRANTIES; WAIVER
9. LIMITATION OF LIABILITY; WAIVER
10. INDEMNITY
11. TERMINATION
12. APPLICABLE LAW AND VENUE
13. LOCATION OF THE SITES AND TERRITORIAL RESTRICTIONS
14. CHANGES TO THESE SITE TERMS
15. CHANGES TO SITES
16. MISCELLANEOUS
17. CONTACT INFORMATION
1. ACCOUNT REGISTRATION
Certain areas of the Sites may require registration if you work within the professional flooring industry (such as if you are a flooring or floor covering contractor, retailer, builder, etc.) or may otherwise ask or require you to provide information to participate. ] When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information. If you submit personal information to register for an account or to otherwise participate in any Services offered by us on the Sites, that information will be governed by our Privacy Policy. If you register an account with us, you agree you will not sell or otherwise transfer your account registration or any account rights and that you will keep your registration information confidential. You are responsible for maintaining the confidentiality and security of your account credentials.
Galleher reserves the right to modify, suspend, terminate, or restrict your use of any portion of the Sites or otherwise deny you access, in its sole discretion, to the extent permissible by applicable law, without notice. We will not be liable to you or to any third party for any cancellation, termination, suspension or discontinuance of the Sites or your account. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
2. OWNERSHIP AND LIMITED LICENSE TO USE MATERIALS
You acknowledge and agree that the copyrights, trademarks and other intellectual property rights in the Sites and in all information and materials on the Sites (including past, present, and future versions of any aspect of the Sites) (collectively, the "Materials") are owned by Galleher or its licensors or clients unless expressly indicated otherwise. The Materials are protected by copyright, trademark, and other laws, rules, regulations and treaties. The Materials include, without limitation: graphics, designs, photographs, artwork and other images; audio, video, and audiovisual materials; text; data/information; the layout (i.e., compilation, assembly and arrangement of content within the Sites) and “look and feel” of the Sites; trademarks, service marks including logos; games and promotions; domain names; the source and object code of any part of the Sites; applications and technology; and any and all copyrightable and other materials related to the Sites. Galleher claims neither ownership in, nor any affiliation with, any third-party trademarks appearing on the Sites. Such third-party trademarks are used only to identify their respective owners.
Except as expressly set forth in these Site Terms or expressly granted to you in writing by Galleher, no rights in the Materials (either by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Sites. You may only use the Materials as expressly set forth in these Site Terms. Unauthorized use, copying, reproduction, storing, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating, removal or alteration of advertising or any other misuse of any of the Materials is strictly prohibited.
Subject to your strict compliance with these Site Terms and any Additional Terms, Galleher grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites. You also agree that you will not (including by use of any robot, scraper, or other data-mining technology or process) frame, mask, extract data or other materials from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage).
Except as expressly provided in these Site Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized Galleher employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Sites. Any and all rights to use the Sites that are not expressly granted to you under these Site Terms are reserved for Galleher or its licensors. Nothing contained in these Site Terms will affect, impair, or limit in any way Galleher’s rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
3. PROHIBITED USE OF THE SITE AND MATERIALS
In addition to other prohibitions set forth in these Site Terms, the following is a partial and nonexclusive list of the kinds of activities and content that are prohibited on or through the Sites. You are prohibited from using the Sites or its content:
· For any unlawful purpose;
· To solicit others to perform or participate in unlawful acts;
· To violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances;
· To engage in any activity that might be harmful to minors or others;
· To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
· To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
· To transmit “junk mail” or unsolicited mass mailing or “spam”;
· To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Sites or any related websites or the Internet;
· To collect or track the personal information of others.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of the Sites or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites; and (c) take any action that imposes an unreasonable or disproportionately large load on Gallehers’ hardware and software infrastructure.
We reserve the right to terminate your use of the Sites for violating any of the prohibited uses or any other provisions of the Site Terms.
4. LINKS AND THIRD-PARTY CONTENT
Galleher or third parties may provide links or functionality on the Sites or in communications from us to other third-party sites or content. Galleher has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Sites. Galleher provides links to you only as a convenience, and the inclusion of any link on the Sites does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. If you choose to connect your information on the Sites with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed. Our terms and policies govern any time you visit the Sites directly or indirectly through authorized third-party sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.
Neither Galleher nor its service providers are responsible for the practices of any third parties. Your correspondence and business dealings with third parties found through the Sites, including without limitation, the payment and delivery of products and services, and any terms, conditions, warranties, and representations associated with such dealings are between you and the third party. You acknowledge and agree that Galleher is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.
5. SOCIAL DISTRIBUTION AND WIDGETS
Galleher may allow you to engage in certain personal uses of Materials that include the ability to share Materials with others ("Social Distribution"). For example, the Sites may allow you to send Materials to friends, display Materials on your website or post Materials on a third-party website. You understand that only Galleher can make claims, promises or statements on behalf of Galleher about its products and agree not to do so. You also agree that you will not imply that you and Galleher are affiliated in any way or that Galleher approves of your comments. We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection the Social Distribution of Materials.
NOTICE TO THIRD PARTY SITES: Any Materials made available in connection with your web page, social networking site, or otherwise, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice.
6. LINKING POLICY
Galleher grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that Galleher or the Sites are endorsing or sponsoring any third party or its products, unless Galleher has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Galleher’s sole opinion, harm Galleher or its products; (d) must not use any Galleher’s trademarks without the prior written permission from Galleher; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Galleher’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Sites Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Site Terms, Galleher reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.
7. CONTESTS, SWEEPSTAKES AND OTHER INTERACTIVE TRANSACTIONS
The Sites may offer you opportunities to vote on certain matters and also to enter contests and sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable contest, sweepstakes, or other promotion. By casting a vote or entering contests or sweepstakes, you signify your agreement to all of the terms set forth on the Sites applicable to the balloting, contest or sweepstakes, as well as to the terms set forth in these Site Terms and in our Privacy Policy. See our Privacy Policy for further information.
8. DISCLAIMER OF WARRANTIES; WAIVER
To the fullest extent permissible by applicable law, except as otherwise expressly provided in our Additional Terms, Galleher and its subsidiaries, affiliates, directors, officers, employees, agents, contractors, interns, suppliers, vendors, service providers, licensors, or other representatives of each of them (collectively, “Galleher Parties”) do not make any warranties, representations, endorsements, or conditions of any kind whatsoever, either express or implied, as to: (1) the Sites or Materials, (2) products sold by Galleher (except as otherwise expressly provided in our Additional Terms), and/or (3) security associated with the transmission of information to Galleher or via the Sites including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, system integration, freedom from computer virus, or non-infringement, and as to quality, availability and subject matter of content.
Although Galleher uses reasonable efforts to ensure that all software provided at the Sites is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. To the fullest extent permissible by applicable law, the Galleher Parties disclaim all warranties: (1) that the Sites will meet your requirements; (2) that the Sites or access to them will be uninterrupted, timely, secure, or free of errors or omissions; (3) that defects will be corrected; (4) that the Sites or the servers hosting them will be free of viruses, other harmful code or components; or (5) that the Sites or its content will continue to be available. Galleher is not responsible for typographical errors or omissions on the Sites. You agree that from time to time we may disable the Sites for indefinite periods of time or shut down the Sites at any time, without notice to you. The Galleher Parties will have no liability for any such issues.
Your access to, use of, and/or participation in the Sites, or inability to access, use, or participate, is solely at your own risk. Galleher does not represent or warrant that your use of materials displayed on the Sites will not infringe rights of third parties. Information published at the Sites may refer to products (including samples) that are not available in your country. Without limiting the foregoing, and to the fullest extent permitted by applicable law, the Sites and all products (including samples) sold by Galleher (except as otherwise expressly provided in our Additional Terms or an applicable manufacturer’s warranty) are provided "AS IS", “as available,” and “with all faults”.
If you are dissatisfied with the Sites, your sole and exclusive remedy is to discontinue using it. By accessing or using the Sites you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Sites. The Galleher Parties do not warrant that your use of the Sites is lawful in any particular jurisdiction and the Galleher Parties specifically disclaim such warranties.
9. LIMITATION OF LIABILITY; WAIVER
To the maximum extent permitted by applicable law, you agree that under no circumstances, including negligence, will the Galleher Parties be liable to you or anyone else for any injury, loss, claim, or direct, indirect, incidental, special, punitive, or consequential damages (collectively, “Damages”) that result from the use of or inability to use the Sites, nor shall Galleher be responsible for any Damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Gallehers’ reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to the Sites’ records, programs, or services. Under no circumstances, including but not limited to a negligent act, will Galleher or its affiliates or agents be liable for any Damages of any kind that result from the use of, or the inability to use, the Sites, even if Galleher has been advised of the possibility of such damages or should have known of the possibility of such damages. In no event will the Galleher Parties total liability to you for all damages, losses or causes or actions exceed in total the amount paid by you, if any, to Galleher for a product (including samples) ordered through the Sites or, in the event there has been no amounts paid, the amount of ten United States dollars ($10.00). The prior limitation on damages is not intended to limit the Galleher Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the Galleher Parties’ liability for personal injury or property damage caused by the Galleher Parties, or for the Galleher Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.
By using the Sites, you hereby release the Galleher Parties from any and all claims, damages or losses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, that you may have against them arising out of or in any way relating to the Sites.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental, consequential, or other damages; as a result, the above limitation or exclusion may not apply to you, and the foregoing paragraph shall not apply to a resident of New Jersey to the extent damages to such New Jersey resident are the result of Gallehers’ negligent, fraudulent or reckless act(s) or intentional misconduct.
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
10. INDEMNITY
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Galleher Parties from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, settlements, and expenses, including (but not limited to) reasonable attorney’s fees, made by any third party, due to, arising out of, or directly or indirectly related to: (i) your breach (or anticipatory breach) of any of these Site Terms; (ii) use of the Sites, Materials, other than as permitted by us; (iii) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all administrative and legislative authorities or any agreement you have with a third party; (iv) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other rights of any person or similar matter; (v) any misrepresentation made by you; or (vi) the Galleher Parties’ use of your content or information as permitted under these Site Terms, the Privacy Policy, or any other written agreement between you and Galleher. The GalleherParties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such cases you agree to cooperate with us to defend such claim. You will not in any event settle any claim without the prior written consent of a duly authorized employee of Galleher.
11. TERMINATION
If you violate any of these Site Terms, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed Materials. We reserve the right to immediately terminate your access to or registration on the Sites, remove material from the Sites, take other remedial actions, and seek any remedies permitted by law. The obligation and liabilities of the parties prior to termination will survive the termination of this agreement for all purposes.
We also reserve the right to investigate suspected violations of these Site Terms, including, without limitation, any violation arising out of any emails you send to the Sites or us. Any violation of these Terms may be referred to law enforcement authorities. We will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Site Terms.
12. APPLICABLE LAW AND VENUE
These Site Terms, your use of the Sites and Materials, and any transactions thereunder shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within the State of California , without resort to its conflict of law provisions. You agree that any disputes arising out of or relating to these Site Terms or your use of the Site will be heard only in state or federal court located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
13. LOCATION OF THE SITES AND TERRITORIAL RESTRICTIONS
Galleher controls and operates the Sites from the United States of America. The information provided on the Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject Galleher to any registration requirement within such jurisdiction or country. Galleher makes no representation that these materials are appropriate for use in other locations. We reserve the right to limit the availability of the Sites or any portion of the Sites to any person, geographic area, or jurisdiction, at any time and in our sole discretion. If you use the Sites from other locations you are responsible for compliance with applicable local laws.
Software related to or made available by the Sites may be subject to United States export controls. Thus, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders, or (c) to any country or individual in a manner prohibited under the export control laws of the United States or Canada. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
14. CHANGES TO THESE SITE TERMS
Galleher reserves the right to revise these Site Terms at any time by updating this posting; however, any material change to these Site Terms after your last usage of the Sites will not be applied retroactively unless otherwise required by applicable law. We may also provide notice to you in other ways, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Site Terms unless otherwise specified. Your continued use of the Sites after the effective date of the revised Site Terms (or such other act as specified in the revised Site Terms) will constitute your consent to those changes to the fullest extent allowed by applicable law. However, Galleher will provide notice and obtain your consent (which may be opt-out consent) to the new Site Terms if required. Note that you may need to consent to our new Site Terms in order to continue to use our Sites.
15. CHANGES TO SITES
Galleher reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you. You acknowledge that Galleher may, in its sole discretion, cease to operate the Sites or features within the Sites at any time and without any liability to you.
16. MISCELLANEOUS
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Site Terms or to exercise any right under the Site Terms will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Site Terms.
If any provision of these Site Terms or any Additional Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions to the fullest extent permitted by applicable law.
If a court or other decision-maker should determine that any provisions of these Site Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.
We may assign our rights and obligations under these Site Terms to any party at any time without any notice to you and upon such assignment we may be relieved of any further obligation hereunder. Terms may not be assigned by you without Gallehers’ prior written consent, and any unauthorized assignment and delegation by you is void. You represent to us that you have the authority to register with the Sites according to these Site Terms.
Any ambiguities in the interpretation of these Site Terms shall not be construed against the drafting party.
No amendment to or modification of these Site Terms, or action, or delay, will be binding unless in writing and signed by Galleher. Provisions of these Site Terms that would logically survive termination will survive the termination of these Site Terms for any reason (including without limitation, Disclaimer of Warranties; Limitation of Liability; Waiver).
The communications between you and us use electronic means, whether you visit the Sites or send us emails or other electronic communications, or whether we post notices on the Sites or communicate with you via email or other electronic communications. You (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Galleher provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Galleher will not be liable for any delay or failure to perform, including failure to deliver purchased products, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
These Site Terms and any Additional Terms constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings.
17. CONTACT INFORMATION
If you have any questions about our Site Terms, please contact us by using the “Contact Us” page on the Sites or by calling 1-(800)-448-9663.