Policies

Terms and conditions

Before using the Kalley Flooring Web site. By accessing and using the site, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (“Agreement”). We may amend these terms and conditions at any time. Your continued use of this Web site constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using this web site to determine the current terms and conditions to which you are bound.

Privacy We collect information about the users of this Web site. Our Online Privacy Policy governs collection of this information. Registration Obligations To access certain portions of this Web site, you must register with us by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized Kalley Flooring staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, we reserve the right to terminate your Personal Profile account and suspend your use of any and all services offered through this Web site. Corporate Identification and Trademarks All registered and/or unregistered trademarks and/or service marks used or referred to on the Web site are the property of Kalley Flooring and/or its affiliates, unless otherwise noted. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without our prior written permission. The use of Kalley Flooring’s trademarks on any other Web site is prohibited.

Copyright All materials contained on this Web site are copyrighted except where explicitly noted otherwise. ©2009 Kalley Flooring. All rights reserved. Proprietary Rights to Content You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Web site, in sponsor advertisements or in other information presented to you (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. We give you permission to electronically copy and print portions of the Web site for your personal use. However, we retain the copyright on all such materials. You understand and agree that you are permitted only to use this Content as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from this Content without our prior, express authorization. Links The use of Kalley Flooring’s trademarks as a “link” on or from any other Web site is prohibited unless we have approved the link in advance.

Disclaimer of Warranties We make no warranty that this Web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results that may be obtained from the use of this Web site or as to the accuracy or reliability of any information obtained through this Web site.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY PROVIDED OTHERWISE, WE PROVIDE THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL KALLEY FLOORING& CO., ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability WE MAKE REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF KALLEY FLOORING& CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification You agree, at your own expense, to indemnify, defend and hold harmless Kalley Flooring, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of this Web site or any product or service related thereto.

Governing Law This Agreement and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Web site and the materials contained in this Web site shall be resolved in a Pennsylvania court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever. Waiver/Severability The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect. Reservation of Rights Any rights not expressly granted herein are reserved.

Online Privacy Policy

We strive to achieve the highest standards of integrity for every online visitor. When you register at the Kalley Flooring Web site, we aim to respect your privacy. This Privacy Policy sets forth how we handle the information we obtain from you and learn about you when you visit our Web site, including:

• The information we collect;

• The choices that are available to you regarding how the information is used and to whom it is disseminated;

• Your rights to access and correct or update your personally-identifiable information; and

• Our pledge to have reasonable security procedures that are in place to protect the loss, misuse or alteration of information under our control. If you have any questions or comments about our Privacy Policy, please contact us at accounts@kalleyflooring.com

NOTICE: Information We Collect and How We Use It We collect two types of information about you when you visit our site: personal information (including, by way of example only, your name, address, telephone number and e-mail address) and non-personal, aggregate information (such as information regarding the pages on our site that you have visited and your IP address).

1. Personally-Identifiable Information - What We Collect. The only personally identifying information we collect and store about you is the information that you choose to provide to us. Your Personal Portfolio Your Kalley Flooring portfolio is an easy way to keep track of the Kalley Flooring products you like. You can establish a portfolio by submitting your name (required), physical and e-mail addresses and telephone number (optional), and by choosing a password (required). To access the portfolio, you will be required to enter your username (a combination of your first and last names) and password. Electronic Mail We gather your personally identifiable information when you send an email. We will use this information to respond to your email. We may also use the information to send you notifications about our service.

2. Sharing Your Information We may share your personally identifiable information with affiliated companies. We use outside shipping companies to ship all commercial orders, as well as all overnight shipments for consumer orders. If you order from us, we will share your personally identifiable information with these companies to fulfill your order. We will also share our commercial customers’ Federal Express and UPS account numbers with these companies in order to fulfill commercial orders. An outside company responds to consumer and commercial requests for additional information about our products. We will share your personally identifiable information with any such company in order to respond to your request.

3. Non-Personally Identifiable Information: What We Collect We collect and use non-personally identifiable information about you in the following ways: Cookies At certain points in your visit to the Kalley Flooring site, our server may send a “cookie” file to your computer. Your web browser may prompt you to accept this file unless you have set your browser preferences to accept all cookies automatically. Cookies are employed primarily as a service to our customers, to extend the relevance and responsiveness of our site. We may link cookie information with any personally identifiable information you provide us. Other Non-Personally-Identifiable Information Our Web site may collect non-personally identifiable information during your visit, such as type of browser, operating system, domain name, or IP address. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the web. Web servers - the big computers that “serve” up Web pages - automatically identify your computer by its IP address. When you visit pages on our Web site our servers log your IP address. We do not link IP addresses to any personally identifiable information. This means that your session will be logged, but you remain anonymous to us. IP address information is used only to improve the service of the Web site, and is then discarded at the end of each session on our site. We also collect information through “referrers” and various environmental variables. A “referrer” is information the Web browser passes along to our Web server that references the URL from which you came. “Environmental variables” include, among other things, the domain from which you access the Internet, the time you accessed our Web site, type of Web browser and operating system or platform used, the Internet address of the Web site you left to visit us, the names of the pages you visit while at our Web site, and the Internet address of the Web site you then visit. We collect all of this information to allow us to detect broad demographic trends, to provide information tailored to your interests and to enhance your experience on our Web site. We may store “referrer” information for a limited period of time prior to deleting this information. Profiling To help us improve our Web site and to ensure that we make every effort to provide you with information and offers that are of interest to you, we may merge your personally identifiable information with click-stream data and other data we have (including cookies and offline data). We will provide notice of this, as well as an opportunity to opt-out of it, at the time and place of information collection and before data is entered on our system. We may also develop a non-identifiable profile on you based on the pages within our site that you visit.

4. Links This Web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every Web site that you visit. Our privacy statement applies solely to information collected when you visit our Web site. Notification of Changes If we decide to change our privacy policy, we will post those changes on our home page so you will always be aware of what information we collect, how we use it, and under what circumstances we disclose it. We will use information in accordance with the privacy policy under which the information was collected. Special Policy Regarding Information from Children Under the age of 13 Our Web site is not targeted to children under the age of 13, and we do not knowingly request personally identifiable information from any child under the age of 13 without parental consent. When we do receive such information, we delete it as soon as we discover it and do not use it or share it with third parties. CHOICE We provide the following choices regarding the use of your information.

• You may set your browser to reject cookies and to erase cookies that have already been placed on your hard drive. However, if you do so, your ability to navigate this site may be limited.

• You may choose not to provide us with any contact information.

• If you would like us to manage your contact status or be removed from any of our on-line mailing lists, email us at accounts@kalleyflooring.com.

• If you do not want your personal or non-personal information merged with cookies and other information, you should not use our Web site.

• If you would like us to delete any personal information you have provided, please send an e-mail to accounts@kalleyflooring.com and write “Delete Personal Info” on the subject line.

ACCESS You may request to see personally identifiable information that we have collected about you via the Internet to update it or to have factual inaccuracies corrected by clicking here.

SECURITY We make every effort to have reasonable security procedures in place to protect the loss, misuse or alteration of information under our control. If you have any questions about the security at our Web site, you can send an email to accounts@kalleyflooring.com.