Please read these Terms and Conditions of Use (“Terms”) carefully before accessing, browsing, or using this web site. By accessing, browsing, or using the websites of Wellmade Floor Covering Int’l Inc.’s or its Affiliates (collectively, “Wellmade Floors”), including, without limitation, www.GoldenArowanaFlooring.com and any content, functionality, services, and products offered on or through such websites (“Site”), you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree to be bound by these Terms or applicable laws each time you access, browse, or use this Site or you do not have the authority to agree to or accept these Terms, you are prohibited from accessing, browsing, or using this Site. “Affiliate” means any entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. For purposes of this definition, the term “control” means the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise.
- Permission is granted to temporarily download one copy of the materials (information or software) on this Site including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof (“Site Materials”) for personal, noncommercial transitory viewing only. This is the grant of a license, not a transfer of title, and this license does not include, without limitation:
- any resale or commercial use of this Site or any Site Materials;
- modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser;
- copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- the collection and use of any product listings or descriptions;
- making derivative uses of this Site or any Site Materials; or
- use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from this Site or any other user of this Site.
- The materials contained in this web site are protected by applicable patent, copyright, and trademark law. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Wellmade Floors or any third party. You may not use any meta tags or any other “hidden text” utilizing Wellmade Floors’ name, trademark, or product name without Wellmade Floors’ express written consent.
- This license shall automatically terminate if you violate any of these Terms and may be terminated by Wellmade Floors at any time. Upon terminating your viewing of the Site Materials or upon the termination of this license, these Terms shall still apply and you must destroy any downloaded materials in your possession, whether in electronic or printed format.
Passwords and Security
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access this Site, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Wellmade Floors immediately. Wellmade Floors reserves the right to take any and all action that it deems necessary or reasonable to maintain the security of this Site and your account, including, without limitation, terminating your account, changing your password, or requesting information to authorize transactions on your account. While Wellmade Floors takes prudent steps to protect your account and this Site, it cannot protect your information outside of this Site. For example, when Wellmade Floors communicates with you via e-mail from time to time, the communication is only secured through secure socket encryption, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that Wellmade Floors may transmit it to you from time to time and store it in an unencrypted form and manner. Wellmade Floors may rely on the authority of anyone accessing your account or using your password and in no event will Wellmade Floors be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Wellmade Floors under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.
THIS SITE, THE SITE MATERIALS AND THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS”. WELLMADE FLOORS MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS WITH RESPECT TO THIS SITE, THE SITE MATERIALS, AND THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE. FURTHER, WELLMADE FLOORS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, LIKELY RESULTS, RELIABILITY, OR CURRENCY OF THE SITE MATERIALS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE OR OTHERWISE RELATING TO MATERIALS, PRODUCTS OR SERVICES ON ANY WEB SITES LINKED TO THIS SITE. WELLMADE FLOORS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WELLMADE FLOORS DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED, OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL WELLMADE FLOORS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO WELLMADE FLOORS’ OPERATION OF, OR YOUR USE OF, THIS SITE, THE SITE MATERIALS OR THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE, EVEN IF WELLMADE FLOORS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WELLMADE FLOORS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY ARISING OUT OF OR RELATING TO WELLMADE FLOORS’ OPERATION OF OR YOUR USE OF THIS SITE, THE SITE MATERIALS OR THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE EXCEED $100.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF WELLMADE FLOORS IN CONNECTION WITH OPERATING THIS SITE.
Revisions and Errata
Subject to applicable laws, Wellmade Floors:
- reserves the right to change the products and services advertised or offered for sale through this Site, the prices or specifications of such products and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person;
- cannot guarantee that products or services advertised or offered for sale on this Site will be available when ordered or thereafter;
- reserves the right to limit quantities sold or made available for sale;
- does not warrant that the Site Materials (including, without limitation, product descriptions or photographs) are accurate, complete, reliable, current, or error-free; and
- reserves the right to cancel, terminate or not to process orders (including accepted orders) where the price or other material information on this Site in inaccurate or when it recognizes abuse of its policies.
If Wellmade Floors does not process an order for such reason, it will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.
Where required by law, taxes applicable to merchandise you are purchasing will be added to your order. In the rare event the amount of tax charged on your order is not correct, you may request a refund in accordance with the state laws applicable to your purchase.
Links to this Site
You are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Site, provided such link does not portray Wellmade Floors or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Wellmade Floors trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Wellmade Floors’ express written consent. All other linking is prohibited without prior consent from Wellmade Floors. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Wellmade Floors or any third party.
Third Party Links
You acknowledge that this Site permits access to products, services, web sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
You acknowledge that Wellmade Floors does not investigate, monitor, represent, or endorse the Third Party Content and Services (including any third party web sites, business listings, data or search results available through this Site). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and Wellmade Floors and its Affiliates, partners, suppliers, and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. Wellmade Floors hereby disclaims any representation, warranty, or guaranty regarding the Third Party Content and Services, whether express, implied, or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
Third Party Terms of Service
You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party located using this Site are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties, or disclaimers contained therein. Furthermore, you acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Wellmade Floors and its Affiliates, partners, suppliers, and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on this Site. Furthermore, you acknowledge and agree that you are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent, or other intellectual property right in the Third Party Content or Services or any products, services, processes, or technology described or offered therein.
You acknowledge and agree that the provision of access to and the listing of any Third Party Content and Service (including any third party web sites, business listings, data, end-user content (including suggestions, comments and recommendations) or search results available through this Site) shall not constitute or imply any endorsement by Wellmade Floors of such Third Party Content and Services. Wellmade Floors reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through this Site, although Wellmade Floors has no obligation to restrict or deny access even if requested by you.
You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that Wellmade Floors and its Affiliates, partners, suppliers, and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
Use of Third Party Content and Services
You agree that the Third Party Content and Services contain proprietary information and material that is owned by Wellmade Floors’ partners, suppliers, and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and you shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that you will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Wellmade Floors is not in any way responsible for any such use by you.
- Links to this Site
All Site Materials are owned by Wellmade Floors and others and are protected by United States and international copyright, trademark and other laws.
The trademarks, service marks and logos used and displayed on this Site are either trademarks or registered trademarks of Wellmade Floors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Wellmade Floors. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Wellmade Floors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Wellmade Floors. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Restrictions on Use
Except as stated in these Terms, none of the materials and intellectual property described in these Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Wellmade Floors or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Wellmade Floors, is strictly prohibited.
To notify us of a suspected copyright infringement, write to us at:
Wellmade Floor Covering Int’l Inc.
Attn: Legal Department
PO Box 2704
Wilsonville, OR 97070
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A description or identification of the copyrighted work you claim has been infringed.
- A description of the material that is claimed to be infringing, and information reasonably sufficient to allow Wellmade Floors to find it.
- Your address, telephone number, and e-mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others’ copyrights may result in a loss of privileges.
If you register on this Site, you agree that any information you provide to us will be current, accurate and complete, and you will promptly update this information if it changes.
Restrictions for Submissions
By using this Site, you agree not to do any of the following:
- Upload to, distribute, create through or otherwise publish through this Site any Submission (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
- Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
- Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
Policies and Enforcement
All access to and use of this Site is governed by and subject to these Terms. Wellmade Floors has the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. It may access at any time and use internally for any lawful purpose information stored on its systems, including the content of any emails or other communications. It may disclose such information to any third party including law enforcement agencies to protect its rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. It may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. It has the right, but not the obligation, to take any action it deems appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of this Site and related services at any time, and block, remove or edit any communication and materials that it believes in its sole discretion may violate applicable law, these Terms or a third party’s rights. Wellmade Floors takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Responsibility for Your Conduct
You represent and warrant that you have and will retain all rights necessary to grant the licenses to Wellmade Floors under these Terms. You remain solely liable for the Content or other information you upload or transmit to any discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Wellmade Floors and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Terms or any applicable laws, your Submissions (including Content), your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use this Site on your behalf arising out of your violation of these Terms.
- Your Information
United States Usage
This Site is operated by a United States entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. Wellmade Floors makes no claims that this Site or any of its content is accessible or appropriate outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You may not use this Site or Wellmade Floors’ services if you are the subject of United States sanctions or of sanctions consistent with United States law imposed by the government of the country where you are accessing this Site or using Wellmade Floors’ services. You are responsible for compliance with all United States or other export and re-export restrictions that may apply to goods, software, technology and services.
Site Terms of and Conditions of Use Modifications
Wellmade Floors may revise these Terms for this Site at any time in its sole discretion without notice. If the Terms are changed, we will post the new terms on this Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Terms as revised, and your use of this Site following the posting will constitute your acceptance of the new Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Terms, this Site, the Site Materials or the products and services available on this Site shall be filed and adjudicated only in the federal or state courts located in Wilsonville, Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.
Orders and Return Policy
By accepting the terms and conditions box on the checkout page you are also accepting Wellmade Floors’ orders and return policy found here.
You must be at least 13 years of age to access or use this Site. This Site is designed for and intended for use by adults. If you are under 18 years of age, you may use this Site only with the involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors, and others under your care and you agree to be responsible for their use of this Site.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
This document was last updated on October 26, 2020.