TERMS AND CONDITIONS

This website (“Site”) is owned and operated by The Gallery Sportsman’s Club LLC (“The Gallery Sportsman’s Club & Range”). These Terms of Use (“Terms of Use”) contain the terms, covenants, conditions, and provisions upon which you (also referred to herein as “User”) may access and use this Site and the content. By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy (“Privacy Policy”) and the Purchase Agreement (“Purchase Agreement”) and consent to The Gallery Sportsman’s Club & Range’s use of your Personal Data set out therein.  If you do not agree to these Terms of Use, the Privacy Policy, and the Purchase Agreement, you may not use this Site.

We encourage you to review the following information carefully.

Indemnification and Agreement to Defend: I fully agree that if any of my representations when making purchases under the Terms of Sale are incorrect or if I fail to comply with these Terms of Sale, then I will indemnify, defend, save harmless, and release The Gallery and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from my purchase from The Gallery Sportsman’s Club & Range. I fully agree that by placing my order, I release The Gallery Sportsman’s Club & Range from any and all liability arising from or related to the products I purchased from The Gallery Sportsman’s Club & Range, including (but not limited to) my or anyone else use of the product, my or anyone else’s storage of the product, and my or anyone else’s handling or transportation of the product, and I agree to indemnify, defend, save harmless, and release The Gallery Sportsman’s Club & Range and its owners, agents, officers, and employees against any civil liability or criminal prosecution resulting from the products I purchased from The Gallery Sportsman’s Club & Range.

Class Action Waiver: You expressly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.

Disclosure: We may disclose your personal information if we are required by law to do so or if you violate our terms of Service.

Changes in Policy: The Gallery Sportsman’s Club & Range reserves the right to modify, alter, delete, and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

Confidential Information: “Confidential Information” means any information or data disclosed by The Gallery Sportsman’s Club & Range to you whether labelled as such and regardless of the method of transmission or the media in which the same is stored or recorded.  Confidential Information includes but is not limited to financial, customer, commercial, marketing, sales, strategic, technical, or scientific information (including without limitation all trade secrets (as defined by applicable law)), software or firmware code, product designs and/or specifications, algorithms, computer programs, inventions, unpublished patent applications, manufacturing or other technical or scientific know-how, specifications, technical drawings, diagrams, schematics, technology, processes, discoveries, ideas, concepts, know-how, techniques, materials, formulae, compositions, information, data, data summarizations, results, plans, surveys and/or reports of a technical nature or concerning research and development and/or engineering activity, Derivatives (as defined below) of Confidential Information, and any and all other business information of The Gallery Sportsman’s Club & Range and its affiliates. “Derivatives” means: (i) for copyrightable or copyrighted material, any translation, abridgment, revision or other form in which an existing work may be recast, transformed or adapted; (ii) for patentable or patented material, any improvement thereon; (iii) for material that is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws; and (iv) for all intellectual property, any products, concepts, and paperwork derived therefrom. Without limiting the foregoing, Confidential Information expressly includes all writings or other media prepared by User that contain or otherwise reflect Confidential Information of The Gallery Sportsman’s Club & Range. All right, title, and interest in The Gallery Sportsman’s Club & Range’s Confidential Information is the exclusive property of The Gallery Sportsman’s Club & Range (or, to the extent applicable, of any third party that has permitted The Gallery Sportsman’s Club & Range to disclose its information hereunder).

Grant of License: These Terms of Use provide User with a limited personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print and download materials and Confidential Information on the Site solely for use conditioned on your continued compliance with the terms and conditions of these Terms of Use, and only for internal personal or business use, or that of your Representatives (as defined below), provided that you or your Representatives do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information, data, reports, or material obtained from or through the Site. Further, you may not post any content from the Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of The Gallery Sportsman’s Club & Range. You warrant to The Gallery Sportsman’s Club & Range that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with the Site, or (ii) collecting any information about other users of the Site, including passwords, accounts or other information.

Obligations of Confidentiality: User will keep Confidential Information confidential and secure and will use at least the same standard of care to protect the Confidential Information as User employs for the protection of its own proprietary information, but in no case less than a reasonable standard of care. Except as provided in this Terms of Use, the User will not disclose the Confidential Information to any third party, use or appropriate in any manner the Confidential Information for its own or any other party’s use or benefit, or use the Confidential Information in any manner that would be adverse to The Gallery Sportsman’s Club & Range. Confidential Information will not be reproduced in any form except as required to accomplish the intent of this Terms of Use. The User will promptly notify The Gallery Sportsman’s Club & Range in writing of any actual or suspected loss or unauthorized use, disclosure or access of User’s Confidential Information.

Representatives: User will restrict the possession, knowledge, and use of The Gallery Sportsman’s Club & Range’s Confidential Information to its officers, directors, employees, professional advisors, and/or subcontractors and those of its Affiliates (collectively, “Representatives”) who are acting solely for the benefit of the User. The term “Affiliates” as used herein will refer to any entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the User. Any Representative to whom the User gives access to any Confidential Information of The Gallery Sportsman’s Club & Range must be bound by this Terms of Use as evidenced by a separate, and legally enforceable, agreement. User agrees that it will be liable for any breach of this Terms of Use caused directly or indirectly by its Representatives or Affiliates.

Exclusions: Confidential Information does not include any information as to which the User is able to demonstrate: (i) is, or after the date of disclosure under this Terms of Use becomes, generally available to the public other than as a result of any actions or omissions of the User or its Representatives; (ii) was already known by the User prior to the time of disclosure under this Terms of Use, as evidenced by written records kept by the User in the ordinary course of its business or as evidenced by proof of actual prior use by the User; (iii) subsequent to disclosure under this Terms of Use, is received without restriction on disclosure from a third party that is lawfully in possession of such information, and with respect to such information, is not, to User’s knowledge, in violation of any legal, contractual, or fiduciary obligation to The Gallery Sportsman’s Club & Range or to any other party from which it obtained such information; or (iv) is developed by the User independently without any use of or reference to the Confidential Information.  Any combination of Confidential Information with information not so classified will not be deemed to be within one of the foregoing exclusions merely because individual portions of such combination are free of any confidentiality obligation or are separately known in the public domain.

Intellectual Property Rights: All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of The Gallery Sportsman’s Club & Range or its licensors or affiliates and, except as expressly provided herein, The Gallery Sportsman’s Club & Range does not grant any express or implied right in any such materials to you. The contents of the Site are © 2020, The Gallery Sportsman’s Club & Range Shooting Center, LLC and/or its licensors or affiliates.  All rights reserved. In particular and without limitation, The Gallery Sportsman’s Club & Range’s own copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. “The Gallery Sportsman’s Club & Range” and all other names, logos, and icons identifying The Gallery Sportsman’s Club & Range and/or The Gallery Sportsman’s Club & Range’s products and services are proprietary marks of The Gallery Sportsman’s Club & Range or its licensors or affiliates. Third party product and company names mentioned herein are the trademarks of their respective owners

Password Policy: Your use of certain portions of the Site requires a password. As part of the registration process, you must select a member name and password and agree to provide The Gallery Sportsman’s Club & Range with accurate, complete and up-to-date information. Your username and password are exclusive for your use.  Anyone with knowledge of your password is prohibited from gaining access to the restricted portions of the Site and the information available to you.  By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through the Site using your password. You will also immediately notify The Gallery Sportsman’s Club & Range if you become aware of any loss or theft of your password or any unauthorized use of your password. The Gallery Sportsman’s Club & Range reserves the right to delete or change a password at any time and for any reason.

Assumption of Risk: You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While The Gallery Sportsman’s Club & Range has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed. Accordingly, The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. User and its affiliates expressly disclaim any liability for any loss or injury caused in whole or in part by negligence or any other error made by human or machine concerning the production, compilation or distribution of the Site. User expressly assumes the entire risk for the results and performance of the Site. User assumes the sole and complete risk of using the Site.

Enforcing Security: Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, The Gallery Sportsman’s Club & Range reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. The Gallery Sportsman’s Club & Range will also comply with all court orders involving requests for such information.

Links to Other Websites: The Gallery Sportsman’s Club & Range may provide links, in its sole discretion, to other websites on the Internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by The Gallery Sportsman’s Club & Range and are maintained by third parties over which The Gallery Sportsman’s Club & Range exercises no control. Accordingly, The Gallery Sportsman’s Club & Range expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products, or services provided by or advertised on and/or software downloaded from these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.

Events Beyond The Gallery Sportsman’s Club & Range’s Control: You expressly absolve and release The Gallery Sportsman’s Club & Range and The Gallery Sportsman’s Club & Range’s licensors, affiliates and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

DISCLAIMERS: The Gallery Sportsman’s Club & Range obtains all information furnished on the Site from sources believed by it to be accurate and reliable. User acknowledges that information on Site may not reflect the most current information available on third-party sites, or the most current information provided by The Gallery Sportsman’s Club & Range subject to Other Agreements (as defined below). You expressly agree that you will make your own study and evaluation of each product and service listed on the Site. Because of the possibility of human and mechanical error as well as other factors, the site and all related materials, products, services and information are provided on an “as is” and as available basis without representation or warranty of any kind, and The Gallery Sportsman’s Club & Range and its licensors, affiliates and suppliers make no representation or warranty, express or implied, to you or any other person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the site or any related materials, products, services or information. Prices are subject to change without notice. Images, photographs, descriptions, etc. may not necessarily represent the actual goods in quality, color, or any other respect. The Gallery Sportsman’s Club & Range makes no representation that materials on the Site are appropriate or available for use in any particular locations, and access to them from territories where any of the contents of the Site are illegal is prohibited. If you choose to access the Site from such locations, you do so on your own volition and are responsible for compliance with any applicable local laws. You acknowledge the Site may or may not be accessible due to intentional and unintentional conditions. You agree and acknowledge that no oral or written information or advice given by The Gallery Sportsman’s Club & Range or any of its employees or agents in respect to the Site shall constitute a representation or a warranty unless such information or advice is incorporated into these Terms of Use by a written agreement.

FURTHER, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE. MOREOVER, THE GALLERY SPORTSMAN’S CLUB & RANGE MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED ON THE SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THE SITE.
UNDER NO CIRCUMSTANCES WILL THE GALLERY SPORTSMAN’S CLUB & RANGE OR ITS LICENSORS, AFFILIATES OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE GALLERY SPORTSMAN’S CLUB & RANGE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS DISCLAIM LIABILITY FOR ANY ACTUAL DAMAGES BASED ON YOUR USE OF THE SITE AND ITS CONTENT.
IN ANY EVENT, THE AGGREGATE LIABILITY OF THE GALLERY SPORTSMAN’S CLUB & RANGE AND ITS LICENSORS, AFFILIATES AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA THE SITE PURSUANT TO THESE TERMS OF USE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (B) U.S. $200.

Indemnity: You agree to indemnify and hold harmless The Gallery Sportsman’s Club & Range, its licensors, affiliates and suppliers, all of their licensors, affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.

Item Availability: Available products and services are subject to change. The Gallery Sportsman’s Club & Range and its suppliers reserve the right to add, replace, or withdraw products and services at each of The Gallery Sportsman’s Club & Range’s and suppliers’ sole discretion. The Gallery Sportsman’s Club & Range reserves the right to correct, modify, or cancel orders that are placed with incorrect product information or pricing, without notice.

Governing Law: These Terms of Use, including (without limitation) any disputes relating to the content on the Site, whether sounding in contract, tort, statute or otherwise, shall be governed by and construed in accordance with the laws of the State of Colorado.  Any action arising out of or relating to this Agreement, or any of its terms, shall be filed only in a court of competent jurisdiction within the State of Colorado, Second Judicial District. The parties hereby (i) submit to such jurisdiction and venue and waive the defense of forum non conveniens; and (ii) consent to service of process in any such action by registered mail, return receipt requested, or by any other means provided by law.

Term, Termination, Amendments.: These Terms of Use will take effect when you first commence using the Site. The Gallery Sportsman’s Club & Range reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice. Please note that The Gallery Sportsman’s Club & Range reserves the right to change the terms and conditions of these Terms of Use without notice.

Waiver: The Gallery Sportsman’s Club & Range’s failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by The Gallery Sportsman’s Club & Range of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Nature of Relationship/Severability: No joint venture, partnership, employment, or agency relationship exists between you and The Gallery Sportsman’s Club & Range as a result of these Terms of Use or your utilization of the Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.

Entire Agreement/Reservation of Rights: Your rights to use certain material available on or through the Site may be subject to separate written agreements with The Gallery Sportsman’s Club & Range (“Other Agreements”). Particular pages or features of the Site with content supplied by The Gallery Sportsman’s Club & Range or its licensors or affiliates may have different or additional terms (“Special Terms”), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control.  With the exception of any Special Terms and Other Agreements, these Terms of Use, the Privacy Policy, and the Purchase Agreement represent the entire agreement between you and The Gallery Sportsman’s Club & Range with respect to your use of and material available on or through the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.  Any rights not expressly granted herein are reserved.

Anti-Terrorism Compliance: You agree to comply with and assist The Gallery Sportsman’s Club & Range to the fullest extent possible in The Gallery Sportsman’s Club & Range’s efforts to comply with Anti-Terrorism Laws (as defined below). As a result, you certify, represent, and warrant that: (i) none of your property or interests is subject to being “blocked” under any of the Anti-Terrorism Laws and that you are not otherwise in violation of any of the Anti-Terrorism Laws; (ii) none of them is listed in the Annex to Executive Order 13224 (which can be accessed at http://www.treasury.gov/offices/enforcementJofac/sanctions /terrorism.html); (iii) you will refrain from hiring (or, if already employed, retain the employment of) any individual who is listed in the Annex; (iv) you have no knowledge or information that, if generally known, would result in you, your partners, agents, predecessors in interest, employees, or anyone associated with you being listed in the Annex to Executive Order 13224; (v) you are solely responsible for ascertaining what actions you must take to comply with the Anti-Terrorism Laws, and you specifically acknowledge and agree that your indemnification responsibilities set forth in this Agreement pertain to your obligations under this Section; (vi) any misrepresentation under this Section or any violation of the Anti-Terrorism Laws by you, your partners, agents, predecessors in interest, employees, or anyone associated with you, shall constitute grounds for immediate termination of these Terms of Use and any other agreement you have entered into with The Gallery Sportsman’s Club & Range or any of The Gallery Sportsman’s Club & Range’s affiliates. For purposes of these Terms of Use, “Anti-Terrorism Laws” means Executive Order 13224 issued by the President of the United States, the Terrorism Sanctions Regulations and other regulations found at 31 CFR 515, 595, 597 and any laws which now pertain or which may in the future pertain to the matters of this nature.

Acknowledgement and Agreement: By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy and consent to The Gallery Sportsman’s Club & Range’s use of your Personal Data set out therein. You agree that any purchase made through the Site will require you to enter into a Purchase Agreement that will further govern your use of the Site.  In the event of a conflict between the Purchase Agreement and these Terms of Use, the Purchase Agreement will govern and control.

PRIVACY POLICY

The Gallery Sportsman’s Club and Range (the “Company” or “We”), respects your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit this website (our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect:

• On this Website.
• In e-mail, text and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us via our contact us link or at 303-571-8817.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, e-mail address, telephone number, insurance information/any other identifier by which you may be contacted online or offline (“personal information“);
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.

Information You Provide to Us

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering for a service on our Website or using the interactive map feature. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including name, email addresses and other information, if provided), if you contact us.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products or services that you request from us.
• To provide you with information about our services
• To provide you with notices about your account/subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• To fulfill any purpose for which you provide it.
• For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To fulfill the purpose for which you provide it. For example, if you give us an e-mail address to use the “e-mail a friend” feature of our Website, we will transmit the contents of that e-mail and your e-mail address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

• Promotional Offers from the Company. If you do not wish to have your email address] used by the Company to promote our own or third parties’ products or services, you can opt-out at any time by logging into your customer account through the Website and adjusting your user preferences in your account profile. You can also opt-out at any time by sending us an email stating your request to info@thegallery.club. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. [This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.]

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

ACCESSING AND CORRECTING YOUR INFORMATION

You may send us an e-mail via our contact link or to info@thegallery.club to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us via the Contact Us link or info@thegallery.club.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact via our Contact Us link, email at info@thegallery.club or call 303-551-8817.

Thank You for Visiting the Website.