Membership in the Club is open to professional roofing contractor, builder and remodeler companies with a legal place of business in one of the 50 United States or the District of Colombia (each, an "Eligible Company"). For the avoidance of doubt, a professional roofing contractor, builder or remodeler company is a company whose primary source of revenue is from residential or commercial roofing, construction or renovation, respectively. No individual participation is permitted in the Club. All eligibility determinations will be made by Sponsor in its sole discretion. Sponsor reserves the right to disqualify or terminate any Member and/or its Authorized Account Holder for any reason including, but not limited to, noncompliance with the Terms. Companies owned by employees of GAF or their immediate family members (spouse, children, parents, siblings and their respective spouses) or members of the households of each are not eligible.
How To Enroll:
An employee designated as the Authorized Account Holder of an Eligible Company must visit www.gafbusinessbuildingclub.com (the "Site") and follow the instructions to enroll the company. Each Eligible Company enrolled in the Club is a member (each, a "Member").
Each Member will have an account that provides the Member with access to Resources, Promotions, the ability to submit Claims for GAF Reward Bucks, information about GAF Reward Bucks earned and redeemed and other information relating to the Member"s participation in the Club (each, a "Member Account"). Only one account per Member is permitted. A Member"s Authorized Account Holder may access the Member"s Account at any time by visiting www.gafbusinessbuildingclub.com and logging in to the Member"s Account with the email and password created by the Authorized Account Holder. GAF may share any information pertaining to a Member"s Account with its Authorized Account Holder. GAF also reserves the right to share any information pertaining to a Member"s Account with other authorized representatives of the Member if GAF deems such action appropriate in its sole discretion.
Authorized Account Holder:
Each Member must have one Authorized Account Holder. For purposes of the Club, the Authorized Account Holder must be an employee of an Eligible Company who: (1) is twenty-one (21) years of age or older; (2) is authorized to enroll the Eligible Company in the Club and agree to the Terms on behalf of the Eligible Company; (3) is authorized to redeem GAF Reward Bucks and Reward Credits on behalf of the Member; and (4) is authorized to manage and make decisions regarding the Member"s Account. A Member"s Authorized Account Holder is not a Member and is not participating in his/her individual capacity, but rather on behalf of the Member. Only one Authorized Account Holder per Member is permitted. GAF reserves the right to request proof that an individual is a Member"s Authorized Account Holder from the individual or the Member. It is the Authorized Account Holder"s responsibility to keep the username and password used to access the Member"s Account secure. The Authorized Account Holder must also update the Member"s Account information should any information associated with its account change. A Member may terminate an existing Authorized Account Holder and appoint a new Authorized Account Holder by calling 1-877-628-6934. GAF reserves the right to verify whether the individual requesting termination of an existing Authorized Account Holder is authorized by the Member to make such a request. In no case is Sponsor responsible for any unauthorized enrollment, access, redemption of GAF Reward Bucks or Reward Credits or any other use of a Member"s Account. Sponsor reserves the right to disqualify or terminate any Member and/or its Authorized Account Holder for any reason including, but not limited to, noncompliance with the Terms.
GAF Reward Bucks:
A Member may earn GAF Reward Bucks by participating in promotions offered on the Site from time to time and in other ways determined by the Sponsor (each, a "Promotion"). Each Promotion will include the terms and conditions required to earn GAF Reward Bucks, such as required purchases, purchase dates, and the amount of GAF Reward Bucks that may be are earned for participating. GAF Reward Bucks will not be earned on sales tax, shipping and handling fees and other fees. GAF Reward Bucks earned by participating in a Promotion belong to the Member and not its Authorized Account Holder. GAF Reward Bucks are issued for promotional purposes and may not be purchased or sold. GAF REWARD BUCKS HAVE NO CASH VALUE. GAF REWARD BUCKS ARE NOT REDEEMABLE FOR CASH AND MAY NOT BE BOUGHT, SOLD, AUCTIONED, TRADED, BARTERED, or "POOLED." GAF REWARD BUCKS THAT ARE NOT CONVERTED TO REWARD CREDITS EXPIRE THREE YEARS FROM THE DATE ON WHICH THEY ARE POSTED TO A MEMBER"S ACCOUNT, unless otherwise indicated by Sponsor in its sole discretion. GAF Reward Bucks may be transferred only in GAFs sole discretion. GAF Reward Bucks in more than one Member Account may not be combined unless authorized by GAF in its sole discretion. GAF Reward Bucks not converted to Reward Credits will remain in the Member"s Account until the GAF Reward Bucks are converted, expire, or the Member"s Account is terminated.
Submitting a Claim for GAF Reward Bucks:
To submit a claim for GAF Reward Bucks, a Member"s Authorized Account Holder must login to the Member"s Account, click on the "Submit an Invoice" tab and follow the instructions for submitting a claim (each, a "Claim"). Sponsor will attempt to enter earned GAF Reward Bucks into a Member"s Account within 4-10 weeks from the date that a Claim is received, if the Claim is approved. If a Claim is not approved, the Authorized Account Holder will receive notification via email at the address provided during registration. If a GAF Reward Bucks calculation results in a fractional GAF Reward Bucks number, such fractional number will be rounded to the nearest one one-hundredth (0.01) of a GAF Reward Buck.
To redeem GAF Reward Bucks, a Member"s Authorized Account Holder must login to the Member"s Account, click on the "Redeem" tab and convert GAF Reward Bucks to Reward Credits by using the "Convert" feature. When GAF Reward Bucks are converted to Reward Credits, GAF Reward Bucks will be deducted from the Member"s GAF Reward Bucks balance and will be added to the Member"s Reward Credits balance within twenty-four (24) hours of conversion.
Reward Credits may be redeemed on the Site for printable and physical gift cards, subject to availability and change in Sponsor"s sole discretion. Delivery times vary. For physical gift cards, allow 4-8 weeks from the time Rewards Credits are redeemed for shipment or as otherwise indicated. Printable gift cards are generally available for printing within 24 hours of redemption. Gift cards are subject to the terms and conditions that accompany the card.
When Reward Credits are redeemed, Reward Credits will be deducted from the Member"s Reward Credits balance based on the number of Reward Credits required to redeem an item.
All redemptions are final. Sponsor is not responsible for replacing lost or stolen items redeemed with Reward Credits. Any applicable sales/use taxes, fees, surcharges, and shipping and handling fees are the Member"s responsibility. It is the Authorized Account Holder"s responsibility to provide accurate email, contact and shipping information when Reward Credits are redeemed on behalf of the Member.
Sponsor does not exercise direct control over any third party suppliers of items redeemed with Reward Credits, and is not responsible for any injury, duress, service interruptions, and liabilities related to such items. In the event that the Site is no longer available, Reward Credits may be redeemed for items at www.GiveAnything.com.
Reward Credits redeemed with GAF Reward Bucks belong to the Member and not its Authorized Account Holder. Reward Credits are issued for promotional purposes and may not be purchased or sold. REWARD CREDITS HAVE NO CASH VALUE. REWARD CREDITS ARE NOT REDEEMABLE FOR CASH AND MAY NOT BE BOUGHT, SOLD, AUCTIONED, TRADED, BARTERED, or "POOLED." UNLESS OTHERWISE PROHIBITED BY LAW, REWARD CREDITS DO NOT EXPIRE. Reward Credits may be transferred only at GAFs sole discretion. Reward Credits in more than one Member Account may not be combined unless authorized by GAF in its sole discretion.
Credit and Deduction of GAF Reward Bucks and Reward Credits
Each Authorized Account Holder is responsible for ensuring that GAF Reward Bucks are properly credited to and deducted from the Member"s Account. Any claim for GAF Reward Bucks not credited to a Member"s Account must be received by Sponsor within six (6) months of the date on which the relevant Claim was submitted. Any claim for GAF Reward Bucks incorrectly deducted from a Member"s Account must be received by Sponsor within six (6) months of the date on which the deduction occurred. Sponsor will review such claims and will determine in its sole discretion if GAF Reward Bucks were not credited to or were incorrectly deducted from the Member"s Account. Sponsor reserves the right to require information such as copies of Claims submitted and any other information that Sponsor deems relevant. If Sponsor determines in its sole discretion that it failed to credit GAF Reward Bucks or incorrectly deducted GAF Reward Bucks from a Member"s Account, the Member"s sole and exclusive remedy shall be the issuance of the GAF Reward Bucks not credited to or incorrectly deducted from the Member"s Account. Sponsor reserves the right to remove GAF Reward Bucks from a Member's Account if it determines that such GAF Reward Bucks were improperly posted to the Member's Account.
Each Authorized Account Holder is responsible for ensuring that Reward Credits are properly credited to and deducted from the Member"s Account. Any claim for Reward Credits not credited to the Member"s Account must be received by Sponsor within six (6) months of the date on which GAF Reward Bucks were redeemed for Reward Credits. Any claim for Reward Credits incorrectly deducted from the Member"s Account must be received by Sponsor within six (6) months of the date on which the deduction occurred. Sponsor will review such claims and will determine in its sole discretion if Reward Credits were not credited to or were incorrectly deducted from the Member"s Account. Sponsor reserves the right to require information from the Member that Sponsor deems relevant in making this determination. If Sponsor determines in its sole discretion that it failed to credit Reward Credits or incorrectly deducted Reward Credits from a Member"s Account, the Member"s sole and exclusive remedy shall be the issuance of the Reward Credits not credited to or incorrectly deducted from the Member"s Account. Sponsor reserves the right to remove Reward Credits from a Member's Account if it determines that such Reward Credits were improperly issued to the Member's Account.
Sponsor reserves the right to audit any Member Account and/or any Claim submitted at any time itself or through an agent to ensure compliance with these Terms. Sponsor may require additional information from the Member to verify a Claim. Sponsor may delay the processing of a Claim, the ability to convert GAF Reward Bucks to Reward Credits, the ability to redeem Reward Credits for items or suspend any Member Account pending completion of any audit. In the event that an audit reveals a violation of these Terms, Sponsor may terminate the Authorized Account Holder and the Member, forfeit any existing GAF Reward Bucks and Reward Credits, and pursue any other remedy permitted by law or equity at its discretion.
Third Party Offers and Websites
Any failure to abide by the Terms or any policies or procedures implemented by Sponsor, any conduct detrimental to Sponsor, or any misrepresentation or fraudulent activities in connection with the Club may result in termination of the Authorized Account Holder, the Member, forfeiture of all GAF Reward Bucks, Reward Credits and any other remedy permitted by law or equity.
The program is void where prohibited by federal, state, or local law.
Any federal or state income tax or other tax liability resulting from participation in the Club is the responsibility of the Member. The Member may be issued a 1099 or other tax form if required by applicable law.
Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Club should a virus, bug or other causes beyond the control of the Sponsor corrupt the administration, security or proper operation of the Club. Sponsor is not responsible for late, lost, incomplete, or misdirected Claims; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems sending or receiving Claims from the Site; or for any other technical problems related to the Site. Sponsor is not responsible for incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Club, or by any technical or human error which may occur in the processing of Claims. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CLUB IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor provides the Club "As Is" and, to the fullest extent permitted by applicable law, expressly disclaims any representation or warranties of any kind, express or implied, including but not limited to, warranties of merchantability, or fitness for a particular purpose. Under no circumstances, including but not limited to, negligence, shall Sponsor be liable for any direct, indirect, incidental, special or consequential damages arising out of or in connection with participation in the Club even if Sponsor has been advised of the possibility of such damages. Participation in the Club is subject to all applicable laws and regulations.
The Member, its Authorized Account Holder and the Sponsor (each, a "Party" and collectively, the "Parties") agree to make a diligent, commercially reasonable attempt to resolve any disputes arising out of or concerning the Member"s participation in the Club. If the Parties are unable to resolve a dispute within 15 days after notice from one Party to the other, except for misuse of GAF trademarks, such dispute shall be settled by final and binding arbitration by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "AAA") at the offices of the AAA in the state nearest the location of your offices. Within thirty (30) days after an arbitrator has been selected, the Parties shall provide all documents and electronically stored information ("ESI") related to or necessary to the prosecution or defense of any claim, defense or legal theory presented in the arbitration by either Party. The Parties shall only be required to produce ESI that is stored in a reasonably accessible medium. No other document requests, interrogatories or requests for admissions shall be permitted. If a Party desires to file a dispositive motion, that Party must first submit a letter to the arbitrator outlining the legal and factual issues that it contends are ripe for summary disposition. The opposing Party shall have five (5) days to submit a letter detailing its position on the requested motion. Within two (2) weeks of submission of the opposing Party"s letter, the arbitrator shall determine whether the requesting Party shall be permitted to file a dispositive motion. The decision of the arbitrator shall be final and binding upon the Parties and shall be set forth in a written reasoned opinion, and any award may be enforced by either Party in any court of competent jurisdiction. Any award of the arbitrator shall include interest from the date of any damages incurred for breach or other violation of these Terms, and from the date of the award until paid in full, at the rate of one percent (1%) per month compounded monthly. Except as may be required by law, the Parties may disclose the existence, content or results of any arbitration hereunder without the prior written consent of the other Party.
THE ARBITRATION OF DISPUTES PURSUANT TO THESE TERMS SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. THE MEMBER AND ITS AUTHORIZED ACCOUNT HOLDER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW:
ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH PARTICIPATION IN THE CLUB AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION;
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE;
UNDER NO CIRCUMSTANCES WILL A MEMBER OR ITS AUTHORIZED ACCOUNT HOLDER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND THE MEMBER AND ITS AUTHORIZED ACCOUNT HOLDER IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY.
In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GAF will pay as much of the claimant"s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by the AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor GAF shall be entitled to arbitrate their dispute.
The Member and its Authorized Account Holder acknowledge that irreparable injury may result to GAF and its business upon the unauthorized use of its trademarks and/or unauthorized disclosure of GAF"s confidential and/or proprietary information and that money damages may not be a sufficient remedy for any such harm. The
Member and its Authorized Account Holder therefore agree that upon any act or threatened act of trademark infringement or unauthorized disclosure of information which GAF believes is confidential and/or proprietary, GAF shall be entitled, in addition to such other remedies now or hereafter available at law, in equity, by statute or otherwise, to seek damages and relief as may be available under applicable law, including obtaining a temporary restraining order and/or a permanent injunction prohibiting you from engaging in any such act or specifically enforcing these Terms, as the case may be, without proof of damages or posting a bond.
Governing Law; Remedies.
These Terms shall be interpreted and construed under the substantive laws of the State of Delaware without reference to its conflict of laws principles, except to the extent governed by the United States Trademark Act of 1946 or other superseding federal law. All remedies under these Terms shall be cumulative and not exclusive.
These Terms constitute a binding agreement between the Member and its Authorized Account Holder and GAF, and is accepted by the Member and its Authorized Account Holder by registering for the Club. The Terms constitute the entire agreement between the Parties regarding the use of the Club.