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Zickgraf.com Internet Terms and Conditions

Shaw Industries Group, Inc. maintains this site (the "Site") for your personal information, education and communication. Please feel free to browse through the Site. You may download material displayed on the Site for your personal use only, provided you also retain all copyright and other proprietary notices contained on the material. You may not, however, distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Shaw Industries' express, prior written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.

In addition to these Terms and Conditions, please also read our Privacy Policy.

Terms and Conditions

1. You should assume that everything you see and read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Shaw Industries. Shaw Industries neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Shaw Industries.

2. While Shaw Industries, Inc. uses reasonable efforts to include accurate and up to date information in the Site, Shaw Industries makes no warranties or representations as to its accuracy. Shaw Industries assumes no liability or responsibility for any errors or omissions in the content of this Site.

3. Your use of browsing in the Site are at your own risk. Neither Shaw Industries nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages of any kind arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. (Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) Shaw Industries also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.

4. You agree to indemnify, defend and hold harmless Shaw Industries, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of our Terms of Services or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of Shaw Industries successors, assigns, and licensees.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflicts of laws provision or your actual state or country or residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

5. Images of people or places displayed on the Site are either the property of, or used with permission by, Shaw Industries. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communication regulations and statutes.

6. The trademarks, logos and service marks (collectively the "Trademarks") displayed in the Site, including the registered trademark, are registered trademarks of Shaw Industries, Inc. in the US and other countries. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site without the written permission of Shaw Industries or such third parties that may own the trademarks displayed on the Site. Your misuse of the trademarks displayed on the Site, or any other content on the Site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Shaw Industries will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Shaw Industries has not reviewed the Sites linked to the Site and is not responsible for the content of any off-Site pages or any other Sites linked to the Site. Your linking to any other off-Site or other Sites is at your own risk.

8. Any communication or materials you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything that you transmit or post that does not fall within the guidelines of our Privacy Agreement may be used by Shaw Industries for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Shaw Industries is free to use any ideas, concepts, know-how, or techniques contained in any communication sent to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

9. Shaw Industries may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

10. Permission to reproduce the copyrighted material of should be sent to the address listed in the following section.

11. Claims of copyright infringement, with the requisite material listed below, should be directed to our registered agent:

Mr. Rick Hooper
Shaw Industries, Inc.
616 E. Walnut Ave.
P.O. Drawer 2128
Dalton, GA. 30722-2128

A notification of claimed infringement must be written communication provided to the agent that includes substantially the following:

A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Shaw Industries, Inc. to locate the material;

D) Information reasonably sufficient to permit Shaw Industries, Inc. to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address where the complaining party may be contacted;

E) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent; and

F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RESPONSIBILITIES

12. You are responsible for maintaining the confidentiality of your account number and/or password and all other account numbers. You are responsible for all uses of your account, whether or not actually or expressively authorized by you.

13. Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming", or commercial solicitation or to engage in illegal activities. You further agree not to use our services to send any messages or materials that is unlawful or gives rise to civil liability. You must consent to Shaw Industries to be able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. Shaw Industries will not disclose the existence or occurrence of such an investigation unless required by law. Violation of these terms may result in immediate deletion of a users account.

14. Any message centers we provide on this Site are public and not private communications. Although we reserve the right to remove without notice any message or communication postings for any reason, we have no obligation to delete content that you may find objectionable or offensive.

15. We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of Shaw services.

16. You agree that zickgraf.com is provided "AS-IS." Shaw Industries assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

17. You understand and expressly agree that the use of zickgraf.com services are at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of zickgraf.com is at your own discretion and 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 material and/or data.
 

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