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A. One should assume that everything one sees and reads on this Site (shelmarccarpet.com)
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 written permission
from Shelmarc Carpet Mills. Shelmarc Carpet Mills neither warrants nor
represents that one’s use of materials displayed on this Site will not infringe
rights of third parties not owned by or affiliated with Shelmarc Carpet Mills.
B. While Shelmarc Carpet Mills, Inc. uses reasonable efforts to include
accurate and up to date information in this Site; Shelmarc Carpet Mills makes no
warranties or representations as to its accuracy. Shelmarc Carpet Mills assumes
no responsibility or liability for any omissions or errors in the subject matter
of this Site.
C. One’s use of browsing in this Site is at one’s own risk. Neither
Shelmarc Carpet Mills 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 one’s access to, or use
of, this Site. Without limiting the foregoing, everything on this Site is
provided to one "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. (One
should check their local laws for any restrictions or limitations regarding the
exclusion of implied warranties.) Shelmarc Carpet Mills also assumes no
responsibility, and shall not be liable for, any damages to, or viruses that may
infect, one’s computer equipment or other property on account of one’s access
to, use of, or browsing in this Site or one’s downloading of any materials,
data, text, images, video or audio from this Site.
D. One agrees to indemnify, defend and hold harmless Shelmarc Carpet
Mills, 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 one’s use of our services, one’s
violation of our Terms of Services or one’s infringement, or infringement by any
other user of one’s account, of any intellectual property or other right of any
person or entity. The Terms of Service will inure to the benefit of Shelmarc
Carpet Mills 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 one’s 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.
E. Images of people or places displayed on the Site are either the
property of, or used with permission by, Shelmarc Carpet Mills. The use of these
images by anyone, is prohibited unless specifically permitted by these Terms and
Conditions or specific permission provided elsewhere on this Site. Any
unauthorized use of the images may violate copyright laws, trademark laws, the
laws of privacy and publicity and communication regulations and statutes.
F. Shelmarc Carpet Mills has not reviewed the Sites linked to this Site
and is not responsible for the content of any off-Site pages or any other Sites
linked to this Site. One’s linking to any other off-Site or other Sites is at
one’s own risk.
G. Any communication or materials one transmit to this 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 one transmit or post that does not fall within the guidelines of our
Privacy Agreement may be used by Shelmarc Carpet Mills for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, Shelmarc Carpet Mills 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.
H. Shelmarc Carpet Mills may at any time revise these Terms and
Conditions by updating this posting. Such revisions do bind one to the Terms and
Conditions of this Site and one should therefore periodically visit this page to
review the current Terms and Conditions to which one is bound.
Accountabilities
I.
One agrees that shelmarccarpet.com is provided "AS-IS." Shelmarc Carpet Mills
assumes no responsibility for the timeliness, deletion, misdelivery or failure
to store any user communications or personalization settings.
J. One understands and expressly agrees that the use of
shelmarccarpet.com services is at one’s sole risk. Any material and/or data
downloaded or otherwise obtained through the use of shelmarccarpet.com is at
one’s own discretion and risk and that one will be solely responsible for any
damages to one’s computer system or loss of data that results from the download
of such material and/or data.
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