Shaw makes various tools and services available through this Shaw website (the “Site”). These Terms govern both your use of the Site and any tools or services made available on or through the Site. These Terms do not apply to products or services other than those offered by Shaw.
These Terms are the complete and exclusive agreement between you and Shaw regarding your use of the Site and tools and services purchased or provided through it.
PLEASE CAREFULLY READ THESE TERMS. by ACCESSING OR USING THE SITE, USING TOOLS ON THIS SITE, or by clicking a box that states that you accept or agree to these terms, YOU agree THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, or do not meet the qualifications included in thEsE TERMS, SHAW IS NOT WILLING TO PROVIDE YOU WITH USE OF THE SITE, WEBSITE CONTENT, SERVICES OR TOOLS AVAILABLE ON THE SITE and YOU MUST NOT ACCESS OR USE THE SITE. IF YOU ACCESS OR USE THE SITE, YOU ACKNOWLEDGE that you meet the qualifications included in THESE TERMS and AGREE TO BE BOUND BY THESE TERMS. ANY SERVICE OR TOOL PROVIDED TO YOU VIA THE SITE IS PROVIDED ONLY UPON THE FOLLOWING TERMS.
Effective as of March 15, 2018
- Term. These Terms are entered into as of the earlier of the date you first accessed the Site or used the Site and will continue until terminated as set forth herein.
- Modifications. Shaw reserves the right, at any time, to modify the Site with or without notice to you, by making those modifications available on the Site. Shaw also reserves the right, at any time, to modify these Terms with respect to your use of the Site. Shaw will inform you of the presence of any changes to these Terms by posting those changes on the Site. Any modifications will be effective immediately upon posting on the Site. You may terminate these Terms as set forth below if you object to any such modifications. However, you will be deemed to have agreed to any and all modifications through your continued use of the Site following such notice period. Shaw will note the effective date of the latest version of these Terms at the end of these Terms.
- Eligibility. The Site and its tools and services are not available to or intended for individuals under the age of 18 or who do not meet any of the other qualifications included in these Terms.
- Account. The Site may allow you to create a user account. You are responsible for maintaining the confidentiality of any account information and/or password and all other account numbers. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
- To the Site. Subject to your compliance with these Terms, Shaw may permit you to access and use the Site solely for lawful purposes and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all equipment, facilities, and connectivity required to use the Site.
- To Website Content. You may be provided with access to a variety of content and tools through the Site, including marketing, materials, text, audio, video, photographs, maps, illustrations, graphics, and other media (the “Website Content”). All Website Content available through the Site is owned by Shaw or Shaw’s third party providers. All Website Content is provided for informational purposes only, and you are solely responsible for verifying the accuracy, completeness, and applicability of all Website Content and for your use of any Website Content. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Website Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Website Content; or (c) use, alter, obscure or remove any copyright, trademark, watermark, or any other notices that are provided on or in connection with any Website Content. Shaw has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Website Content provided by third parties through the Site. You are granted no licenses or rights in or to any Website Content.
- Representations and Warranties.
- Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms; (b) these Terms forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms.
- Compliance With Laws. You represent and warrant to Shaw that you will comply with all applicable laws in your use of the Site or our services.
- No Warranties; Disclaimer. THE SITE, WEBSITE CONTENT, AND ALL OTHER MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SHAW DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF WEBSITE CONTENT OR ANY OTHER CONTENT. WHERE POSSIBLE, SHAW EXPRESSLY DISCLAIMs ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, WEBSITE CONTENT, AND OTHER SUBJECT MATTER OF THESE TERMS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHAW, ITS EMPLOYEES, PROVIDERS, OR AGENTS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
- Indemnity. You hereby agree to indemnify, defend, and hold harmless Shaw, its affiliates and subsidiaries, and their respective officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) arising in any manner from your access to or use of the Site or Website Content or your breach of any representation, warranty, or other provision of these Terms.
- Limitation on Liability. SHAW will not BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DELAY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE SITE OR WEBSITE CONTENT, EVEN IF SHAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND all WEBSITE CONTENT provided under THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $1,000. You agree THAT SHAW WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Disputes. Except as otherwise provided herein, Shaw may elect, in its sole discretion, to resolve all disputes, controversies, or claims arising under, out of, or relating to these Terms, including the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to these Terms (each, a “Dispute”), in accordance with the procedures set forth in this Section. If any Dispute cannot be resolved through negotiations between the parties within five (5) days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). We may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within thirty (30) days (the “Initial Period”) after either party to these Terms delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by SHAW in the State of Georgia, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or plead to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment on the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
- Governing Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Georgia, U.S.A. as such laws apply to contracts between Georgia residents performed entirely within Georgia without regard to the conflict of laws provisions thereof. Subject to Section 13 (Disputes), each party will bring any action or proceeding arising from or relating to these Terms exclusively in the Superior Court of Whitfield County, Georgia or the United States District Court, Northern District of Georgia, Rome Division, and you irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Shaw.
- Notices. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to Shaw by postal mail to: Shaw Industries Group, Inc., 616 E. Walnut Avenue, P.O. Drawer 2128, Mail Drop 026-01, Dalton, GA 30722, Attn: Financial Services. Shaw may provide you with any notices required or allowed under these Terms by sending you an email to any email address you provide to Shaw in connection with your account, provided that in the case of any notice applicable both to you and other users of the Site, Shaw may instead provide such notice by posting on the Site. Notices provided to Shaw will be deemed given when actually received by Shaw. Notice provided to you will be deemed given twenty-four (24) hours after posting to the Site or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
- Linked Sites. The Site may contain links to third party sites that are not under the control of Shaw. If you access a third party site then you do so at your own risk. Shaw is not responsible for any content on any linked site or linked content.
- Additional Terms. Unless otherwise amended as provided herein, these Terms are the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Site or Website Content. All waivers by Shaw under these Terms must be in writing or later acknowledged by Shaw in writing. Any waiver or failure by Shaw to enforce any provision of these Terms on one occasion will not be deemed a waiver by Shaw of any other provision or of such provision on any other occasion. If any provision of these Terms are held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. The prevailing party in any lawsuit or proceeding arising from or related to these Terms will be entitled to receive its costs, expert witness fees, and reasonable attorneys’ fees including costs and fees on appeal. Any assignment of these Terms by you will be null and void. Shaw may, at its sole discretion, assign these Terms to any party that assumes Shaw’s obligations hereunder at any time with or without notice to you. The parties hereto are independent parties, not agents, employees, or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.