THE SHERWIN-WILLIAMS COMPANY TERMS OF USE
Acceptance of Terms of Use
By using, visiting, or browsing any web site or portal published
by The Sherwin-Williams Company, any of its affiliates or subsidiaries
(collectively, "Sherwin-Williams") (collectively, the "Web Site(s)")
you accept, without limitation or qualification, these Terms of
Use and agree, without limitation, to the terms of our Privacy
Policy. If you do not agree to these Terms of Use
and our Privacy Policy, please do not use our services or visit
our Web Sites. Acceptance of these Terms of Use constitutes a legal
agreement between you and Sherwin-Williams.
Changes to Terms of Use
Sherwin-Williams may at any time revise these Terms of Use. You
are bound by any such revisions and should therefore periodically
visit this page to determine the then current terms of use and conditions
to which you are bound. Your use of the Web Sites after changes
are made means you agree to be bound by the Terms of Use and Privacy
Policy of the Web Site you visit as such Terms of Use and Privacy
Policy exist at that time.
Limitations of Use
You must be 18 years of age or older to access our Web Sites or
use our services. By accessing our Web Sites, you agree not to upload,
post, e-mail or otherwise send or transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment associated
with the Web Sites. You also agree not to interfere with the servers
or networks connected to the Web Sites or to violate any of the
procedures, policies or regulations of networks connected to the
Web Sites, the terms of which are incorporated herein. You also
agree not to impersonate any other person while using the Web Sites,
conduct yourself in an inappropriate, offensive, indecent, or vulgar
manner while using our service or Web Sites, or use the Web Sites
for any unlawful purpose. Sherwin-Williams reserves the right to
terminate your access to the Web Sites or any of its services if
it determines that you do not comply with these terms and conditions;
provide false, inaccurate, or incomplete information during our
registration process; engage in any conduct that would otherwise
harm any of Sherwin-Williams's rights or interests in its Web Sites,
services, or other property; or for any or no reason whatsoever
without prior notice to you.
Links
Some of the hyperlinks on the Web Sites may lead to third-party
Web sites. These Web sites are not controlled by, or affiliated
with, Sherwin-Williams. In addition, other Web sites may link to
our Web Sites. Sherwin-Williams is not responsible for the content
or privacy policies of these third-party Web sites.
Intellectual Property
The elements of the Web Sites, including, but not limited to, text,
graphics, logos, depictions, designs, photographs, images, digital
downloads, data compilations, sound, video, and software are protected
by United States and international copyright, trademark, and trade
dress laws and are the property of Sherwin-Williams or its affiliates.
The compilation of the content on the Web Sites is the exclusive
property of Sherwin-Williams.
Copyrights
The copyright in all materials provided on the Web Sites is owned
by Sherwin-Williams or its affiliate(s). Except as stated herein,
none of the material contained in the Web Sites may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted
in any form or by any means including, but not limited to, electronic,
mechanical, photocopying, recording or otherwise, without the prior
written consent of Sherwin-Williams. Permission is hereby granted
to view, copy, print and download the materials on the Web Sites
for personal, noncommercial use only provided such materials are
used for informational purposes only, and all copies, or portions
thereof, include this copyright notice. Sherwin-Williams may revoke
any of the foregoing rights at any time. You may not, without Sherwin-Williams'
prior written consent, "mirror" any material contained on the Web
Sites on any other server. Upon termination of any rights extended
hereunder, you must immediately destroy any downloaded and printed
materials obtained from a Web Site. Any unauthorized use of any
material contained on the Web Sites may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes.
Trademarks
The trademarks, service marks and logos ("Trademarks") used and
displayed on the Web Sites are registered or unregistered Trademarks
of Sherwin-Williams. Nothing on the Web Sites shall be construed
as granting, by implication, estoppel or otherwise any license or
right to use any Trademark displayed on the Web Sites without the
prior written consent of the Trademark owner. The name of Sherwin-Williams
or any Trademark may not be used in any way including in any advertising
or publicity pertaining to distribution of materials on the Web
Sites without the prior written consent of Sherwin-Williams. Sherwin-Williams
prohibits the use of any Sherwin-Williams logo and Trademark as
a "hot" link to any web site unless establishment of such link is
approved in advance by Sherwin-Williams in writing.
Submissions
You are responsible for all information you provide to Sherwin-Williams.
Information and messages you post on this site in the form of questions or sweepstakes entries are posted at your
own risk. Sherwin-Williams is not responsible for and disclaims
all liability related to your use of this site or reliance on the
information posted on this site. Sherwin-Williams is not responsible
for the accuracy, content, or reliability of any information posted
on this site by users.
DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE WEB SITES ARE PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY
OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES OR DAMAGES
ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITES; OR
ANY CONDUCT BY USERS OF THE WEB SITES. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, SHERWIN-WILLIAMS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SHERWIN-WILLIAMS, ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE
LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO
USE THE MATERIALS ON THE WEB SITES, EVEN IF SHERWIN-WILLIAMS OR
A SHERWIN-WILLIAMS' REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS
ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY
WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Use of Information Submitted to the Web Sites
Sherwin-Williams is free to use any comments, information, ideas,
concepts, reviews, or techniques contained in any communication
you may send to the Web Sites without further compensation, acknowledgement
or payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and
creating, modifying or improving the Web Sites or other Web Sites.
Sherwin-Williams is not responsible for the confidentiality of any
information communicated to our Web Sites. By communicating material
to the our Web Sites, you agree that Sherwin-Williams has the right
to publish the material for any purpose, including, but not limited
to, advertising and promotional purposes. Any information submitted
on the Web Sites is subject to the Sherwin-Williams Privacy
Policy, the terms of which are incorporated herein.
Indemnity
You agree to indemnify, defend and hold harmless Sherwin-Williams,
its officers, directors, employees, and agents, from and against
any claims, actions, or demands, including, but not limited to,
reasonable legal and accounting fees, alleging or resulting from
your use of the Web Sites or your breach of these Terms of Use.
Sherwin-Williams shall provide notice to you promptly of any such
claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit, or proceeding.
Choice of Law
You agree that any issue or dispute arising out of or in connection
with your use of our Web Sites, intellectual property, the Terms
of Use, the Privacy Policy, or any matter concerning Sherwin-Williams
shall be governed by the laws of the United States and the State
of Ohio. You agree that any such issue or dispute shall be brought
exclusively in the federal or state courts located in Cleveland,
Ohio. If any provision of the Terms of Use or Privacy Policy is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of the Terms of Use or Privacy Policy,
which shall remain in full force and effect.
By using the Web Sites, you agree to comply with all applicable
laws and regulations, including export and re-export control laws
and regulations of the United States. The material provided on the
Web Sites is protected by law including, but not limited to, United
States copyright and trademark law and international treaties. Sherwin-Williams
makes no representation that materials contained in the Web Sites
are appropriate or available for use in other locations and access
to them from territories where their contents are illegal is prohibited.
Those who choose to access the Web Sites from locations outside
the United States do so at their own initiative and are responsible
for compliance with applicable local laws.