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 to 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 and/or our Privacy Policy. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use, Privacy Policy 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 Sites 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 (i) impersonate any other person while using the Web Sites, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Web Sites, or (iii) use the Web Sites for any unlawful purpose. You further agree to only submit content to the Web Sites that is in compliance with all applicable laws, rules and regulations and is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. 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’ rights or interests in its Web Sites, services, or other property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of Content of Web Sites

Sherwin-Williams shall have the right, but not the obligation, to monitor the content of the Web Sites to determine compliance with these Terms of Use and any other operating rules established by Sherwin-Williams, as well as to determine compliance with applicable laws, including, but not limited to, copyright laws. Sherwin-Williams shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Sites that Sherwin-Williams finds to be in violation of these Terms of Use or that Sherwin-Williams believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement and rights of privacy and publicity.

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 solely for informational purposes, 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 any 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.

Notification of Copyright Infringement

If you believe that a work you own and that is protected by copyright has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web Sites or on sites linked to/from the Web Sites, please provide Sherwin-Williams’ Copyright Agent (identified below) a written or electronic notice (“Notice”) containing the following information:

• your full legal name, as well as your address, telephone number, and email address;
• a physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
• an identification of the copyrighted work(s) you claim is/are being infringed;
• an identification of the material you claim is infringing and its location;
• a statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is/are not authorized by you, the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Name: Catherine M. Kilbane

Address:

The Sherwin-Williams Company
101 Prospect Ave
Cleveland, Ohio 44115-1075
Phone: (216) 566-2200
Fax: (216) 566-2947
email: copyright@sherwin.com

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE COPYRIGHT AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITES OR ON SITES LINKED TO/FROM THE WEB SITES.

ANY REQUEST, INQUIRY OR COMMUNICATION THAT IS SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.

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.

Interactive Site Guidelines

You agree to the terms of the Interactive Site Guidelines posted on any content contribution pages. The Interactive Site Guidelines are hereby incorporated into Sherwin-Williams’ Terms of Use. Sherwin-Williams may at any time revise the Interactive Site Guidelines. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Interactive Site Guidelines 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 Interactive Site Guidelines as such Interactive Site Guidelines exist at that time.

Mobile Messaging

You agree to the Mobile Message(SMS) Terms and Conditions in connection with the use of any Services described in the Mobile Message(SMS) Terms and Conditions. The Mobile Message(SMS) Terms and Conditions are hereby incorporated into Sherwin-Williams’ Terms and Conditions of Use. Sherwin-Williams may at any time revise the Mobile Message(SMS) Terms and Conditions. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Mobile Message(SMS) Terms and Conditions to which you are bound. Your use of any Services described in the Mobile Message(SMS) Terms and Conditions after changes are made means you agree to be bound by the Mobile Message(SMS) Terms and Conditions as such Mobile Message(SMS) Terms and Conditions exist at that time.

Paint Pro Alerts Mobile Messages (SMS) Terms and Conditions
Retail COLOR2U Mobile Messages (SMS) Terms and Conditions
Paint Pro Alerts Canada Mobile Messages (SMS) Terms and Conditions
MODALITÉS D’UTILISATION DES MESSAGES TEXTE SW PRO POUR LE CANADA

Submissions

You are responsible for all information you provide to Sherwin-Williams or post on the interactive site(s). If Sherwin-Williams has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sherwin-Williams has the right to suspend or terminate your account and refuse any and all current or future use of the site and hold you responsible for any claim or damages arising from such information. Any messages or other postings without a valid email address verification are subject to removal. Any information you post on this site is subject to disclosure to any regulatory or criminal authority or third party.

Information and messages you post on this site 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 other users.

Use of Information and Materials Submitted to the Web Sites

Sherwin-Williams is free to use any photos, drawings, text, comments, suggestions, information, ideas, concepts, reviews, techniques and/or any other content or information (collectively and severally, “Materials”) submitted by you to Sherwin-Williams and/or contained in any communication you may send to Sherwin-Williams (through the Web Sites or otherwise) 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 Site or other Web Sites. Any Materials that are submitted shall become, and remain, the property of Sherwin-Williams. You hereby assign all right, title and interest in such Materials to Sherwin-Williams. Without limiting the foregoing, Sherwin-Williams may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of Materials in any and all media, whether now known or hereinafter created, throughout the world and for any purpose, without compensation to you of any kind. In the event that any such Materials cannot be so assigned to Sherwin-Williams, you hereby grant Sherwin-Williams an irrevocable, world-wide, fully-paid, royalty-free license to use the Materials as otherwise described in these Terms of Use and for any other purpose. Sherwin-Williams is not responsible for the confidentiality of any information communicated to our Web Sites. By communicating material to 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. You acknowledge and agree that Sherwin-Williams shall have no obligation to post, display, or otherwise make publicly available any Materials submitted by you. Any information submitted on the Web Sites is subject to the Sherwin-Williams Privacy Policy, the terms of which are incorporated herein.

You acknowledge and agree that Materials submitted by you may be made available by Sherwin-Williams for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Materials that you submit to Sherwin-Williams. By submitting Materials to Sherwin-Williams, you waive any privacy expectations that you may have with respect to the Materials and agree that Sherwin-Williams is not responsible or liable for any viewing, rating, reviewing, and commenting by the public with respect to any Materials.

By submitting Materials to Sherwin-Williams, you represent and warrant that the Materials comply with all applicable laws, rules and regulations and do not infringe any copyright, trademark, property rights, rights of privacy or publicity of any person, or any other right (including, without limitation, intellectual property and proprietary rights) of any third party and that you have the full and unrestricted right to transfer the Materials to Sherwin-Williams, free and clear of any claims or encumbrances. You agree to hold Sherwin-Williams and its officers, directors, employees, agents, successors, and assigns harmless from and against – and hereby waive any right to pursue – any claims of any nature arising in connection with any breach of the foregoing representation and warranty and/or Sherwin-Williams’ use of the Materials submitted to Sherwin-Williams and used in any manner in Sherwin-Williams’ sole and absolute discretion.

DISCLAIMER OF WARRANTY

THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEB SITES IS 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.

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 may, at Sherwin-Williams’ discretion, 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.