Terms of Use

The Sherwin-Williams Company Terms of Use

Effective March 31, 2020

Acceptance of Terms of Use

威廉希尔注册The Sherwin-Williams Company, together with its subsidiaries and affiliates (collectively, "Sherwin-Williams"), operates the sherwin-williams.com website and other websites, web pages, portals, and applications (collectively, "Websites"). By using, visiting, or browsing any Websites you accept these Terms of Use and agree to the terms of our Privacy Policy. These Terms of Use also apply to Sherwin-Williams' pages, sites, and applications on third-party social media services and to any page, site, or application that links to these Terms of Use, which also are included in "Websites" as used in these Terms of Use. If you do not agree to these Terms of Use and to our Privacy Policy, please do not use our services or visit our Websites. Acceptance of these Terms of Use constitutes a legal agreement between you and Sherwin-Williams.

Changes to Terms of Use

威廉希尔注册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 Websites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Websites 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 Websites or use our services. By accessing our Websites, 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 Websites. You also agree not to interfere with the servers or networks connected to the Websites or to violate any of the procedures, policies, or regulations of networks connected to the Websites, the terms of which are incorporated herein. You also agree not to (i) impersonate any other person while using the Websites, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Websites, (iii) use any robot, scraper, spider, or other automated means to access or gather content from the Websites, (iv) frame any web page (or portion thereof) of the Websites, (v) mirror the Websites or any portion thereof, (vi) publicly display any content from the Websites on or in connection with any other website or application, or (vii) use the Websites for any unlawful purpose. Sherwin-Williams reserves the right to terminate your access to the Websites or any of its services for any reason or no reason whatsoever without prior notice to you, including, without limitation if you do not comply with the Terms of Use, provide false, inaccurate, or incomplete information during any registration process, or engage in any conduct that would otherwise harm any of Sherwin-Williams' rights or interests in its Websites, services, or other property.

Links

威廉希尔注册Some of the hyperlinks on the Websites may lead to third-party websites. These websites are not controlled by, or affiliated with, Sherwin-Williams. In addition, other websites may link to our Websites. Sherwin-Williams is not responsible for the content or privacy policies of these third-party websites.

Intellectual Property

The elements of the Websites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software ("Content") are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws and are the property of Sherwin-Williams, its licensors, contributors, or third parties. The compilation of the Content on the Websites is the exclusive property of Sherwin-Williams.

Subject to these Terms of Use, Sherwin-Williams grants to you a personal, revocable, non-exclusive, non-transferable license use the Websites to view the Content, print the Content, and download the Content where permitted, all for personal and noncommercial use only except with regards to the Sherwin-Williams Project Bids tool, in which case you may use the Content for its intended purpose (including submitting bids to customers, and tracking and recording bids submitted), but for no other commercial purpose. Except as expressly stated in these Terms of Use, no Content may be copied, reproduced, modified, decompiled, disassembled, reverse engineered, 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. Upon termination of the license granted to you in these Terms of Use, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The trademarks, service marks, and logos used and displayed on the Websites ("Trademarks") are registered or unregistered Trademarks of Sherwin-Williams or third parties. Notwithstanding anything in these Terms of Use to the contrary, the name of Sherwin-Williams or any Trademark may not be used, including without limitation in any advertising or promotional materials, without the prior written consent of Trademark owner, and nothing on the Websites shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark without the prior written consent of its owner. Sherwin-Williams prohibits the use of any Sherwin-Williams logo and Trademark as a link to any website unless establishment of such link is approved in advance by Sherwin-Williams in writing.

威廉希尔注册Any software that is made available on the Websites to use (either by access or download) ("Software") is the copyrighted work of Sherwin-Williams or its licensors, and may be further protected by patent, trademark, trade secret or other proprietary rights. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install, access or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software that is not accompanied by a License Agreement, Sherwin-Williams hereby grants, to the extent Sherwin-Williams is authorized and legally able, to you, the user, a revocable, personal, nontransferable license to use the Software for viewing and otherwise using features of the Websites in accordance with these Terms of Use, and for no other purpose. Any third-party notices accompanying any Software are provided for informational purposes only. No other rights or licenses whether express or implied, including, without limitation, any implied patent licenses, are granted by Sherwin-Williams. WITHOUT LIMITING ANYTHING IN THESE TERMS OF USE, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Notification of Copyright Infringement

威廉希尔注册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, 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;

  • 威廉希尔注册an identification of the copyrighted work(s) you claim is/are being infringed;

  • 威廉希尔注册an identification of the material you claim is infringing and its location;

  • 威廉希尔注册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

  • 威廉希尔注册a statement by you that the above information in your Notice is accurate, and under the penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:

Name: General Counsel

Address:

The Sherwin-Williams Company
101 Prospect Ave
Cleveland, Ohio 44115-1075
Phone: (216) 566-2000
Fax: (216) 566-2947
email: copyright@sherwin.com

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE COPYRIGHT AGENT OF ALLEGED COPYRIGHT INFRINGEMENT

ANY REQUEST, INQUIRY OR COMMUNICATION THAT IS SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE WILL NOT RECEIVE A RESPONSE.

It is Sherwin-Williams' policy to terminate, in appropriate circumstances and to the extent it is able to do so, the accounts of users of the Websites who are repeat copyright infringers or who are the subject of repeated copyright infringement complaints.

User Submissions

Portions of the Websites may permit users to post information and content and contribute to and participate in portions of the Websites. All information, content, photos, images, contributions, and submissions provided in connection with such portions of the Websites are referred to as "Submissions." You must provide a valid email address for you when providing your Submissions. By providing any Submissions, you agree not to upload, publish, submit, or transmit any photo or other content that (i) is fraudulent, false, misleading, or deceptive, (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal, (v) promotes illegal or harmful activities or substances, or (vi) violates any other Sherwin-Williams policy. You further agree not to post an advertisement or solicitation of funds, goods, or services or any other form of spam, and to provide true, accurate, current, and complete information about yourself and in your Submissions.

Sherwin-Williams is not responsible for the accuracy, truthfulness, or reliability of any Submissions and hereby disclaims any and all liability with respect to Submissions or any reliance on Submissions. You are responsible for your Submissions.

You acknowledge and agree that Submissions 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 your Submissions. By providing Submissions, you waive any privacy expectations that you may have with respect to the Submissions and agree that Sherwin-Williams is not responsible or liable for any viewing, rating, reviewing, and commenting by the public with respect to your Submissions.

By providing Submissions, you represent and warrant that the Submissions comply with all applicable laws (including the California Consumer Privacy Act of 2018, as amended), rules and regulations and do not infringe, misappropriate, or violate 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 license and provide the Submissions 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 your Submissions in any manner anywhere in the world.

Use of Submissions

威廉希尔注册By submitting your Submission, you grant to Sherwin-Williams a non-exclusive, royalty-free, irrevocable, perpetual, sublicensable, transferable, worldwide license to use your Submission including, without limitation, the right to copy, distribute, publicize, publish, display, publicly perform, translate, edit, and create derivative works of your Submissions, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you for any and all lawful purposes including advertising and promotional purposes, and to publish your name, likeness, pseudonym, social media handle, or other identifier in connection with your Submissions. You acknowledge and agree that Sherwin-Williams has no obligation to post, display, or otherwise make publicly available your Submissions. Any information submitted on the Websites is subject to the Sherwin-Williams Privacy Policy, the terms of which are incorporated herein, and Sherwin-Williams is not responsible for the confidentiality of Submissions or any other information or content communicated to our Websites.

Monitoring and Management of Submissions

威廉希尔注册Sherwin-Williams shall have the right, but not the obligation, to monitor Submissions 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, intellectual property laws. Sherwin-Williams may edit, refuse to post, block access to, or remove all or part of any Submissions in its discretion for any reason or no reason, including without limitation if Sherwin-Williams suspects that a Submission is untrue, inaccurate, infringing, or otherwise unlawful, or the email address or other information provided with the Submissions is invalid, false, or misleading. Sherwin-Williams may, in its discretion, suspend or terminate your account and refuse any and all current or future use of the Websites and hold you responsible for any claim or damages arising from your Submissions. Sherwin-Williams may disclose any Submissions to any regulatory or criminal authority or third party.

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.

DISCLAIMER OF WARRANTY

威廉希尔注册THE CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SHERWIN-WILLIAMS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE WEBSITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR THE WEBSITES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR THE WEBSITES; OR ANY CONDUCT BY USERS OF THE WEBSITES. 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 CONTENT OR THE WEBSITES, 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 Websites 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 Websites, 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. By using the Websites, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. Sherwin-Williams makes no representation that materials contained in the Websites 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 Websites from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

DISPUTE RESOLUTION

Arbitration: Any and all disputes arising out of or related to these Terms of Use other than intellectual property disputes ("Non-IP Disputes") shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA). The AAA's Commercial Arbitration Rules and Mediation Procedures in effect at the time the arbitration is commenced shall govern such arbitrations unless they are inconsistent with these Terms of Use. (A current version of these rules is available here: http://www.adr.org/Rules. These rules may be amended from time to time.) Any dispute relating to the scope, applicability, validity, or enforceability of this arbitration agreement or the arbitrability of any dispute shall also be resolved by binding arbitration with the AAA.

威廉希尔注册Any arbitration hearing will be conducted in Cleveland, Ohio by a single arbitrator. The award of the arbitrator will be final and binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. More information about the arbitration process is available at www.adr.org.

Applicable Law in Arbitration: Claims arising under federal law shall be determined in accordance with federal law. Claims arising under state law shall be decided in accordance with Ohio substantive laws, without regard to conflict-of-laws principles.

Confidentiality: Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

Arbitration Fees and Costs: If you submit specific and individualized evidence that arbitration costs are unduly burdensome and the arbitrator determines that arbitration costs would be unduly burdensome to you, Sherwin-Williams shall be responsible for the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing. Each party shall pay its own deposition, witness, expert, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys' fees and costs to be awarded to the prevailing party, the Arbitrator may award reasonable attorneys' fees in accordance with the applicable statute or written agreement. The Arbitrator shall resolve any dispute as to the reasonableness of any fees or costs awarded under this paragraph.

Class Action Waiver威廉希尔注册: Notwithstanding any AAA rules to the contrary, the parties agree to arbitrate Non-IP Disputes solely on an individual basis. This agreement does not permit class arbitration. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Any dispute relating to the scope, applicability, validity, or enforceability of this class-action waiver shall be determined by a court of competent jurisdiction.

In the event that this class action waiver is deemed invalid or unenforceable, then any resulting class claims shall be adjudicated through litigation and not through arbitration.

Waiver of Jury Trial and Appellate Review威廉希尔注册: The parties understand and fully agree that by entering into this agreement to arbitrate, they are giving up their constitutional right to have a trial by jury in connection with any Non-IP Dispute, and they are giving up their normal rights of appeal following the rendering of the arbitrator's award, except as applicable law provides for judicial review of arbitration proceedings.

Litigation of Intellectual Property Disputes威廉希尔注册: You or Sherwin-Williams may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction regarding any intellectual property dispute between the parties. You hereby irrevocably consent to jurisdiction and venue of the State and Federal courts of the State of Ohio with respect to any such injunctive or other relief. The parties acknowledge that their respective rights in their intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

Severability威廉希尔注册: In the event that any portion of the Terms of Use (including the Dispute Resolution paragraphs therein) are determined to be invalid or unenforceable, those shall be severed, and the remainder of the Terms of Use will be deemed to be binding and enforceable.