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Terms of Use
Use of this site ("Site") is subject to these Terms of Use, our
Privacy Policy and
Terms and Conditions of Sale
which collectively constitute a legal agreement among you, Sherwin-Williams
Automotive Finishes and its affiliates(s) ("Sherwin-Williams"). By using
this Site, you acknowledge you have read, understand and agree to be bound by
these Terms of Use, the Privacy Policy and the Terms and Conditions of Sale.
Please review them prior to viewing this Site. If you do not agree with the
terms thereof, please do not use this Site.
The following are terms of an agreement between you and Sherwin-Williams. By
accessing, browsing and/or using this Site you acknowledge you have read,
understand and agree to be bound by these Terms of Use, the Privacy Policy and
our Terms and Conditions of Sale and to comply with all applicable laws and
regulations in relation thereto. If you do not agree with the same, do not
access, browse or use this Site. This Site is controlled and operated by
Sherwin-Williams from its corporate offices in Cleveland, Ohio USA.
Sherwin-Williams makes no representation or warranty that any of the materials
contained in this Site are appropriate or available for use in other locations
or that access to such materials from locations outside the United States is
permitted. Persons who choose to access this Site from locations outside the
United States do so on their own initiative and are responsible for compliance
with applicable local laws. Any claim relating to, and the use of, this Site
and the materials referred to herein shall be governed by and construed in
accordance with the laws of the State of Ohio, U.S.A.
Ownership of Materials and Copyright
All content contained in this Site, including, but not limited to, information,
editorial materials, photographs, descriptions, illustrations, names, logos,
trademarks, servicemarks, graphic materials, photographs, button icons, images,
audio and video clips, digital downloads, data compilations and software
(collectively, "Materials") is owned by Sherwin-Williams or its parent company
or subsidiaries. All Materials are copyrighted and are protected by various
copyright laws and international treaties. None of the Materials 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.
License and Site Access
Sherwin-Williams, through its parent company, grants you a limited license to
access and make personal use of this Site and not to download (other than page
caching) or modify the Site, or any portion thereof, except with the express
written consent of Sherwin-Williams. This license does not include any resale
or commercial use of this Site or its contents; any collection and/or use of
any product listings, descriptions, or prices; any derivative use of this Site
or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This Site or any portion of this Site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without the express written consent of
Sherwin-Williams. You may not frame or utilize framing techniques to enclose
any trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Sherwin-Williams and its affiliates without express
written consent. You may not use any meta tags or any other "hidden text"
utilizing Sherwin-Williams' name or trademarks without the express written
consent of Sherwin-Williams. Sherwin-Williams may revoke the rights granted
in these Terms of Use at any time without prior notice. Any rights granted to
you hereunder shall terminate automatically without notice in the event of any
unauthorized use by you of this Site. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the homepage of this Site so long
as the link does not portray Sherwin-Williams, its affiliates, its products or
services, or this Site, in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Sherwin-Williams logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Trademarks
The trademarks, service marks and logos used and displayed on this Site
("Trademarks") are registered or unregistered Trademarks of
Sherwin-Williams, or its parent company or subsidiaries. Nothing in this Site
shall be construed as granting, by implication, estoppel or otherwise any
license or right to use any Trademark displayed on this Site 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 without the prior written consent of
Sherwin-Williams. Sherwin-Williams prohibits the use of any Sherwin-Williams'
logo or Trademark as a hot link to any non-Sherwin-Williams site unless
establishment of such link is approved in advance by Sherwin-Williams in writing.
DISCLAIMER OF WARRANTY
THE MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED. 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 REGARDING
THE MATERIALS OR THIS SITE. SHERWIN-WILLIAMS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR
THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR ANY SITES
LINKED TO THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SHERWIN-WILLIAMS BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT
LIMITED TO, LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO
USE THE MATERIALS OR THE SITE 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. YOUR USE OF THIS
SITE IS AT YOUR OWN RISK.
Links to Non-Sherwin-Williams' Sites
This Site may contain links to web sites owned or operated by parties other than
Sherwin-Williams. Such links are provided for your reference only.
Sherwin-Williams does not control outside sites and is not responsible for their
content. Sherwin-Williams' inclusion of links to an outside site does not imply
any endorsement of the materials on such site. Sherwin-Williams reserves the
right to terminate any link or linking program at any time. If you decide to
access any third party site linked to this Site, you do so entirely at your own
risk.
User Submissions
You agree that any material, information or other communication
("Submission") you transmit or post to this Site is non-confidential
and non-proprietary. You further agree that Sherwin-Williams and any of its
designees are free to copy, disclose, distribute, incorporate and otherwise use
the Submission, or any part thereof, and all data, images, sounds, text and
other things embodied therein for any and all commercial or non-commercial
purposes without obligation to you. You are prohibited from posting or
transmitting to this Site any unlawful, threatening, libelous, defamatory,
obscene, pornographic or other material that may be considered offensive or
that would otherwise violate any law.
Disputes
You agree that any dispute relating in any way to your visit to this Site or to
products you may purchase through this Site shall be submitted to arbitration in
Cleveland, Ohio except that, to the extent you have in any manner violated or
threatened to violate Sherwin-Williams' intellectual property rights,
Sherwin-Williams may seek injunctive or other appropriate relief in any state or
federal court in the state of Ohio, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under this agreement shall be conducted
under the rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
Revisions
Sherwin-Williams may at any time revise these Terms of Use, the Privacy Policy
and the Terms and Conditions of Sale. By using this Site, you agree to be bound
by any such revisions and should therefore periodically visit this page to
determine the then current terms to which you are bound.
Employment Information
Sherwin-Williams may make certain employment information available through this
Site. Sherwin-Williams is an equal opportunity employer. The Company seeks and
employs the best qualified people available without discriminating on the basis
of race, religion, color, gender, national origin, age, disability, status as a
special disabled veteran of the Vietnam era or any other consideration made
unlawful by federal, state or local law.
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