Updated as of February 13, 2023
Limitations of Use
Some of the hyperlinks on the Websites may lead to third-party websites. These websites are not controlled by, or affiliated with, Company. In addition, other websites may link to our Websites. Company is not responsible for the content or privacy policies of these third-party websites.
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 Company, its licensors, contributors, or third parties. The compilation of the Content on the Websites is the exclusive property of Company.
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, please provide Company's 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 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: firstname.lastname@example.org
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 Company's policy to terminate, in appropriate circumstances and to the extent it is able to do so, the accounts of users of Websites who are repeat copyright infringers or who are the subject of repeated copyright infringement complaints.
Company is not responsible for the accuracy, truthfulness, or reliability of any User Content and hereby disclaims any and all liability with respect to User Content or any reliance on User Content. You are responsible for your User Content.
You acknowledge and agree that User Content may be made available by Company for viewing, rating, reviewing, or 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 User Content. By providing User Content, or agreeing to Company's use of any User Content, you waive any privacy expectations that you may have with respect to the User Content and agree that Company is not responsible or liable for any viewing, rating, reviewing, or commenting by the public with respect to your User Content.
By providing User Content, or agreeing to Company's use of User Content, you represent and warrant that the User Content complies with all applicable laws (including applicable privacy laws), rules, and regulations, and does 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, that you have the full and unrestricted right to license and provide the User Content to Company, free and clear of any claims or encumbrances, and that you have the rights from any and all third parties appearing in the User Content to use their names, images, or likenesses, and any other third party-owned elements in and as part of your User Content. You agree to hold Company 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 Company's use of your User Content in any manner anywhere in the world.
Use of User Content
Monitoring and Management of User Content
DISCLAIMER OF WARRANTY
THE WEBSITES AND ALL CONTENT (IN WHATEVER FORM OR MEDIA), MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN, AVAILABLE THROUGH, OR CONTAINED ON THE WEBSITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK. ACCESS TO THE WEBSITES MAY BE INTERRUPTED. COMPANY 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, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITES OR THE CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TOOLS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOSS OF USE, OR LOST PROFITS OF ANY KIND, ON ANY THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE WEBSITES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
Choice of Law
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU AND COMPANY TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND COMPANY CAN SEEK RELIEF FROM EACH OTHER.
b. EXPRESS WAIVER OF RIGHT TO JURY TRIAL, CLASS ACTIONS, AND CLASS CLAIMS. AS TO ANY DISPUTE, BOTH COMPANY AND YOU KNOWINGLY AND VOLUNTARILY WAIVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RIGHT TO JURY OR BENCH TRIAL; THE RIGHT TO BRING, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE; AND ANY NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF THE ARBITRATOR'S AWARD, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONSIDER, CERTIFY, OR HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE ACTION. ANY DISPUTE RELATING TO THE SCOPE, APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF THIS CLASS WAIVER PROVISION SHALL BE RESOLVED BY A COURT AND NOT THE ARBITRATOR OR ARBITRATION SERVICE PROVIDER.
c. Pre-Arbitration Notice and Informal Dispute Resolution. In the event that a Dispute arises between us, Company is committed to working with you to reach a reasonable resolution. Both you and Company agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Company employee, depending on which party is providing notice. Notice sent by you to Company will be sent to the following email and street addresses: The Sherwin-Williams Company 101 W Prospect Ave Cleveland, OH 44115 Attn: Legal Department Email: email@example.com Notice sent by Company to you will be sent to the email and street address that you provided to Company. You and Company then agree to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The conference will be individual to you; multiple people or entities initiating claims cannot participate in the same conference. If either party has counsel, that party's lawyer may participate, but the party also must appear and participate. If and only if we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, then either party may commence an arbitration proceeding with a written demand for arbitration. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating arbitration. Should disagreement arise, any determination of whether you or Company complied with this provision will be decided by a court and not an arbitrator. Any limitations period and filing fee or other deadlines will be tolled from the date the Dispute is noticed to the other side until expiration of this 60-day period.
f. Confidentiality. Any arbitration will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Also, 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.
g. Arbitration Fees and Costs. The filing party must pay the filing and other fees and costs of arbitration as provided by the applicable AAA Rules, and in the case of a commercial arbitration, the filing party must pay all filing and other fees and costs of arbitration. The parties will share the arbitrator's compensation equally, unless you submit specific and individualized evidence that arbitration fees or costs are unduly burdensome for you as compared to the costs of litigation, the arbitrator determines that arbitration fees or costs would be unduly burdensome to you, and the AAA refuses to grant you a waiver of those fees or costs. Any arbitration fees or costs paid by a party are subject to fee- or cost-shifting to the other party, if the arbitrator determines that the matter is frivolous or brought for an improper purpose. Each party will 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 and costs in accordance with the applicable statute or written agreement. The arbitrator will resolve any dispute as to the reasonableness of fees or costs awarded under this paragraph.
i. Litigation of Small Claims and Intellectual Property Disputes. Each party retains the right (i) to elect to have any claims heard in small claims court on an individual (non-class, non-representative) basis for Disputes within the scope of such court's jurisdiction, up to thirty (30) days after the party is given notice of the filing of an arbitration demand, and (ii) to seek injunctive or other relief in any court of competent jurisdiction regarding any intellectual property dispute between the parties in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You hereby irrevocably consent to jurisdiction and venue of the State, Federal, and other 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.