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, service marks, 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
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.
Interactive Site Guidelines
By contributing to and/or participating in the interactive portions of this Site, you agree to the following guidelines:
You will not post confidential, abusive, threatening, defamatory, illegal or adult content, or any other material that may be considered offensive or that would otherwise violate any law. You will not post an advertisement or solicitation of funds, goods, or services or any other form of spam. You will not post any information that may or will infringe another party’s intellectual property rights. You agree to provide true, accurate, current and complete information about yourself and in the information you post. You represent that you own the copyright to any material you post on this Site.
Sherwin-Williams reserves the right to terminate your use of the interactive site or remove any posting or other information that you post that it deems inconsistent with its policies.
Information, photos 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 users of the interactive experience. You agree to indemnify and hold Sherwin-Williams, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or damage arising from your use of the interactive portions of this Site.
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.
Use of Information and Materials Submitted to the Web Site
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 out of or 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.
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.
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.