Updated as of September 7, 2021
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.
Name: General Counsel
The Sherwin-Williams Company
101 Prospect Ave
Cleveland, Ohio 44115-1075
Phone: (216) 566-2000
Fax: (216) 566-2947
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 CONTENT (IN WHATEVER FORM OR MEDIA) CONTAINED ON THE WEBSITES IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. 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, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY, 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 COMPANY OR A COMPANY 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.
Choice of Law
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, Company 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: 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: 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: You or Company 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.