Formby's Terms of Use

The Sherwin-Williams Company Terms of Use

Acceptance of Terms of Use
By using, visiting, or browsing any web site or portal published by The Sherwin-Williams Company, any of its affiliates or subsidiaries (collectively, "Sherwin-Williams") (collectively, the "Web Site(s)") you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please do not use our services or visit our Web Sites. Acceptance of these Terms of Use constitutes a legal agreement between you and Sherwin-Williams.

Changes to Terms of Use
Sherwin-Williams may at any time revise these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use and conditions to which you are bound. Your use of the Web Sites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Web Site 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 Web Sites or use our services. By accessing our Web Sites, 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 Web Sites. You also agree not to interfere with the servers or networks connected to the Web Sites or to violate any of the procedures, policies or regulations of networks connected to the Web Sites, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Web Sites, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Web Sites, or use the Web Sites for any unlawful purpose. You further agree to only submit content to the Web Sites that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. Sherwin-Williams reserves the right to terminate your access to the Web Sites or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of Sherwin-Williams's rights or interests in its Web Sites, services, or other property; or for any or no reason whatsoever without prior notice to you.

Monitoring and Management of Content of Web Sites
Sherwin-Williams shall have the right, but not the obligation, to monitor the content of the Web Sites 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, copyright laws. Sherwin-Williams shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Web Sites that Sherwin-Williams finds to be in violation of these Terms of Use or that Sherwin-Williams believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.

Links
Some of the hyperlinks on the Web Sites may lead to third-party Web sites. These Web sites are not controlled by, or affiliated with, Sherwin-Williams. In addition, other Web sites may link to our Web Sites. Sherwin-Williams is not responsible for the content or privacy policies of these third-party Web sites.

Intellectual Property
The elements of the Web Sites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of Sherwin-Williams or its affiliates. The compilation of the content on the Web Sites is the exclusive property of Sherwin-Williams.

Copyrights
The copyright in all materials provided on the Web Sites is owned by Sherwin-Williams or its affiliate(s). Except as stated herein, none of the material contained in the Web Sites 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. Permission is hereby granted to view, copy, print and download the materials on the Web Sites for personal, noncommercial use only provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. Sherwin-Williams may revoke any of the foregoing rights at any time. You may not, without Sherwin-Williams' prior written consent, "mirror" any material contained on the Web Sites on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from a Web Site. Any unauthorized use of any material contained on the Web Sites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Notification of Copyright Infringement
If you believe that a work you own and which is protected by copyright has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web Sites or on sites linked to from the Web Sites, 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
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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
Name: Louis E. Stellato

Address:
The Sherwin-Williams Company
101 Prospect Avenue, N.W.
Cleveland, Ohio 44115-1075
Phone: (216) 566-2200
Fax: (216) 566-2947
email: copyright@sherwin.com

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY FOR THE PURPOSE OF NOTIFYING THE COPYRIGHT AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITES OR ON SITES LINKED TO FROM THE WEBSITES. ANY REQUEST, INQUIRY OR COMMUNICATION THAT IS SENT TO THE COPYRIGHT AGENT FOR ANY OTHER PURPOSE WILL NOT BE RESPONDED TO.

Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Web Sites are registered or unregistered Trademarks of Sherwin-Williams. Nothing on the Web Sites shall be construed as granting, by implication, estoppels or otherwise any license or right to use any Trademark displayed on the Web Sites 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 on the Web Sites without the prior written consent of Sherwin-Williams. Sherwin-Williams prohibits the use of any Sherwin-Williams logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Sherwin-Williams in writing.

DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITES; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE WEB SITES; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE WEB SITES; OR ANY CONDUCT BY USERS OF THE WEB SITES. 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 MATERIALS ON THE WEB SITES, 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.

Use of Information Submitted to the Web Sites
Sherwin-Williams is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Web Sites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web Sites or other Web Sites. Furthermore, by posting any information on our Web Sites, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Web Sites is subject to the Sherwin-Williams Privacy Policy, the terms of which are incorporated herein.

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 Web Sites or your breach of these Terms of Use. Sherwin-Williams shall provide notice to you promptly of any such claim, suit, or proceeding and shall 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 Web Sites, 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. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in Cleveland, Ohio. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect.

By using the Web Sites, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. The material provided on the Web Sites is protected by law including, but not limited to, United States copyright and trademark law and international treaties. Sherwin-Williams makes no representation that materials contained in the Web Sites 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 Web Sites from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

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