​Terms of use

 

 

The Sherwin-Williams Company Terms of Use

Updated as of February 13, 2023

​

Acceptance of Terms of Use

The Sherwin-Williams Company, together with its subsidiaries, affiliates, and brands (collectively, "Company"), operates websites, web pages, portals, social media pages, applications, and mobile applications (collectively, "Websites"). By using, visiting, or browsing any Websites, or by confirming your consent with us, you accept these Terms of Use and agree to the terms of our Privacy Policy. In certain circumstances, we may ask you to re-affirm your agreement to these Terms of Use, for example, before you use certain features of Websites or when you confirm your agreement to our using certain content you may post on social media. These Terms of Use apply to all web pages, websites, portals, applications, mobile applications, and social media pages that link to these Terms of Use, which also are included in "Websites" as used in these Terms of Use. Acceptance of these Terms of Use constitutes a legal agreement between you and Company.

​

PLEASE READ CAREFULLY -- In these Terms of Use you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms of Use have a dispute resolution provision that requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you do not agree with these Terms of Use, do not use or interact with the Websites.

​

Changes to Terms of Use

Company may at any time revise these Terms of Use and/or our Privacy Policy. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use and Privacy Policy to which you are bound. Your use of the Websites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Websites 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 Websites, provide or permit use of User Content (as defined below), or use our services. By accessing our Websites, 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 Websites. You also agree not to interfere with the servers or networks connected to the Websites or to violate any of the procedures, policies, or regulations of networks connected to the Websites, the terms of which are incorporated herein. You also agree not to (i) impersonate any other person while using the Websites, (ii) conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our services or Websites, (iii) use any robot, scraper, spider, or other automated means to access or gather content from the Websites, (iv) frame any web page (or portion thereof) of the Websites, (v) mirror the Websites or any portion thereof, (vi) publicly display any content from the Websites on or in connection with any other website or application, or (vii) use the Websites for any unlawful purpose. Company reserves the right to terminate your access to the Websites or any of its services for any reason or no reason whatsoever without prior notice to you, including, without limitation if you do not comply with the Terms of Use, provide false, inaccurate, or incomplete information during any registration process, or engage in any conduct that would otherwise harm any of Company's rights or interests in its Websites, services, or other property.

​

Links

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.

​

Intellectual Property

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.

​

Subject to these Terms of Use, Company grants to you a personal, revocable, non-exclusive, non-transferable license to use the Websites to view the Content, print the Content, and download the Content where permitted, all for personal and noncommercial use only, except with regard to the Sherwin-Williams Project Bids tool and any other tools Company provides on any of our Websites that are expressly intended to support users' commercial activities ("Professional Tools"). You may use Professional Tools and the associated Content for the purposes identified by the Professional Tools (such as for submitting bids to customers and tracking and recording bids), or as otherwise expressly stated in a License Agreement (defined below) that pertains to the Professional Tools, but for no other commercial purpose. Except as expressly stated in these Terms of Use, no Content may be copied, reproduced, modified, decompiled, disassembled, reverse engineered, 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 Company. Upon termination of the license granted to you in these Terms of Use, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

​

 

 

The trademarks, service marks, and logos used and displayed on the Websites ("Trademarks") are registered or unregistered Trademarks of Company or third parties. Notwithstanding anything in these Terms of Use to the contrary, the name of Sherwin-Williams or any Trademark may not be used, including without limitation in any advertising or promotional materials, without the prior written consent of Trademark owner, and nothing on the Websites shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark without the prior written consent of its owner. Company prohibits the use of any Company logo and Trademark as a link to any website unless establishment of such link is approved in advance by Company in writing.

​

Any Professional Tool that is made available on the Websites to use (either by access or download) is the copyrighted work of Company, its licensors, or its third-party partners, and may be further protected by patent, trademark, trade secret or other proprietary rights. Your use of the Professional Tools is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Professional Tools ("License Agreement"), as well as by these Terms of Use. You may not install, access or use any Professional Tool that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Professional Tool that is not accompanied by a License Agreement, Company hereby grants, to the extent Company is authorized and legally able, to you, the user, a revocable, personal, nontransferable license to use the Professional Tool for viewing and otherwise using features of the Websites in accordance with these Terms of Use, and for no other purpose. Any third-party notices accompanying any Professional Tool are provided for informational purposes only. No other rights or licenses whether express or implied, including, without limitation, any implied patent licenses, are granted by Company. WITHOUT LIMITING ANYTHING IN THESE TERMS OF USE, COPYING OR REPRODUCTION OF THE PROFESSIONAL TOOLS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

​

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: copyright@sherwin.com
 

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.

​

User-Generated Content

Portions of the Websites, including without limitation applications and social media pages, may permit users to post information and content and contribute to and participate in portions of the Websites. Company may also request to use content publicly posted by you on social media platforms by contacting you via the platform on which such content appears. All information, content, photos, images, videos, contributions, and submissions that you either (a) provide in connection with the portions of the Websites that permit such public posting, contributions, or participation, or (b) permit Company to use in response to a communication referencing these Terms of Use are referred to as "User Content." By providing User Content, or agreeing to Company's use of any User Content, you represent that the User Content: (i) is not fraudulent, false, misleading, or deceptive, (ii) is not defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) does not promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is not violent or threatening nor promotes violence or actions that are threatening to any other person or animal, (v) does not promote illegal or harmful activities or substances, and (vi) does not violate any other Company policy. If User Content involves rating or review of a product or service, you shall provide your honest opinion and belief based on actual knowledge and disclose if you have been compensated in any way or received any consideration for your rating or review. You further agree not to post an advertisement or solicitation of funds, goods, or services or any other form of spam, and to provide true, accurate, current, and complete information about yourself and in your User Content. If asked to submit an email address when providing your User Content, it must be a valid email address.

​

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

By submitting your User Content, or agreeing to Company's use of User Content, you grant to Company a non-exclusive, royalty-free, irrevocable, perpetual, sublicensable, transferable, worldwide license to use your User Content including, without limitation, the right to copy, distribute, publicize, publish, display, publicly perform, translate, edit, and create derivative works of your User Content, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you, for any and all lawful purposes, including sharing with business partners, and advertising and promotional purposes, with or without your name, likeness, pseudonym, social media handle, or other identifier. Company may ask you to re-affirm your agreement to its use of particular User Contact by contacting you on the platform on which such User Content appears. You acknowledge and agree that Company has no obligation to post, display, or otherwise make publicly available your User Content. Any information submitted on the Websites is subject to the Company Privacy Policy, the terms of which are incorporated herein, and Company is not responsible for the confidentiality of User Content or any other information or content communicated to our Websites.

​

Monitoring and Management of User Content

Company shall have the right, but not the obligation, to monitor User Content to determine compliance with these Terms of Use and any other operating rules established by Company, as well as to determine compliance with applicable laws, including, but not limited to, intellectual property laws. Company may edit, refuse to post, block access to, or remove all or part of any User Content in its discretion for any reason or no reason, including without limitation if Company suspects that the User Content is untrue, inaccurate, infringing, or otherwise unlawful, or the email address or other information provided with the User Content is invalid, false, or misleading. Company may, in its discretion, suspend or terminate your account and refuse any and all current or future use of the Websites and hold you responsible for any claim or damages arising from your User Content. Company may disclose User Content to any regulatory or criminal authority or third party.

​

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.

​

Indemnity

You agree to indemnify, defend, and hold harmless Company, 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 Websites or your breach of these Terms of Use. Company shall provide notice to you promptly of any such claim, suit, or proceeding and may, at Company's discretion, 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 Websites, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning Company shall be governed by the laws of the United States and the State of Ohio, excluding its conflict of laws principles, except that the Dispute Resolution provision below shall be interpreted and enforced as set forth therein. By using the Websites, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. Company makes no representation that materials contained in the Websites 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 Websites from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

​

DISPUTE RESOLUTION

Arbitration: Any disputes arising out of or related to these Terms of Use that are not intellectual property disputes (“Non-Intellectual Property Disputes”) shall be resolved exclusively by arbitration under applicable local law. The AAA Commercial Arbitration Rules and Mediation Procedures in effect at the time the arbitration is commenced shall govern such arbitrations unless they are inconsistent with these Terms of Use. Any dispute relating to the scope, applicability, validity, or enforceability of this arbitration agreement or the arbitrability of any dispute shall also be resolved by arbitration under applicable local law.

Any arbitration hearing will be conducted in accordance with applicable local laws. The arbitrator's award shall be final and binding on the parties, and judgment on such award may be entered in any court of competent jurisdiction.

​

Governing Law in Arbitration: Claims arising under applicable local law will be determined in accordance with applicable local law.

​

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, except to protect or pursue a legal right. legal.

​

Arbitration Fees and Costs: If You present specific and individualized evidence that the arbitration costs are unreasonably burdensome and the arbitrator determines that the arbitration costs would be unreasonably onerous for You, the Company will be responsible for the arbitrator's fees and expenses. arbitration and any other exclusive costs of the arbitration hearing. Each party will pay its own deposition, witness, expert and attorney fees and other expenses to the same extent as if the matter were heard in court. However, if either party prevails in a statutory claim that pays the prevailing party's attorneys' fees and costs, or if there is a written agreement providing for the attorneys' fees and costs to be awarded to the prevailing party , the Arbitrator may award reasonable attorneys' fees in accordance with applicable statute or written agreement. The Arbitrator will resolve any dispute about the reasonableness of the fees or costs awarded under this paragraph.

​

Class Action Waiver: Notwithstanding any arbitration rules to the contrary, the parties agree to arbitrate Non-Intellectual Property Disputes solely on an individual basis. This agreement does not allow class arbitration. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of a representative or class proceeding.

Any dispute regarding the scope, applicability, validity, or enforceability of this class action waiver will be determined by a court of competent jurisdiction.

In the event this Class Action Waiver is found invalid or unenforceable, any resulting class claims will be adjudicated by litigation and not by arbitration.

​

Waiver of Jury Trial and Appellate Review: The parties fully understand and agree that by entering into this arbitration agreement, they are waiving their constitutional right to a jury trial in connection with any Non-Intellectual Property Dispute. , and are waiving their normal rights of appeal following the rendering of the arbitration award, except as applicable local law provides for judicial review of arbitration proceedings.

​

Litigation of Intellectual Property Disputes: You or the Company may seek injunctive relief or other remedies in any state, federal, or national court of competent jurisdiction with respect to any intellectual property dispute between the parties. You hereby irrevocably consent to the jurisdiction and venue of the state and federal courts in the State of Ohio with respect to any injunctive or other relief. The parties acknowledge that their respective rights to their intellectual property are of a special, unique and extraordinary character, giving those rights a peculiar value, the unauthorized use, disclosure or loss of which cannot be easily estimated and cannot be adequately compensated in damages. monetary.

​

Severability: In the event that any part of the Terms of Use (including the Dispute Resolution paragraphs therein) is determined to be invalid or unenforceable, those will be deemed deleted and the remainder of the Terms of Use shall be deemed binding and enforceable.