TERMS OF USE

THE DUNN-EDWARDS® TERMS OF USE (OUR TOU.)

INTRODUCTION

Dunn-Edwards Corporation “Dunn-Edwards” publishes (i) the www.dunnedwards.com website and the www.dunnedwardsdura.com (collectively our “Website”), and (ii) certain pages on social media websites used by Dunn-Edwards, including without limitation, Facebook, Twitter, YouTube, Instagram, Pinterest, Houzz, and LinkedIn (collectively, “Social Media,” with the Dunn-Edwards pages on Social Media being referred to as our “Social Media Pages”). Dunn-Edwards allows content to be displayed on or linked to, from, or via our Website and Social Media Pages, including, without limitation, posts, blogs, and e-newsletters (our Website and our Social Media Pages displaying and/or linking content are, collectively, our “Sites”).

 

Our Sites are governed by the terms and conditions set forth on our Website in these Terms of Use. These Terms of Use include the provisions set forth below together with (i) our Privacy Policy, which you may view by clicking here (our “Privacy Policy”), and (ii) certain additional terms and conditions that may disclosed by us to you from time to time (all of which Terms of Use, Privacy Policy, and additional terms and conditions are, collectively, the “TOU”). Our Sites include all web pages within our Website and Social Media Pages existing from time to time and include backup, mirror, replacement, or substitute sites or pages we make available as part of the services we provide.

 

The entire contents of our Sites and any and all contents displayed, posted, linked, uploaded, or downloaded to, from, or via our Sites, including without limitation, any and all documents, text, images, music, sound, photographs, illustrations, icons, graphics, headers, data, information, software, code, designs, and animations; audio, video, and audio-visual material; art, graphic material, features, functions, services, activities, promotions, proprietary information, data, and databases; the selection, sequence, “look and feel,” and arrangements of items; and all copyrightable or otherwise legally protectable elements, are referred to in the TOU as “Content.”

 

Our Social Media Pages are presented by Dunn-Edwards; however, Facebook, Pinterest and other Social Media are owned by third parties unaffiliated with Dunn-Edwards. The TOU applies to our Sites (consisting of our Website and our Social Media Pages) only, and you are at all times subject to the additional terms of use, policies, and other terms and conditions of all third party websites (including Social Media) (collectively, “Third Party Website Terms”) where our Social Media Pages and other Content may appear. In this regard, Dunn-Edwards is not responsible for any Third Party Website Terms, including those that may be linked to or by our Sites. Accordingly, we urge you to review the Third Party Website Terms of all such third party websites (including Social Media) that you visit. Dunn-Edwards does not endorse and is not responsible for any ads or other Content that third party websites (including Social Media) may place on our Sites (including our Social Media Pages) or elsewhere.

 

By using, visiting, or browsing any of our Sites, you accept, without limitation or qualification, the TOU, including, without limitation, the terms of our Privacy Policy. If you do not agree to the TOU (including our Privacy Policy), please do not use our services or visit our Sites. The TOU (including our Privacy Policy) constitutes a legally binding agreement between you and Dunn-Edwards.

 

CHANGES TO TERMS OF USE

Dunn-Edwards may at any time change the TOU (including, without limitation, our Privacy Policy) by posting an updated TOU on our Website, and any such change in the TOU shall be binding on you for all transactions or matters that are effected or arise after such posting. Therefore, we recommend that you review the TOU carefully each time you visit our Sites.

 

LIMITATIONS OF USE

You must be 18 years of age or older to access our Sites or use our services.

 

YOUR ONLINE ACCOUNT

Our Sites may allow you to create and register for an online account to access Content. As part of the process of registering for an account, you may choose a username, email address, one or more security questions/answers, and/or a password (or we may assign an initial password, which we will give you the option to change). All or part of this information may be used by Dunn-Edwards from time to time on our Sites or in other communications with you to confirm your identity.

 

Dunn-Edwards is pleased to permit you to have online access to Dunn-Edwards’ point-of-sale receipts, invoices, statements of account, account balances, account payment history, and related information by registering for an online account at our Website, as well as the ability to make a payment on your credit account (if you have one). Once you establish your online account, you may choose to opt-out of receiving paper invoices and account statements. By opting-out, you acknowledge and agree that you will no longer receive any Dunn-Edwards paper invoices or statements of account and that you will instead be responsible for viewing and being aware of such invoices, statements of account, and related information in your online account. In this regard, you may be notified by email whenever a new Dunn-Edwards invoice or statement of account is available for you to view and print at our Website. In connection with viewing your invoices and statements of account at our Website, you may also be able to view and print copies of your point-of-sale receipts.

 

By using your online account on our Sites, you agree that your account information will always be complete, accurate, and up-to-date. You will also be responsible for any activities that occur under your account. You should limit access to your account to the persons and access levels that you deem to be appropriate. Dunn-Edwards is not responsible for anyone whose access may have exceeded your authorization, and any activities that occur under your Dunn-Edwards account will be considered authorized by you.

 

In this regard, you are responsible for maintaining the confidentiality of any username, email address, security answers, password, and other personal information. We are not liable for any harm caused or related to the disclosure, theft, or misappropriation of your personal information or invoices, statements of account, account balance, account payment history, point-of-sale receipts, or any other information about you, or your authorization of anyone else to access or use any of your personal information or other information relating to you, and you will defend and indemnify us for any such harm as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your personal information or other information about you or any need to deactivate any of your personal information due to security or other concerns. You can change your password and security questions and answers as often as you like by contacting us as set forth in the Contacting Us section below, and for security reasons, you are encouraged to do so. Do not leave your computer unattended when logged into your account. When you are finished using our Sites, log out completely and close your browser. Remember, never disclose your confidential account information on Social Media or on our Social Media Pages.

 

COMMERCIAL EMAILS

You may periodically receive commercial emails from us. You will always have the option to unsubscribe from receiving commercial emails (as further described in our Privacy Policy).

 

MOBILE MESSAGING

Dunn-Edwards Alerts (the “Service”) are text messages that contain alerts for select Dunn-Edwards special offers, color tips, and sales, which are sent to Dunn-Edwards customers who opt in to receive same. The Service is governed by the Dunn-Edwards Mobile Messaging Terms and Conditions, which can be accessed by clicking here. By using the Service, you agree to the Dunn-Edwards Mobile Messaging Terms and Conditions that are then in effect, which are incorporated into the TOU by this reference. Dunn-Edwards may at any time revise the Dunn-Edwards Mobile Messaging Terms and Conditions. You are bound by any such revisions and should therefore periodically visit this page to determine the then current Dunn-Edwards Mobile Messaging Terms and Conditions to which you are bound.

 

PRODUCT SALES

For a list of Dunn-Edwards stores, please click here.

 

To order any products from Dunn-Edwards, please contact a Dunn-Edwards store or visit dunnedwards.com.

 

All sales of Dunn-Edwards products, whether originated online or from Dunn-Edwards stores, are governed by our Terms of Sale (“TOS”), which can be accessed by clicking here, or by our Consumer Online Terms of Sale (“COTOS”), which can be accessed by clicking here.

 

The COTOS govern sales of products that are ordered through the “Consumers shopping experience” section of our Website, while the TOS govern all other sales of products, including, without limitation, sales of products that are effected at or through Dunn-Edwards stores or that are ordered through the “Professional shopping experience” section of our Website. The TOS or the COTOS (as the case may be) have control over any conflicting terms in any other document or communication from you to us. Dunn-Edwards may at any time revise the TOS or the COTOS. You are bound by any such revisions and should therefore periodically visit our Website to determine the then current TOS or COTOS to which you are bound.

 

FIND A PAINT PRO LISTING

The Find a Paint Pro Listing that is included on our Website (“Find a Paint Pro”) lists certain painting contractors who have established accounts with Dunn-Edwards and sets forth certain information about these contractors that the contractors have supplied to Dunn-Edwards. Find a Paint Pro may also contain links to the website, email, or Social Media of certain listed contractors. While Dunn-Edwards believes that many of the best painting contractors in the business are listed in Find a Paint Pro, Dunn-Edwards does not screen the contractors or verify the information about them that is included in Find a Paint Pro or in their websites, email, or Social Media. Accordingly, Dunn-Edwards makes no representation or warranty regarding, and shall have no responsibility for, (i) the status as licensed, bonded, or insured contractors of any of the contractors who are listed in Find a Paint Pro; (ii) the availability, experience, qualifications, competence, or quality of work of any such contractors; or (iii) the currency or accuracy of any information that is included in Find a Paint Pro or in any websites that are linked to Find a Paint Pro. Moreover, Dunn-Edwards expressly denies liability and undertakes no responsibility for the results or consequences of any services that are provided by any of the contractors who are listed in Find a Paint Pro. Further, the inclusion of a contractor in Find a Paint Pro is no guarantee that the contractor will use only Dunn-Edwards paint. If you wish to use Dunn-Edwards paint for your project, be sure to specify it in your contract with your painting professional.

 

PROPRIETARY RIGHTS TO THE CONTENT

The Content is subject to trademark, tradename, copyright, or other intellectual property (collectively, “Intellectual Property”) rights or licenses held by Dunn-Edwards or by third parties. Except as otherwise expressly authorized in the TOU, you may not use, copy, modify, or create derivative works of the Content, or distribute, publish, transmit, reuse, or repost the Content in any manner, or sell or attempt to sell the Content.

 

USE LICENSE

Dunn-Edwards grants you permission to view, link, display, post, share with third parties, and print individual pages containing Content that we generate from or allow on our Sites for your own personal use, provided that (with the exceptions expressly authorized elsewhere in the TOU) you retain all copyright, trademark, proprietary, or other Intellectual Property notices contained on such pages and comply and cause third parties with whom you share our Sites and/or Content to comply with the TOU. Dunn-Edwards reserves complete title and full Intellectual Property rights in any Content that you upload to or download from our Sites.

 

As a further condition of your use of Content that we generate from or allow on our Sites, you represent and warrant to Dunn-Edwards that you will not use such Content or our Sites for any purpose that is unlawful, immoral, or prohibited by the TOU, and that you will ensure that any posts, links, communications, advertising materials, form contracts, or other documents or materials you generate or display using any of the tools on our Sites fully comply with the provisions of the TOU and with all applicable laws, including your avoidance of the following: (i) misrepresenting the existence, authorizing state, or number of a contractor’s license or identity of a user, (ii) tampering with our Sites, and (iii) conducting fraudulent activities.

 

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Sites infringe your copyright, you may request removal of those materials (or access to them) from our Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated copyright agent to receive DMCA Notices is:

 

Jenna F. Karadbil, Esq., CIPP/US
Law Offices of Jenna F. Karadbil, P.C.
40 Worth Street, 10th Floor
New York, New York 10013
Phone: (646) 527-7323
Email: D-E_DMCA@jfk-lawyer.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

 

Please be aware that if you knowingly materially misrepresent that material or activity on our Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

COUNTER NOTIFICATION PROCEDURES

If you believe that material you posted on our Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:

 

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Site(s) in question may be found) and that you will accept service from the person (or an agent of that person) who provided the complaint at issue.

 

Our designated agent to receive Counter Notices is:

 

Jenna F. Karadbil, Esq., CIPP/US
Law Offices of Jenna F. Karadbil, P.C.
40 Worth Street, 10th Floor
New York, New York 10013
Phone: (646) 527-7323
Email: D-E_DMCA@jfk-lawyer.com

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

 

Please be aware that if you knowingly materially misrepresent that material or activity on our Sites was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

TRADEMARKS

Dunn-Edwards aggressively enforces its Intellectual Property rights to the fullest extent of the law. The trademark “Dunn-Edwards,” the Dunn-Edwards logo, and the other Dunn-Edwards Intellectual Property may not be used in any way, whether in advertising or publicity pertaining to distribution of products listed on our Sites or otherwise, without the prior written permission of Dunn-Edwards. Dunn-Edwards prohibits use of any Dunn-Edwards Intellectual Property as part of a link to or from any website or Social Media unless establishment of such a link is approved in advance by Dunn-Edwards in writing. If you wish to propose the establishment of such a link, please use our Contact Us form to send us an email. Other product and company names mentioned in our Sites may be the Intellectual Property of their respective owners.

 

Set forth below is a partial listing of Dunn-Edwards’ registered and unregistered trademarks:

 

REGISTERED TRADEMARKS:

COATINGS PRODUCTS: ACOUSTIKOTE®, ACRI-BUILD®, ACRI-HUES®, ACRI-WALL®, ALKYFALL®, AQUAFALL®, ARISTOGLO®, ARISTOSHIELD®, ARISTOWALL®, BLOC-RUST®, BLOCK-IT®, DECOGLO®, DECOPRIME®, DURAFLO®, EFF-STOP®, ENCORE®, ENDURA-COAT®, ENDURACAT®, ENDURAGLOSS®, ENDURALASTIC®, ENDURAPATCH®, ENDURAPRIME®, ENDURASEAL®, ENDURAWALL®, EVEREST®, EVERSHIELD®, EXQUISITE® (paint), EZ-PRIME®, FLEX-PRIME®, FLEX-TEX®, INTER-KOTE®, PERMAGLOSS®, QUIK-WALL®, SPARTAGLO®, SPARTAGLOSS®, SPARTASHEEN®, SPARTASHELL®, SPARTASHIELD®, SPARTAWALL®, SPARTAZERO®, STAINSEAL®, SUPER U-365®, SUPER-LOC®, SUPER-WALL®, SUPREMA®, SURFACO®, SYN-LUSTRO®, ULTRA-GRIP®, ULTRA-SCRUB®, ULTRASHIELD®, VERSAFLAT®®, VERSAGLO®, VERSAGLOSS®, VERSASATIN®, VERSAWALL®, VIN-L-STRIPE®, VINYLASTIC®

 
NON-COATING PRODUCTS: ONYX®, PERFECTA-PRO®, SILKY-FLO®

 
CORPORATE TRADEMARKS: CHROMASTAY®, COLOR-ARK®, COLORCLOUD®, CONTRACTOR’S EDGE®, DUNN-EDWARDS®, (STORE(S) / LOCATION(S) AND CLOTHING (INCLUDING T-SHIRTS, HATS, PANTS), DUNN-EDWARDS INSTACOLOR®, DUNN HUB®, DUNN’S®, GREENER BY DESIGN®, IN THE MIXX®, PERFECT PALETTE®, THEN, NOW & FOREVER®, UNDER THE LID®

 

PENDING TRADEMARK APPLICATIONS:

BLOCFIL™, EXQUISITE™ (NON-COATING), PREP-WALL™, SIMPLESAMPLE™, SIMPLESWATCH™, SUMMERTIME-PRO™, TITANIUM-PRO™, DUNN-EDWARDS DURA™, DUNN-EDWARDS DURA+™, DUNN-EDWARDS DURAPRO™, DUNN’S PAINTS SINCE 1925™, DURABLE. BEAUTIFUL. SIMPLE.™

 

The absence of a trademark, service mark, or logo from this list does not constitute a waiver of Dunn-Edwards’ Intellectual Property rights concerning that trademark, service mark, or logo.

 

YOUR CONDUCT

Our Website has tools that may allow you to upload or download Content through our Website and create flyers, letterhead, business forms, legal forms, and other marketing materials and specifications pertaining to Dunn-Edwards products and services and the products and services of others. You agree that you, not Dunn-Edwards, are entirely responsible for, and assume all risks associated with, the uploading, downloading, and/or use of such Content, including without limitation, whether or not to include, and the accuracy of information pertaining to, a contractor’s licensing status and other matters, and compliance with applicable law. This means that you, and not Dunn-Edwards, are entirely responsible for all Content that you upload, download, post, email, or otherwise transmit via our Website. Dunn-Edwards does not warrant or guarantee the accuracy, integrity, or quality of such Content.

 

In addition, you understand that by using our Sites, you may be exposed to third-party Content that is offensive, indecent, objectionable, or even hateful or obscene. Under no circumstances will Dunn-Edwards be liable in any way for any third-party Content, including but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed, or otherwise transmitted via our Sites.

 

Our Sites may from time to time contain Content that includes e-newsletters, blogs, bulletin board services, news groups, forums, communities, calendars, and/or other media designed to enable you to communicate with the public at large or with a group. You agree that when using Content in connection with our Sites, you will display, link, post, send, and receive messages and material that are appropriate and lawful. By way of example, and not as a limitation, you agree that when using Content in connection with our Sites you will not:

 

  • Upload, download, link, display, post, email, or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful, or racially or ethnically inciting.
  • Harm minors in any way.
  • Post untrue, inaccurate, outdated, or incomplete information about yourself or others or impersonate any person or entity, including, but not limited to, a Dunn-Edwards employee, agent, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through our Sites.
  • Upload, download, link, post, email, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, trade secrets, or proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, download, link, post, email, or otherwise transmit any Content that infringes any Intellectual Property or trade secret of any party.
  • Upload, download, link, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that may be expressly designated for such purpose.
  • Upload, download, link, post, email, or otherwise 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.
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of our Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
  • Interfere with or disrupt our Sites or servers or networks connected to our Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to our Sites.
  • Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
  • “Stalk” or otherwise harass another.
  • Collect or store personal data about other users or harvest or otherwise collect information about others, including email addresses, without their consent.

 

You acknowledge that Dunn-Edwards reserves the right (but may elect not) to pre-screen or monitor your or third-party Content. In this regard, Dunn-Edwards and its designees will have the right (but not the obligation) in their sole discretion to refuse your access to or remove any Content that is available via our Sites. Without limiting the foregoing, Dunn-Edwards and its designees will have the right to remove any Content that violates the TOU or is otherwise objectionable.

 

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Dunn-Edwards, submitted to Dunn-Edwards, or in any other parts of our Sites.

 

If you believe that any Content on our Sites violates the TOU, please feel free to contact us at the locations described in the “Contacting Us” paragraph set forth in the TOU. We reserve the right to take or refrain from taking any steps available to us once we receive any such information.

 

YOUR “WE ONLY USE THE BEST” CONDUCT

Notwithstanding anything else in the TOU, if you are a painting contractor or other authorized professional who has registered on our Website and maintains a cash or credit account with Dunn-Edwards, you may use the Dunn-Edwards “We Only Use the Best” logo and/or establish a link from your website or Social Media to our Sites, but only if you comply with the following additional terms and conditions:

 

  • You may not incorporate or include any Dunn-Edwards Intellectual Property (or any Intellectual Property confusingly similar thereto) in your company name or domain name, or in the name of your services.
  • No materials on which the “We Only Use the Best” logo appears, and no website or Social Media that contains a link to our Sites, may (i) be obscene, disparaging, defamatory, or libelous to Dunn-Edwards, any of its products, or any other person or entity; or (ii) directly or indirectly imply Dunn-Edwards’ sponsorship, affiliation, or endorsement of you or your services.
  • The “We Only Use the Best” logo may not be the most prominent visual element on any advertising materials, contracts, or other documents or materials on which it appears. Your company name, trade name, logo, and/or other Intellectual Property, and your graphics, must be significantly larger than the “We Only Use the Best” logo.
  • In using the “We Only Use the Best” logo, you must follow the “We Only Use the Best” style established by the Dunn-Edwards Marketing Department. For questions about this style, please call (888) 337-2468 and ask to speak with someone in Marketing.
  • You must cease all use of the “We Only Use the Best” logo, and terminate any link from your website or Social Media to our Sites, at any time upon Dunn-Edwards’ written request for any reason, or at any time you should cease to maintain a cash or credit account with Dunn-Edwards.

 

OUR COMMITMENT TO ACCESSIBILITY

Dunn-Edwards strives to make the Content and services on our Website as accessible as is practicable in support of the mission of the World Wide Web Consortium’s Web Accessibility Initiative, which is to lead the web to its full potential, including promoting a high degree of usability for people with disabilities. If you have questions or concerns about the accessibility of our services, please use our Contact Us form to send us an email.

 

ERRORS ON OUR SITES

As is indicated in the disclaimer set forth below, Dunn-Edwards does not guarantee that the information contained on our Sites will be free of errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to product descriptions or availability, or to any other matters referenced on our Sites. Dunn-Edwards reserves the right to correct any error, inaccuracy, or omission or to change or update any product descriptions, product specifications, or other information on our Sites at any time without prior notice to you.

 

DISCLAIMER OF WARRANTIES

THE CONTENT ON OUR SITES IS PROVIDED AND USED “AS IS.” DUNN-EDWARDS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO SUCH CONTENT, AND DUNN-EDWARDS SPECIFICALLY DISCLAIMS AND NEGATES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS. DUNN-EDWARDS DOES NOT WARRANT THAT THE USE OF ALL OR ANY PORTION OR FUNCTION OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, DUNN-EDWARDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE CONTENT ON OUR SITES, OR ON ANY WEBSITES OR SOCIAL MEDIA LINKED TO OUR SITES, OR OTHERWISE RELATING TO SUCH CONTENT. ANY SALES TOOLS, BUSINESS FORMS, CONTRACT FORMS, LEGAL INFORMATION OR MATERIALS, E-NEWSLETTERS OR BLOGS, OR OTHER CONTENT THAT ARE INCLUDED ON OUR SITES ARE INCLUDED FOR YOUR CONSIDERATION ONLY, AND NO REPRESENTATION OR RECOMMENDATION IS MADE BY DUNN-EDWARDS OR BY ANY OF ITS AGENTS, EMPLOYEES, OR LAWYERS AS TO THE LEGAL SUFFICIENCY, ACCURACY, OR LEGAL EFFECT OF SUCH CONTENT. ANY PERSON USING OR REVIEWING SUCH CONTENT IS URGED TO SEEK THE ADVICE OF HIS OR HER OWN LEGAL AND OTHER COUNSEL BEFORE USING OR RELYING ON THE SAME.

 

EXCLUSIONS OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER DUNN-EDWARDS THE NOR DUNN-EDWARDS’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AFFILIATES, LAWYERS, SUCCESSORS, OR ASSIGNS (DUNN-EDWARDS AND SUCH OTHER PERSONS ARE, COLLECTIVELY, THE “DUNN-EDWARDS GROUP”) SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON OUR SITES, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SITES, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR SITES. YOUR USE OF OUR SITES IS AT YOUR OWN RISK. IN NO EVENT SHALL ANY OR ALL OF THE DUNN-EDWARDS GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OUR SITES, INCLUDING WITHOUT LIMITATION, YOUR USE OF, DELAYS IN, OR INABILITY TO USE OUR SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DUNN-EDWARDS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE DUNN-EDWARDS GROUP SHALL BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY SECURITY BREACHES WITH RESPECT TO OUR SITES OR SOMEONE ELSE VIEWING OR USING YOUR PASSWORD, YOUR ACCOUNT, YOUR ACCOUNT INFORMATION, OR ANY OTHER INFORMATION ABOUT YOU IN CONNECTION WITH OUR SITES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE AND EITHER WITH OR WITHOUT THE FAULT OF ANY MEMBER OF THE DUNN-EDWARDS GROUP.

 

SOME STATES AND/OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IF ANY EXCLUSION OR LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE DUNN-EDWARDS GROUP SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED.

 

INDEMNIFICATION

YOU SHALL PROMPTLY AND FULLY PROTECT AND DEFEND THE DUNN-EDWARDS GROUP AGAINST ANY DEMANDS, CLAIMS, OR ACTIONS BROUGHT AGAINST ANY OF THE DUNN-EDWARDS GROUP ARISING AS A RESULT OF ANY FEEDBACK FROM YOU, COMMUNICATIONS FROM YOU OR SOMEONE ELSE UNDER YOUR ONLINE ACCOUNT, USER NAME, SECURITY QUESTIONS AND ANSWERS, PASSWORD, EMAIL, OR OTHER PERSONAL INFORMATION OR INFORMATION RELATING TO YOU, USE BY YOU OF OUR SITES, USE, GENERATION, POSTING OR DISPLAYING BY YOU OF ANY CONTENT, OR ANY VIOLATION BY YOU OF THE TOU (INCLUDING WITHOUT LIMITATION, OUR PRIVACY POLICY) (EACH, A “CLAIM”), AND YOU SHALL PROMPTLY AND FULLY INDEMNIFY AND HOLD HARMLESS ALL OF THE DUNN-EDWARDS GROUP FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) RESULTING FROM ANY SUCH CLAIM.

 

RIGHT TO TERMINATE

We have the right to discontinue, suspend, or terminate your account and/or use of our Sites at any time, with or without cause and without any liability to you, including without limitation, any time we determine, in our sole judgment, that you or your use of our Sites may violate the TOU or applicable law.

 

FEEDBACK, CONTENT SUBMISSIONS, AND RIGHTS TO USE

Dunn-Edwards welcomes your feedback regarding Dunn-Edwards products and services and your Content submissions to our Sites in compliance with the TOU. However, subject to our Privacy Policy, any feedback (including ideas, suggestions, or other information) or Content that you provide to us shall be deemed to be non-confidential, and Dunn-Edwards shall be free to use or disclose such information on an unrestricted basis without compensating you in any way, including without limitation, for developing, manufacturing, and marketing products and creating, modifying, or improving our Sites, and you hereby assign all right, title, and interest that you may have in and to such feedback and Content to Dunn-Edwards.

 

Without limiting the foregoing, Dunn-Edwards may use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish, and otherwise make use of your feedback and Content in any and all media, including without limitation on our Sites, throughout the world and for any purpose, without compensation to you of any kind. If any such feedback or Content cannot be solely and exclusively owned by Dunn-Edwards, you hereby grant to Dunn-Edwards an irrevocable, world-wide, fully-paid, royalty-free license to use such feedback and Content as otherwise described in the TOU and for any other purpose.

 

Subject to our Privacy Policy governing personal information, Dunn-Edwards is not responsible for the confidentiality of any information communicated to our Sites, and by providing feedback or Content to our Sites, you waive any privacy expectations and agree that Dunn-Edwards has the right to use it for any purpose, including but not limited to, advertising and promotional purposes, and even if you do not agree with or like the manner in which it is used, commented on, rated, etc. You also agree that Dunn-Edwards shall have no obligation to post, display, or otherwise make publicly available any feedback or Content from you.

 

By providing feedback and Content to Dunn-Edwards and/or to our Sites, you represent and warrant that, except as otherwise specifically disclosed by you to Dunn-Edwards in writing: (i) such feedback and Content comply with all applicable laws, rules, and regulations and do not infringe on any Intellectual Property, or rights of privacy or publicity, of any person, or any other right of any third party; and (ii) you have the full and unrestricted right to transfer your feedback and Content to Dunn-Edwards as described above, free and clear of any claims or encumbrances.

 

CONTACTING US

If you have any questions about our Sites, the TOU, the Privacy Policy, or the TOS, or if you wish to contact Dunn-Edwards for any reason, please call us at (888) DE PAINT® (1-888-337-2468), use our Contact Us form to send us an email, fax us at 323-826-2669, or write to us at:

 

Dunn-Edwards Corporation
Marketing Department
c/o Vice President, Marketing
6119 E. Washington Blvd.
Commerce, CA 90040

Although Dunn-Edwards anticipates that it will in most circumstances receive your communications through one of the contact points provided above, Dunn-Edwards does not guarantee that it will receive all such communications timely and accurately, and it shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that email communications typically are not secure.

 

GENERAL

You agree that the TOU (including, without limitation, our Privacy Policy and any other terms and conditions that we may disclose to you from time to time) and your use of our Sites are governed by the laws of the State of California, USA (without reference to any conflicts of laws principles). You hereby consent to the jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Los Angeles County, California, USA in all disputes arising out of, relating to, or concerning our Sites and/or the TOU.

 

Any claim, dispute, or controversy arising out of, relating to, or concerning our Sites and/or the TOU (including, without limitation, our Privacy Policy) shall be decided by binding arbitration in Los Angeles County, California, USA in accordance with the Rules of the American Arbitration Association, and judgment on any award of the arbitrator(s) may be entered by any court of competent jurisdiction. However, any party may seek preliminary injunctions, temporary restraining orders, or other provisional remedies in any court of appropriate jurisdiction, as provided in California Code of Civil Procedure Section 1281.8.

 

YOU MAY ONLY RESOLVE DISPUTES WITH DUNN-EDWARDS ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS ARE NOT PERMITTED.

 

Dunn-Edwards has endeavored to comply with all legal requirements known to it in creating and maintaining our Sites, but makes no representation that information on our Sites is appropriate or available for use in any particular jurisdiction. Use of our Sites is unauthorized in any jurisdiction where all or any portion of our Sites may violate any legal requirements, and you agree not to access our Sites in any such jurisdiction. You are responsible for compliance with applicable laws.

 

Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the jurisdiction in which you reside and to comply with any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.

 

If any provision of the TOU is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of the TOU shall remain in full force and effect.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dunn-Edwards as a result of the TOU or your use of our Sites.

 

The performance of Dunn-Edwards under the TOU is subject to existing laws and legal process, and nothing contained in the TOU is in derogation of the right of Dunn-Edwards to comply with law enforcement requests or requirements relating to our use of our Sites or information provided to or gathered by Dunn-Edwards with respect to such use.

 

The TOU (including without limitation our Privacy Policy) and any other terms and conditions that we may disclose to you from time to time constitute the entire agreement between you and Dunn-Edwards with respect to our Sites. The TOU supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dunn-Edwards with respect to our Sites or the matters dealt with in the TOU.

 

Any alleged waiver by Dunn-Edwards of any breach of the TOU shall not be deemed to be a waiver of any future breach.

 

A printed version of the TOU and/or of any notice given by Dunn-Edwards in electronic form shall be admissible in judicial or administrative proceedings based upon or related to the TOU or your/our use of our Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Dunn-Edwards in printed form.

 

The TOU was last modified and is effective as of October 5, 2022.

 

Dunn-Edwards Corporation, 2022. All Rights Reserved.