(As of April 1, 2014)
The Preferred Customer Program (the "Program") with PaintPerks™ benefits is sponsored by The Sherwin-Williams Company ("Sherwin-Williams"). Program membership is open to individuals that are (i) legal residents of the United States (including Puerto Rico and the US Virgin Islands), the Caribbean1, and Canada (collectively, the "Territory"), and (ii) 18 years of age or older. This Program is intended for retail consumers. Professional painting contractors, businesses and customers that have a wholesale account at Sherwin-Williams are not eligible for Program membership. By becoming a Preferred Customer and participating in the Program, you represent that you meet these eligibility requirements and accept these Program Terms and Conditions (these "Terms"). The Program is void where prohibited by law.
There are two ways for an individual to register to become a Preferred Customer:
You must provide the following information to register to become a Preferred Customer:
Membership in the Program entitles you to the PaintPerks™ benefits outlined below at Sherwin-Williams retail paint stores located in the Territory. By registering for the Program, you agree to receive promotional offers and updates by postal mail, telephone, and e-mail (if you provide your e-mail address) from Sherwin-Williams. Preferred Customers may unsubscribe from Sherwin-Williams promotional offers sent by e-mail at any time via the unsubscribe link in e-mails or online at swpaintperks.com.
Your membership is for individual use only, non-transferable, and subject to present and future Program Terms. Sherwin-Williams reserves the right to revoke a Preferred Customer's participation in the Program at anytime. Preferred Customers will not receive a physical membership card.
Membership in the Program entitles Preferred Customers to the following PaintPerks™ benefits from the date of registration:
Program membership and its benefits are offered at the discretion of Sherwin-Williams. Sherwin-Williams reserves the right, without limitation, to terminate, change, limit, modify, or cancel the Program or any Program rules, benefits, or conditions at any time, with or without notice. Sherwin-Williams shall post revised Terms on the Program website located at swpaintperks.com. Any change shall take effect immediately, unless otherwise provided. You waive any right you may have to receive specific notice of such changes, and your continued participation in the Program will constitute your acceptance. You should therefore periodically visit this page to review the then-current Terms to which you are bound.
Abuse of the Program, including failure to follow the Terms, any misrepresentation of fact relating thereto, or any other improper conduct as determined by Sherwin-Williams in its sole judgment may result in disqualification from Program participation. Sherwin-Williams in its sole discretion may prosecute abuse of the Program to the fullest extent of the law.
Sherwin-Williams, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program or Program membership.
By participating in the Program, each Preferred Customer hereby releases the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorneys' fees) relating to that individual's participation in the Program or acceptance of these Terms. Preferred Customers waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
These Terms, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without regard to conflict of law principles.
Any controversy or claim arising out of or relating to these Terms (including any breach thereof) or the Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Sherwin-Williams from seeking any injunctive relief in state, federal or provincial courts for protection of its intellectual property rights (including such rights of its respective licensors).
These Terms, including all materials referenced herein, represent the entire understanding between Sherwin-Williams and any Preferred Customer or user with respect to the Program and supersede any other agreements, statements, or representations. Headings used herein are for reference only and shall not affect the meaning or interpretation of these Terms. If these Terms are translated into a language other than English, the English language version shall prevail.
1 Includes Aruba, Curacao, St. Maarten, Trinidad and Tobago and Grenada
2 Beginning April 30, 2014 for Sherwin-Williams stores located in Puerto Rico, the US Virgin Islands, the Caribbean and Canada