Terms of Use

A.      Important Legal Information

1.    Welcome. We, together with our subsidiaries and affiliates, offer this website to you subject to the following terms and conditions ("Terms"). Your use of this website shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this website. If you have any questions about these terms, please contact us.

 

B.    Intellectual Property Information

1.    The materials on this website are Copyright 2014 by our company and all rights are reserved. Elements of this website (e.g., the design or layout of this website) are protected by trade dress, trademark, unfair competition and other laws and may not be reproduced, duplicated, copied, imitated, sold or otherwise exploited in whole or in part for any purpose that is not expressly permitted by us. No logo, graphic, sound or image from this website may be copied or retransmitted unless we have granted you express written permission. Please note that any products, processes or technologies described in these materials may be the subject of other intellectual property rights reserved by us and are not licensed hereunder.

2.    You are hereby authorized to view, copy, print and distribute these materials subject to the following conditions:

2.1          The materials may be used (a) for use in the purchase and sale of products referred to at this website by prospective customers for the benefit of us as contemplated by or in accordance with this website; or (b) for informational, personal or non-commercial purposes only.

2.2          Any copy of these materials or any portion thereof must include our copyright notice.

Materials from this website may not be copied or posted on any network computer or broadcast in any media.

2.3          No modifications of any materials may be made outside or beyond these specific purposes.

2.4          We may revoke or modify any of the foregoing rights at any time.

3.    Use of materials from this website for any other purpose is expressly prohibited. (U.S. Government Users — Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.)

4.    Certain trademarks and logos on this site are our trademarks or registered trademarks. Other product names mentioned herein may include the trademarks of their respective owners.

 

C.    Disclaimer of Warranties

1.    THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This information could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. We may make improvements and/or changes in the products and/or the programs described in this material at any time. Moreover, the data on this website represent typical values for the products mentioned herein. Since application variables are a major factor in product performance, this information should serve only as a general guide. We assume no obligation or liability for use of this information. UNLESS WE AGREE OTHERWISE IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR FREEDOM FROM PATENT INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Your only remedy for any product defect, nonconformity or performance issue is the replacement of the affected product, or a refund of its purchase price, at our option. Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

2.    Additionally, we make no representations or warranties whatsoever about any other website that you may choose to access through this website. Links provided by us to such websites are provided solely for your convenience and should not be deemed to imply that we endorse those websites or any content therein. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

 

D.    Product Availability and Pricing

1.    The prices and availability of products on this website may change without notice to you at any time in our sole discretion. We shall have the right to refuse or cancel any orders placed for product listed at an incorrect price. We shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the charge. Unless we agree otherwise in writing, the Terms and Conditions of Sale shall govern all sales of products and services by us as “Seller.” With respect to sales by one of our subsidiaries in The Netherlands, the Uniform Terms and Conditions of Sale Netherlands shall govern all such sales of products and services.

 

E.    Suppliers and Vendors

1.    Unless we agree otherwise in writing, the Standard Purchase Terms and Conditions shall govern the purchase of all products and services by us as “Buyer.”

 

F.    Submitting your Information

1.    Please see our privacy policy for general information. We DO NOT want to receive confidential or proprietary information from you through our website. Any information or materials that we receive through our website, other than your personally identifiable information, as explained in our privacy policy, will be deemed to be NON-CONFIDENTIAL. By transmitting to us information or materials via this website or otherwise through electronic means, you grant to us an unrestricted, irrevocable license to use, reproduce, display, modify, perform, transmit and distribute such information or materials, and you also agree that we are free to use the information or materials, including any ideas, know-how, concepts or techniques contained therein free of charge for any purpose whatsoever.

 

G.   Intellectual Property Rights of Others

1.    We respect the intellectual property rights of others and request that our visitors do the same. If you think your work or trademark has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:

Copyright and Trademark Counsel

901 Third Avenue South, Minneapolis, MN 55402

1.800.825.7727

1.612.486.7979

trademarks@valspar.com

2.    Please include all of the following in your notification:

2.1.         A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;

2.2.         A description of the work or trademark you claim has been infringed;

2.3.         A description of where the material you claim is infringing is located on the site, including a URL to the page containing the material;

2.4.         Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;

2.5.         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law; and

2.6.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright or trademark owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

3.    If you believe that copyrighted content has been taken down improperly from our website or that access to material was improperly disabled, you may send a counter-notification to the agent identified above. Such counter-notification must contain the following information:

3.1.         Your physical or electronic signature, or that of an authorized representative;

3.2.         A description of the material that you claim has been improperly removed or to which you believe access has been improperly disabled, and the location at which the material appeared before it was removed or access was disabled;

3.3.         A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

3.4.         Your name, address and telephone number, and a statement that (i) you consent to the jurisdiction of the federal district court for the judicial district in which such address is located or, if your address is outside of the United States, to any judicial district in which we may be found, and (ii) you will accept service of process from the claimant who provided our designated agent with notification of the alleged infringement or an agent of such person. 

 

H.   Miscellaneous

1.    We control and operate this website from our headquarters in the United States of America and make no representation that the materials are appropriate or will be available for use in other locations. Information we publish on the World Wide Web may contain references or cross references to our products and services that are not announced or available in your country. Such references do not imply that we intend to announce such products or services in your country. Consult your local business contact for information regarding the products and services that may be available to you. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies or other entities located in the United States. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

2.   The materials on this website are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the website, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

3.    Any action related to these Terms will be governed by the law of the State of Minnesota, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located in the State of Minnesota, for the resolution of all disputes arising from or related to these Terms and/or your use of the website.

4.    We may revise these Terms at any time without notice by updating this posting. Your continued use of the website after such modifications have been made will constitute your acceptance of such revised Terms. This website may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.