Triflow | Terms and Conditions

Use of this site (“Site”) is subject to these Terms of Use and our Privacy Policy which collectively constitute a legal agreement among you, The Sherwin-Williams Company and its affiliates(s) (“Sherwin-Williams”).  By using this Site, you acknowledge you have read, understand and agree that you and any legal entity for whom you are ordering products and agree to be bound by these Terms of Use, and the Privacy Policy. Please review them prior to viewing this Site.  If you do not agree with the terms thereof, please do not use this Site.

The following are terms of an agreement between you and Sherwin-Williams. By accessing, browsing and/or using this Site you agree to comply with all applicable laws and regulations in relation to your use of the Products ordered through this Site. If you do not agree with the same, do not access, browse or use this Site.  This Site is controlled and operated by Sherwin-Williams from its corporate offices in Cleveland, Ohio USA. Sherwin-Williams makes no representation or warranty that any of the materials contained in this Site are appropriate or available for use in other locations or that access to such materials from locations outside the United States is permitted.  Persons who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.  Any claim relating to, and the use of, this Site and the materials referred to herein shall be governed by and construed in accordance with the laws of the State of Ohio, U.S.A.

Ownership of Materials and Copyright

All content contained in this Site, including, but not limited to, information, editorial materials, photographs, descriptions, illustrations, names, logos, trademarks, service marks, graphic materials, photographs, button icons, images, audio and video clips, digital downloads, data compilations and software (collectively, “Materials”) is owned by Sherwin-Williams or its subsidiaries.  All Materials are copyrighted and are protected by various copyright laws and international treaties.  None of the Materials 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.

License and Site Access

Sherwin-Williams grants you a limited license to access this Site but not to download (other than page caching) or modify the Site, or any portion thereof, except with the express written consent of Sherwin-Williams.  This license does not include any resale or commercial use of this Site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written consent of Sherwin-Williams.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sherwin-Williams and its subsidiaries without express written consent.  You may not use any meta tags or any other “hidden text” utilizing the name or trademarks of Sherwin-Williams or its subsidiaries without the express written consent of Sherwin-Williams.  Sherwin-Williams may revoke the rights granted in these Terms of Use at any time without prior notice. Any rights granted to you hereunder shall terminate automatically without notice in the event of any unauthorized use by you of this Site by you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Sherwin-Williams, its subsidiaries, its products or services, or this Site, in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any logo or other proprietary graphic or trademark of Sherwin-Williams or its subsidiaries as part of the link without express written permission.

Trademarks

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

DISCLAIMER OF WARRANTY

THE MATERIALS ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. 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 REGARDING THE MATERIALS OR THIS SITE. SHERWIN-WILLIAMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS OR ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SHERWIN-WILLIAMS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS OR THE SITE 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. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

Links to Non-Sherwin-Williams Sites

This Site may contain links to web sites owned or operated by parties other than Sherwin-Williams.  Such links are provided for your reference only.  Sherwin-Williams does not control outside sites and is not responsible for their content.  The inclusion by Sherwin-Williams of links to an outside site does not imply any endorsement of the materials on such site. Sherwin-Williams reserves the right to terminate any link or linking program at any time. If you decide to access any third party site linked to this Site, you do so entirely at your own risk.

User Submissions

You agree that any material, information or other communication (“Submission”) you transmit or post to this Site is non-confidential and non-proprietary. You further agree that Sherwin-Williams and any of its designees are free to copy, disclose, distribute, incorporate and otherwise use the Submission, or any part thereof, and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes without obligation to you. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that may be considered offensive or that would otherwise violate any law.

Disputes

You agree that any dispute relating in any way to your visit to this Site or to products you may purchase through this Site shall be submitted to arbitration in Cleveland, Ohio except that, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Sherwin-Williams or its subsidiaries, Sherwin-Williams may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator's award shall be binding and may be entered as judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Revisions

Sherwin-Williams may at any time revise these Terms of Use or  the Privacy Policy.  By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Employment Information

Sherwin-Williams may make certain employment information available through this Site.  Sherwin-Williams is an equal opportunity employer.  The Company seeks and employs the best qualified people available without discriminating on the basis of race, religion, color, gender, national origin, age, disability, status as a special disabled veteran of the Vietnam era or any other consideration made unlawful by federal, state or local law.