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Welcome to anvilpaints.com! Terms and Conditions
We have adopted the following Terms of Service, which apply to everyone who accesses and uses our website. We reserve the right to change the Terms of Service without notice. A current version of the Terms of Service is always available on this page, and you should check this page regularly for changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE. PLEASE DO NOT USE OUR WEBSITE IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE.
This website is owned and operated by Anvil Paints & Coatings, Inc. Whenever we refer to "we," "our," "us" or "anvilpaints.com" in these Terms of Service, we are including Anvil Paints & Coatings, Inc. and its affiliates.
INTELLECTUAL PROPERTY
All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any product or services we offer (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are owned by Anvil Paints & Coatings, Inc., its affiliates or third parties who have given us permission to use it.
You may download one copy of the Content to any single computer for your personal use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works from the Content.
You may only use the Content and the Intellectual Property, access our website and use any services we provide through our website as expressly permitted in these Terms of Service and for no other purposes.
If you are authorized to act on behalf of a copyright owner, and any material on our website infringes on the rights of the owner, please notify
Anvil Paints & Coatings, Inc.
Attn: Legal Department -- Copyright
1255 Starkey Road
Largo, Florida 33771
727-535-1411, 727-535-1413 (fax)
To be effective, your notification must provide us with information that meets the requirements of the U.S. Copyright Act, which are summarized as follows:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A detailed identification of the copyrighted work or works claimed to have been infringed;
- Information sufficient to permit us to locate the allegedly infringing material;
- Information sufficient to permit us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- Your sworn statement that the information in your notification is accurate; and
- Your sworn statement that you are authorized to act on behalf of the copyright owner of the allegedly infringing material.
PROVISION OF INFORMATION THROUGH OUR WEBSITE
The content on our website is designed to promote our products and services only in the 48 contiguous United States and the District of Columbia (together, our "Trade Area"). We invite only residents of our Trade Area to submit information to us through our website. By submitting information to us through our website, you warrant that:
- You are at least 18 years old;
- You are a resident of our Service Area; and
- You are providing accurate and current information about yourself.
Anvil Paints will hold you fully liable in all claims and losses resulting from your use or misuse of the website, including, but not limited to any activity related to account information (user name, password, financial data, etc.).
INTERACTIVE SERVICES
We may provide an opportunity for users to exchange information, ideas and opinions on our website. Information, ideas and opinions posted by users do not necessarily reflect the views of Anvil Paints & Coatings, Inc. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users.
You authorize us to use and publish any materials that you post on this website in any manner we choose and without any obligation to compensate you or anyone else.
If you post any materials on our website, you will not:
- Harass, defame, intimidate or threaten another user;
- Interfere with another user's rights to privacy;
- Distribute chain letters, surveys or contests;
- Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business);
- Post any material that is obscene or indecent;
- Post any trademarks, logos or copyrighted material without the authorization of the owner;
- Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or
- Advertise or sell any goods or services.
- PASSWORDS.
You are responsible for the security of Your login ID and password ("Identifications") for the Website. You agree that any person using Your Identification issued for the Website will be treated by Anvil Paints & Coatings, Inc. as having been authorized by You to access Your information as contained on the Website, and take any other actions on Your behalf. You will indemnify and hold harmless Anvil Paints & Coatings, Inc. and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using an Identification.
USER RESPONSIBILITY.
The USER assumes all responsibility for use of the Anvil Paints & Coatings Web Site. The USER waives all claims against Anvil Paints & Coatings, Inc., its parent, affiliates, officers, agents, employees, licensors and service providers that may arise from the utilization of the Anvil Paint Web Site.
RECOMMENDED BROWSER VERSIONS.
1. Recommended Browsers
For optimal performance and appearance, we recommend using Internet Explorer 5.5, or later. You can download the latest version of Internet Explorer at www.microsoft.com/windows/ie/.
We also support Netscape Navigator 4.73 or later, and Internet Explorer 4.0, Service Pack 2, although you may encounter problems with page appearance and layout using these browsers. Netscape Navigator 4.7 and Internet Explorer 4.0 support only English and Western-European languages.
LINKS TO THIRD-PARTY WEBSITES
Our website may provide you with links to third-party websites. We have no control over the content of third-party websites or the services and products available from third-party websites. We are not liable for any direct or indirect damages or losses caused by your use of third-party websites. You assume full responsibility when you choose to follow any links on this website that lead to third-party websites.
PRIVACY
Our use of any personal information you provide us through our website will be governed by our Privacy Policy. You may view our current Privacy Policy at www.anvilpaints.com/privacy/privacy_policy.html.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Anvil Paints & Coatings, Inc. and its parents, affiliates, officers, agents, employees, licensors and service providers from any and all claims, liability and expenses, including attorneys' fees, whether in tort, contract or otherwise, relating to or arising out of your breach of these Terms of Service, applicable law or any right of Anvil Paints & Coatings, Inc., its parents, affiliates or any third party.
TERMINATION
We may terminate your right to use our website at any time and without notice. We will terminate your right to use our website if you violate any of these Terms of Service or any other policy posted on our website, or if we become aware that you are a copyright infringer.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF ANVILPAINTS.COM IS AT YOUR SOLE RISK. THE CONTENT OF ANVILPAINTS.COM AND ANY GOODS AND SERVICES YOU ACQUIRE FROM ANVILPAINTS.COM ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WE MAKE NO WARRANTY THAT THE CONTENT OF THE WEBSITE IS ERROR-FREE AND TIMELY WITH ALL UPDATES.
WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING THOSE RESULTING FROM THE USE OF OR THE INABILITY TO USE ANVILPAINTS.COM, FROM GOODS OR SERVICES ACQUIRED THROUGH ANVILPAINTS.COM OR FROM ANY CONTENT POSTED ON ANVILPAINTS.COM BY US OR ANYONE ELSE. WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENERAL
These Terms of Service are the entire agreement between Anvil Paints & Coatings, Inc. and you in connection with your use of this website. These Terms of Service are governed by and interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to their principles of conflicts of law. Any action to enforce these Terms of Service will be brought in the federal courts located in the Tampa District or in the Tampa District courts. You consent to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service. Any part of these Terms of Service found to be invalid or unenforceable by a court of competent jurisdiction will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable parts of this Agreement will remain binding upon the parties. By choosing to access our website from any location other than our Trade Area, you accept full responsibility for compliance with all local laws. You are also subject to any United States export controls and are responsible for any violations of United States applicable embargoes or other federal rules and regulations restricting exports.
We may change these Terms of Service from time to time by posting revised Terms of Service on this website, without notice to you. Your subsequent use of this website will be governed by the new Terms of Service. Any questions about the Terms of Service should be directed to legal@anvilpaints.com.
Effective Date: January 29, 2009 |
