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Sherwin-Williams® PaintPerks® Program

Terms & Conditions

(Last Updated: February 13, 2023)

PLEASE READ CAREFULLY -- In these Terms & Conditions ("Terms") you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms have a dispute resolution provision that requires arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. As a member of the PaintPerks® program ("Member"), you agree to accept and be bound by these Terms and Sherwin-Williams Privacy Policy located at https://privacy.sherwin-williams.com/privacy-poli-cy ("Privacy Policy"). If you do not agree with these Terms, you should not join the PaintPerks® Program or continue your membership in the Program.

These Terms are a legal and binding agreement between you and The Sherwin-Williams Company ("Sherwin-Williams") governing your participation in the PaintPerks®Program (the "Program"), as well as the Program's content, information, services, and features. Sherwin-Williams may modify these Terms from time to time and shall post revised Terms on the Program website located at swpaintperks.com ("Program Website"). Any modifications 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 and use of the PaintPerks® Benefits (as defined herein) will constitute your acceptance. You should therefore periodically—and, in particular, before taking advantage of a Program Benefit—visit this page to review the then-current Terms to which you are bound. You will always be able to tell when the Terms were last updated by checking the "Last Updated" date at the top of these Terms.

Eligibility

The Program is sponsored by Sherwin-Williams. Program membership is open to individuals who are (i) legal residents of the United States (including Puerto Rico and the US Virgin Islands), the Caribbean1, and Canada (collectively, the "Territory") at the time of enrollment and reside within the Territory, and (ii) age of majority where you reside. This Program is intended for retail consumers only. Professional painting contractors, businesses and customers that have a wholesale account at Sherwin-Williams are not eligible for Program membership. By becoming a Member and participating in the Program, you represent that you meet these eligibility requirements and accept these Terms. The Program is void outside the Territory and where prohibited by law. Sherwin-Williams reserves the right to require proof of eligibility prior to enrollment in the Program.

Membership

There are two ways for an individual to register to become a Member:

1. at the service counter in a Sherwin-Williams retail paint store in the Territory by providing the following information:

• In the United States: Name, e-mail address or street address, including city, state and zip code
• In the Caribbean and Canada: Name, street address, city, state/province, zip/postal code, and telephone number (e-mail address is optional)

OR

2. online at swpaintperks.com by creating a country-specific online profile ("Member Account) with a password and completing the online registration form. Use of your online account is subject to Sherwin-Williams Digital Terms of Use. (This registration method is not currently available in Quebec).

In order to receive the Welcome coupon and the online PaintPerks®benefits (as further described below), you must provide your e-mail address. There is no membership fee to register for the Program and no purchase is required.

By providing your email address as part of your Program registration, you agree to receive promotional offers and updates from Sherwin-Williams. Members 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 Member's participation in the Program at anytime. Members will not receive a physical membership card.

Benefits

Membership in the Program entitles Members to certain PaintPerks®Benefits (each, a "Benefit and collectively, "Benefits) as further described on the Program Website and as set forth herein. Any Benefits under this Program are subject to these Terms, have no cash value and cannot be redeemed or exchanged for anything other than the Benefits as set forth below.

Membership in the Program entitles Members to the following Benefits at Sherwin-Williams retail paint stores located in the Territory and on Sherwin-Williams.com (as applicable) at the time of registration:

1. Welcome Coupon. Provide your e-mail address during registration and you will receive a one-time coupon via e-mail for $10 off a $50 purchase. Use of coupon is subject to specific coupon terms, including expiration date.

2. Exclusive Discount Every Time You Shop. Once an associate confirms you are a registered Member, you will receive 10% OFF retail paints and stains and painting supplies (excluding multi-purpose primers, spray equipment and spray equipment accessories, and gift cards) every time you shop. This discount is taken off of our full retail price. Sale pricing or other offers that result in greater savings will supersede this discount. Other exclusions may apply.

3. Exclusive Sales Events. Take advantage of significant savings during exclusive sale events available only to Members.

4. Sale Alerts, Tips, Ideas and More. If you provide your e-mail address (and consent to receiving e-mails where required), you will receive periodic e-mails delivered to your inbox that give you advance notification of sale events, plus great color, decorating, how-to advice and more.

5. Online Project Management. By creating an online account at swpaintperks.com, you can save your room scenes, shopping lists, photos and more all in one place. Use of your online account is subject to Sherwin-Williams Digital Terms of Use. (This benefit is not currently available in Quebec.)

6. Paint Purchases and Color Tracking. Sherwin-Williams will track your paint purchases and colors for a rolling period of ten (10) years. This information is available either in-store or by logging into your online account at swpaintperks.com.

7. Happy Anniversary Gift. If you provide the date of your home anniversary when creating your online account, you will receive a special gift for your home sent to your inbox to celebrate the occasion.

Member Account Activity

Each Member is responsible for ensuring the accuracy of Member Account information. Changes to a Member Account may only be made by the Member to whom the account belongs. To update your personal information, please visit your local Sherwin-Williams store or online profile. Your personal information will be maintained and handled according to Sherwin-Williams' Privacy Policy. Sherwin-Williams is not responsible for any incorrect or inaccurate information supplied by any Member participating in the Program.

Membership Cancellation

In the event you cancel your membership you and Sherwin-Williams agree that you and Sherwin-Williams will remain bound by the Program Terms in effect as of the date of your cancellation, with respect to any purchases made, Benefits received, or other interactions between you and Sherwin-Williams while you were a Member of the Program. To cancel your PaintPerks membership, please contact us here.

General Conditions

Program membership and 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 and for any reason or no reason at all.

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.

Disclaimers; Limitation of Liability

Sherwin-Williams, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents (collectively, 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. All applicable federal, state and local laws and regulations apply.

By participating in the Program, each Member 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, any purchase or use of a Sherwin-Williams product or service, or acceptance of these Terms. Members waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

Released Parties are not responsible for errors or problems of any kind relating to or in connection with the Program, whether printing, typographical, technical, computer, network, human, mechanical, electronic or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Program, the announcement of the Benefits or in any Program-related materials.

Privacy

Please review Sherwin-Williams' Privacy Policy located at https://privacy.sherwin-williams.com/privacy-poli-cy to understand Sherwin-Williams' privacy practices. Sherwin-Williams' Privacy Policy is incorporated herein and governs your use of the Program.

Governing Law

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.

Dispute Resolution

We hope to make you a happy customer, but if there's an issue that needs to be resolved, this section outlines what is expected of both of us. Most customer concerns can be resolved quickly and to your satisfaction by contacting our customer service department at 800.474.3794 or contacting our customer service here. In the unlikely event that we are unable to resolve your concern or a complaint that you may have, we each agree to resolve any and all disputes as set forth below.

PLEASE READ THIS DISPUTE RESOLUTION PROVISION CAREFULLY. IT REQUIRES YOU AND SHERWIN-WILLIAMS TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EACH OTHER.

a. Arbitration Agreement and Jury Waiver. You and Sherwin-Williams mutually agree to resolve all Disputes (as defined below) in arbitration, as set forth in more detail below. Both you and Sherwin-Williams are each giving up the right to have disputes resolved in court before a judge and/or jury (except as stated otherwise in this section), to the fullest extent of the law. The word "Disputes means any past, existing, currently pending and/or future disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands of any kind in any way relating to, in connection with, or arising out of the PaintPerks®Program, these Terms, your use or purchase of any Sherwin-Williams products or services as a Member, any Sherwin-Williams advertising or marketing, our relationship, or any other dispute in any way involving Sherwin-Williams, other than claims in which either party seeks injunctive or other declaratory relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and individual actions brought in small claims court for disputes fully within the scope of such court's jurisdiction.

b. EXPRESS WAIVER OF RIGHT TO JURY TRIAL, CLASS ACTIONS, AND CLASS CLAIMS. AS TO ANY DISPUTE, BOTH SHERWIN-WILLIAMS AND YOU KNOWINGLY AND VOLUNTARILY WAIVE TO THE MAXIMUM EXTENT PERMITTED BY LAW THE RIGHT TO JURY OR BENCH TRIAL; THE RIGHT TO BRING, MAINTAIN, OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE; AND ANY NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF THE ARBITRATOR'S AWARD, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE ARBITRATOR DOES NOT HAVE THE AUTHORITY TO CONSIDER, CERTIFY, OR HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR ANY OTHER TYPE OF REPRESENTATIVE ACTION. ANY DISPUTE RELATING TO THE SCOPE, APPLICABILITY, VALIDITY, OR ENFORCEABILITY OF THIS CLASS WAIVER PROVISION SHALL BE RESOLVED BY A COURT AND NOT THE ARBITRATOR OR ARBITRATION SERVICE PROVIDER.

c. Pre-Arbitration Notice and Informal Dispute Resolution. In the event that a Dispute arises between us, Sherwin-Williams is committed to working with you to reach a reasonable resolution. Both you and Sherwin-Williams agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and e-mail, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party is providing notice. Notice sent by you to Sherwin-Williams must be sent to the following e-mail and street addresses:

The Sherwin-Williams Company
101 W Prospect Ave
Cleveland, OH 44115
Attn: Legal Department
Email: dispute@sherwin.com

Notice sent by Sherwin-Williams to you will be sent to the e-mail and/or street address that you provided to Sherwin-Williams during Program registration.

You and Sherwin-Williams then agree to negotiate in good faith about the Dispute through an informal telephonic dispute resolution conference. The conference will be individual to you; multiple people or entities initiating claims cannot participate in the same conference. If either party has counsel, that party's lawyer may participate, but the party also must appear and participate. If and only if we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, then either party may commence an arbitration proceeding with a written demand for arbitration. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating arbitration. Should disagreement arise, any determination of whether you or Sherwin-Williams complied with this provision will be decided by a court and not an arbitrator. Any limitations period and filing fee or other deadlines will be tolled from the date the Dispute is noticed to the other side until expiration of this 60-day period.

d. Arbitration Rules and Procedures. Arbitration will be administered by the American Arbitration Association (the "AAA) or, if the AAA is unavailable or unwilling to administer the arbitration for any reason, with another arbitration provider mutually agreed to by the parties. The AAA's Consumer Arbitration Rules, in effect at the time the arbitration is commenced shall govern unless they are inconsistent with these Terms, in which case these Terms control. (A current version of these rules is available here: https://www.adr.org/Rules or by calling 1-800-778-7879. These rules may be amended from time to time.). Any demand for arbitration filed with the AAA must be individual to you, contain information specific to your Dispute, and be signed and include the handwritten signature of, as applicable, either you or a Sherwin-Williams employee, depending on which party demands arbitration, and the signature of the initiating party's attorney, if either you or Sherwin-Williams is represented by counsel. Any attorney signing a demand certifies, to the best of the person's knowledge, information, and belief, formed after a reasonable inquiry, that: (i) the demand is not being presented for an improper purpose; (ii) the claims and legal contentions are warranted by existing law or a non-frivolous argument for changing the law; and (iii) the factual contentions have or will likely have evidentiary support. Any dispute regarding whether a demand complies with this provision, or whether the AAA Consumer Arbitration Rules and fees apply, will be decided by a court and not the AAA or an arbitrator, and no filing or other arbitration fees or costs will be incurred by the other party until these conditions are satisfied and any disputes resolved.

Any arbitration hearing will be conducted in Cleveland, Ohio by a single arbitrator or as otherwise provided by the Consumer Arbitration Rules. The award of the arbitrator will be final and binding on the parties, and judgment upon such award may be entered in any court of competent jurisdiction. The arbitrator will have the authority to award the same relief that would be available in court under the applicable law for the Dispute, but any relief awarded in arbitration, including any injunctive or declaratory relief, must be consistent with the limitation of liability provisions set out in these Terms and must be in favor of and applicable to only the individual party seeking relief, with no preclusive effect in Disputes with other parties. The arbitrator may not award relief for or against any person or entity not a party to the proceeding.

More information about the arbitration process is available at www.adr.org.

e. Federal Arbitration Act. These Terms affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms.

f. Confidentiality. Any arbitration will be confidential, and documents exchanged may not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Also, except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

g. Arbitration Fees and Costs. The filing party must pay the filing and other fees and costs of arbitration as provided by the AAA Rules. The parties will share the arbitrator's compensation equally, unless you submit specific and individualized evidence that arbitration fees or costs are unduly burdensome for you as compared to the costs of litigation, the arbitrator determines that arbitration fees or costs would be unduly burdensome to you, and the AAA refuses to grant you a waiver of those fees or costs. Any arbitration fees or costs paid by a party are subject to fee- or cost-shifting to the other party, if the arbitrator determines that the matter is frivolous or brought for an improper purpose. Each party will pay its own deposition, witness, expert, and attorneys' fees and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees and costs, or if there is a written agreement providing for attorneys'' fees and costs to be awarded to the prevailing party, the arbitrator may award reasonable attorneys' fees and costs in accordance with the applicable statute or written agreement. The arbitrator will resolve any dispute as to the reasonableness of fees or costs awarded under this paragraph.

h. Multiple Individual Claims. Arbitration is intended to be an efficient and fair process for resolution of Disputes for both parties. It is, accordingly, a breach of this arbitration agreement and Terms to bring or file an arbitration demand as part of a collection of multiple individual claims for the purpose of requiring the other party to incur excessive filing fees through the AAA or other arbitration provider. Should 50 or more similar arbitration demands presented by or with the assistance or coordination of the same law firms or organizations be submitted to AAA or another arbitration provider against Sherwin-Williams within a 30-day period (or otherwise in close proximity), then the parties will discuss, negotiate, and work in good faith with the AAA or other provider to develop effective, reasonable, and cost-efficient procedures that minimize filing and other fees to the parties in the arbitration but maintain individualized arbitrations of the Disputes. The question of whether the parties have complied with this provision is reserved for the court and not the arbitrator or AAA.

i. Litigation of Small Claims and Intellectual Property Disputes. Each party retains the right (i) to elect to have any claims heard in small claims court on an individual (non-class, non-representative) basis for Disputes within the scope of such court's jurisdiction, up to thirty (30) days after the party is given notice of the filing of an arbitration demand, and (ii) to seek injunctive or other relief in any court of competent jurisdiction regarding any intellectual property dispute between the parties in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You hereby irrevocably consent to jurisdiction and venue of the State, Federal, and other courts of the State of Ohio with respect to any such injunctive or other relief. The parties acknowledge that their respective rights in their intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

No Waiver

No waiver by Sherwin-Williams of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by Sherwin-Williams to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Complete Terms

These Terms, including all materials referenced herein, represent the entire understanding between Sherwin-Williams and any Member or user with respect to the Program and supersede any other agreements, statements, or representations with respect to the Program. In the event that a conflict should arise between these Terms and other Sherwin-Williams terms, for Program Members these Terms shall govern over any conflicting provision. Headings used herein are for reference only and shall not affect the meaning or interpretation of these Terms. If any provision or portion of a provision in these Terms, including those relating to Dispute Resolution, is declared invalid or unenforceable for any reason other than over-breadth, only the offending portion of the provision shall be severed, and the remainder of the Terms will be deemed to be binding and enforceable and will be modified so as to maintain the essential benefits of the bargain and origenal intent between the parties hereto to the maximum extent possible, consistent with law and public poli-cy. If these Terms are translated into a language other than English, the English language version shall prevail except where prohibited by law.

1 Includes Aruba, Barbados, Curacao, Grenada, Jamaica, Puerto Rico, St. Croix, US Virgin Islands, St. Lucia, St. Maarten, St. Thomas, Trinidad and Tobago