ACA Terms of Service

Overview

The paint.org website,    including the mobile and desktop versions thereof, (also referred to herein as the “site”) is operated by American Coatings Association (herein referred to as “ACA”), a voluntary, nonprofit trade association working to advance the needs of the paint and coatings industry and the professionals who work in it. Throughout the site, the terms “we”, “us” and “our” refer to ACA.  ACA offers this website, including all information, tools and services available from this site (the “Services(s)”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Your use of our website, mobile websites, microsites, mobile applications, ACA profiles on social media sites and/or any other digital services or properties operated or used by ACA  from time to time (collectively referred to as the “Sites”) constitutes acceptance of our terms of use as set forth in this agreement (the “Terms” or “Agreement”). These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you disagree with any of the below terms, exit the ACA Shop immediately.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Section 1: License and Proprietary Rights

Subject to your continued compliance with the express terms and conditions of this Agreement, ACA provides to you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Site on your laptop, computer, mobile device, or other internet compatible device, and make single copies or prints of the content available therefrom for your personal use only. The content layout, formatting, and features of and access privileges for the Site shall be as specified by ACA in its sole discretion.

This Agreement provides only a limited license to access and use the Site(s) in accordance with the Terms of this Agreement. Accordingly, you hereby agree that ACA transfers no ownership or intellectual property interest or title in and to the Site(s) or any ACA intellectual property to you or anyone else in connection with your use of the Site(s). All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site(s) is exclusively owned, controlled, and/or licensed by ACA or its licensors. Except as expressly provided herein, ACA does not grant any other express or implied right to you or any other person under any applicable laws regarding intellectual or proprietary rights. Accordingly, your unauthorized use of the Site(s) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Site(s) and its contents are Copyright © American Coatings Association, Inc. and/or its licensors. All rights reserved. ACA also owns a copyright in the contents of the Site(s) as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site(s). ACA, the ACA logo, and all other marks identifying ACA’s products, events, programs, or solutions are proprietary trademarks of ACA Inc., and any use of such marks, including, without limitation, as domain names, account identifiers, or in connection with any search engine optimization practice(s), without the prior express written permission of ACA, is hereby strictly prohibited.

Section 2: Mobile Services

Site access is available to you via your mobile phone or other mobile (computing) device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the site. In addition, downloading, installing, or using the site (or portions thereof) may be prohibited or restricted by your mobile carrier, and not all site functionality may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the site is available from your mobile devices, what restrictions, if any, may be applicable to your use of the site, and how much the related wireless services or data charges may cost you. Nevertheless, all use of the site shall be strictly in accordance with this Agreement.

Section 3: Third-Party Links

Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 4: User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium for any purpose or any comments that you submit to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content and comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 5: Personal Information

Your submission and our collection of personal information through the site is governed by our Privacy Policy.

Section 6: Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order from the online store).

Section 7: Prohibited Uses

All rights not expressly granted under this Agreement are hereby reserved. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;  (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 8: Linking/Advertising

You acknowledge that ACA does not review sites or advertisements linked into or out of the website and such linking does not constitute an endorsement or sponsorship thereof by ACA. ACA is not liable for any third-party advertising, information, goods, services, content or for transactions you may enter into as a result thereof, off-site or stored pages, or old or expired links. You hereby waive any claim against ACA as a result of any of the foregoing to the maximum allowed by applicable law.

Section 9: Disclaimer of Warranties; Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES AND CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT EXPRESS OR IMPLIED STATUTORY OR OTHER WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. NEITHER ACA NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS WARRANTS THAT THE SERVICES, CONTENT OR WEBSITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. AS A NEUTRAL VENUE THAT PROVIDES INFORMATION ABOUT COATING BASED UPON DATA AND MATERIALS SUPPLIED BY THIRD PARTIES, ACA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, OR TIMELINESS OF THE SERVICES, WEBSITE OR CONTENT. USE OF THE WEBSITE, SERVICES OR CONTENT IS ENTIRELY AT YOUR OWN RISK AND ACA ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFOR. NEITHER ACA NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE, TO THE MAXIMUM ALLOWED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, CONTENT OR WEBSITE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR RELIANCE UPON, USE OR INABILITY TO USE THE SERVICES, CONTENT OR WEBSITE, OR ANY ERRORS OR DEFECTS THEREIN OR ANY LOSSES, DAMAGES OR INJURIES RESULTING THEREFROM. NEITHER ACA NOR ANY OF ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DAMAGES RESULTING FROM ACCESSING, ALTERING, OR DESTROYING CONTENT; OR DAMAGES FROM LOSS OF BUSINESS, PROFITS OR BUSINESS OPPORTUNITIES. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE WEBSITE, SERVICES OR CONTENT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Section 10: Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless ACA and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all claims arising from or in any way related to your use of the Sites and/or ACA Content, a violation by you of these Terms or ACA Policies, or any other actions connected with your use of the Sites and/or ACA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. ACA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to ACA other than under this Section.

Section 11: Terms and Termination

This Agreement shall become effective immediately upon your use of the website.

ACA reserves the right, with or without notice, at any time and for any reason to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the Site, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any ACA Content, in your possession. In addition, ACA hereby reserves the right in its sole direction to at any time and without notice to modify, suspend, terminate, and/or interrupt operation of or access to the site, or any portion thereof, in order to protect the site, ACA intellectual property, ACA, or the business interests of ACA and/or its members and affiliates.

Section 12: Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service(s) constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 13: Governing Law

This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of Delaware, USA, without regard to conflicts of law provisions thereof.

Section 14: Modification of this Agreement

ACA reserves the right to make changes to any agreement or policy posted on the website at any time. Continued use of the Site after the posting of any changes or modifications to any agreement or policy shall constitute agreement to be bound thereby.

Section 15: Modification of Services

ACA may modify, suspend, discontinue, delete or restrict the use of any portion of the Site at any time without notice or liability. ACA shall not be liable for any modification or discontinuance of the website. ACA may deny access to the website to any person at any time for any reason.

Section 16: Security

Any actual or attempted use of the site by you in violation of this Agreement may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ACA reserves the right in its sole discretion to review, monitor, and/or record any information relating to your use of the site (“User Information”) without any prior notice to or permission from you, including, without limitation, by archiving content and/or communications submitted to and/or sent by you through the site. ACA may share any User Information ACA obtains from you with any law enforcement organization in connection with any investigation or prosecution of possible criminal or unlawful activity. ACA will also disclose User Information as required by any court order and/or subpoena.

Section 17: Miscellaneous

You hereby agree that (a) this Agreement operates in addition to any terms or conditions imposed or required by ACA or any other digital download platform, your internet service provider, or your internet browser from which you access or download the site (“Internet Provider Terms”); and (b) the terms of this Agreement supplement and do not alter or amend any such Internet Provider Terms. No joint venture, partnership, employment, or agency relationship exists between you and ACA as a result of this Agreement or your utilization of the site. You may not assign or transfer any rights under this Agreement without the prior express written consent of ACA, which may be withheld in ACA’s sole discretion.

Section 18: Severability and Survival

If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. The provisions of this Agreement concerning intellectual property rights, governing law, warranties, limitations of liability, indemnities, this Section 18 and any other provisions which contemplate continuing effectiveness shall remain in effect after the termination or expiration of this Agreement.

Section 19: Failure to Enforce

ACA’s failure to exercise or enforce any right or provision identified herein or posted on the website shall not constitute a waiver of such right or provision unless agreed to in writing by ACA.

Section 20: Merger

This Agreement constitutes the entire and final agreement between Users and ACA relating to this subject matter.

Section 21: Contact Information

Questions about the Terms of Service should be sent to us at members@paint.org.