Upon submission of your mobile number to the Sherwin-Williams Mobile Alerts program, you will receive a text message requesting you to confirm that you consent to receive marketing text messages from or on behalf of Sherwin-Williams using an automatic telephone dialing system to your mobile number.

By signing up, you consent to receive approx. 5 autodialed marketing text messages per calendar month from Sherwin-Williams to the mobile number from which you texted. Message & data rates may apply.

You are not required to sign up as a condition of purchasing any property, goods, or services.
By enrolling in the Program, you certify that you are 18 or older and that (a) you are the account holder or (b) you have the account holder’s permission to do so.

You can view our privacy policy by clicking here.

Opt Out

At any time, you can text STOP to 27579. You will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive any Sherwin-Williams Mobile Alerts to your mobile number, unless you sign back up for the Program.

For Help

At any time, you can text HELP to 27579.

Note: This Program is a recurring message program available only in the United States. A separate program exists in Canada. For inquiries about that program, please visit here.

Acceptance by You

PLEASE READ CAREFULLY -- In these Terms & Conditions you will waive or give up certain legal rights and agree to certain limitations of liability and exclusions of damages. These Terms & Conditions require you to use arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. If you opt in to the Sherwin-Williams text message program described above ("Program") or take advantage of its benefits, then you have agreed to accept and be bound by the above program details and these Additional Text Message Program Terms & Conditions (collectively, "Terms"), and Sherwin-Williams Privacy Policy located at https://privacy.sherwin-williams.com/privacy-policy ("Privacy Policy"). If you do not agree with these Terms, you should not join the Program and/or should opt-out of the Program as set forth above.

We may update or amend the Terms at any time, and such amendments will be effective upon our posting of the updated Terms on this page. We may also elect to send you a text message to your mobile number to advise you of such amendments. You may review these Terms, and any amendments hereto, at any time. If you do not agree to these Terms as amended, you must immediately cease using the Program and opt-out. Your continued access or use of the Program after such posting constitutes your consent to be bound by the Terms, as amended.

Account Information

You represent that you are the account holder or you have the account holder's permission to enter your mobile number in the Program and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete, and up-to-date information regarding your use of the Program, including that you agree to advise us immediately if you cease being the subscriber or regular user of your mobile number or if your mobile number has changed or is deactivated.

You may opt out of the Program at any time by following the opt-out instructions set forth above; however, 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 opt-out, including the dispute resolution provision, with respect to any interactions between you and Sherwin-Williams while you were opted-in to the Program.

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 THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SHERWIN-WILLIAMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

a. Notice and Informal Dispute Resolution. In the event that a Dispute (defined below) 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 any formal dispute resolution proceeding, so that we can try to resolve the Dispute informally and individually, negotiating in good faith. The term "Dispute" means any past, existing, currently pending and/or future dispute or claim of any kind in any way arising out of, in connection with, or relating to the Program, these Terms, including but not limited to claims arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., state telephonic communications laws, or any other similar statute, regulation, or legal or equitable theory. 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 email and street address that you provided to Sherwin-Williams. 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 we fail to reach an amicable settlement of the Dispute within 60 days after receipt of the written notice of Dispute, you and Sherwin-Williams agree to the formal dispute resolution and binding arbitration process set forth below. Compliance with this informal dispute resolution provision is a prerequisite and condition precedent for initiating any formal dispute resolution proceeding. 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 while the parties engage in this informal dispute resolution process.

b. Binding Arbitration. You and Sherwin-Williams agree that all Disputes—including any existing, currently pending and/or future disputes or claims between you and Sherwin-Williams, both before and after termination of the parties' relationship or these Terms—shall be resolved exclusively by binding, individual arbitration administered by the American Arbitration Association (AAA) or, if the AAA is unavailable or unwilling to administer the arbitration for any reason, with another arbitration provider agreed to by the parties. 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 herein) and to bring or participate in class, collective, consolidated, or representative proceedings.

c. Arbitration Rules and Procedures. 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. This provision constitutes your and Sherwin-Williams’ written agreement for resolving Disputes, including the agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”), and is governed by the Federal Arbitration Act.

d. Applicable Law in Arbitration. Claims arising under federal law shall be determined in accordance with federal law. Claims arising under state law shall be decided in accordance with Ohio substantive laws, without regard to conflict-of-laws principles.

e. Confidentiality. 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.

f. 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, 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.

g. 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 AAA.

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 Dispute Agreement 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 firm or organization 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.

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 five (5) 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. 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.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PROGRAM, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE PROGRAM OFFERED TO THE PUBLIC BY US COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.

Assignment

You may not assign any rights or delegate any obligations under these Terms without Sherwin-Williams' prior written consent. Any assignment or delegation, or attempted assignment or delegation, in contravention of the foregoing shall be null and void. Sherwin-Williams may assign or delegate any of its rights or obligations hereunder. If any provision of these Terms is so broad as to be unenforceable, such provision shall be interpreted to be only as broad as is enforceable.

Severability

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 original intent between the parties hereto to the maximum extent possible, consistent with law and public policy.

Applicable Law

Except as otherwise provided herein, your use of the Program is governed by the laws of the State of Ohio.

 

[Last updated: 2/15/2023]