Terms and Conditions were last modified and are effective as of September 24, 2024.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITES AND MOBILE APPLICATIONS. IF FOR ANY REASON YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITES AND MOBILE APPLICATIONS, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.
PLEASE BE ADVISED THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDES A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE USING THE WEBSITES AND MOBILE APPLICATIONS.
Benjamin Moore & Co. ("Benjamin Moore", "we", "our" or "us") provides various Internet websites and mobile applications (collectively, the "Websites and Apps"), and these terms and conditions ("Terms of Conditions") represent a legally binding agreement between you and us regarding your use of our Websites and Apps. These Terms and Conditions include any other terms and conditions that we notify you of when you use or attempt to use our Websites and Apps ("Additional Terms"), all of which are incorporated by reference and form a part of our Terms and Conditions for all purposes. Our Websites and Apps include all web and app pages within our Websites and Apps and also include backup, mirror, replacement or substitute sites or pages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion and content on our Websites and Apps, individually and/or collectively as "Content." When we use the terms "Websites" and "Apps" they also include Content unless we specifically say otherwise.
We will refer to users of our Websites and Apps, our features, functions and services individually and/or collectively as "users", "you" or "your" to make reading these materials easier. When you see the word "use" or "using" we mean any time you – directly or indirectly, and with or without the help of any device – attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Websites and Apps if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through any of our Websites and Apps for any purpose, or if you try to do any of these things.
By using our Websites and Apps you are acknowledging you have read and understand the legal agreement you have with us and, unless you immediately stop using or trying to use all of our Websites and Apps, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms and Conditions.
Terms and Conditions and Website Changes
We reserve the right to add to, delete or modify these Terms and Conditions, as well as all or part of our Websites and Apps, at any time and from time to time by updating or revising this posting. Such revisions shall take effect as of the date of posting. IF YOU USE ANY OF OUR WEBSITES AND APPS AFTER THE CHANGES BECOME EFFECTIVE, IT MEANS YOU ARE AGREEING TO BE BOUND BY THE CHANGES. WE ENCOURAGE YOU TO CHECK BACK HERE FREQUENTLY SO YOU REMAIN AWARE OF THE CURRENT TERMS AND CONDITIONS THAT APPLY TO YOU.
Privacy
We respect your privacy. You consent to our collection, use, disclosure and other handling of your information as described in our Privacy Policy, which we may update from time to time.
Ownership and Use of Benjamin Moore Websites, Mobile Applications and Content
We maintain our Websites and Apps for your information, education, entertainment, and sales. Our Websites and Apps and, except as described below, all Content, is either the property of Benjamin Moore or our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners (collectively, "Benjamin Moore Entities"), and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. To avoid any doubt, when the word "Content" is used it includes, but is not limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, 'look and feel' and arrangement of items and all copyrightable or otherwise legally protectable elements of any and all of our Websites and Apps.
Except as set forth in the “Unsolicited Suggestions: They Become Ours and We Have No Obligation to You” section below, you keep ownership to any and all Content that is yours; and if you submit or provide Content, these Terms and Conditions do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us or any of our Websites and Apps, you are giving us and the Benjamin Moore Entities an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content ("license") and you are representing and warranting to us that you have the right to give us and the Benjamin Moore Entities such license. If you do not have the right to license Content as set forth in these Terms and Conditions (or if you are not sure), do not submit or provide Content.
You may only use our Content and Content of other users for your own personal use and you have no right to transfer, assign or use the Content for any other purpose or allow or enable anyone else to do so. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else. This also means you are not allowed to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast Content that is not yours without our express prior written consent. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
Unsolicited Suggestions: They Become Ours and We Have No Obligation to You
Benjamin Moore likes to hear from consumers and professionals about what they think about our products, and we encourage you to contact us. However, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind ("Unsolicited Suggestions") including, but not limited to, those relating to products, processes, product names, advertising or marketing nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstanding and dispute, since your Unsolicited Suggestion may seem similar to products, services or activities we undertake or commission, even those previously considered or currently under consideration, whether or not we implement them.
As a result, we have adopted a policy whereby we do not agree to accept, on any terms or under any conditions, Unsolicited Suggestions. Please do not submit, post or send us any Unsolicited Suggestions because if you do or you attempt to do so (whether you ignore these warnings, or do not read or attempt to understand them), you are agreeing that we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, and without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestions you submit for any purpose, any time and anywhere in the world, and we will also have the right to modify, re-purpose, do anything, or refrain from doing anything with respect to such Unsolicited Suggestions, free and clear of any requirements or restrictions of any kind. You should also understand that we will have no obligation to compensate, reward, account to you, notify you or even acknowledge any matters that relate to an Unsolicited Suggestion you submit.
You should consult with your own independent legal advisors concerning your rights or if you are not clear whether anything you wish to submit to us might be covered by the Unsolicited Suggestion policy and terms above.
If, after consultation with your attorney, you believe you have rights to legally protected and proprietary intellectual property which is not covered by the Unsolicited Suggestion policy and terms above, you (or your attorney) can contact us at:
Outside Submissions Unit — Legal Compliance
Benjamin Moore & Co.
101 Paragon Drive
Montvale, NJ 07645
[email protected]
If you are not sure about your rights, consult your legal advisor before submitting anything to us.
Posting
Our Websites and Apps may allow you to register, create a profile or account and may also enable you to submit, provide, transmit, exchange, communicate and display Content (a "Posting"). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting will not violate any law or regulation, these Terms and Conditions, or the right of others.
By Posting, you represent and warrant that: (a) the Posting is original to you or fully cleared for use as contemplated herein; (b) the Posting does not and will not, in any way, violate any of the terms of this agreement; (c) the Posting does not contain any libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; and (d) the Posting is not obscene, vulgar, hateful or in any manner unlawful.
Unless explicitly stated otherwise, Posting is for non-commercial purposes only and you may not post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity. If you believe that any Content on our Websites and Apps violates any of these Terms and Conditions, please click here to contact us. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such information.
Your Posting and any Posting made by someone else under your account, user identification, log-in, password or email is your responsibility and, unless and until you notify us that you know or suspect the security of your account, user identification, log-in, password or email may have been compromised, you may be required to defend and indemnify Benjamin Moore for any such Postings as set forth in the Indemnification section below. Please notify us immediately if you suspect someone is using your registration, user identification, log-in, password or email address.
Registration
Our Websites and Apps may allow you to register and create an account in order to access certain Content on our Websites and Apps. As part of the registration process, you will choose a user name and password (or we may assign an initial password, which we will give you the option to change).
In addition, when you register you may be automatically subscribed to receive certain email notifications and Content from us ("Automatic Communications"), or we may give you the option to select and receive certain email notifications and Content from us ("Voluntary Communications"). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications.
You are responsible for maintaining the confidentiality of any user name or password you are required to create. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name and password, or your authorization of anyone else to use your user name or password; and you may be required to defend and indemnify us for any such harm, as set forth in the Indemnification section below. You agree to immediately notify us if you become aware or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
Right to Terminate
We have the right to discontinue, suspend or terminate your use of our Websites and Apps at any time, including any time we determine, in our sole judgment, you or your use of our Websites and Apps, your Content or any Posting you make may violate these Terms and Conditions. In addition to any other rights and remedies we may have under these Terms and Conditions, we have the right to: (a) refuse to allow you further Posting; (b) remove, modify, re-format or delete your Posting; (c) revoke your right to use the Websites and Apps; and (d) use any technological, legal, operational or other means available to enforce these Terms and Conditions.
Links to Other Websites
If you see or use any links or conduits on our Websites and Apps which allow you to browse, redirect or visit any other websites, web pages or other internet or web-based locations, it does not mean that Benjamin Moore is associated with or has endorsed, reviewed or even knows anything about that site or page; and we have no obligation, responsibility or liability to you or anyone else if you go to another web site, page or address outside our Websites and Apps, even if a link on our site allowed you to do so. When you leave our Websites and Apps, you should confirm the terms and conditions, privacy and other policies that apply to you since Benjamin Moore neither controls, nor has any responsibility for any third party sites, their practices or anything associated with their operations. In fact, even if another web site or web page has the Benjamin Moore name, logo or other identification normally associated with us, it may or may not be authorized by us and you should not assume it is a Benjamin Moore Website or Benjamin Moore mobile application, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.
Text Message Program Terms
If you opt-in to or enroll in text message programs, either via our website or text message, you are providing (and signing) your prior express written consent to receive recurring marketing and support text messages from us sent through an automatic telephone dialing system. Benjamin Moore may use SMS/text messages for a number of purposes related to the program you opt in to, for example: update you on your order status, alert or remind you about each step in an order fulfillment process, including cart abandon messages, or provide marketing alerts about the latest sales, product launches, and events in your local area. This service is optional, and your consent is not a condition for purchase.
You can cancel the SMS service at any time; just text STOP to the short code and we will reply with an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from Benjamin Moore. If you want to rejoin at any time, reply OPTIN and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program, reply with the keyword HELP or visit Contact Us for more assistance. You can also call us at 1-855-724-6802, option 4.
Neither we nor the wireless carriers will be liable for delayed or undelivered messages.
As always, message and data rates may apply for both incoming and outgoing messages. Message frequency may vary. If you have any questions about your text or data plan, please contact your wireless provider directly. Under no circumstances will we or our affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.
Text message services are provided on an “AS IS” basis. Data obtained from you in connection with any text message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.
For additional information, read our Privacy Policy.
Trademarks
The trademarks, logos, service marks, trade names, graphics, designs, copyrights and other properties (collectively the "Trademarks") displayed on Benjamin Moore's website or mobile application are protected intellectual properties that are registered and unregistered Trademarks. Nothing contained on Benjamin Moore's websites or mobile applications should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on such website or mobile application without the written permission of Benjamin Moore or such third party that may own the Trademark displayed on Benjamin Moore's website or mobile application. Your misuse of the Trademarks displayed on Benjamin Moore's website or mobile application, or any other content on Benjamin Moore's website or mobile application, except as provided herein, is strictly prohibited.
This is a current listing of United States trademarks licensed to Benjamin Moore & Co. Those trademarks followed by ® are registered trademarks licensed to Benjamin Moore & Co.; all others are trademarks licensed to Benjamin Moore & Co.
ADVANCE®
AFFINITY®
ARBORCOAT®
AURA®
BEN®
BENJAMIN MOORE®
BENJAMIN MOORE and the triangle "M" symbol®
BENJAMIN MOORE CENTURY®
BENJAMIN MOORE CLASSIC COLORS®
BENJAMIN MOORE CLASSICS®
BENJAMIN MOORE PAINTS® (SSP Signage)
BENJAMIN MOORE PROCONNECTION®
BENJAMIN MOORE'S GREEN PROMISE®
BENWOOD®
CENTURY®
CHIP-TECH®
CHIP-TECH® and design
CHROMALINK®
COACHMAN'S CAPE®
COLOR CAPTURE®
COLOR LOCK®
COLOR PREVIEW®
COLOR PULSE®
COLOR SELECTION SIMPLIFIED®
COLOR STORIES®
COLORX®
CONCEPTS®
CROWN DEVICE®
CRUMB CAKE®
DEEP SECRET®
DESIGN BY WHAT MATTERS®
DULAMEL®
ECO SPEC®
ENGINEERED WITH GENNEX COLOR TECHNOLOGY® and design
FRESH START®
GENNEX®
GENNEX COLOR TECHNOLOGY® and design
GREEN WITHOUT COMPROMISE®
HUE®
IMPERVEX®
IMPERVO®
IRONCLAD® (Stylized)
MARVELUX®
MOLTEN METALLICS®
MOORCRAFT®
MOORCRAFT SUPER HIDE®
MOORE'S®
MOORGARD®
MOORGLO® (Stylized)
MOORLASTIC®
MOORLIFE®
MOORWHITE®
MURESCO®
ONLY THIS CAN®
PAINT LIKE NO OTHER®
PARISIAN RED®
PERSONAL COLOR VIEWER®
PERSPECTIVE®
PLASTER OF PARIS®
REGAL®
REVIVE®
SANI-FLAT® and design
SATIN IMPERVO® (Stylized)
SCUFF-X®
SIGNATURE PAINT DOLLOP®
STAYS CLEAR®
STRAND OF PEARLS®
SUBWAY TILE®
SUPER CRAFT®
SUPER HIDE®
SUPER SPEC®
SUPER SPEC HP®
SURE SEAL®
Triangle "M" Symbol®
ULTIMATE®
ULTRA SPEC®
WALK ON THE BEACH®
WARM & TOASTY®
WOODLUXE®
Disclaimer of Warranties
BENJAMIN MOORE WEBSITES AND APPS AND ALL CONTENT ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE ANY WEBSITE, MOBILE APPLICATION OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE, MOBILE APPLICATION OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. BENJAMIN MOORE MAKES NO WARRANTY REGARDING ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BENJAMIN MOORE, ITS PARENT, AFFILIATES, SUBSIDIARIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, MOBILE APPLICATIONS, CONTENT, THESE TERMS AND CONDITIONS AND/OR YOUR OR ANYONE ELSE'S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE WEBSITES, MOBILE APPLICATIONS AND/OR CONTENT, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.
IN NO EVENT SHALL SUCH PARTY'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
Indemnification
You shall defend us and the Benjamin Moore Entities against any demands, claims or actions brought against us or the Benjamin Moore Entities arising as a result of any breach or violation of these Terms and Conditions by you ("Claim") and you shall indemnify and hold us and the Benjamin Moore Entities harmless from and against any and all losses, damages, costs and expenses (including attorneys' fees) resulting from any such Claim. We and the Benjamin Moore Entities have the right, at their expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree, upon request, to cooperate with us and the Benjamin Moore Entities in the defense of any such Claim.
RESOLVING DISPUTES
If a dispute should arise between you and Benjamin Moore, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by contacting our customer service by email at [email protected] or by phone at 1-855-724-6802. If your dispute cannot be resolved using our customer service team, these Terms and Conditions describe how we shall proceed with the resolution of the dispute.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and Benjamin Moore agree to resolve any claims arising out of or relating to these Terms and Conditions (other than claims arising from national-estore.benjaminmoore.com) through final and binding arbitration. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may (1) bring an action in state or federal court solely for injunctive relief to stop unauthorized use or abuse of its intellectual property rights (for example, trademarks, trade secrets, copyrights, or patent rights, but not privacy or publicity rights) without first engaging in arbitration or the informal dispute-resolution process described above; and (2) seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Benjamin Moore must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Benjamin Moore will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Benjamin Moore will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this Agreement shall be held in Bergen County, New Jersey; provided that if such location is inconvenient to you, you have the right to request that it be held at a reasonable location within the United States that is accessible to your place of residence. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Benjamin Moore; and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Benjamin Moore. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration (except those exempted from the arbitration requirement in the “WE BOTH AGREE TO ARBITRATE” paragraph above). Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Benjamin Moore in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND BENJAMIN MOORE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Benjamin Moore at [email protected] and providing the requested information as follows: (1) Your Name; (2) the URL of Terms and Conditions; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms and Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms and Conditions by using the website.
Choice of Law/Forum Selection
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. In any circumstances where these Terms and Conditions permit the parties to litigate in court, you specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State of New Jersey, City of Montvale and County of Bergen (or, for Federal Courts, Essex County). The Uniform Computer Information Transactions Act does not apply to these Terms and Conditions.
General Provisions
These Terms and Conditions are the entire agreement you have with Benjamin Moore regarding our Websites and Apps, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter, except that the following also apply to matters within their scope and supersede these Terms and Conditions to the extent of any conflict:
- Terms of Sale for the Benjamin Moore Online Store
- Terms & Conditions of Sale for the Online Store; provided that these Terms and Conditions do not supersede any contract signed by hand (or through a third-party electronic signature service such as DocuSign or Adobe Sign) between Benjamin Moore and you in relation to the transactions that take place via this second site;
If, for any reason, Benjamin Moore believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well-being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affect, infringe upon or misappropriate the rights of others, harass or interfere with any other user or person, firm or enterprise, interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, breach or violate these Terms and Conditions, including the Privacy Policy, Websites and Apps and Content or which violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Modification
These Terms and Conditions can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of Benjamin Moore.
Headings
Headings are purely for reference and shall not affect the meaning of any term or condition.
Severability
The provisions of these Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision or provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us or, alternatively, by disposition of a court of law or arbitrator. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms and Conditions without affecting the validity, legality or enforceability of any of the remaining provisions.
Contact Us
If you have any questions about our Terms and Conditions, please
contact us.
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