Terms of Use

Last updated: September 17, 2014

Use of this website is subject to the following terms and conditions. Accessing or using this website constitutes acceptance of these terms and conditions. FinishMaster, Inc., its parent company FinishMaster Inc. or its affiliates (hereafter “FinishMaster”) may, at their sole discretion, modify this agreement from time to time. Modifications shall be effective immediately upon posting and the date they were last updated will be noted. Please check periodically for updates. Your continued access or use of the website constitutes your acceptance of the new Terms of Use. Each time you use the website,you acknowledge and agree to be bound by these Terms of Use.

1. RIGHTS GRANTED AND RESTRICTIONS ON USE

You may freely download, copy, display, print, or otherwise use the content of this website for non-commercial purposes only. However, on any such downloading, copying, display, printing or use, you must retain all copyright and other notices on this website explicitly acknowledging FinishMaster as the provider of such content. FinishMaster reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in FinishMaster’s opinion is contrary or otherwise inappropriate, derogatory or offensive. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the content of this website.

Except as provided in the foregoing paragraph, you may not use, distribute, sell, modify, transmit, revise, reverse engineer, republish, post or create derivative works (where applicable) of the trademarks, trade names, logos, information, software or other material or content on this website (collectively referred to as the “content” of this website) without FinishMaster’s prior written permission. You acknowledge and agree that this website and its content are the property of FinishMaster or its service providers, suppliers or licensors, and that you will not acquire any rights or licenses in any trademarks, copyright or other intellectual property on this website or in its content.

2. TRADEMARKS

This website and its content, including the text, images, graphics, layout and information contained therein are protected by copyright and by trademark law and any other applicable laws. The trademarks, trade names, service marks, and corporate logos and emblems displayed here either belong to FinishMaster or one of its affiliates, or belong to third parties and have been used with their permission. Products and company names and logos appearing on this website may be trade names, trademarks and service marks of their respective owners. Unauthorized use of the content may violate copyright, intellectual property and other laws.

Any use of the trade names, trademarks, service marks and logos (collectively “Marks”) displayed on this website, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on this website or elsewhere shall be construed as granting, implicitly or expressly, any license or right to use any Marks displayed on this website.

3. NON-CONFIDENTIAL USE OF YOUR POSTINGS

FinishMaster may reproduce, use, disclose or distribute any questions, comments and other information received by you through this website without notice or obligation to you, in conformity with its Privacy Policy. By posting via e-mail or otherwise any such information through this website, you grant FinishMaster a perpetual, non-exclusive, irrevocable, royalty-free right and license to use, download, upload, copy, reproduce, exhibit, display, publish, post to any other public forum, perform, sell, modify, alter, change, create derivative works from, transmit, sub-license, distribute and otherwise treat such information as its own content in whatever manner FinishMaster shall, in its sole discretion, deem appropriate without any form of recognition, credit, acknowledgement, reward or compensation whatsoever.

Furthermore, by posting any content, trade secrets, or know-how to this website, including electronic mail, you represent and warrant that such content, trade secrets, or know-how is your own work, is non-confidential, and its use by FinishMaster in no way violates the intellectual property or other rights of any third parties. The duty to ensure non-infringement of the rights of any third parties rests solely with you.

You agree to indemnify, contribute to and hold harmless FinishMaster, its parent company, subsidiaries, affiliates, contractors, agents, and/or employees (collectively the “Indemnfiied Party”), against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by you in your use of this website and from the use, transfer or sub-license by the Indemnified Party of any content, trade secrets or know-how provided to the Indemnified Party by you. As part of this indemnification, you agree to co-operate with all reasonable requests made by the Indemnified Party, its parent company, subsidiaries, affiliates, contractors, agents and/or employees.

4. DISCLAIMERS AND LIMITATION OF LIABILITY

THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER INDIANA LAW. THIS WEBSITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FINISHMASTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. FINISHMASTER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FINISHMASTER DOES NOT REPRESENT OR WARRANT THAT THIS SITE IS FREE FROM TYPOGRAPHICAL ERRORS OR OMISIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. FINISHMASTER DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF FINISHMASTER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSES FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

FinishMaster uses reasonable commercial efforts to ensure that the information contained on this website is accurate but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information. All information contained on this website, including all stock price information, is provided for informational purposes only, and is not intended for trading or other purposes. FinishMaster assumes no responsibility with respect to the accuracy or completeness of any such information and is not liable or responsible in any way for any delays, inaccuracies or errors in any such information or in the transmission of any such information.

FinishMaster, its parent company, subsidiaries, affiliates, contractors, agents and/or employees make no guarantees or warranties (whether express or implied) about this website or its contents including, without limitation, that the use of this website will be uninterrupted, error-free, stable or suitable for all users. Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement.

IN NO EVENT WILL FINISHMASTER, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS WEBSITE, OR ANY OTHER WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE WHETHER OR NOT CAUSED BY FINISHMASTER’S NEGLIGENCE AND EVEN IF UNI¬SELECT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.

5. USE OF LINKS

There are certain links on this website which lead you to other websites on the World Wide Web which are not maintained or controlled by FinishMaster. FinishMaster provides these links for your convenience only and is not responsible for the content of any linked website and makes no representation or endorsement whatsoever about any other website which you may access through this website. We reserve the right to disable links from the third party sites to any FinishMaster site. Links to downloadable software websites are also provided for your convenience only and FinishMaster is not responsible or liable for any difficulties associated with downloading such software.

6. INDEMNITY

As user of this website, you agree to defend, indemnify and hold FinishMaster and its related companies harmless from any and all liabilities, costs and expenses, including attorneys’ fees, related to your violation of the terms and conditions of these Terms of Use.

7. L AWS

All matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the State of Indiana or the laws of the United States of America, as applicable, without regard to the conflicts of laws principles thereof. All disputes, proceedings or claims arising out of or in connection with this website shall be submitted and be subject to the exclusive jurisdiction of the Courts of the State of Indiana.

8. TERMINATION

Notwithstanding any of these Terms of Use, FinishMaster reserves the right, without notice and in its sole discretion, to terminate your license to use this website, and to block or prevent future access to and use of this website if you violate any of these Terms of Use. Upon termination, these Terms of Use shall still apply.

9. SEVERABILITY

If any provision of the Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

10. RIGHTS TO CONTROL SITE

The content of this website is subject to change, restriction or termination without any notice to you.

11. CHILDREN

FinishMaster strongly encourages all parents to supervise their children’s online activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s online use or online disclosure of their name, address or other personal information without parental consent.

12. MISCELLANEOUS

The terms and conditions of this legal notice constitute the entire agreement between FinishMaster and the users of this website with respect to their use of this website. FinishMaster’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any right on its part. If any part of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.