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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Seymour of Sycamore, Inc. and its subsidiaries and affiliates (collectively “Seymour” or “we” or “our”) provides this website subject to the terms and conditions set out below. Please carefully read the following Terms and Conditions (the “Terms”) before using this website at www.seymourpaint.com (the “Site”). By using our Site in any manner, including but not limited to visiting or browsing, you accept these Terms and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT AUTHORIZED TO USE OUR SITE.

Acceptance of the Terms

The Terms are a legal and binding agreement between you and Seymour governing your use of the Site. By accessing and/or using the Site you signify that you have read, understand and agree to be bound by the terms and any other applicable law. If you do not agree with the Terms, please discontinue use of the Site. Please also note that the terms and conditions of the Terms are in addition to any other agreements that govern the products, services, content and information available on the Site. The Terms do not alter in any way the terms and conditions of any other agreement you may have with Seymour, or its subsidiaries or affiliates, for any products or services or otherwise.

Right To Change Terms

Your use of the Site is governed by the version of the Terms in effect on the date of use. Seymour reserves the right to modify the Terms from time to time without prior notice. Your continued use of and access to our Site after any such change is posted will be considered acceptance of such changes. Accordingly, you should check the date of the Terms (which appear at the top of the Terms) and review any changes since the last version. If at any time you do not agree to these Terms, please do not use this Site.

Privacy Policy

Please review our Privacy Policy for information on how Seymour collects, uses and discloses information it obtains from users of this Site. By using the Site, you also agree to the most recent version of the Privacy Policy in effect. We may change the Privacy Policy at any time, and such changes will be posted on the Site.

Purchases

If you wish to purchase any products or purchases made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Seymour the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Seymour reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

Return Policy

All Seymour returns are subject to Seymour’s standard return policy. If you wish to return a product, please contact Seymour at 800-435-4482 and request an R.G.A. Request Form which must be completed and returned to Seymour.

If Seymour approves the return, you will be contacted with a R.G.A. number. Upon receipt of the R.G.A. number, you may arrange for return to our warehouse. Shipment must be made on a freight prepaid basis. Seymour will not accept returns on freight collect basis.

Upon receipt, the merchandise will be inspected and any goods returned which are partial cases, over two years old or otherwise unsuitable for resale, will be disposed of. Credit will NOT be issued for returns of this nature. Credit will be processed after inspection for the approved items and a 25% restocking fee will be deducted from the credit.

Accuracy, Completeness and Timeliness of Information

Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this Site, we are not responsible if the information that we make available on this Site is not accurate, complete or current. Any reliance upon the material on this Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.

Intellectual Property Rights

This Site is owned and operated by Seymour. Seymour is the owner in and to the content of the Site, including but not limited to text, graphics, photographs, artwork, images, audio clips, video clips, data computer code, software, logos, product images, product manuals and specifications, and Safety and Technical Data Sheets and other material and any and all intellectual property and other rights relating thereto are and will remain the property of Seymour (“Content”).

The Content and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as expressly set forth in the “Permitted and Prohibited Uses” section below, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part), on all or any part of the Site or any materials made available through the Site.

The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Seymour or others, and are protected under United States and international trademark and other proprietary rights and laws. The trade names, trademarks and service marks owned by Seymour, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Seymour’s or our third party licensors trade names, trademarks or service marks without our or their, respectively, express prior written consent.

Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site for any reason is strictly prohibited.


Permitted and Prohibited Uses of the Site

Seymour is the owner of all copyrights, and reserves all rights relating to the content on the Site. Seymour grants you limited permission to download and use product images and illustrations, Technical Data Sheets and Safety Data Sheets and other materials from the Site for personal, informational and noncommercial use; provided that you: (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Site. While using the Site and the Content, you agree to comply with all applicable laws, rules and regulations.

You may not:

  • Reproduce, copy, upload, post, transmit, display, sell, resell or otherwise redistribute or exploit any materials or design elements of this Site , any other portion of this Site, or use of or access to the Site, for commercial purposes without our prior written consent;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble the Software or any portion of the Site or otherwise attempt to determine the source code or trade secrets of the Site or the Software;
  • Violate or attempt to violate the security of the Site;
  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site or Content for any fraudulent or unlawful purpose;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, degrading, hateful, intimidating, abusive, libelous, defamatory, obscene, indecent, pornographic or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; (d) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; or (e) any advertisements, solicitations, junk mail, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site, Content or Software.

Account

In order to create an Account on this Site, you must be at least eighteen (18) years old, one of our Distributors, and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from Seymour and its affiliated entities. We reserve the right in our sole discretion to remove or delete any or all User Content or other information from your Account or our website at any time and for any reason. You understand that we cannot guarantee that your Account will always be available to you or error free. We may terminate or suspend your Account for any reason in our sole discretion with or without notice to you. Additionally, we reserve the right to stop offering the Account feature of our website or any portion thereof, without liability, at any time and for any reason, with or without cause. In the event of any such termination or suspension, information stored in your Account may no longer be available to you. We have no obligation to make your Account Information available to you and you should not rely upon your Account as your sole record of this information.

User Content

If you send, post, or otherwise provide to Seymour any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Seymour has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Seymour and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Seymour a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Seymour shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.

Third Party Sites

This Site may contain links to third-party Sites and services, including social media (collectively “Linked Sites”). Seymour makes no representations or warranties about any Linked Sites you may access through this Site. Access to such Linked Sites does not constitute an endorsement of that Site or the products or services contained therein and are provided solely as a convenience to you. Your access to the Linked Sites is at your own risk.

Links

our Site provided that your intended visitors’ use is for informational and/or reference purposes only. You may not use links to access pages, files, or graphics on our Site or otherwise use our Site to host content for your Site. We are not responsible for (and under no circumstances shall be liable for) updating your Site or any links you make to our Site or for providing you notice regarding changes to our Site that may affect your links.

Site Warranty Disclaimer

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SEYMOUR EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH SEYMOUR MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. SEYMOUR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT SEYMOUR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT SHALL SEYMOUR OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF SEYMOUR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE THIS SITE OR RELIANCE ON THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Seymour, and any affiliated Seymour entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Seymour of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the Site.

This Site Is Not For Use By Minors

You must be at least eighteen (18) years old to use this Site. By accessing, using and/or submitting information to or through this Site, you represent that you are at least 18 years old. Seymour does not knowingly solicit data from children or knowingly market to children. Seymour is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Seymour receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Seymour will delete that information from the Site as quickly as is reasonably practical.

Applicable Law

You agree that any controversy or claim arising from or pertaining to the use of this Site shall be governed by the laws of the State of Illinois, without giving effect to the principles of conflicts of laws in such state or worldwide.

Term & Termination

These Terms are effective from the date that you first access the Site and continues in effect until
terminated in accordance with these Terms. Seymour may terminate your access to the Site or
the Services at any time for any reason. Cause for such termination shall include, but not be
limited to breaches or violations of these Terms.

Equitable Remedies

You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es).

Dispute Resolution

faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Seymour agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Seymour may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Chicago, Illinois U.S.A. Costs of mediation shall be borne equally by both you and Seymour. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Seymour agree to extend the time by mutual agreement or unless the mediator declares you and Seymour to be at an impasse. Notwithstanding the above, in the event that Seymour believes that immediate injunctive relief is required to protect its rights, Seymour may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.

Notification of Copyright Infringement

If you believe that a work you own and that is protected by copyright has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web Sites or on sites linked to/from the Web Sites, please provide Seymour of Sycamore, Inc.’s customer service who will act as the Copyright Agent a written notice (“Notice”) containing the following information:

  • your full legal name, as well as your address, telephone number, and email address;
  • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
  • an identification of the copyrighted work(s) you claim is/are being infringed;
  • an identification of the material you claim is infringing and its location;
  • a statement by you that you have a good faith belief that the disputed use of the copyrighted work(s) is/are not authorized by you, the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Customer Service
Address: Seymour of Sycamore
917 Crosby Avenue
Sycamore, Illinois 60178
Phone: (800) 435-4482
Fax: (800) 343-4258

NOTIFYING THE COPYRIGHT AGENT THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITES OR ON SITES LINKED TO/FROM THE WEB SITES.

Miscellaneous

If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.

Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.

Nothing contained in these Terms will be deemed to constitute Seymour or you as an agent or representative to the other or joint venture or partners.

These Terms and each supplemental agreement referenced in or referencing these Terms together with our Privacy Policy constitutes the entire agreement between you and Seymour with respect to the Site and the Services.

Giveaway Terms & Conditions

Eligibility for Contests: Seymour of Sycamore Inc. periodically runs contests, giveaways, and other promotions. These promotions are open only to legal residents of the contiguous United States and Canada who are 18 years or older, or who have written consent of a parent or legal guardian. Entrants must be U.S. Citizens or Canadian citizens who are residing in the United States (except Alaska and Hawaii) or Canada at time of entry. Employees, contractors, directors, and officers of Seymour of Sycamore Inc. (“Sponsor/Administrator”) and its respective parents, subsidiaries, distributors, licensees, and the advertising, fulfillment, judging, and promotion agencies involved in the development and execution of these promotions, as well as their immediate family members (parents, children, siblings, and spouses of same) and those living in the same households, are not eligible. Void elsewhere and where prohibited by law.

Promotion Period: The start and end date for promotions is entirely at the discretion of Seymour of Sycamore Inc. View the promotion announcement for start and end dates.

Notice To California Residents

California residents are entitled to the following specific consumer rights information:

The provider of the Site is:

Seymour of Sycamore, Inc.
917 Crosby Avenue
Sycamore, Illinois 60178
Telephone: 800-435-4482

To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the attention of “Customer Service” at the above address (with “California Resident Request” as the Subject Line).