Vista Paint does not claim ownership of the materials you provide to www.vistapaint.com (including feedback and suggestions) or post, upload, input or submit to any Vista Paint Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vista Paint, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.     

No compensation will be paid with respect to the use of your Submission, as provided herein. Vista Paint is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vista Paint’s sole discretion.     By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.     

International Users
The Service is controlled, operated and administered by Vista Paint from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vista Paint Content accessed through www.vistapaint.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless Vista Paint, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Vista Paint reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Vista Paint in asserting any available defenses.     

Liability Disclaimer

IN MAINTAINING THIS WEBSITE, WE HAVE TRIED TO ENSURE THAT THE INFORMATION POSTED BY US IS ACCURATE, COMPLETE, AND CURRENT AS OF THE DATES INDICATED ON THE SCREENS. HOWEVER, WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT, THE SOFTWARE OR OPERATION OF THE SITE. YOU ACCESS AND USE THIS SITE AT YOUR OWN RISK. THE CONTENT AND SOFTWARE (INCLUDING ALL INFORMATION AVAILABLE ON OR THROUGH THE SITE) ARE PROVIDED “AS IS” AND WE ARE NOT RESPONSIBLE FOR ITS USE OR MISUSE. ACCESS TO THIS SITE FROM LOCATIONS WHERE THE CONTENT OR SOFTWARE MAY BE ILLEGAL IS PROHIBITED AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS. YOU ARE ALSO RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ASSURE THAT ANY MATERIAL YOU OBTAIN FROM THIS SITE IS FREE FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE DEVICES.

WITHOUT LIMITING THE GENERALITY OF THE PRECEDING STATEMENTS, WE EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES—WHETHER EXPRESS, IMPLIED, OR STATUTORY—PERTAINING TO THE SITE, CONTENT, AND SOFTWARE. THIS ENCOMPASSES ALL INFORMATION, SERVICES, AND, UNLESS ACCOMPANIED BY A WRITTEN WARRANTY FROM US, PRODUCTS MADE AVAILABLE ON OR THROUGH THE SITE. THESE DISCLAIMED WARRANTIES INCLUDE, BUT ARE NOT LIMITED TO: 

(I) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON)

(II) NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS

(III) ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR SOFTWARE

(IV) PROPER OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS, OR OMISSIONS)

(V) PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY

(VI) THOSE ARISING FROM THE COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

EXCLUSIONS STATED HEREIN MAY NOT BE APPLICABLE UNDER APPLICABLE LAW, AND CERTAIN IMPLIED WARRANTIES MAY NOT BE EXCLUDED. BEHR AND ITS AFFILIATES, ALONG WITH THEIR RESPECTIVE LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AND AGENTS DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE USE OF THE SITE OR THE SOFTWARE, NOR DO THEY GUARANTEE CORRECTION OF DEFECTS OR THE ABSENCE OF VIRUSES OR HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY FOR OBTAINING AND MAINTAINING ALL NECESSARY TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT FOR ACCESSING AND USING THE SITE AND ASSUME ALL ASSOCIATED CHARGES. FURTHERMORE, YOU BEAR ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT MADE BY BEHR OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, SERVICE PROVIDERS, AGENTS, MEMBERS, OR VISITORS—WHETHER ON THE SITE, THE SOFTWARE, OR ELSEWHERE—SHALL CREATE ANY WARRANTY.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE VISTA PAINT CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE VISTA PAINT CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Vista Paint reserves the right, in its sole discretion, to change the Terms under which www.vistapaint.com is offered. The most current version of the Terms will supersede all previous versions. Vista Paint encourages you to periodically review the Terms to stay informed of our updates.