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Legal Benjamin Moore & Co. Website Terms and Conditions

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Terms and Conditions were last modified and are effective as of May 22, 2009.

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. IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS AND CONDITIONS, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITES, BECAUSE IF YOU CONTINUE YOU WILL BE AGREEING TO ALL THE TERMS AND CONDITIONS THAT ARE DESCRIBED OR REFERRED TO BELOW.

Benjamin Moore & Co. ("Benjamin Moore", "we", "our" or "us") provides various Internet websites (collectively, the "Websites") and these terms and conditions ("Terms of Conditions") represent a legally binding agreement between you and us regarding your use of our Websites. These Terms and Conditions include our Privacy Policy and any other terms and conditions that we notify you of when you use or attempt to use our Websites ("Additional Terms") all of which are incorporated by reference and form a part of our Terms and Conditions for all purposes. Our Websites include all web pages within our Websites 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, individually and/or collectively as "Content" and when we use the term "Websites" it also includes Content unless we specifically say otherwise.

We will refer to users of our Websites, 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, 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 you 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 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, for any purpose, or if you try to do any of these things.

By using our Websites 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, 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 at any time and from time to time by updating or revising this posting and such revisions shall take effect as of the date of posting. If you use any of our Websites 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. The Benjamin Moore Privacy Policy is incorporated into and forms a part of these Terms and Conditions and is part of our agreement with you. Please read it carefully since it describes, among other things, how we collect and use information obtained when you use our Websites.

Ownership and Use of Benjamin Moore Websites and Content

We maintain our Websites for your information, education and entertainment. Our Websites 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 isn't 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 protectible elements of any and all of our Websites.

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, 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 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 and whether we implement them or not.

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 don't read or attempt to understand them) you are agreeing we can treat the Unsolicited Suggestion as our own, without any obligation of confidentiality, without any restrictions or conditions, 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 or re-purpose or do anything or refrain from doing anything with 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

If you are not sure about your rights, consult your legal advisor before submitting anything to us.

Posting

Our Websites 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, harteful 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 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 will 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 may allow you to register and create an account in order to access certain Content on our Websites. 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 will 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 at any time, including any time we determine, in our sole judgment, you or your use of our Websites, 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 (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 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, even if a link on our site allowed you to do so. When you leave our Websites, 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, unless it actually says so and the terms and conditions that apply to you are these Terms and Conditions.

Trademarks

The trademarks, logos, service marks, trade names, graphics, designs, copyrights and other properties (collectively the "Trademarks") displayed on Benjamin Moore's website are protected intellectual properties that are registered and unregistered Trademarks. Nothing contained on Benjamin Moore's website should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Benjamin Moore or such third party that may own the Trademark displayed on Benjamin Moore's website. Your misuse of the Trademarks displayed on Benjamin Moore's website, or any other content on Benjamin Moore's website, 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®
ADVANCED PARTICLE TECHNOLOGY®
AFFINITY®
APT®
AQUAGLO®
AQUAPEARL®
AQUAVELVET®
ARBORCOAT®
AURA®
BEN®
BENJAMIN MOORE®
BENJAMIN MOORE and The Triangle "M" Symbol®
BENJAMIN MOORE CLASSIC COLORS®
BENJAMIN MOORE PAINTS® (SSP Signage)
BENJAMIN MOORE PROCONNECTION®
BENWOOD®
BUNGALOO®
COLOR CAPTURE®
COLOR LOCK®
COLOR MAKEOVER®
COLOR PREVIEW®
COLOR PULSE®
COLOR SELECTION SIMPLIFIED®
COLOR STORIES®
COLORSCAPES®
COLORX®
COME TO WHERE YOU MATTER®
CONCEPTS®
CROWN DEVICE®
DETAILS®
DULAMEL®
ECO SPEC®
FRESH START®
GENNEX®
GREEN PROMISE®
GREEN PROMISE (Hand & Leaf)®
GREEN WITHOUT COMPROMISE®
HUE®
IMPERVEX®
IMPERVO® (Stylized)
INSIDE EDGE®
IRONCLAD® (Stylized)
K&B® (Stylized)
MOORCRAFT®
MOORCRAFT SUPER HIDE®
MOORE'S®
MOORGARD®
MOORGLO® (Stylized)
MOORLASTIC®
MOORLIFE®
MOORWHITE®
MOORWOOD®
MURESCO®
NATURA®
PERSONAL COLOR VIEWER®
PROFILES®
PROFINISH®
QD 30® and design
QUITE SIMPLY THE FINEST PAINT WE'VE EVER MADE®
REGAL®
REGAL FIRST COAT®
RETROSPECTRUM®
SANI-FLAT® and design
SATIN IMPERVO® (Stylized)
STAYS CLEAR®
STUDIO FINISHES®
SUPER CRAFT®
SUPER HIDE®
SUPER SPEC®
SUPER SPEC HP®
TEMPGARD® (Stylized)
THE LEADER IN PAINT & COLOR®
Triangle "M" Symbol®
ULTIMATE®
ULTRA SPEC®
UTILAC®
WALL-GRIP®
WALL-SATIN® (Stylized)

COACHMAN'S CAPE™
COLOR CAFE™
COLORMUSE™
CRUMB CAKE™
DEEP SECRET™
GRAND ENTRANCE™
MOLTEN METALLICS™
NUANCE™
PARISIAN RED™
PERSPECTIVE™
PLASTER OF PARIS™
STRAND OF PEARLS™
SUBWAY TILE™
WALK ON THE BEACH™
WARM & TOASTY™

ECOCOLOR®

BENJAMIN MOORE WEBSITES 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 OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY WEBSITE OR CONTENT IS ACCURATE, COMPLETE OR ERROR FREE. BENJAMIN MOORE IS NEITHER RESPONSIBLE NOR LIABLE FOR 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 AND BY USING ANY OF OUR WEBSITES OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.

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, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM OUR WEBSITES, 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, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, THE DEFENDING PARTY SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL SUCH PARTY'S TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

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.

Choice of Law

These Terms and Conditions shall be construed and enforced under the laws of the State of New Jersey applicable to parties resident in and contracts made, executed and wholly performed within the State of New Jersey. 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 and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to these Terms and Conditions. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE WEBSITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

General Provisions

These Terms and Conditions, together with our Privacy Policy are incorporated by reference and are part of the Benjamin Moore Terms and Conditions as if they were right here. These Terms and Conditions are the entire agreement you have with Benjamin Moore regarding our Websites, Content and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.

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 affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates these Terms and Conditions, including the Privacy Policy, Websites and Content or 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.

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. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of these Terms and Conditions and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to these Terms and Conditions, including the Privacy Policy, Websites, and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

Contact Us

If you have any questions about our Terms and Conditions, please contact us.

© Benjamin Moore & Co., 2014. All Rights Reserved.

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