Member Agreement/Terms and Conditions

 

You must agree to the following terms and conditions of use before you access or otherwise use or participate in the BEHR Online Community.  Your use of this web site constitutes your agreement with BEHR to be bound by, and to act in accordance with, these Terms and Conditions.

 

Notification of Changes

 

BEHR may change or revise these Terms and Conditions from time to time by updating this posting.  Please visit the Terms and Conditions area each time you visit the web site to keep up to date with the current terms regarding your use of the web site.  Your use of the web site reaffirms your continuing agreement to the then-current Terms and Conditions.  Any future changes to these terms and conditions will be posted on the community web site.

 

Confidentiality 

 

Your invitation to participate in the BEHR Online Community is personal and non-transferable. You may not disclose to others any of the information that is disclosed to you, or any ideas or information that are generated in the community.  Your community member name and password are for your use only.  You may not disclose your password to any other person. Your participation implies your agreement to the terms included in the BEHR Privacy Statement.  To view the BEHR Privacy Statement, go to https://www.behr.com/consumer/privacy-policy.

 

Assignment 

 

You irrevocably assign to BEHR all rights to any ideas or expressions of ideas that you provide to the community.  All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to BEHR through this web site will become and remain the exclusive property of BEHR, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated.  This means that you disclaim any proprietary rights in such submissions, that these submissions are, to your best knowledge, yours alone and do not belong to any other third party. You acknowledge that BEHR has unrestricted right to use these submissions (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.   It also means that with the exception of your personal information, BEHR has no obligation to keep your submissions confidential. 

 

With respect to your participation in the BEHR Online Community and with respect to any submissions you may make to the Community, you further release and waive all claims against BEHR with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

 

Code of Conduct

 

You agree not to upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Web Site or are libelous, defamatory or offensive.  You will agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of BEHR.

 

You agree to abide by these rules of conduct:

• Only those who are members of the community may access it.
• Unless specifically told otherwise, you must keep confidential all information that BEHR, other community members, and you share with the community.
• BEHR has the right to use the ideas and information that you put forth in the community.
• You agree not to use behavior that does not support a safe and comfortable environment for all members, or to engage in any proselytizing or commercial activity.
• You agree not to copy or download any copyrighted material.
• You agree to receive emails from the Community regarding Community Activities.
• You understand that no personal information that you post on this site will be sold, traded, shared with other organizations, or used for any purpose other than BEHR consumer research
• BEHR does not endorse the information posted in the community.

 

Membership

 

Your membership in, and access to, the BEHR Online Community is strictly at the discretion of BEHR and may be revoked at any time without cause and without notice. You agree that all terminations for cause shall be made at BEHR’s sole discretion and that BEHR shall not be liable to you or any third party for any termination of your access to the Community. You hereby release BEHR from any and all liability that may arise in connection with your use of the BEHR Online Community.

 

Warranty

 

BEHR does not represent or endorse the correctness, accuracy, reliability or any other aspect of advice, opinion, statement or other information distributed through the BEHR Online Community, and reserves the right to remove any content from the community website that it deems inappropriate.

 

BEHR and/or its subsidiaries, and subcontractors endeavor to maintain this web site and its operation, but are not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, BEHR and/or its subsidiaries and/or subcontractors expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. BEHR makes no warranty that (i) the operation of the web site will meet the user's requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not BEHR) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.

 

Limitation of Liability

 

Under no circumstances shall BEHR, and/or its Parent, subsidiaries and/or subcontractors be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. BEHR and its subsidiaries and subcontractors shall not be liable even if BEHR or a BEHR authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

 

You agree to defend, indemnify and hold BEHR and/or its subsidiaries and subcontractors harmless from any claim or demand made by any third party against BEHR and/or a subsidiary and/or contractor due or arising out of content you submit, post, transmit or otherwise make available through the BEHR Online Community, your connection and participation in the Community, your violation of any rights of another, and/or any breach by you of the provisions of this agreement.

 

Survivorship

 

These Terms and Conditions shall survive any termination of the BEHR Online Community or the termination of your membership on the Online Community.

 

Jurisdiction

 

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles.  You agree to submit to jurisdiction in California and further agree that any cause of action arising under this Agreement may be brought in a court in the Central District of California, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions.  You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

 

Terms of Use

In addition to the terms and conditions above, the BEHR standard terms of use applies. To view the BEHR Privacy Statement, go to https://www.behr.com/consumer/privacy-policy.