Terms of Use

THE DUNN-EDWARDS FOUNDATION™ TERMS OF  USE (OUR TOU.)

INTRODUCTION

 

Dunn-Edwards Foundation (“Dunn-Edwards”), a separate entity from Dunn-Edwards  Corporation, publishes (i) a website at dunnedwardsfoundation.org (our “Website”), and (ii)  certain pages on social media websites used by Dunn-Edwards Foundation, including without  limitation, Facebook, Twitter, YouTube, Instagram, and LinkedIn (collectively, “Social Media,”  with the Dunn-Edwards Foundation pages on Social Media being referred to as our “Social  Media Pages”). Dunn-Edwards Foundation allows content to be displayed on or linked to, from,  or via our Website and Social Media Pages, including, without limitation, posts, blogs, and e newsletters (our Website and our Social Media Pages displaying and/or linking content are,  collectively, our “Sites”).

 

Our Sites are governed by the terms and conditions set forth on our Website in these Terms of  Use. These Terms of Use include the provisions set forth below together with (i) our Privacy  Policy, which you may view by clicking here (our “Privacy Policy”), and (ii) certain additional  terms and conditions that may be disclosed by us to you from time to time (all of which Terms of  Use, Privacy Policy, and additional terms and conditions are, collectively, the “TOU”). Our Sites  include all web pages within our Website and Social Media Pages existing from time to time and  include backup, mirror, replacement, or substitute sites or pages we make available as part of  the services we provide.

 

The entire contents of our Sites and any and all contents displayed, posted, linked, uploaded, or  downloaded to, from, or via our Sites, including without limitation, any and all documents, text,  images, music, sound, photographs, illustrations, icons, graphics, headers, data, information,  software, code, designs, and animations; audio, video, and audio-visual material; art, graphic  material, features, functions, services, activities, promotions, proprietary information, data, and  databases; the selection, sequence, “look and feel,” and arrangements of items; and all  copyrightable or otherwise legally protectable elements, are referred to in the TOU as “Content.”

 

Our Social Media Pages are presented by Dunn-Edwards Foundation; however, Facebook,  Instagram and other Social Media are owned by third parties unaffiliated with Dunn-Edwards  Foundation. The TOU applies to our Sites (consisting of our Website and our Social Media  Pages) only, and you are at all times subject to the additional terms of use, policies, and other  terms and conditions of all third party websites (including Social Media) (collectively, “Third  Party Website Terms”) where our Social Media Pages and other Content may appear. In this  regard, Dunn-Edwards Foundation is not responsible for any Third Party Website Terms,  including those that may be linked to or by our Sites. Accordingly, we urge you to review the  Third Party Website Terms of all such third party websites (including Social Media) that you  visit. Dunn-Edwards Foundation does not endorse and is not responsible for any ads or other  Content that third party websites (including Social Media) may place on our Sites (including our  Social Media Pages) or elsewhere.

 

By using, visiting, or browsing any of our Sites, you accept, without limitation or qualification, the  TOU, including, without limitation, the terms of our Privacy Policy. If you do not agree to the 

 

TOU (including our Privacy Policy), please do not use our services or visit our Sites. The TOU  (including our Privacy Policy) constitutes a legally binding agreement between you and Dunn Edwards Foundation. 

 

CHANGES TO TERMS OF USE 

Dunn-Edwards Foundation may at any time change the TOU (including, without limitation, our  Privacy Policy) by posting an updated TOU on our Website, and any such change in the TOU  shall be binding on you for all transactions or matters that are effected or arise after such  posting. Therefore, we recommend that you review the TOU carefully each time you visit our  Sites. 

 

LIMITATIONS OF USE 

You must be 18 years of age or older to access our Sites or use our services. YOUR ONLINE ACCOUNT 

 

Our Sites may allow you to create and register for an online account to access Content. As part  of the process of registering for an account, you may choose a username, email address, one or  more security questions/answers, and/or a password (or we may assign an initial password,  which we will give you the option to change). All or part of this information may be used by  Dunn-Edwards Foundation from time to time on our Sites or in other communications with you  to confirm your identity. 

 

Dunn-Edwards Foundation is pleased to permit you to have online access to Dunn-Edwards  Foundation’ point-of-sale receipts, invoices, statements of account, account balances, account  payment history, and related information by registering for an online account at our Website, as  well as the ability to make a payment on your credit account (if you have one). Once you  establish your online account, you may choose to opt-out of receiving paper invoices and  account statements. By opting-out, you acknowledge and agree that you will no longer receive  any Dunn-Edwards Foundation paper invoices or statements of account and that you will  instead be responsible for viewing and being aware of such invoices, statements of account,  and related information in your online account. In this regard, you may be notified by email  whenever a new Dunn-Edwards Foundation invoice or statement of account is available for you  to view and print at our Website. In connection with viewing your invoices and statements of  account at our Website, you may also be able to view and print copies of your point-of-sale  receipts. 

 

By using your online account on our Sites, you agree that your account information will always  be complete, accurate, and up-to-date. You will also be responsible for any activities that occur  under your account. You should limit access to your account to the persons and access levels  that you deem to be appropriate. Dunn-Edwards Foundation is not responsible for anyone  whose access may have exceeded your authorization, and any activities that occur under your  Dunn-Edwards Foundation account will be considered authorized by you. 

 

In this regard, you are responsible for maintaining the confidentiality of any username, email  address, security answers, password, and other personal information. We are not liable for any  harm caused or related to the disclosure, theft, or misappropriation of your personal information  or invoices, statements of account, account balance, account payment history, point-of-sale  receipts, or any other information about you, or your authorization of anyone else to access or use any of your personal information or other information relating to you, 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 personal information or other information about you or any need to  deactivate any of your personal information due to security or other concerns. You can change  your password and security questions and answers as often as you like by contacting us as set  forth in the Contacting Us section below, and for security reasons, you are encouraged to do so.  Do not leave your computer unattended when logged into your account. When you are finished  using our Sites, log out completely and close your browser. Remember, never disclose your  confidential account information on Social Media or on our Social Media Pages. 

 

COMMERCIAL EMAILS 

You may periodically receive commercial emails from us. You will always have the option to  unsubscribe from receiving commercial emails (as further described in our Privacy Policy). 

 

MERCHANDISE SALES 

To order any merchandise from the Dunn-Edwards Foundation Foundation, please visit dunnedwardsfoundation.org.  

 

All sales of Dunn-Edwards Foundation products are governed by our Consumer Online Terms  of Sale (“COTOS”), which can be accessed by clicking here. The COTOS has control over any  conflicting terms in any other document or communication from you to us. Dunn-Edwards  Foundation may at any time revise the COTOS. You are bound by any such revisions and  should therefore periodically visit our Website to determine the then current COTOS to which  you are bound. 

 

PROPRIETARY RIGHTS TO THE CONTENT 

The Content is subject to trademark, tradename, copyright, or other intellectual property  (collectively, “Intellectual Property”) rights or licenses held by Dunn-Edwards Foundation or by  third parties. Except as otherwise expressly authorized in the TOU, you may not use, copy,  modify, or create derivative works of the Content, or distribute, publish, transmit, reuse, or  repost the Content in any manner, or sell or attempt to sell the Content. 

 

USE LICENSE AND ASSIGNMENT OF RIGHTS

Dunn-Edwards Foundation grants you permission to view, link, display, post, share with third  parties, and print individual pages containing Content that we generate from or allow on our  Sites for your own personal use, provided that (with the exceptions expressly authorized  elsewhere in the TOU) you retain all copyright, trademark, proprietary, or other Intellectual  Property notices contained on such pages and comply and cause third parties with whom you  share our Sites and/or Content to comply with the TOU. Dunn-Edwards Foundation reserves  complete title and full Intellectual Property rights in any Content that download from our Sites. You hereby assign and agree to assign to Dunn-Edwards Foundation Corporation all right, title  and interest, including all intellectual property rights, in any Content you upload to our Sites. 

As a further condition of your use of Content that we generate from or allow on our Sites, you  represent and warrant to Dunn-Edwards Foundation that you will not use such Content or our  Sites for any purpose that is unlawful, immoral, or prohibited by the TOU, and that you will  ensure that any posts, links, communications, advertising materials, form contracts, or other documents or materials you generate or display using any of the tools on our Sites fully comply  with the provisions of the TOU and with all applicable laws, including your avoidance of the  following: (i) misrepresenting the existence, authorizing state, or number of a contractor’s  license or identity of a user, (ii) tampering with our Sites, and (iii) conducting fraudulent  activities. 

 

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT 

We take claims of copyright infringement seriously. We will respond to notices of alleged  copyright infringement that comply with applicable law. If you believe any materials accessible  on or from our Sites infringe your copyright, you may request removal of those materials (or  access to them) from our Sites by submitting written notification to our copyright agent  designated below. In accordance with the Online Copyright Infringement Liability Limitation Act  of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the  “DMCA Notice”) must include substantially the following: 

  • Your physical or electronic signature. 
  • Identification of the copyrighted work you believe to have been infringed or, if the claim  involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner  to allow us to locate that material. 
  • Adequate information by which we can contact you (including your name, postal  address, telephone number, and, if available, email address). 
  • A statement that you have a good faith belief that use of the copyrighted material is not  authorized by the copyright owner, its agent, or the law. 
  • A statement that the information in the written notice is accurate. 
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the  copyright owner. 

 

Our designated copyright agent to receive DMCA Notices is: 

Jenna F. Karadbil, Esq., CIPP/US 

Law Offices of Jenna F. Karadbil, P.C. 

375 Greenwich Street, Suite 812 

New York, New York 10013 

Phone: (646) 527-7323 

Email: D-E_DMCA@jfk-lawyer.com 

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA  Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on our  Sites is infringing your copyright, you may be held liable for damages (including costs and  attorneys’ fees) under Section 512(f) of the DMCA. 

 

COUNTER NOTIFICATION PROCEDURES 

If you believe that material you posted on our Sites was removed or access to it was disabled by  mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA,  the Counter Notice must include substantially the following: 

 

  • Your physical or electronic signature. 
  • An identification of the material that has been removed or to which access has been  disabled and the location at which the material appeared before it was removed or  access disabled. 
  • Adequate information by which we can contact you (including your name, postal  address, telephone number, and, if available, email address). 
  • A statement under penalty of perjury by you that you have a good faith belief that the  material identified above was removed or disabled as a result of a mistake or  misidentification of the material to be removed or disabled. 
  • A statement that you will consent to the jurisdiction of the Federal District Court for the  judicial district in which your address is located (or if you reside outside the United  States for any judicial district in which our Site(s) in question may be found) and that you  will accept service from the person (or an agent of that person) who provided the  complaint at issue. 

 

Our designated agent to receive Counter Notices is: 

Jenna F. Karadbil, Esq., CIPP/US 

Law Offices of Jenna F. Karadbil, P.C. 

375 Greenwich Street, Suite 812 

New York, New York 10013 

Phone: (646) 527-7323 

Email: D-E_DMCA@jfk-lawyer.com 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice  does not file a court action against you within ten business days of receiving the copy of your  Counter Notice. 

 

Please be aware that if you knowingly materially misrepresent that material or activity on our  Sites was removed or disabled by mistake or misidentification, you may be held liable for  damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

 

REPEAT INFRINGERS 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users  who are repeat infringers. 

 

TRADEMARKS

Dunn-Edwards Foundation aggressively enforces its Intellectual Property rights to the fullest  extent of the law. The trademark “Dunn-Edwards Foundation,” the Dunn-Edwards Foundation logo, and the other Dunn-Edwards Foundation Intellectual Property may not be used in any  way, whether in advertising or publicity pertaining to distribution of products listed on our Sites  or otherwise, without the prior written permission of Dunn-Edwards Foundation. Dunn-Edwards  Foundation prohibits use of any Dunn-Edwards Foundation Intellectual Property as part of a link  to or from any website or Social Media unless establishment of such a link is approved in  advance by Dunn-Edwards Foundation in writing. If you wish to propose the establishment of such a link, please use our Contact Us form to send us an email. Other product and company  names mentioned in our Sites may be the Intellectual Property of their respective owners.

 

Set forth below is a partial listing of Dunn-Edwards Foundation’ registered and unregistered  trademarks:

 

REGISTERED TRADEMARKS: 

 

DUNN-EDWARDS FOUNDATION® 

The absence of a trademark, service mark, or logo from this list does not constitute a waiver of  Dunn-Edwards Foundation’ Intellectual Property rights concerning that trademark, service mark,  or logo. 

 

YOUR CONDUCT

Our Sites may from time to time contain Content that includes e-newsletters, blogs, bulletin  board services, news groups, forums, communities, calendars, and/or other media designed to  enable you to communicate with the public at large or with a group. You agree that when using  Content in connection with our Sites, you will display, link, post, send, and receive messages  and material that are appropriate and lawful. By way of example, and not as a limitation, you  agree that when using Content in connection with our Sites you will not: 

  • Upload, download, link, display, post, email, or otherwise transmit any Content that is  unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous,  invasive of another’s privacy, hateful, or racially or ethnically inciting. 
  • Harm minors in any way. 
  • Post untrue, inaccurate, outdated, or incomplete information about yourself or others or  impersonate any person or entity, including, but not limited to, a Dunn-Edwards  Foundation employee, agent, forum leader, guide, or host, or falsely state or otherwise  misrepresent your affiliation with a person or entity. 
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any  Content transmitted through our Sites. 
  • Upload, download, link, post, email, or otherwise transmit any Content that you do not  have a right to transmit under any law or under contractual or fiduciary relationships  (such as inside information, trade secrets, or proprietary or confidential information  learned or disclosed as part of employment relationships or under nondisclosure  agreements). 
  • Upload, download, link, post, email, or otherwise transmit any Content that infringes any  Intellectual Property or trade secret of any party. 
  • Upload, download, link, post, email, or otherwise transmit any unsolicited or  unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,”  “pyramid schemes,” or any other form of solicitation, except in those areas that may be  expressly designated for such purpose. 
  • Upload, download, link, post, email, or otherwise transmit any material that contains  software viruses or any other computer code, files, or programs designed to interrupt,  destroy, or limit the functionality of any computer software or hardware or  telecommunications equipment.
  • Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of  our Sites are able to type, or otherwise act in a manner that negatively affects other  users’ ability to engage in real time exchanges. 
  • Interfere with or disrupt our Sites or servers or networks connected to our Sites, or  disobey any requirements, procedures, policies, or regulations of networks connected to our Sites. 
  • Intentionally or unintentionally violate any applicable local, state, national, or  international law, including but not limited to, regulations promulgated by the U.S.  Securities and Exchange Commission, any rules of any national or other securities  exchange, including, without limitation, the New York Stock Exchange, the American  Stock Exchange, or the NASDAQ, and any regulations having the force of law. • “Stalk” or otherwise harass another. 
  • Collect or store personal data about other users or harvest or otherwise collect  information about others, including email addresses, without their consent. 

 

You acknowledge that Dunn-Edwards Foundation reserves the right (but may elect not) to pre screen or monitor your or third-party Content. In this regard, Dunn-Edwards Foundation and its  designees will have the right (but not the obligation) in their sole discretion to refuse your access  to or remove any Content that is available via our Sites. Without limiting the foregoing, Dunn Edwards Foundation and its designees will have the right to remove any Content that violates  the TOU or is otherwise objectionable. 

 

You agree that you must evaluate, and bear all risks associated with, the use of any Content,  including any reliance on the accuracy, completeness, or usefulness of such Content. In this  regard, you acknowledge that you may not rely on any Content created by Dunn-Edwards  Foundation, submitted to Dunn-Edwards Foundation, or in any other parts of our Sites. 

 

If you believe that any Content on our Sites violates the TOU, please feel free to contact us at  the locations described in the “Contacting Us” paragraph set forth in the TOU. We reserve the  right to take or refrain from taking any steps available to us once we receive any such  information.

 

OUR COMMITMENT TO ACCESSIBILITY 

Dunn-Edwards Foundation strives to make the Content and services on our Website as  accessible as is practicable in support of the mission of the World Wide Web Consortium’s Web  Accessibility Initiative, which is to lead the web to its full potential, including promoting a high  degree of usability for people with disabilities. If you have questions or concerns about the  accessibility of our services, please use our Contact Us form to send us an email. 

 

ERRORS ON OUR SITES 

As is indicated in the disclaimer set forth below, Dunn-Edwards Foundation does not guarantee  that the information contained on our Sites will be free of errors, inaccuracies, or omissions.  Such errors, inaccuracies, or omissions may relate to product descriptions or availability, or to  any other matters referenced on our Sites. Dunn-Edwards Foundation reserves the right to  correct any error, inaccuracy, or omission or to change or update any product descriptions,  product specifications, or other information on our Sites at any time without prior notice to you. 

 

DISCLAIMER OF WARRANTIES

THE CONTENT ON OUR SITES IS PROVIDED AND USED “AS IS.” DUNN-EDWARDS  FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR  IMPLIED, AS TO SUCH CONTENT, AND DUNN-EDWARDS FOUNDATION SPECIFICALLY  DISCLAIMS AND NEGATES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT  LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY  RIGHTS OF OTHERS. DUNN-EDWARDS FOUNDATION DOES NOT WARRANT THAT THE  USE OF ALL OR ANY PORTION OR FUNCTION OF OUR SITES WILL BE UNINTERRUPTED  OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE  SERVERS THAT MAKE THEM AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. FURTHER, DUNN-EDWARDS FOUNDATION DOES  NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY,  LIKELY RESULTS, OR RELIABILITY OF THE CONTENT ON OUR SITES, OR ON ANY  WEBSITES OR SOCIAL MEDIA LINKED TO OUR SITES, OR OTHERWISE RELATING TO  SUCH CONTENT. ANY SALES TOOLS, BUSINESS FORMS, CONTRACT FORMS, LEGAL  INFORMATION OR MATERIALS, E-NEWSLETTERS OR BLOGS, OR OTHER CONTENT  THAT ARE INCLUDED ON OUR SITES ARE INCLUDED FOR YOUR CONSIDERATION  ONLY, AND NO REPRESENTATION OR RECOMMENDATION IS MADE BY DUNN EDWARDS FOUNDATION OR BY ANY OF ITS AGENTS, EMPLOYEES, OR LAWYERS AS  TO THE LEGAL SUFFICIENCY, ACCURACY, OR LEGAL EFFECT OF SUCH CONTENT. ANY  PERSON USING OR REVIEWING SUCH CONTENT IS URGED TO SEEK THE ADVICE OF  HIS OR HER OWN LEGAL AND OTHER COUNSEL BEFORE USING OR RELYING ON THE  SAME. 

 

EXCLUSIONS OF LIABILITY 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER DUNN EDWARDS FOUNDATION NOR DUNN-EDWARDS FOUNDATION’ AGENTS, EMPLOYEES,  OFFICERS, DIRECTORS, OWNERS, AFFILIATES, LAWYERS, SUCCESSORS, OR ASSIGNS  (DUNN-EDWARDS FOUNDATION AND SUCH OTHER PERSONS ARE, COLLECTIVELY,  THE “DUNN-EDWARDS FOUNDATION GROUP”) SHALL HAVE ANY LIABILITY OR  RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON OUR SITES,  FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR SITES, OR FOR ANY  DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN  CONNECTION WITH OUR SITES. YOUR USE OF OUR SITES IS AT YOUR OWN RISK. IN  NO EVENT SHALL ANY OR ALL OF THE DUNN-EDWARDS FOUNDATION GROUP BE  LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,  CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED  WITH OUR SITES, INCLUDING WITHOUT LIMITATION, YOUR USE OF, DELAYS IN, OR  INABILITY TO USE OUR SITES, WHETHER BASED ON CONTRACT, TORT, STRICT  LIABILITY, OR OTHERWISE, EVEN IF DUNN-EDWARDS FOUNDATION HAS PREVIOUSLY  BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT  PERMISSIBLE BY APPLICABLE LAW, NONE OF THE DUNN-EDWARDS FOUNDATION GROUP SHALL BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY  SECURITY BREACHES WITH RESPECT TO OUR SITES OR SOMEONE ELSE VIEWING OR  USING YOUR PASSWORD, YOUR ACCOUNT, YOUR ACCOUNT INFORMATION, OR ANY  OTHER INFORMATION ABOUT YOU IN CONNECTION WITH OUR SITES, EITHER WITH  OR WITHOUT YOUR KNOWLEDGE AND EITHER WITH OR WITHOUT THE FAULT OF ANY  MEMBER OF THE DUNN-EDWARDS FOUNDATION GROUP. 

 

SOME STATES AND/OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR  LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IF ANY EXCLUSION  OR LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW,  THE DUNN-EDWARDS FOUNDATION GROUP SHALL BE ENTITLED TO THE MAXIMUM  DISCLAIMERS AND LIMITATIONS PERMITTED. 

 

INDEMNIFICATION 

YOU SHALL PROMPTLY AND FULLY PROTECT, INDEMNIFY AND DEFEND THE DUNN EDWARDS FOUNDATION GROUP AGAINST ANY DEMANDS, CLAIMS, OR ACTIONS  BROUGHT AGAINST ANY OF THE DUNN-EDWARDS FOUNDATION GROUP ARISING AS A  RESULT OF ANY FEEDBACK FROM YOU, COMMUNICATIONS FROM YOU OR SOMEONE  ELSE UNDER YOUR ONLINE ACCOUNT, USER NAME, SECURITY QUESTIONS AND  ANSWERS, PASSWORD, EMAIL, OR OTHER PERSONAL INFORMATION OR  INFORMATION RELATING TO YOU, USE BY YOU OF OUR SITES, USE, GENERATION,  POSTING OR DISPLAYING BY YOU OF ANY CONTENT, OR ANY VIOLATION BY YOU OF  THE TOU (INCLUDING WITHOUT LIMITATION, OUR PRIVACY POLICY) (EACH, A “CLAIM”),  AND YOU SHALL PROMPTLY AND FULLY INDEMNIFY AND HOLD HARMLESS ALL OF  THE DUNN-EDWARDS FOUNDATION GROUP FROM AND AGAINST ANY AND ALL  LOSSES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND  COSTS) RESULTING FROM ANY SUCH CLAIM. 

 

RIGHT TO TERMINATE 

We have the right to discontinue, suspend, or terminate your use of our Sites at any time, with  or without cause for any reason or for no reason and without any liability to you, including  without limitation, any time we determine, in our sole judgment, that you or your use of our Sites  may violate the TOU or applicable law. 

 

CONTACTING US 

If you have any questions about our Sites, the TOU, the Privacy Policy, or the TOS, or if you  wish to contact Dunn-Edwards Foundation for any reason, please call us at (888) DE  PAINT®(1-888-337-2468), use our Contact Us form to send us an email or write to us at: 

Dunn-Edwards Foundation 

CEO 

6119 E. Washington Blvd. Office 251 

Commerce, CA 90040 

 

Although Dunn-Edwards Foundation anticipates that it will in most circumstances receive your  communications through one of the contact points provided above, Dunn-Edwards Foundation does not guarantee that it will receive all such communications timely and accurately, and it  shall not be legally obligated to read, act on, or respond to any such email or other information.  Be aware that email communications typically are not secure. 

 

GENERAL 

You agree that the TOU (including, without limitation, our Privacy Policy and any other terms  and conditions that we may disclose to you from time to time) and your use of our Sites are  governed by the laws of the State of California, USA (without reference to any conflicts of laws  principles). You hereby consent to the jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Los Angeles County, California, USA in all  disputes arising out of, relating to, or concerning our Sites and/or the TOU. 

 

Any claim, dispute, or controversy arising out of, relating to, or concerning our Sites and/or the  TOU (including, without limitation, our Privacy Policy) shall be decided by binding arbitration in  Los Angeles County, California, USA in accordance with the Rules of the American Arbitration  Association, and judgment on any award of the arbitrator(s) may be entered by any court of competent jurisdiction. However, any party may seek preliminary injunctions, temporary  restraining orders, or other provisional remedies in any court of appropriate jurisdiction, as  provided in California Code of Civil Procedure Section 1281.8. 

 

YOU MAY ONLY RESOLVE DISPUTES WITH DUNN-EDWARDS FOUNDATION ON AN  INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF, CLASS  REPRESENTATIVE, OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR  REPRESENTATIVE ACTION. YOU ACKNOWLEDGE AND AGREE THAT CLASS  ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND  CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS ARE NOT PERMITTED. 

 

Dunn-Edwards Foundation has endeavored to comply with all legal requirements known to it in  creating and maintaining our Sites, but makes no representation that information on our Sites is  appropriate or available for use in any particular jurisdiction. Use of our Sites is unauthorized in  

any jurisdiction where all or any portion of our Sites may violate any legal requirements, and you  agree not to access our Sites in any such jurisdiction. You are responsible for compliance with  applicable laws. 

 

Specifically, you agree to comply with all applicable laws regarding the transmission of technical  data exported from the United States or the jurisdiction in which you reside and to comply with  any other local laws affecting the transmission or posting of Content or affecting the privacy of persons.

 

If any provision of the TOU is invalid or unenforceable under applicable law, the invalid or  unenforceable provision will be deemed superseded by a valid, enforceable provision that most  closely matches the intent of the original provision, and the other provisions of the TOU shall  remain in full force and effect.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between  you and Dunn-Edwards Foundation as a result of the TOU or your use of our Sites. 

 

The performance of Dunn-Edwards Foundation under the TOU is subject to existing laws and  legal process, and nothing contained in the TOU is in derogation of the right of Dunn-Edwards  Foundation to comply with law enforcement requests or requirements relating to our use of our  Sites or information provided to or gathered by Dunn-Edwards Foundation with respect to such  use.

 

The TOU (including without limitation our Privacy Policy) and any other terms and conditions  that we may disclose to you from time to time constitute the entire agreement between you and  Dunn-Edwards Foundation with respect to our Sites. The TOU supersedes all prior or  contemporaneous communications and proposals, whether electronic, oral, or written, between  you and Dunn-Edwards Foundation with respect to our Sites or the matters dealt with in the  TOU.

 

Any alleged waiver by Dunn-Edwards Foundation of any breach of the TOU shall not be  deemed to be a waiver of any future breach. 

 

A printed version of the TOU and/or of any notice given by Dunn-Edwards Foundation in  electronic form shall be admissible in judicial or administrative proceedings based upon or  related to the TOU or your/our use of our Sites to the same extent and subject to the same  conditions as other business documents and records originally generated and maintained by  Dunn-Edwards Foundation in printed form. 



The TOU was last modified and is effective as of August 1, 2023. 

 

© 2023 Dunn-Edwards Foundation Corporation. All Rights Reserved.