Privacy Policy, Terms of Use and Disclaimer

Terms of Use

These Terms of Use, Privacy Policy, and Disclaimers contain important information about this website. Please carefully read the following Terms of Use, Privacy Policy, and Disclaimers before using the Thisoldhousepaint.com Web site. By using our Web site, you agree to these policies. If you do not agree to these terms and policies, you should not use this site. Thisoldhousepaint.com reserves the right, at any time, to modify, alter or update these Terms of Use, Privacy Policy, Return and Refund Policy and Disclaimers you agree to be bound by such modifications, alterations or updates.

Copyright

All content included in our Web site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of The Glidden Company doing business as ICI Paints ("ICI Paints") or its licensors or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content of Thisoldhousepaint.com is the exclusive property of ICI Paints and protected by U.S. and international copyright laws. All software used on Thisoldhousepaint.com is the property of either ICI Paints or its software suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of Thisoldhousepaint.com for the sole purpose of placing an order with Thisoldhousepaint.com or using the Web site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of Thisoldhousepaint.com is strictly prohibited.

Trademarks

This Old House and the Window Logo are the trademarks of This Old House Ventures, Inc. ("TOHV"). Used under license. All other trademarks, logos, service marks and trade names are proprietary to ICI Paints, TOHV, or other respective owners that have granted ICI Paints the right and license to use such intellectual property.

Disclaimer

The information, services, products offered for sale and materials contained in and/or advertised on Thisoldhousepaint.com, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THISOLDHOUSEPAINT.COM, ICI PAINTS, ITS LICENSORS, AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Thisoldhousepaint.com and its licensors and suppliers do not represent or warrant that the information accessible via Thisoldhousepaint.com is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

Product Information

Products displayed on our Web site are available while supplies last. In some cases, merchandise displayed for sale on Thisoldhousepaint.com may not be available in stores. The prices displayed on the Web site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Web site.

User Reviews and Other Comments

All reviews, comments or other submissions provided to Thisoldhousepaint.com on or about this site, or otherwise submitted in connection with your use of the Web site, shall be and remain Thisoldhousepaint.com’s property. Such disclosure, submission or offer of any comments shall be deemed an assignment to Thisoldhousepaint.com of all worldwide rights in all intellectual properties relating to the comments.

You agree that no comments submitted by you to Thisoldhousepaint.com will violate any right of any third party, including copyrights, trademarks, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

You agree that Thisoldhousepaint.com may use and/or disclose information consistent with our Privacy Policy.

Thisoldhousepaint.com’s Electronic Communications to You

You agree that Thisoldhousepaint.com is authorized to transmit electronic mail to you for the purpose of informing you about your particular transaction, the Thisoldhousepaint.com site or Thisoldhousepaint.com’s products or services, or for such other lawful purpose(s) as Thisoldhousepaint.com deems appropriate.

Links to Other Web sites and Services

Thisoldhousepaint.com may contain links to Web sites other than our own. Thisoldhousepaint.com does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Thisoldhousepaint.com does not control the content of these sites and take no responsibility for their content, nor should it be implied that Thisoldhousepaint.com endorses or otherwise recommends such sites or the products or services offered.

Limitation on Liability

IN NO EVENT SHALL ICI PAINTS, THISOLDHOUSEPAINT.COM OR ANY OF ITS LICENSORS, AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THISOLDHOUSEPAINT.COM 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 OR PERFORMANCE OF 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.

Applicable Law

The Thisoldhousepaint.com Web site is created and controlled by Thisoldhousepaint.com in the State of Ohio, U.S. As such, the laws of the State of Ohio will govern these disclaimers, terms of use and privacy policy without giving effect to any principles of conflict of law. We reserve the right to make changes to our Web site and these disclaimers, terms and conditions at any time.

Online Privacy Policy

Your privacy on the internet is important to us at Thisoldhousepaint.com. Our online privacy policy ("Privacy Policy") describes the types of information we gather online and how we use it. Please read this information carefully. If the online information practices of Thisoldhousepaint.com change, we will let you know by posting the Privacy Policy adjustments on our Web site. At that time, we will remind you that you always have the opportunity to opt out of any new use of your Personal Information (as more fully set forth below).

Our policies relating to the transfer of Personal Information from the European Union (“EU”) to the United States are contained in our European Safe Harbor Policy.

Use of Information by Thisoldhousepaint.com

We gather certain types of customer information in an effort to improve your shopping experience and to communicate with you about our products, services, promotions and contests. Thisoldhousepaint.com and ICI Paints may also use this information to make offers to you, help us develop and improve Thisoldhousepaint.com and tailor our site to your interests.

Information Collected by Thisoldhousepaint.com

Thisoldhousepaint.com collects two types of information about users: "Personal Information" (such as name, email address, mailing address, phone number, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to our sites on a daily basis).

Personal Information Collected Online by Thisoldhousepaint.com

Personal Information is collected online when users voluntarily register with Thisoldhousepaint.com to purchase items, receive electronic newsletters, use community and communication services, answer surveys and enter contests and other promotional opportunities provided on Thisoldhousepaint.com, when users make a purchase, and when users utilize the “Email to a Friend” feature. We also maintain a record of your product interests and project information.

Aggregate Information Collected Online by Thisoldhousepaint.com

Aggregate Information is nonpersonally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate Information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who shopped at Thisoldhousepaint.com during a specific time period is Aggregate Information that does not personally identify a specific user. Tracking Internet Protocol (IP) addresses is one method of collecting Aggregate Information about your activities online and information volunteered by you. An IP address is a number that is automatically assigned to your computer whenever you surf the Web. The computers, which deliver the Web pages to you, automatically identify your computer by its IP address. When you request a page from our site, our servers log your IP address.

Sharing Information Collected Online with Third Parties, Service Providers, Consultants and Affiliates

Thisoldhousepaint.com does not share, sell or trade with third parties your Personal Information gathered online, such as email addresses, Personal Information collected as part of an online survey or other specific details about you, except with your consent or as described in this Privacy Policy. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information. For privacy purposes, all information relating to our customers is stored on a secure server.

We may share Personal Information gathered online with our licensors and service providers (for example, a credit card verification service and an order fulfillment service) and consultants or for any internal business purpose. We may also disclose Personal Information if such action is required to enable thisoldhousepaint.com or any of our licensors, service providers or consultants to comply with any valid legal process, such as a subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency. We may also disclose Personal Information if Thisoldhousepaint.com or any of our licensors, service providers or consultants believes that the website has been used to commit unlawful acts or acts that may endanger the health or safety of another user or of the general public.

Thisoldhousepaint.com may share Aggregate Information with affiliates, licensors, service providers and consultants for any internal business purpose and with third parties for their advertising and promotional purposes.

Use of Cookies

A cookie is a small data file that Web sites, when you visit them, often store on your hard drive. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you've visited. Cookies are essential to the functioning of the members only section of this site which will not function if you do not have cookies enabled. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you turn off cookies or refuse them, though, you will not be able to use the members only section of the website and we will be unable to recognize you as a registered user to allow you access to secure areas of this website.

To enable cookies on your browser:

If you are using an earlier version, please contact your software vendor for instructions.

Macs

Safari 1.0

From the Safari Menu, select Preferences.
Select the Security icon.
From the Accept Cookies: box, chose Always or Only from sites you navigate to.

Mac IE 5.x

Click Edit
Select Preferences
Under the Receiving Files option, select Cookies
Under "When receiving cookies:" select the desired level of cookie acceptance
Under "When receiving cookies:" select the desired level of cookie acceptance
Click OK to finish

Windows IE 6.x Browser

Select Tools
Select Internet Options
Select the Privacy tab.
Select Advanced
Select override automatic cookie handling button
Select accept first party, third party, allow session cookies
Click on the OK button to change settings.
Click OK to exit advanced settings.
Click OK to close internet options.
Close your web browser (all windows).
Open web browser and login to the site.

Windows IE 5.x Browser

Go to Tools on the menu bar
Pick Internet Options
Click the Security tab
Select the Custom Level tab
Under "Allow Cookies that are stored on your computer" click "Enable"
Under "Allow per-session cookies (not stored)" click "Enable"
Select OK, Yes you want to save the settings

AOL 8.0

From the AOL Toolbar, select Settings.
Select Preferences
Select Internet Properties (WWW)
Select the Privacy tab
Select Advanced
Deselect override automatic cookie handling button
Click OK to exit.

AOL 7.0 with IE 6.x

From the AOL Toolbar, select Settings.
Select Preferences
Select Internet Properties (WWW)
Select the Privacy tab
Select Advanced
Deselect override automatic cookie handling button
Click OK to exit.

AOL 7.0 with IE 5.5

From the AOL Toolbar, select Settings.
Select Preferences
Select Internet Properties (WWW)
Select the Security tab
Select the Custom Level tab
Under "Allow Cookies that are stored on your computer" click "Enable"
Under "Allow per-session cookies (not stored)" click "Enable"
Select OK, Yes you want to save the settings

Netscape 7.x

Click Edit on the Toolbar.
Click Preferences
Click the Privacy and Security category; expand the list to show the subcategories.
Click Cookies
Three options are displayed. Click the appropriate choice:

Disable cookies
Enable cookies for the originating web site only
Enable all cookies
If you want to be notified when a web site tries to set a cookie, select "Warn me before accepting a cookie."

Netscape 6.x

Click Edit on the Toolbar.
Click Preferences
Click the Privacy and Security category; expand the list to show the subcategories.
Click Cookies
Three options are displayed. Click the appropriate choice:

Disable cookies
Enable cookies for the originating web site only
Enable all cookies
If you want to be notified when a web site tries to set a cookie, select "Warn me before accepting a cookie."

Notice to P3P Users

The Platform for Privacy Preferences Project ("P3P") is a standard developed by the World Wide Web Consortium ("W3C") that provides an automated, machine-readable mechanism for understanding the use of your Personal Information by the Web sites you visit. P3P uses a standardized set of multiple choice questions covering the major elements of a Web site's privacy policy to provide a cross-section of how the particular Web site handles the personally identifiable information of its users. P3P-enabled browsers can automatically read this set of preferences made available by P3P-enabled Web sites and compare this information to the user's own set of privacy preferences. For example, Internet Explorer 6.0 requires third parties to set cookies to deliver P3P "compact" cookie policies with their cookies, and other browsers may use this mechanism soon. To enhance your online experience further, the Glidden Web site is now P3P enabled. For more information on the W3C and P3P, please visit http://www.w3.org/P3P/. Given certain limitations in the parameters chosen by W3C, however, the P3P mechanisms may not describe Thisoldhousepaint.com's privacy practices as accurately as this Privacy Policy. Accordingly, where discrepancies exist between this Privacy Policy and the P3P "compact" policies, this Privacy Policy shall control.

Security and SSL

Protecting your order information is a priority for us. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and the server is secure. You can also double-check by looking at the URL line of your browser. When accessing a secure server, the first characters of the site address will change from "http" to "https." Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through a secure connection. If you cannot access the secure server for any reason, please contact us at thisoldhousepaint@ici.com.

E-mail and Electronic Newsletters

Thisoldhousepaint.com and its affiliates may offer electronic newsletters and emails to those who have provided their email address. You will only receive a newsletter or email if you agree during registration or directly from our newsletter sign-up form to receive these items. Unsubscribe instructions are included in each electronic newsletter and email.

Information Removal

If you prefer not to receive marketing emails from Thisoldhousepaint.com, please let us know by sending us an email at thisoldhousepaint@ici.com. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to thislodhousepaint@ici.com. Please be sure to include in any email or postal mail your full name, email address, postal address and any message.

Please note that such requests may take up to ten (10) days to become effective.

Children and Privacy

Thisoldhousepaint.com is concerned about the safety of children when they use the internet, and understands that children may not understand all the provisions of our Privacy Policy or make informed decisions about the choices that are made available to adult users of the Thisoldhousepaint.com Web site. We encourage parents and guardians to spend time with their children online and to be familiar with the sites their children visit.

The Thisoldhousepaint.com Web site is not directed to children under the age of 13 , and we will never request personally identifiable information from anyone whom we know to be under the age of 13 without verifiable parental consent. If we become aware that a customer is under the age of 13 and has registered without prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

Links to Other Sites

Thisoldhousepaint.com may contain links to sites other than our own. Those sites may have their own privacy policy, or no privacy policy at all. Neither we nor any of our service providers have any responsibility for those sites, and we provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with Thisoldhousepaint.com's Privacy Policy. We encourage you to review the privacy policies and terms of use of any third-party sites or services before providing any of them with any of your Personal Information. Neither Thisoldhousepaint.com nor any of our service providers control the content that appears on these sites or take any responsibility for their content, nor should it be implied that Thisoldhousepaint.com endorses or otherwise recommends such sites or their products or services offered.

Corrections To Personal Information Collected Online

If at any time you wish to change, correct, update or removal of your Personal Information, please send your request to thisoldhousepaint@ici.com. Please be sure to include your email address, full name and postal address.

Additional Information

No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of thisoldhousepaint.com to intercept or access transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither ICI Paints, thisoldhousepaint.com nor any of our service providers can ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk. If you choose to visit our site, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including but not limited to limitations of damages and application of the law of the State of Ohio. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ICI PAINTS OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMATION OR MATERIALS ON THE THISOLDHOUSEPAINT.COM SITE, EVEN IF THISOLDHOUSEPAINT.COM OR ANY OF OUR SERVICE PROVIDERS OR AFFILIATES, OR AN AUTHORIZED REPRESENTATIVE OF THISOLDHOUSEPAINT.COM OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Acceptance of Terms

By using the Web site, you signify your acceptance of and agreement with our Terms of Use, Disclaimers and Privacy Policies with respect to any products you purchase, any project information you submit and any Aggregate and Personal Information collected. If you do not agree to all of these Terms of Use, Disclaimers and Privacy Policies, please do not use the thisoldhousepaint.com Web site. Your continued use of the thisoldhousepaint.com Web site following the posting of changes to these terms will mean that you accept these changes accordingly.

Last modified: February 10, 2005

European Safe Harbor Policy

Any Personal Information collected by us in the Europe Union (“EU”) and transferred to the United States is subject to EU Data Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data (the “EU Data Directive”). As described below in this policy (this “European Safe Harbor Policy”) and in our Privacy Policy, we adhere to the EU Data Directive’s “Safe Harbor Principles.” General information about the Safe Harbor Principles may be found at http://europa.eu.int/comm/internal_market/privacy/index_en.htm.

All Personal Information that we collect will be used only for the purposes described in our Privacy Policy. You should know that you always have the opportunity to choose to have us remove your Personal Information from our database and/or refrain from disclosing such information to any third party. Please send any such opt out requests in writing to ICI Paints, 16651 Sprague Rd. A138, Strongsville, OH 44136.

To the extent that we transfer any Personal Information from the EU to the United States, we take reasonable steps to assure that the information which is transferred is reliable for its intended purpose, accurate, complete, and current. We also take reasonable measures to protection such Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

Any third party that assists us in the processing or maintaining our database of Personal Information is required by us to agree to provide at least the same level of privacy protection as is mandated by the Safe Harbor Principles described in the EU Data Directive.

We are committed to educating our employees, customers, and users about compliance with the EU Data Directive. If you have any questions, concerns, or complaints about our compliance with the EU Data Directive, please contact thisoldhousepaint@ici.com . Our Customer Service Representative will provide details regarding the process to be followed when filing a complaint.

We will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles of the EU Data Directive. Any other controversy or claim arising out of or relating to our adherence to the EU Data Directive, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel should apply New York law, without regard to it conflict of laws principles, as well as the Safe Harbor Enforcement Principle issued by the U.S. Department of Commerce (http://www.export.gov/safeharbor/SHPRINCIPLESFINAL.htm). In addition, the exclusive location for such arbitration shall be New York, NY. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived.

We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington , DC 20580
consumerline@ftc.gov
www.ftc.gov