THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
1) Eaton and this Website.
You are visiting the website tripplite.eaton.com, which is the property of and is maintained by Eaton (“Eaton,” “we,” “us” or “our”). Eaton is a US company, with its registered address at 10000 Woodward Avenue, Woodridge, Illinois 60517. Eaton’s contact email address is firstname.lastname@example.org.
2.2 Modification of these Terms and Website withdrawal and suspension.
Eaton reserves the right to amend or update these Terms at any time. It is recommended that you consult these Terms regularly because your continued use of this Website constitutes your acceptance of the current version of these Terms. Eaton may withdraw or suspend any portion of this Website at any time and without prior warning.
3) Access to this Website and passwords.
In general, no prior user registration is required to access and use this Website. Certain areas of this Website may require you to register. In the event that registration is required in order to access any portion of this Website, it is your responsibility to maintain the confidentiality of your username and password. You are responsible for all uses of your username or password and all related activities, whether authorized by you or not. You must notify Eaton immediately of any unauthorized use of your account or any violation of the security of this Website, of which you have become aware.
4) Acceptable use of this Website.
Your use of this Website must comply with the following acceptable use policy.
- Protect the personal data of others to whom reference may be made.
- Use the content and services of this Website in accordance with applicable law, these Terms, good practice and public order. You represent and warrant that you will not use this Website for any unlawful purpose or any purpose prohibited by these Terms.
- Do not express political or xenophobic opinions.
- Always respond respectfully to the opinions and comments of others.
- Refrain from abusive activities, defamatory or threatening comments, or comments of a sexual nature.
- Do not make false, inaccurate or incorrect declarations or statements.
- Do not present texts, materials or the opinions of others as your own that may violate the intellectual property rights of others.
- Do not copy, sell, resell or commercially exploit any portion of this Website
- Do not attempt to gain unauthorized access to another user’s account or our Website or services (or to other computer systems or networks connected to or used together with our Website or services), including through breaches of security or authentication, or by disguising the origin of a request;
- Do not destroy, alter, disable or damage in any other way the data, programs or electronic documentation found on this Website.
- Do not obstruct the access of other users through the mass consumption of IT resources provided by Eaton, or carry out actions that damage, disrupt or generate errors in Eaton or third party systems or services.
- Do not create user accounts with false data on behalf of third parties who have not given their express consent.
- Do not introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or are likely to cause any kind of alteration to the IT systems of Eaton or of third parties.
- Do not assist or permit any other person in engaging in any of the prohibited activities described above.
- Do not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute the content of this website (except as may be a result of standard search engine or internet browser usage, or as permitted by Eaton for resellers and product information services).
In addition to your use of this Website generally, Eaton may make available to users, either on this Website or other websites owned by Eaton, interactive areas such as blogs and communication areas between registered users for product related purposes, sharing experiences and knowledge, and debating topics about our products. As permitted by applicable law, Eaton reserves the right, but not the obligation, to unilaterally remove comments and/or materials on any part of this Website when Eaton deems removal appropriate.
Any violation of the acceptable use provisions or these Terms will result in a loss of access rights to this Website as well as possible legal action brought by Eaton against you.
5) Third party links.
These Terms refer solely to this Website and are not applicable to links or third party websites accessible through this Website. The destinations of such links are not under Eaton’s control and Eaton is not responsible for the content of any linked website, for any further links contained in a third-party website accessed through this Website, or for any change or update of such websites. The links are provided for informative purposes only, to inform you of the existence of other information sources regarding a particular topic, and the inclusion of a link in no way represents Eaton’s endorsement of the linked website.
6) Intellectual property.
6.1. Intellectual property ownership and use.
As between you and Eaton, the entire content of this Website, unless otherwise indicated, is the exclusive property of Eaton, including, but not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs, other elements that appear on this Website and all intellectual property rights related thereto. Equally, all of the trade names, trademarks or logos of any kind contained on this Website are protected by law whether or not appearing with a trademark symbol.
Except where otherwise indicated, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any portion of this Website. In addition, reproduction, imitation, dilution or confusing or misleading use of any trade names, trademarks or logos is prohibited. Eaton does not grant you any license or authorization to Eaton’s intellectual property rights, or regarding any other right pertaining to this Website, except for use for your own, individual non-commercial and information purposes. You acknowledge that the reproduction, distribution, commercialization, transformation, and, in general, any other form of exploitation, by any means, of all or part of the content of this Website, constitutes a breach of Eaton’s, or the applicable owner’s, intellectual property rights.
6.2. User generated content.
In exchange for use of the interactive areas detailed above, and to the extent that your contributions give rise to any intellectual property right interest, hereunder copyright, patent rights, design rights etc., you hereby assign all rights worldwide to the content generated by you to Eaton, meaning that Eaton can use your contributions in any way and for any purpose, including to reproduce, manufacture, copy, adapt, modify, perform, display, publish, sell, broadcast, transmit, or communicate to the public by any means whether now known or unknown and distribute your contributions for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions.
7) Limitation of liability.
7.1. Responsibility for Website use.
You are solely responsible for your use of this Website and any damage that may arise from your use of this Website.
7.2. Responsibility for Website functionality.
Eaton accepts no liability for any interference, omissions, interruptions, computer viruses, telephone faults or disruptions to the operation of the electronic system. Eaton is further exempt from any liability that could derive from delays or stoppages to the operation of this electronic system caused by faults or telephone line or Internet overload, as well as damage caused to third parties by unlawful interference outside of Eaton’s control. Eaton is entitled to temporarily suspend, without prior warning, access to this Website for maintenance, repair, updating or improvement.
7.3. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Eaton OR ANY OF ITS AFFILIATES, PARTNERS, DISTRIBUTORS, COLLABORATORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THIS WEBSITE, YOUR USE OF THIS WEBSITE, OR YOUR INABILITY TO USE THIS WEBSITE EVEN IF Eaton HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
8) Disclaimer of warranties.
Eaton endeavors to provide up-to-date and reliable information on this Website; however, Eaton does not in any way guarantee the absence of errors, inaccuracies and/or omissions in any of the content accessible through this Website. THIS WEBSITE IS PROVIDED “AS IS” AND Eaton MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY USER RELATING IN ANY WAY TO THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Eaton DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Eaton DISCLAIMS ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY; (B) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTIES OF NON-INFRINGEMENT; (D) WARRANTIES RELATING TO THE AVAILABILITY OF THIS WEBSITE; (E) WARRANTIES RELATED TO ACCURACY OF DATA; AND (F) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON PERFORMANCE, OR ANY OTHER ACT OR OMISSION OF Eaton.
You agree to indemnify, defend and hold harmless Eaton, its subsidiaries, affiliates, directors, officers, agents, licensors, distributors, partners and employees, from and against all liabilities, claims and expenses, including attorney’s fees, made by a third party due to or arising out of your use of this Website, your breach of these Terms or any violation of the rights of any third party.
10) Governing law and jurisdiction.
These Terms and the relationship between you and Eaton shall be governed by Illinois law without regard to its conflict of laws principles.
11) Arbitration Agreement and Class Action Waiver
a. Mandatory Binding Arbitration. The parties to these Terms agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of our Site, services, or these Terms. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court for the State of Illinois, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).
Arbitration under these Terms shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address:
10000 Woodward Avenue
Woodridge, Illinois 60517
b. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.
Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
c. Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.
Eaton’s failure to enforce any provision of these Terms shall not be construed as a waiver of Eaton’s right to enforce any of these Terms in the future. You agree that no joint venture, partnership, employment or agency relationship exists based on your use of this Website. These Terms constitute the entire agreement between you and Eaton and supersede any prior communications between you and Eaton. If any portion of these Terms are held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining portion of these Terms shall remain in full force and effect. These Terms may only be modified by (a) Eaton posting revised Terms to this Website, or (b) in a written document signed by Eaton.
13) Contact us.
If you have any questions about these Terms, please contact us by email at email@example.com or by postal mail at:
10000 Woodward Avenue
Woodridge, Illinois 60517
Effective Date: May 25, 2018