Conditions et modalités
EFFECTIVE DATE: 4/3/2014
ACCEPTANCE OF TERMS
Your agreement with UL to use the Site will always include, at a minimum, the terms and conditions set forth herein. These shall be referred to as the "Master Terms." If you register to be a member or paid subscriber, in addition to these Master Terms, your agreement with UL will also include the terms and conditions in the sections entitled Members Only Terms and Subscribers Only Terms and these shall be referred to as the Additional Terms. If there is any conflict between these Master Terms and any Additional Terms, then the Additional Terms shall take precedence with respect to that service.
The Master Terms and Additional Terms shall collectively be referred to as the "Terms."
ELECTRONIC SIGNATURE AND DISCLOSURE CONSENT NOTICE
You agree to the use of electronic documents and records in connection with your registration for the Site and all future documents and records in connection with the Site including without limitation this electronic signature and disclosure noticeand that this use satisfies any requirement that we provide you these documents and their content in writing. If you do not agree, do not accept these Terms. To receive or access electronic documents and records, you must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports 128-bit SSL encryption, such as Microsoft Internet Explorer 8 and higher, Firefox 20 and higher, Chrome 25 and higher; and (c) software that permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reader 8.0 or higher, Microsoft Office, and email. To retain documents and records, your device must have the ability to download and store PDF files. Your access to this page verifies that your system and device meets the above receipt, access, and retention requirements. Your clicking on the "Login" button indicates your signature and your acceptance of this notice and these Terms.
LANGUAGE OF THE TERMS
Where UL has provided you with a translation of the English version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with UL. If there is any conflict between the English language version of the Terms and a translation, then the English language version shall take precedence.
CHANGES TO TERMS
UL reserves the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting to the Site, and we will note near the top of this page the date that such changes were made and/or when they become effective. Your continued use of the Site after such posting shall be deemed to constitute acceptance by you of the changes. Also, UL may change or discontinue any aspect, service, online program or feature of or on the Site, including the ability to search and access technical product documents, to order product samples on line directly from product suppliers and to request direct technical assistance from product suppliers (collectively, the "Services") at any time as we refine, add or remove features (e.g., content, availability, functionality, etc.).
HOW YOU MAY USE THE SITE
You agree to use the Site only for lawful purposes and as permitted by these terms and conditions, and not to engage in any conduct that restricts or inhibits any other user from using or enjoying the Site. You shall not post on or transmit through the Site: any defamatory or abusive statements; statements that threaten the persons of others; advertising or other forms of solicitation; or statements that are bigoted, hateful, racially offensive, or that endorse or advocate illegal activity. You agree not to engage in any conduct in connection with your use of the Site that is anti-competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Site or its functionality. You shall not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature.
SUGGESTIONS SUBMITTED TO UL THROUGH THE SITE
By submitting ideas, suggestions, documents, and/or proposals ("Suggestions") to UL through its suggestion or feedback pages, by email, or by phone or by otherwise providing Suggestions to UL, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) UL is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) UL may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) UL may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of UL without any obligation of UL to you and you hereby assign to UL all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from UL under any circumstances.
The materials, information and other content contained on the Site ("Content") are proprietary to and owned exclusively by UL, its affiliates and/or third parties. Without limiting the generality of the foregoing, UL and/or its affiliates own copyright in the selection, coordination, arrangement and enhancement of such Content. This Content is protected under federal and state intellectual property laws and international treaties. You acknowledge that you do not acquire any ownership rights in the Content by use of the Site. UL grants you a limited, revocable, non-exclusive and non-transferable license to use and display the Content only on your computing device and only for those limited purposes associated with your interaction with the Site. Except as expressly stated herein, you have no right to copy, download, display, perform, decompile, reverse engineer, reproduce, distribute, transmit, modify, create derivative works of, edit, alter or enhance any of the materials in any manner. You agree not to "link," "frame" or "mirror" the Site, or any Content contained on or accessible from the Site, on or from any other server or device without the advanced written authorization of UL. You also agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Site through harvesting or automated means is strictly prohibited.
This limited license terminates automatically, without notice to you, if you breach any of these terms and conditions. This limited license may also be terminated at any time in ULs sole discretion. You may also terminate this license at any time by ceasing to use the Site. Upon termination, you must immediately stop using the Site and destroy any downloaded and/or printed materials obtained from the Site.
TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
UL, the UL logo, PROSPECTOR, and all related product and service names, design marks and slogans are the proprietary trade names, trademarks, service marks and/or registered domain names of UL or its affiliates. Other trade names, trademarks, service marks and domain names contained on the Site are the intellectual property of their respective owners. Any product, process, or technology described in the materials on the Site may be the subject of other intellectual property rights owned by UL or other parties and are not licensed hereunder. Unless otherwise expressly provided to you in writing by UL, you are not granted any right or license to use any trade name, trademark, patent or other intellectual property right of UL, its affiliates or any other party.
COUNTRY SPECIFIC RESTRICTIONS
The Site is hosted by UL from the United States. UL makes no representation that the Site is appropriate or available for use at other locations outside of the United States. Access to the Site from territories where the Site's content is illegal is prohibited. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country.
CONSENT TO MONITORING AND DISCLOSURE
UL does not endorse any products or services of other parties appearing on, or accessible through, the Site. References on the Site to any such products or services or the inclusion on the Site of links to, or frames of, the web sites or computer systems of any third parties does not constitute or imply an endorsement by UL of such products, services, web sites or systems. UL makes no representation or warranty with respect to, and is not responsible for the quality of, the products, services, web sites or computer systems provided by third parties that may be referred to on, or accessible through, the Site.
DISCLAIMER OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE, ITS CONTENT AND THE INTERNET GENERALLY. THE CONTENT PROVIDED ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW. NEITHER UL NOR ITS AFFILIATES WARRANT THAT THE CONTENT ON THE SITE OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY SYSTEMS, SOFTWARE INFORMATION, OR OTHER MATERIAL ACCESSIBLE ON OR THROUGH THE SITE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS. UL AND ITS AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THE SITE OR OTHER CONTENT ACCESSIBLE THROUGH IT.
UL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON THE SITE, INCLUDING WITHOUT LIMITATION PRODUCT INFORMATION PROVIDED IN TECHNICAL DATASHEETS OR MATERIAL SAFETY DATASHEETS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UL, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OR ACCESSED THROUGH THE SITE OR THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU. IN SUCH STATES, ULS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold UL, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand made by any third party, and to pay as incurred all liability, losses, damages, and other costs associated with the same (including reasonable attorneys' fees), due to or arising out of: (A) Suggestions, product information or other information you submit, post, transmit, modify or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.
Any dispute or disagreement relating to these Terms will be settled by confidential, binding arbitration administered by the International Centre for Dispute Resolution of the American Arbitration Association ("AAA") pursuant to the AAA Commercial Arbitration Rules and the Procedures for Large, Complex Commercial Disputes. The arbitration venue will be Chicago, Illinois, except: (i) if your principal place of business is in Europe, then the venue will be London, UK; and (ii) if your principal place of business is in Asia, Australia or New Zealand, then the venue will be Singapore, Republic of Singapore. The arbitration will be conducted before a panel of three (3) arbitrators. Each arbitrator will be an individual with substantial commercial transactional experience of at least fifteen (15) years in a corporate or judicial legal setting. The arbitration panel will be selected as follows: you and UL will request a list of ten (10) arbitrators drawn from the AAA's panel of commercial arbitrators (to be experienced in and familiar with the AAA's Procedures for Large, Complex Commercial Disputes). From this list, both parties will each choose one arbitrator. After they have been notified of their panel selection, the two (2) arbitrators will agree on a third arbitrator from the list of ten (10), who will be the chair of the panel, and the panel will be final. The decision of the majority of the arbitrators will be the panel's decision. The arbitrators will not have the authority to add change, or disregard any provision in these Terms, award incidental, consequential, or punitive damages (including, but not limited to, loss of use, unjust enrichment, and/or lost profits), or exceed the limitation of liability provided for above. The panel's decision will be binding and judgment on the arbitration award may be entered by a court of competent jurisdiction. Arbitration will be the final remedy for any dispute between us arising out of these Terms, provided, however, that nothing herein shall prevent UL from seeking a court order such as for injunctive relief (in addition to other remedies) to stop or prevent misuse or misappropriation of its trademarks, confidential or proprietary information, or infringement of its intellectual property, in a court of law. All arbitrations shall be conducted in English.
You may have other agreements with UL or its affiliates or subsidiaries not relating to your use of the Site. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with UL that do not relate to your use of the Site. Please review the terms of those other agreements as they govern your relationship with UL and additional services that may be provided by UL through this Site.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER AND SEVERABILITY OF TERMS
The failure of UL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
ADDITIONAL TERMS FOR MEMBERS AND SUBSCRIBERS
MEMBERS ONLY TERMS
This section states the additional terms and conditions under which UL provides access to members, those individuals that choose to register with UL to use the enhanced features on the Site ("Members") and shall be referred to as the ("Members Only Section"). These terms and conditions shall be referred to as the "Members Only Terms" and constitute an agreement between Member and UL.
RELATIONSHIP TO MASTER TERMS
The Members Only Terms are in addition to the Master Terms and together such terms and conditions govern Member's use of the Site and any Services. Any reference to "you" or "your" in the Master Terms shall be deemed a reference to Member. In the event of a conflict between these Members Only Terms and the Master Terms, the Members Only Terms shall govern. To the extent reasonably possible, the Master Terms and Members Only Terms shall be construed in such a manner so as to give practical and legal effect to both sections.
MEMBER'S PROFESSIONAL INFORMATION
All Members will be required to submit information to UL that identifies the Member's professional role, such as Member's name, company or industry affiliations, employment position and title, physical location, phone numbers, mailing addresses, and email addresses ("Member's Professional Information") via the Site registration pages in order to gain access to the Members Only Section or to use certain Services ("Member Registration Pages").
Member represents and warrants to UL that all of Member's Professional Information disclosed on the Member Registration Pages is true, complete and accurate as of the date provided to UL. Without limiting the generality of the foregoing representation and warranty, Member represents and warrants that he/she has provided true, complete and accurate information regarding Member's profession and has disclosed all of Member's employment affiliations and relationships including (a) Member's relationship as an employee, agent and/or contractor for each employer, and (b) Member's affiliation with other employers through an ownership interest in or joint venture relationship or similar relationship with those employers. Member agrees to promptly update Member's Professional Information during the term of this Agreement in the event Member's affiliations or relationships with employers change or as otherwise necessary to keep Member's Professional Information accurate and complete.
SHARING OF MEMBER'S PROFESSIONAL INFORMATION
UL reserves the right, without notice to Member, to share all of Member's Professional Information with any product supplier whose information, documents or materials are accessed by Member on or through the Site. Member hereby consents to the disclosure of Member's Professional Information to such product suppliers and acknowledges that, once this information is disclosed to those suppliers, UL will have no control over, nor will UL be responsible for, the use or further disclosure of Member's Professional Information by any product suppliers.
RESTRICTED ACCESS TO CERTAIN INFORMATION
Depending on Member's position, profession and relationships or affiliations with product suppliers or other employers, UL may in its sole discretion restrict Member's access to certain technical product documents and/or other information of product suppliers who list their product offerings on the Site. These restrictions will be imposed in response to the unilateral request of product suppliers, who for competitive or other reasons wish to protect such information from access or disclosure to certain product suppliers or employers or other parties who have been granted access to the Site. These restrictions may be imposed by UL and implemented on the Site or by product suppliers within their own web sites or computer systems. Member agrees to abide by any restrictions imposed on Member's access to such documents and information and shall not attempt in any manner to circumvent those restrictions.
MEMBER LOGIN PROCEDURE
In order to access the Members Only Section and to use certain Services, Members will be required to enter a user name and password on the logon page of the Members Only Section. Member shall access the Members Only Section only though the logon page provided by UL and shall not permit any other person or entity to log onto the Members Only Section using Member's user name or password. Member shall ensure that he/she logs off from his/her account at the end of each session in the Members Only Section. Member agrees not to disclose Member's user name or password to any other person or entity and shall hold Member's user name and password in confidence during the term of this Agreement. In the event Member determines that another party has gained access to Member's password or user name, or that another party has accessed the Members Only Section using Member's user name or password, Member shall immediately notify UL of such access. In such event, UL shall delete Member's old user name and password and, in its sole discretion, issue a new user name and password to Member.
ACCURACY OF CONTENT NOT WARRANTED
UL uses reasonable efforts to accurately publish and categorize Product Supplier information and other Content on the Site. However, UL does not guarantee the accuracy or completeness of such Content, nor does UL warrant that the categorization of such Content is correct. Member acknowledges and agrees that he/she is responsible for determining the accuracy and completeness of all Content published on the Site, including without limitation whether the categorization of such Content is correct. In the event Member becomes aware of any material inaccuracy of any Content published or categorized on the Site, Member shall promptly notify UL of such inaccuracy, and UL will take reasonable steps to correct any Content it determines in its sole discretion to be inaccurate or incomplete. UL shall not be responsible for any Content provided by product suppliers or other parties that is accessed through the Site and shall have no obligation to correct any such Content.
LIMITED USE OF INFORMATION
UL grants Member a limited, nontransferable, nonexclusive, revocable right to access the Members Only Section solely for the purpose of using the Services. Member agrees not to (and not allow any third party to) copy, modify, decompile, reverse engineer, create a derivative work of, sell, assign, sublicense, or grant a security interest in, or otherwise transfer any right in or to, the Members Only Section. User may download only a single copy of the screens when he/she is using the Members Only Section for his/her own professional use and use by those affiliates of Member that are disclosed as part of Member's Professional Information. Member is not permitted to further distribute or transfer any portion of the Members Only Section to other parties. You also agree not to access (or attempt to access), or systematically retrieve data from, any part of the Members Only Section through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Members Only Section through harvesting or automated means is strictly prohibited.
SUBSCRIBERS ONLY TERMS
This section states the additional terms and conditions under which UL provides access to subscribers, those individuals that choose to become a Member and purchase a subscription from UL to use gain access to premium features on the Site ("Subscribers").
RELATIONSHIP TO MASTER TERMS AND MEMBERS ONLY TERMS
The Subscribers Only Terms are in addition to the Master Terms and Members Only Terms and all together such terms and conditions govern Subscriber's use of the Site and any Services. Any reference to "you" or "your" in the Master Terms and reference to "Member" in the Members Only Terms shall be deemed a reference to Subscriber. In the event of a conflict between these Subscribers Only Terms, the Master Terms and the Members Only Terms, the Subscribers Only Terms shall govern. To the extent reasonably possible, the Master Terms, Members Only Terms and Subscribers Only Terms shall be construed in such a manner so as to give practical and legal effect to all three sections.
CONDITIONS FOR SUBSCRIBERS
As a Subscriber, you must agree to the payment terms presented to you at the time you sign up on the Site. Subscribers are responsible for taking action prior to monthly renewal if you do not want your subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and must visit your subscription and billing page to find out when your account or subscription is set to renew. Subscriptions recur monthly. Annual subscriptions do not renew automatically and you will receive notices by email and notices posted in the Service notifying you of an upcoming expiration date and renewal terms.
Subscriber is responsible to ensure that the credit card associated with Subscriber's account or subscription is up to date, that information posted in connection with it is accurate, and that Subscriber is authorized to use it. If UL cannot charge your credit card, we may cancel your subscription and you may lose access to the Service and any data associated with your subscription.
CANCELLATION; NO REFUNDS
For security reasons, an email or phone call to the billing vendor is not sufficient to cancel your account or subscription. Subscribers may cancel their subscription at any time by selecting the cancel button on the subscription and billing pages of the Site. Cancellation does not entitle you to a refund. You will continue to have access to the Site with premium Services until the end of your subscription term. UL is not obligated to provide you a refund at any time. If you choose to cancel your account during your subscription term, you will not be refunded in whole or in part. If you choose to downgrade your subscription level during your subscription term, you may be entitled to a pay a lower, pro-rated amount at renewal, but you are not entitled to a cash refund at any time.