UL ENVIRONMENT SUSTAINABLE PRODUCT GUIDE TERMS OF USE

UL Environment, Inc. and its subsidiaries and affiliated companies (collectively referred to herein as “ULE”) welcome you to the Sustainable Product Guide (the “SPG”).  ULE provides you with access to the SPG subject to the following Terms of Use (“Terms”).   Please read these Terms carefully before using the SPG.

 

1Acceptance of Terms.

By accessing and using the SPG, you accept and agree to be legally bound by the terms and conditions contained in the Terms. If you do not agree to these Terms, you should not access or use the SPG.

 

  1. Changes to Terms.

ULE 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. Your continued use of the SPG after such posting shall be deemed to constitute acceptance by you of the changes.  Also, ULE may change or discontinue any aspect, service or feature of the SPG (e.g., content, availability, etc.) at any time.

  1. Language of the Terms.

Where ULE has provided you with a translation of English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your usage of the Site.  If there is any contradiction between what the English language version of the Terms say and what a translation says, then the English language version shall take precedence.

2.  Scope of Use.

You may use the SPG to search for information about products which have ULE certification, as well as product information provided by the product manufacturer or distributor.  ULE does not endorse, review or approve any third party products or services or any information, marketing statements, labels or text relating to third party products or services appearing on or accessible through the SPG.  The SPG is provided solely for your personal information and non-commercial use.  The commercial use, reproduction, transmission or distribution of any information, software or other material made available through the SPG without the prior written consent of ULE is strictly prohibited.  You agree to use the Site only for purposes that are lawful and permitted by the Terms.  Without limiting the generality of the foregoing, you acknowledge and agree any of the following activities are strictly prohibited and violate these Terms:

3.  Intellectual Property.

 

You acknowledge that the SPG contains data, information, text, software, logos, slogans, trademarks, trade names, corporate identifiers, and other content (collectively, “Content”) that may be protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Content and all rights therein is the exclusive property of ULE or its clients. Without limiting the generality of the foregoing, ULE owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of the content original to it.  You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express written permission of ULE. You acknowledge that you do not acquire any ownership rights in the Content by use of the SPG.

 

You agree that all of ULE’s trademarks, certification marks, trade names, service marks and other ULE logos and brand features (collectively, “ULE Marks”) are the exclusive property of ULE.  Without ULE’s prior written permission, you agree not to display or use the ULE Marks in any manner.  Without limiting the generality of the foregoing, nothing herein shall be construed as granting you any rights to use any ULE certification marks or other trademarks.

 

4.  Termination.

 

ULE may terminate, limit or suspend your access to the SPG at any time without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any additional terms added by ULE); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the SPG (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in ULE’s sole discretion and that ULE shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the SPG. 

 

5.  Disclaimer of Warranty; Limitation of Liability.

 

YOUR USE OF THE SPG IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ULE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SPG WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) WITH RESPECT TO THE QUALITY, ACCURACY, INTEGRITY AND COMPLETENESS OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SPG; AND (v) THAT ANY PRODUCT INFORMATION, MARKETING LANGUAGE, STATEMENTS, LABELS OR TEXT COMPLIES WITH THE GREEN GUIDES, 15 USC SEC 45 OR OTHER APPLICABLE LAWS AND REGULATIONS.

 

NEITHER ULE, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, UNLAWFUL OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD-PARTIES AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULE, 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 WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.  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.

 

6.  Indemnification.

 

You agree to indemnify and hold ULE, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and customers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (A) your use of the SPG; (B) your violation of these Terms; or (C) your violation of any rights of another. 

 

7.  Arbitration.

 

Any dispute or disagreement relating to the SPG or 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 applicable AAA Commercial Arbitration Rules and the Procedures.  The arbitration venue will be Chicago, Illinois.  The arbitration will be conducted before a panel of three (3) arbitrators.  Each arbitrator will be an individual with substantial experience of at least fifteen (15) years in a corporate or judicial legal setting.  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 term of these Terms, award incidental, consequential, or punitive damages (including, but not limited to, loss of use, unjust enrichment, and/or lost profits), or the limitation of liability and release and waiver described in Section 5 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 the parties arising out of these Terms, provided, however, that nothing herein shall prevent ULE from seeking injunctive relief for misuse or misappropriation of the Content, the ULE Marks, confidential or proprietary information, or for infringement of its intellectual property, in a court of law.  The arbitration shall be conducted in English.

 

8.  International Users.

 

The SPG is administered by ULE from its offices in Northbrook, Illinois, United States.  Any materials published on the SPG may refer to products, programs, or services that are not available in your country.  Consult your local ULE business contact in this regard.  Furthermore, ULE makes no representation that the SPG is appropriate or available for use at other locations outside of the United States.  Access to the SPG from territories where the Site’s content is illegal is prohibited.  You may not use the SPG or export information and materials in violation of the export laws of the United States or any other country.  If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.

 

9.  Miscellaneous. 

  1. Governing Law and Jurisdiction.

 

You and ULE each agree that these Terms and the relationship between the parties shall be

governed by the laws of the state of Illinois, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and ULE, shall be brought exclusively in the courts located in Cook County or the U.S. District Court for the Northern District of Illinois. You and ULE each agree to submit to the exclusive personal jurisdiction of the courts located within Cook County or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

 

  1. Entire Agreement.

 

These Terms (including any additional terms added by ULE) constitute the entire agreement between you and ULE with respect to your use of the SPG, superseding any prior version of these Terms between you and ULE with respect to the SPG.  You agree that, other than ULE’s affiliates and subsidiaries, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

  1. Separate Agreements.

 

You may have other agreements with ULE.  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 ULE.

 

  1. 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 SPG or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

  1. Waiver and Severability of Terms.

 

The failure of ULE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.  A waiver shall not be effective unless in writing and signed by ULE.  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.