|
Terms
of Use
Welcome
to the Woodhead Industries Web site!
This Web site (www.mySST.com,
the “Site”) is operated by Woodhead Industries, Inc. and its
subsidiaries (collectively “Woodhead Industries,” “we” or
“us”) to provide you with information about us, our products, our
company and its history and future plans.
Your use of the Site is governed by and subject to these terms and
conditions of use (this “Agreement”).
Please read this Agreement carefully and thoroughly.
By accessing and using the Site, you agree that you have read and
understand this Agreement, and that you accept and agree to be bound by
the terms and conditions set forth in this Agreement. If you do not agree to the terms and conditions of this
Agreement, please do not continue to access and use the Site.
Changes
to Terms
We
may update this Agreement from time to time, and may amend it at any time
to incorporate additional terms specific to additional features,
materials, products, opportunities or services that we may make available
on or through the Site. All such updates and amendments are effective immediately
upon notice thereof, which we may give by any means, including, but not
limited to, by posting a revised version of this Agreement or other notice
on the Site. You should view this Agreement often to stay informed of changes that
may affect you, as your continued use of the Site signifies your
continuing consent to be bound by the terms of this Agreement.
We expressly reserve the right to make any changes to this
Agreement, or to the Site and its content, at any time without prior
notice to you.
Access
and Use
In
this Agreement, “you” refers to an individual accessing the Site,
regardless of the particular features, materials, opportunities or
services made available on the Site that you choose to browse, use or take
advantage of. To the extent
applicable, “you” also includes the corporation or other legal entity
(your “Company”), if any, on whose behalf you are accessing the Site.
You represent and agree that all information that you provide to
Woodhead Industries in connection with your access to and use of the Site
is and shall be true, accurate and complete to the best of your knowledge,
ability and belief. We
reserve the right to terminate this Agreement or to refuse, restrict or
discontinue service or access to the Site (or any portions, components or
features of the Site) to you or any other person or entity, for any reason
or for no reason whatsoever, at any time, without notice or liability.
Failure to comply with the terms of this Agreement may result in
the immediate termination of your access to and use of the Site.
Privacy
Policy
Information
that you provide or that we collect about you and your Company through
your access to and use of the Site is subject to our Privacy
Policy the
terms of which are hereby incorporated into this Agreement by reference.
We encourage you to read and become familiar with our privacy
practices, as described in our Privacy Policy.
To review our Privacy Policy, please click here.
Security
Woodhead
Industries takes commercially reasonable measures to secure and protect
information transmitted to and from the Site, however we cannot and do not
guarantee that any such communications, or any electronic commerce
conducted on or through the Site, is or will be totally secure. You agree to immediately notify us of any breach of Site
security or of this Agreement of which you become aware.
Proprietary
Content
Woodhead
Industries respects the intellectual property rights of others and expects
you to do the same. We have
expended substantial time, effort and funds to create the Site and to
collect and provide the features, materials, opportunities and services
that are available on or through the Site.
You understand and agree that Woodhead Industries owns, or (where
required, appropriate or applicable) has been licensed by third parties to
use, all right, title and interest in and to the Site and the features,
materials, opportunities and services made available on or through the
Site, and all information, text, data, databases, graphics, images, sound
recordings, audio and visual clips, logos, software, and other materials
contained therein, and the collection, design, selection and arrangement
thereof (collectively, the “Content”).
You acknowledge that the Content constitutes valuable proprietary
information that is protected by applicable intellectual property and
other proprietary rights, laws and treaties of the United States and other
countries, and that you acquire no ownership interest by accessing and
using the Site and the Content. Such
intellectual property and proprietary rights may include, but are not
limited to, various patents, copyrights, trademarks and service marks,
registered trademarks and service marks, trade dress protection and trade
secrets, and all such rights are and shall remain the property of Woodhead
Industries and its affiliates or licensors.
Use
of Content
Woodhead
Industries grants you a limited license to access and make personal use of
the Site and the Content for legitimate business purposes.
Except as expressly provided for in this Agreement, any alteration,
modification, reproduction, redistribution, retransmission, redisplay or
other use of any portion of the Site or of the Content in any other manner
or for any other purpose constitutes an infringement of our intellectual
property and other proprietary rights.
Other than as necessary and required to facilitate your personal
use, you may not reproduce, perform, create derivative works from,
republish, upload, post, retransmit, or redistribute in any way whatsoever
any Content or any portion of the Site without the prior written
permission of Woodhead Industries. Use
of the Content, or any portion thereof, on any other Web site or other
networked computer environment is expressly prohibited without the prior
written permission of Woodhead Industries.
You shall not remove or modify any copyright notice or trademark
legend, author attribution or other notice placed on or contained within
the Content. Except as
expressly authorized by Woodhead Industries in writing, in no event shall
you reproduce, duplicate, copy, sell, resell or exploit for any commercial
purpose, all or any portion of the Content or the Site, or access to or
use of the Content and the Site.
Use
of Submissions
By
submitting information and material to the Site or to Woodhead Industries,
whether by e-mail, telephone or other mode or medium of communication, or
through access to and use of the Site or the Content including, but not
limited to, access to and use of any available pages, applications or
bulletin boards, submitting or posting feedback, questions, comments,
suggestions, ideas, graphics, text, software or computer files of any
type, you thereby expressly grant, or warrant that the owner of such
material has expressly granted, Woodhead Industries a royalty-free,
fully-paid, perpetual, irrevocable, non-exclusive right and license to
use, make and have made, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and to
incorporate it in other works in any form, media or technology now known
or hereafter developed, subject to our Privacy Policy, as set forth on the Site.
Linked
Sites
For
your convenience, certain hyperlinks may be provided on the Site which
link to other Web sites that are not under the control of Woodhead
Industries. Woodhead
Industries does not endorse or sponsor such Web sites and is not
responsible for the availability, accuracy, content or any other aspect of
such Web sites. Woodhead
Industries disclaims all liability for such Web sites and all use thereof,
and for use of the links to such Web sites.
We also disclaim all liability and make no representations or
warranties for any products or services made available, sold or provided
to you by any third party. Your
use of other Web sites, and the offer or purchase of products or services
on or through such other Web sites, is subject to the terms and conditions
thereof. You agree that you
will bring no suit or claim against Woodhead Industries arising from or
based on your use of, or the offer or purchase of products or services on
or through, such other Web sites. Such
links do not imply that: (a) Woodhead Industries is affiliated or
associated with such linked sites; (b) Woodhead Industries is legally
authorized to use any trademark, tradename, logo or copyright symbol
displayed in connection with or accessible through such links; or (c) any
linked site is authorized to use any trademark, trade name, logo or
copyright symbol of Woodhead Industries or any of its affiliates.
Disclaimer
Although
Woodhead Industries strives to make the Site, the Content, and the
features, materials, opportunities and services provided through the Site
helpful, useful, reliable and current, you understand and acknowledge that
your access to and use of the Site, the Content, and all materials,
products and services available through the Site and Woodhead Industries
are at your own initiative and risk.
Neither Woodhead Industries, nor any affiliate of Woodhead
Industries, makes any promise, covenant, representation, warranty or
guarantee that you or any other user of the Site will obtain any
particular or tangible result or goal through the use of the Site or any
other product or service in connection with use of the Site.
It is your responsibility to take precautions to ensure that any
information, materials, software or data that you access, use, download or
otherwise obtain on or through the Site and Woodhead Industries are: (a)
up-to-date, accurate, complete, reliable, and suitable to and appropriate
for the purpose for which you, or your Company, may desire to use them;
and (b) free of viruses and other destructive routines.
THE SITE AND THE CONTENT, AND ALL MATERIALS, PRODUCTS AND SERVICES
AVAILABLE ON OR THROUGH THE SITE AND WOODHEAD INDUSTRIES ARE PROVIDED
"AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR
GUARANTIES, EXPRESS OR IMPLIED. WOODHEAD INDUSTRIES DISCLAIMS ALL WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. WOODHEAD
INDUSTRIES DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE AND THE
MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND
THROUGH WOODHEAD INDUSTRIES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE,
RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR
COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON
AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR
THROUGH THE SITE AND THROUGH WOODHEAD INDUSTRIES ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
Limitation
of Liability
IN
NO EVENT SHALL WOODHEAD INDUSTRIES, ITS CONTRACTORS, SUPPLIERS AND OTHER
SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES
AND AGENTS OF EACH OF THE FOREGOING,
BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS,
COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A)
YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, AND THE MATERIALS,
PRODUCTS AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR WOODHEAD
INDUSTRIES; (B) WOODHEAD INDUSTRIES’ PERFORMANCE OF OR FAILURE TO
PERFORM ITS OBLIGATIONS IN CONNECTION WITH THIS AGREEMENT; (C) THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SITE USERS OR OF THIRD
PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY
THIRD PARTIES. UNDER NO
CIRCUMSTANCES SHALL WOODHEAD INDUSTRIES, ITS CONTRACTORS, SUPPLIERS AND
OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS
OF EACH OF THE FOREGOING, BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR
SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR
DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE,
BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT OR THE USE OF MATERIALS, PRODUCTS AND
SERVICES AVAILABLE ON OR THROUGH THE SITE OR WOODHEAD INDUSTRIES, THE USE,
COPYING OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION
TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE
CONTROL OF WOODHEAD INDUSTRIES), EVEN IF WOODHEAD INDUSTRIES WAS ADVISED,
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
IN A jurisdiction that does not allow the exclusion or limitation of
liability for certain damages, the liability of Woodhead Industries, its
contractors, suppliers and other SIMILAR ENTITIES, and the officers,
directors, employees, REPRESENTATIVES and agents of each of the foregoing,
shall be limited in accordance with this Agreement to the fullest extent
permitted by law. Without
limiting any of the foregoing, if Woodhead Industries, its contractors,
suppliers and other SIMILAR ENTITIES, OR the officers, directors,
employees, REPRESENTATIVES and agents of ANY of the foregoing, is found
liable to you or any third party AS A RESULT OF any claims or OTHER
matters arising under or in connection with this Agreement, THE
SITE OR YOUR USE OF THE SITE, Woodhead
Industries and such parties’ aggregate and maximum liability for all
such CLAIMS AND OTHER matters in any calendar year shall not exceed $100.
Indemnification
You
agree to indemnify, defend and hold Woodhead Industries, and the officers,
directors, employees and agents of Woodhead Industries, harmless from and
against all claims, demands, suits or other proceedings, and all resulting
loss, damage, liability, cost and expense (including reasonable attorneys'
fees), made by any third party due to or arising out of content, data or
information you submit, post to or transmit through the Site, your access
to and use of the Content, the Site and other materials, products and
services available on or through the Site and Woodhead Industries, your
violation of this Agreement or your violation of any rights of another.
We reserve, and you grant to us, the right to assume exclusive
defense and control of any matter subject to indemnification by you.
All rights and duties of indemnification that are set forth herein
shall survive termination of this Agreement.
Miscellaneous
This
Agreement and the Privacy Policy referenced
herein (as each may be revised and amended from time to time according to
their respective terms) collectively constitute the entire agreement with
respect to your access to and use of the Site and the materials, products
and services available on or through the Site or Woodhead Industries.
Our electronically or otherwise properly stored copy of this
Agreement shall be deemed to be the true, complete, valid, authentic and
enforceable copy of this Agreement and you agree that you shall not
contest the admissibility or enforceability of Woodhead Industries’ copy
of this Agreement in a court in connection with any proceeding arising out
of this Agreement. Except
as expressly provided for, this Agreement does not confer any rights,
remedies or benefits upon any person other than you and Woodhead
Industries. Woodhead
Industries may assign its rights and duties under this Agreement at any
time to any party without notice. You
may not assign this Agreement without the prior written consent of
Woodhead Industries. This
Agreement shall be binding on and inure to the benefit of the parties
hereto and their respective successors and assigns.
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a proper legal authority, the validity and
enforceability of the other provisions shall not be affected.
Jurisdiction
The
Site was created and is maintained, located
and controlled by Woodhead Industries in the State of Illinois.
This Agreement shall be governed by and construed under the laws of
the State of Illinois, without regard to conflicts of law principles or
rules thereof. Any legal
action arising out of or related to this Agreement and your access to and
use of the Site must be commenced within one year after the cause of
action arises. You and
Woodhead Industries each hereby
expressly consent and irrevocably submit to the exclusive jurisdiction of
the state and federal courts sitting in Lake County Illinois for
resolution of any matters related to interpretation, construction or
enforcement, or otherwise in connection with this Agreement, the Woodhead
Industries Privacy Policy referenced herein, or otherwise related to or in
connection with your access to and use of the Site, the Content, and the
materials, products and services available on or through the Site or
Woodhead Industries. You and
Woodhead Industries each expressly waive any claim that venue is
improper for any reason in these courts.
Questions Regarding Terms
of Access
Please
contact us with any questions regarding the Site
or these Terms of Use by e-mail at [rfisher@woodhead.com]
or by calling [(847)236-9300]
.
Acknowledgement
YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE
PRIVACY POLICY OF WOODHEAD INDUSTRIES REFERENCED HEREIN. |
