Terms and Conditions for Mobile and Web Applications
Last updated January, 2020
The below terms and conditions apply to Vertiv’s mobile and web applications (“Applications”). Please read all of these terms and conditions of use (“Terms”) carefully before using this Application because it affects Your legal rights and obligations.
This Agreement and Your Acceptance
The Application may link to the website www.Vertiv.com, which is owned, operated, and provided by Vertiv from its offices in Columbus, Ohio, USA. The websites of Vertiv’s subsidiaries and affiliated companies are each owned, operated and provided by such subsidiaries and companies.
Our Services are provided for Your personal information and non-commercial use. There will be occasions our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.
Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by, copyright, trademark, patent, and other applicable laws. The entire content of the Application is copyrighted as a collective work under the United States Copyright Laws. Trademarks, logos, and service marks displayed on the Application are registered and unregistered trademarks of Vertiv Co., its subsidiaries and affiliated companies, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Application shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed on the Application without the owner’s prior written permission.
The use of any such Materials on any other mobile application, website or networked computer or environment without Vertiv’s express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that You may download one copy of the Material on any single computer for Your personal, non-commercial use, provided You keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by Your use of our Services, You acknowledge that You do not acquire any license, ownership or other rights to the Materials.
Use of Our Services
In order to access some features of our Services, You may have to create an account. You may not:
- Create an account for anyone other than Yourself.
- Use another User’s account without permission, or solicit, collect or use the login credentials of other Users.
- Sell, transfer, license or assign Your account, username, or any account rights.
When creating Your account, You must provide true, current, accurate and complete information, and You must update Your information as necessary to maintain its truth and accuracy. You are responsible for keeping Your password secure and You are responsible for the activity that occurs on Your account. You may be liable for our losses or the losses of others due to unauthorized use. If You become aware of any breach of security or unauthorized use of Your password or of Your account, You should notify us immediately.
You agree You have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to Your use of our Services and Your User Submissions, including, but not limited to, copyright laws and export laws.
You may not:
- Circumvent, disable or otherwise interfere with any security related features of our Services or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our Services and the Materials or User Submissions.
- Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Inject content or code or otherwise alter or interfere with the way any part of our Services is rendered or displayed in a User’s browser or device.
- Change, alter or modify any part of our Services for any reason.
- Use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Access (or attempt to access) any of our Services, including Materials and User Submissions, by any means other than through the interfaces that are provided by us.
- Use our Services for any illegal or unauthorized purpose.
You are responsible for any content You submit, post or display (e.g., images, photographs, graphics, audio, video, text, information, works of authorship, applications, links, and other communications, content or materials) (collectively, “User Submissions”), including, but not limited to, any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.
Your User Submissions must comply with the following:
- You may not submit abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Submissions via our Services, or User Submissions that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
- You may not post advertisements, solicitations or spam links to other websites or individuals, without prior written permission from us.
- You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
- You may not make false or misleading statements.
- You may not submit private, confidential or sensitive information unless specifically requested by us (e.g., providing credit card information to complete a purchase transaction via our Services).
It has been and remains our policy not to accept or consider ideas, suggestions or materials other than those that we have specifically requested from You. Any information or material You send to us will be deemed not to be confidential or proprietary. Our Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. No User Submissions are confidential whether published or not. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Submissions or other information cannot be guaranteed to be secure.
You retain all of Your ownership rights in Your User Submissions. By submitting information and material via our Services, You automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that we are free to use any ideas, concepts, know-how, or techniques that You send to us for any purpose.
We reserve the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms for reasons including, but not limited to, excessive length. We may, but have no obligation to, at any time, without prior notice and in our sole discretion, remove, edit, block, and/or monitor User Submissions or terminate a User’s access for submitting such material in violation of these Terms.
This Application may allow for a “live chat” feature or a feature that allows there to be direct communication to a Vertiv representative. In that case, any communication that You have or content that You submit via these features is considered to be a “User Submission.” In particular, we do not guarantee any confidentiality with respect to any such features.
Unsolicited Submissions Policy
Vertiv appreciates and values comments and input regarding our products, services, and solutions. For clarity, and in order to discuss any ideas that You may have regarding technology or technical improvements to our products, services, or solutions, it is important that You, prior to submission of Your ideas and information, understand and agree in writing to Vertiv’s conditions for evaluation of such ideas and information before any evaluation by, or discussions with, Vertiv occurs. Please download Vertiv’s Unsolicited Submissions Policy for more information.
Third-Party Content and Linked Sites
When using our Services, You may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content. You agree to waive any legal or equitable rights or remedies You have or may have against us with respect thereto to the fullest extent permitted by law.
Permission to use Vertiv Documents
Permission to use Vertiv owned white papers, press releases, datasheets, specification documents, FAQs, etc. (“Documents”) from this Application, or any link to a Vertiv website, is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Application or any other Vertiv owned, operated, licensed or controlled site, elements of which may be protected by trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any websites may be copied or retransmitted unless expressly permitted by Vertiv.
VERTIV MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE APPLICATION OR WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VERTIV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VERTIV AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR 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 OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
Our Services, including, without limitation, the Application, websites, Materials, User Submissions, any products or services available on or through our Services and all the information, software, facilities, services, related communications, and other content therein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability; non-infringement; fitness for particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in our Services; that access to our Services will be uninterrupted or error-free; and that our Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of our Services, including damages caused by viruses, worms, trojan horses or any other computer software or anomaly that may infect, affect, or damage Your computer hardware, software, memory or any other property of Yours or others, as a result of Your access to or use of our Services.
We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising.
Limitation of Liability
You agree that You assume full responsibility for Your use of our Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of Your access to, use, inability to use or the results of use of our Services, or any materials contained in any or all such Services (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of Vertiv and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to You for any claim under these Terms, whether in contract, tort, or otherwise, is $100. If You are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, Your sole and exclusive remedy is to discontinue accessing and using our Services.
By accessing our Service, You understand that You may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, You acknowledge that You have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of the State of California, and any similar law of any U.S. state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree to indemnify, defend and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys’ fees) made against Vertiv by any third party due to arising out of or in connection with: (i) Your User Submission or Your use of and access to our Services; (ii) Your breach or alleged breach of these Terms; (iii) Your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that Your User Submission caused damage to a third party; or (vi) any misrepresentation made by You. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by You, and You will not in any event settle any claim without our prior written consent. You will cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and Your use of our Services.
The Materials in our Services may contain various forward-looking statements which may be based on or include assumptions, concerning operations, future results and prospects of Vertiv. These forward-looking statements are based on current expectations and are subject to risk and uncertainties.
In connection with the “safe harbor” provisions of the United States’ Private Securities Litigation Reform Act of 1995, we provide the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Such factors include the following: (1) changes in the current and future business environment, including interest rates and capital and consumer spending; (2) competitive factors and competitor responses to our initiatives; (3) successful development and market introductions of anticipated products; (4) changes in government laws and regulations, including taxes; (5) unstable governments and business conditions in emerging economies; (6) continuation of the favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates.
Changes and Termination of the Terms
We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates on this Application or a linked webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on You.
These Terms will remain in full force and effect so long as You continue to access or use our Services, or until terminated in accordance with the provisions of these Terms. If You use (or anyone other than You, with Your permission uses) the Application, any Services in contravention of these Terms, we may suspend Your use of the Services and/or Application. If we suspend the Services or Application, we may refuse to restore the Services or Application for Your use until we receive an assurance from You, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms. Vertiv Co. shall fully co-operate with any law enforcement authorities or court order requesting or directing Vertiv Co. to disclose the identity or locate anyone in breach of these Terms. Without limitation to anything else in these Terms, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Application; (b) suspend Your use of the Services and/or Application; and/or (c) suspend the use of the Services and/or Application for persons we believe to be connected (in whatever manner) to You, if:
- You commit any breach of these Terms;
- we suspect, on reasonable grounds, that You have, might or will commit a breach of these Terms;
- we suspect, on reasonable grounds, that You may have committed or be committing any fraud against us or any person; or
- we suspect that You have restricted or inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of these Terms
Upon termination of these Terms, Your authorization to use our Services automatically terminates and You must immediately destroy any downloaded or printed Materials. Our rights in these Terms shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
Governing Law and Arbitration
The Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Application both You and we agree that the Terms shall be governed by the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on contracts for the international sale of goods. Any claim or dispute between You and Vertiv that arises in whole or in part from our Services shall be decided exclusively through binding, individual arbitration in the State of Ohio, U.S.A. You agree that disputes between You and Vertiv will be resolved by binding arbitration and You waive Your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, You consent to the exclusive jurisdiction of the State of Ohio, U.S.A. for the resolution any disputes. Any cause of action You may have with respect to Your use of our Services must be commenced within six (6) months after the claim or cause of action arises.
Entire Agreement and Void Where Prohibited
These Terms constitute the entire agreement between Vertiv and You with respect to Your use of our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Our obligations and responsibilities regarding our products and services are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. If You access our Services from a location outside of the State of Missouri, You are responsible for compliance with all applicable local laws. You may not use our Services or export information and materials in violation of the export laws of the United States or any other country.
www.Vertiv.com is administered by Vertiv from our offices in the United States and hosted on servers located in the United States; other Vertiv sites may be administered and operated from various locations outside the United States. Materials published on a site, or otherwise included in our Services, may refer to products, programs, or services that are not available in Your country.
Copyright(c) 2019 Vertiv Group Corporation. All rights reserved.