PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. 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. THESE TERMS ALSO INCLUDE A JURY WAIVER. MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.
These Terms govern your use of the Website and your use of information obtained through the Website, including information, software, artwork, text, video, audio, pictures, content, trademarks, trade dress and other intellectual property owned by Hubbell or our licensors and made available to you through the Website (collectively, "Hubbell Content"). Please read these Terms carefully. By using the Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, for certain activities on the Site, we may further confirm your consent by asking you to click an "I accept" button.
WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 13 TO PARTICIPATE IN OUR WEBSITE. YOU MUST BE AT LEAST 13 YEARS OLD TO USE OUR WEBSITE IF YOU ARE BETWEEN 13 AND THE APPLICABLE AGE OF MAJORITY, PLEASE REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN.
Obtaining and Using a Password.
If you register to use the Website and have a valid password, you will be authorized to access the password-protected areas of the Website. We recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone. We also ask that you notify us immediately if you suspect that someone is using your username and/or password in this or any other inappropriate manner.
If you access the Website through a third party site or service, you will provide your third party account credentials to Hubbell, and you are consenting to have the information in those accounts transmitted into your Hubbell account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
Hubbell reserves the right to remove any User Submissions from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions or if Hubbell is concerned that you may have breached our Acceptable Use Guidelines), or for no reason at all. You, not Hubbell, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such User Submissions to Hubbell and to grant Hubbell the rights to use such information in connection with the Website and as otherwise provided herein. You are responsible for all of your activity in connection with the Website.
- We assume no responsibility for your use of our Websites
Hubbell Incorporated, its affiliates, officers and employees assume no responsibility in relation to the use of this Website, the Hubbell Content or any information contained in it. Hubbell Incorporated makes no representation as to the availability, accuracy, or completeness of the content of this Website. Hubbell Incorporated shall not be liable for any damages or injury resulting from users' access to or inability to access this Website or from reliance on any information at this Website. In addition we reserve the right to interrupt, discontinue, or disable access to any or all of the functionality of this Website or to change its content at any time without prior notice, but we do not assume any responsibility to update it. We assume no liability regarding any use of the information within our Websites and you agree that we shall not be liable for any modification, suspension, interruption or discontinuance of access to the Website, or for cancellation of your account registration.
- We make no warranties
- UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL HUBBELL INCORPORATED AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT ON IT, EVEN IF HUBBELL INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF HUBBELL INCORPORATED WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Our websites provide no legal advice
The information contained in this Website and the Websites of any company affiliated with Hubbell Incorporated are not intended to be legal advice or professional technical advice. Any information posted on any Hubbell Incorporated Website should be considered as general information only.
- Technical terms we use may require special definitions
The information in our Websites may use terms that have technical meanings that may be different from their ordinary meanings and require specialist knowledge and expertise to understand properly and use effectively.
- Posted information may not be complete or may contain errors
We make our best efforts to provide comprehensive, complete and current information on our Websites. It is possible, however, that there may be additional information about one or more products that is not posted to a website. Please use our Contact Us Form to notify us of any errors or if you need additional information about one of our products or any other information on a Hubbell Incorporated Website. The specifications of the products listed in our catalog sheets, correct at the date of publication, are subject to change without notice.
Typographical or pictorial errors within our Websites which are brought to our attention will be corrected in subsequent updates. Product dimensions in our catalog and installation sheets are nominal and are provided for the convenience of our customers. We reserve the right to make changes from time to time, without notice, which may change the dimensions or information shown.
- Third party information may be unreliable; third party disputes
Some of the information contained in this Website is provided to Hubbell Incorporated and its affiliates by third parties. It is not possible for Hubbell Incorporated and its affiliates to check exhaustively the accuracy of all information provided by third parties. Inaccuracies may arise in that information in different ways, and those inaccuracies may not be evident to users of this Website. Although we may provide links to other websites ("Linked Sites") as a matter of convenience for our users, Hubbell has no control over these Linked Sites and we do not necessarily share their viewpoints and cannot guarantee the accuracy or authenticity of the information within those websites. Use these Linked Sites at your own risk. The presence of a Linked Site on the Website does not and should not be taken as implying an endorsement or approval of the content of the Linked Site by Hubbell, the activities of the organizations and businesses responsible for those websites, or any policies associated with such websites whether or not those policies are published. Under no circumstances is Hubbell Incorporated responsible or liable for any privacy, intellectual property, or other policy of a Linked Site provided on a Hubbell Incorporated Website or a website of a company affiliated with Hubbell Incorporated.
You agree that Hubbell shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Hubbell is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Hubbell, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
- There are inherent security risks with on-line services
Hubbell Incorporated has three types of security associated with its websites. One type is for a publicly available website - no login is required, and there is no encryption of any information. The second type is semi-secure - a login system requires a user ID and a password, but there is no encryption of any exchanged information. The third type of website has the highest security - a login system is used with an encrypted data communication system based on Secure Sockets Layer ("SSL") encryption. This highest level of security would be used where financial information and orders are involved. Highly secured sites will generally have a URL that begins with https://. . ., and some browsers will show an icon of a closed lock to indicate a secured connection.
You should be aware, however, that there are some inherent risks associated with the transmission of information via the Internet, and with using SSL as the encryption mechanism. If you do not wish to use any of the Hubbell Incorporated company online services, you can transact with us by mail at the address listed in the Contact Us section of these Terms.
In an effort to protect your personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable and appropriate physical, electronic, and managerial procedures. As a result, although we strive to protect your personal information, we cannot ensure or warrant the security of the personal information against any possible loss or unauthorized access.
- Fees and Payment
Although some of our services are currently free to users, Hubbell reserves the right to require payment of fees for certain or all services. You shall pay all applicable fees, as described on the Website in connection with such services selected by you. Hubbell reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
Acceptable Use Guidelines.
As a condition to your use of the Website, you agree to follow our Acceptable Use Guidelines, set out below. Under these Guidelines, you will not:
- Upload, email or otherwise transmit any images or other user content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party's use and enjoyment of the Website and Services, such as through sending "spam."
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking", "data harvesting" or through other means we have not intentionally made available to you through the Website, including use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Monitoring; Revocation or Suspension of Use Privileges.
Contact for Alleged Copyright Infringement.
Hubbell respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:
- Hubbell Incorporated
- Attn: General Counsel
- 40 Waterview Drive
- Shelton, CT 06484
- Or, you may use the Contact Us Form
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed above:
A. A physical or electronic signature of the content provider or user;
B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
C. A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
D. Content provider's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's or user's address is located, or, if the content provider's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Hubbell may send a copy of the counter-notice to the original complaining party informing that person that Hubbell may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Hubbell's discretion.
Rules For Sweepstakes, Contests, Raffles And Promotions.
Promotions, discount rules or coupon codes for a free gift with purchase will result in one free gift per order, not per item, unless otherwise noted. Only one coupon code, discount rule or promotion may be used per order, unless otherwise noted. Promotions, discount rules and coupon codes are valid only to the listed expiration date. Promotional/Coupon codes are subject to change at any time. In order to receive a free item with a promo code, the item must be added to your shopping cart and the promo code added during checkout; cost of the free item will be taken off of your total.
You agree to defend, indemnify and hold Hubbell Incorporated and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
These Terms shall remain in full force and effect while you use the Website and associated services. You may terminate your use of the Website and services at any time. Hubbell may terminate or suspend your access to the Website or services or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. Hubbell may also terminate or suspend any and all services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the services, access the Website, and any content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Modifications to these Terms.
We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.
These Terms shall not be assignable by you, either in whole or in part. Hubbell Incorporated reserves the right to assign its rights and obligations under these Terms.
Arbitration Agreement and Class Action Waiver.
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 your use of the Website or these Terms. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms and conditions (despite any other choice of law provision).
Arbitration under these terms and conditions 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: Hubbell Incorporated Attn: General Counsel, 40 Waterview Drive, Shelton, CT 06484.
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.
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.
These Terms shall be governed in all respects by the laws of the State of Connecticut without giving effect to its conflicts of law provisions.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Hubbell's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between Hubbell and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.