The www.liebert.com website (the “Site”) is provided by Liebert Corporation (“Liebert”) and may be used for informational purposes only as provided in these Terms and Conditions of Use (“Terms”). By using the Site or accessing or downloading Materials from the Site, you (“Viewer”) agree to abide by the Terms set forth in this Agreement. If Viewer does not agree to abide by these Terms, Viewer should not use the Site or download Materials from the Site.
Liebert may provide activity or program specific terms and conditions of use, for example when Liebert provides software, online applications or audiovisual materials and/or enables user generated content. If so, to the extent that these terms do not conflict with the program specific terms and conditions of use, the terms herein remain in full force and effect.
A. SECURITY AND PRIVACY
Information submitted to Liebert through the Site or any of its forms is governed by Liebert’s privacy policy.
Liebert may, from time to time, host a program or activity specific site that may require you to establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Liebert immediately of any unauthorized use of your account or any other breach of security here. Liebert will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Liebert or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
B. SITE CONTENT IS COPYRIGHTED AND/OR OTHERWISE PROTECTED
“Content” means any information, mode of expression, or other materials and services found on the Site, including, but not limited to, text, manner of display, documents, picture, graphics, software, online applications, audio materials, video materials, and any and all information and tools found on the Site. The Content is protected by U.S. and international copyright laws and other laws protecting intellectual property. Except as otherwise noted herein, all Content appearing on this Site is the property of Liebert Corporation, 1050 Dearborn Drive, Columbus, Ohio 43085 or the Emerson Network Power Companies.
C. USE OF SITE
The Site is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. You further agree that you will not use the Content to intentionally violate any U.S. or international law or regulation.
D. LIMITED LICENSE TO CERTAIN MATERIALS
Subject to the terms and conditions set forth in this Agreement, and except as otherwise noted herein, Viewer is hereby granted a non-exclusive, non-transferable, limited right to access, view, copy, print, and distribute downloadable documents found on the Site (the “Materials”), subject to the following understandings and conditions:
- The Materials may be used for informational, personal, non-commercial purposes only.
- Viewer agrees to comply with all copyright laws worldwide during Viewer’s use of this Site and to prevent any unauthorized copying of the Materials. Any copy of the Materials must include Liebert’s copyright notice and other proprietary notices contained in the Materials.
- Liebert reserves the right to revoke such authorization at any time, and any Viewer use shall be discontinued upon notice from Liebert.
- No license or other express or implied right is granted to Viewer under any patent, trademark, copyright or trade secret information, except as expressly provided herein.
- This authorization is not a transfer of title in the Materials and copies of the Materials.
- The Materials must not be modified in any way or reproduced or publicly displayed, performed, or distributed or otherwise used for any public or commercial purpose.
- The Materials must not be transferred to any other person unless Viewer gives them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
- Viewer agrees to abide by all additional restrictions displayed on the Site as it may be updated from time to time.
- The Viewer abides by the remaining provisions in these Terms.
E. NO LICENSE GRANTED TO PICTURES, GRAPHICS, SOFTWARE OR ONLINE APPLICATIONS
No license under these Terms is granted to any picture, graphics, software, online application, or trademark.
F. RESTRICTED RIGHTS
USE, DUPLICATION, OR DISCLOSURE OF THE MATERIALS BY THE UNITED STATES GOVERNMENT IS SUBJECT TO THE RESTRICTIONS SET FORTH IN DFARS (c)(1)(ii) AND FAR 52.227-19, OR ANY SUCCESSOR.
G. WARRANTIES, DISCLAIMERS AND LIMITATION OF DAMAGES
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LIEBERT ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS PUBLICATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS PUBLICATION. LIEBERT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. VIEWER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT VIEWER’S SOLE RISK. REFERENCES OR LINKS TO OTHER COMPANIES, THEIR SERVICES OR PRODUCTS, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL LIEBERT BE LIABLE FOR ANY SPECIAL, INCIDENTAL INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR REVENUE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, ON ANY THEORY OF LIABILITY, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS OR INFORMATION PROVIDED, REFERENCED, OR LINKED HEREIN. THE MATERIALS MAY, AT ANY PARTICULAR TIME, INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. INFORMATION IN THE MATERIALS IS SUBJECT TO UPDATE AND CHANGE WITHOUT NOTICE. LIEBERT RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. LIEBERT MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.
Should any Viewer of the Materials respond with information, feedback, data, questions, contribute suggestions or the like regarding the content of any Liebert publication, any such response shall be deemed not to be confidential and Liebert shall be free to reproduce, use, disclose, and distribute the response to others without limitation. Viewer agrees that Liebert shall be free to use any ideas, concepts or techniques contained in Viewer’s response for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such ideas, concepts or techniques.
The Content may be accessed by users internationally and may contain references to Liebert products, services, programs or prices that are not available in Viewer’s country. These references do not imply that Liebert intends to announce or make available such products, services pricing or programs in Viewer’s country.
H. INDEMNIFICATION
You agree to indemnify and hold Liebert and its officers, affiliates, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Site or Content, your use of the Web Site or Content, your connection to the Sites or Content, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.
I. THIRD PARTY SITES
As a convenience to Viewers, Liebert may provide, on this Site, links to Web sites operated by other entities. If a Viewer uses these sites, the Viewer will leave this Site. If Viewer decides to visit any linked site, Viewer does so at Viewer’s own risk and it is Viewer’s responsibility to take all protective measures to guard against viruses or other destructive elements. Liebert makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Liebert endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Liebert or any of its affiliates or subsidiaries.
J. EXTERNAL LINKS TO THE SITE
All links to the Site must be approved in writing by Liebert; except that Liebert consents to links in which: (i) the link is a text-only link containing only the name “Liebert Corporation”; (ii) the link “points” only to www.liebert.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Liebert nor be such as to damage or dilute the goodwill associated with the name and trademarks of Liebert or its Affiliates. Liebert reserves the right to revoke this consent to link at any time in its sole discretion.
K. INTERNATIONAL USERS AND CHOICE OF LAW
This Site is controlled, operated and administered by Liebert from its offices within the United States of America. Liebert makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. Viewer may not use the Site or export the Materials in violation of U.S. export laws and regulations. If Viewer accesses this Site from a location outside of the United States, Viewer is responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions.
This Agreement constitutes the entire agreement between Liebert and Viewer with respect to Viewer’s use of the Site. Any cause of action Viewer may have with respect to Viewer’s use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
L. TRADEMARKS/TRADENAMES/SERVICE MARKS
Liebert, the Liebert logo, Liebert XD, Liebert XDV, Liebert XDO, Liebert XDH, Liebert XDR, Liebert XDCF, Liebert XDP, Liebert XDC, Liebert XDK-W, Liebert XDR-W, Liebert XDP-W, Liebert XDF, Liebert XDA, Liebert MCR, Liebert Mini-Mate2, Liebert Datamate, Liebert InteleCool2, Liebert Challenger 3000, Liebert Challenger ITR, Liebert Deluxe System/3, Liebert DS, Paradenser, GLYCOOL, Liebert CW, Liebert ICS, Liebert PFH, Liebert MCD, Liebert DMC, Liebert PowerSure, Liebert PSP, Liebert PSA, Liebert PSS, Liebert PSI, Liebert PSI-XR, Liebert GXT, Liebert GXT2, Liebert GXT-MT, Liebert Nfinity, Liebert NX, Softscale, Liebert IP Telephony Availability System, Liebert MicroPOD, Liebert Npower, Liebert NXL, Liebert Series 600, Liebert Series 610, Liebert FS, Liebert MPX, Liebert MPH, Liebert MP, Data Center Ready Racks, Liebert FPC, Liebert Precision Power Center, Liebert PPC, Liebert FDC, Liebert RDC, Liebert STS2, Liebert STS2/PDU, Liebert SiteScan Web, OpenComms, Liebert OpenComms EM, IntelliSlot, Liebert IntelliSlot, Liebert Nform, Liebert MultiLink, Liebert Multiport, Liebert IntelliRack, Liebert CommSure, Liebert Liqui-tect, Liebert LT460, Liebert LT300, Liebert LT410, Liebert LT500Y, Liebert Universal Monitor, Liebert TW420, Liebert THW420, Liebert RCM4, Liebert ENV-DO, Liebert vNSA, Liebert SiteLink, Liebert SiteLink-E, Liebert PowerSure Panel, Liebert Type SS, Liebert AccuVar, Liebert Hybrid Advantage, Liebert Interceptor, Liebert LM Series, Liebert PanelGuard, Liebert AccuGuide, Liebert Data Center Audit, Liebert Power Assurance Package, Liebert DataCool, Liebert CSU 3000, Liebert Himod, Liebert UPStation, Liebert PST, Liebert Little Glass House, Liebert Foundation, Liebert Foundation EX, Liebert SmartSwitch, Liebert Datawave, Liebert SiteNet Integrator, Liebert SiteTrap, Liebert RPMP, Efficiency Without Compromise, OptimizeIT, EfficientIT, Get More!, Liebert iCOM, Pentadrive, PowerMate, SmartAisle, are trademarks, trade names or service marks of Liebert Corporation.
All other brand and product names are trademarks, registered trade names or service marks of their respective holders.
No rights to use such marks or names are granted by the Materials.
M. THESE TERMS MAY BE REVISED
Liebert may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located elsewhere on the Site or in the Content.