Effective as of: 07/20/2020
Terms of use
This website ("Website") is offered to you by Cooper Lighting, LLC - 1121 Hwy 74 S, Peachtree City, Georgia 30269, United States of America ("Cooper Lighting").
The following Terms of Use govern your access and use of this Website. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Website (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Website (“User Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.
1. Acceptance of Terms of Use
By accessing or using this Website, you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website. If you do NOT agree to all of these terms, you should NOT access or use this Website.
2. Modification of Terms
These Terms of Use may be amended by Cooper Lighting at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Website after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Cooper Lighting websites may have their own applicable terms of use.
Cooper Lighting reserves the right to discontinue or make changes or updates with respect to the Website or the Content of the Website at any time without notice. Cooper Lighting reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
3. Privacy Policy
Personal information provided or collected through or in connection with this Website shall only be used in accordance with Cooper Lighting’s Privacy Policy, and these Terms of Use are subject to the Privacy Policy as posted on this Website.
4. Disclaimers
ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, CONTENT, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." COOPER LIGHTING, ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, THE CONTENT OR USER CONTENT. Neither Cooper Lighting nor its subsidiaries, affiliates, partners, licensors, distributors and suppliers warrants or makes any representations that (i) the Website will meet your requirements, (ii) the Website will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Website (including any Content, information and materials on this Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Website. Do not submit confidential information here.
Cooper Lighting and its subsidiaries, affiliates, partners, licensors, distributors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting or any third-party services and do not warrant that the Website or the services which make this Website available or electronic communications sent by Cooper Lighting are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or devices or loss of data that results from the download of any such material.
5. Registration
Accessing certain areas of the Website and using certain functions or features of the Website may require you to register as a contributor. This registration is free of charge.
Where registration is necessary, you must choose a unique username or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate usernames and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted User Content from the Website or refuse or cancel your registration if you choose a username that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, username, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, username and/or password, you agree to contact us immediately via our Central Privacy Office in accordance with “What are your choices?” as described in the Privacy Notice. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
6. Contributor
By submitting any User Content to the Website, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.
You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Website. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Website or to manipulate your presence on the Website. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
You affirm, represent and warrant that the User Content submitted to the Website does not infringe any proprietary right of any party or person, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.
You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Website that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.
You hereby grant to Cooper Lighting, its subsidiaries, affiliates and other partners a worldwide, perpetual, irrevocable, royalty free, non-exclusive, sub-licensable and transferable license to use, host, store, reproduce, modify, copy, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Website or any other Cooper Lighting website or in other Cooper Lighting marketing or public relations materials in any and all media at Cooper Lighting’s sole discretion.
You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Cooper Lighting may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Cooper Lighting, its subsidiaries, affiliates, partners, licensors, distributors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Website.
Cooper Lighting does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Cooper Lighting expressly disclaims any and all liability in connection with User Content.
Cooper Lighting has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Cooper Lighting immediately by contacting the Central Privacy Center. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.
7. Limitation of Liability
IN NO EVENT SHALL COOPER LIGHTING OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEBSITE, THE CONTENT OR THE USER CONTENT, EVEN IF COOPER LIGHTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF COOPER LIGHTING.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COOPER LIGHTING OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS OR DISTRIBUTORS FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS WEB SITE, THE CONTENT OR THE USER CONTENT IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE WEBSITE OR FIFTY (50) USD, WHICH EVER IS HIGHER.
IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN SECTION 4 ABOVE, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Third Party Content/Software
Cooper Lighting is in no way responsible for the content of any site owned by a third party that may be linked to the Website via hyperlink, whether or not such hyperlink is provided by the Website or by a third party in accordance with the Terms of Use. Any link on our Website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Website may link, and we take no responsibility for the foregoing.
Any software made available for downloading from or through this Website is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited.
WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. COOPER LIGHTING OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
9. Copyright and Trademarks
Copyright and all other proprietary rights in Content and the Website provided by Cooper Lighting, its affiliates, subsidiaries and/or partners, the software to operate and publish the Website, the compilation of data on the Website, and the order, sequence and arrangement of this Website, all belong to Cooper Lighting, LLC and / or its partners or licensors. All rights in the Content and the Website not expressly granted herein are reserved.
PHILIPS is a registered trademark of Koninklijke Philips N.V.. PHILIPS and all other registered trademarks of Koninklijke Philips N.V. and its affiliates are important assets of Koninklijke Philips N.V.. Proper use of these trademarks is important and you should follow the instructions of Philips when referencing our company’ products and services. Find more information www.ip.philips.com.
The use and registration of the PHILIPS name is exclusively reserved to Koninklijke Philips N.V.. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the PHILIPS name or any name similar thereto or any name which consists of a part of the PHILIPS name forms part nor shall it include any other registered trademark owned by Koninklijke Philips N.V.
All registered trademarks of Cooper Lighting, LLC and its affiliates are important assets of Cooper Lighting. Proper use of these trademarks is important, and you should follow the instructions of Cooper Lighting when referencing our company’s products and services. Please contact us at privacy@cooperlighting.com for more information.
10. Proprietary Rights in the Website
This Website is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the Website may be the subject of patents, copyrights, trademarks and other intellectual property rights of Cooper Lighting, its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
11. U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Website (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Cooper Lighting's designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
Cooper Lighting
Attn: Law Department
1121 Hwy 74 S
Peachtree City, GA 30269
Email: privacy@cooperlighting.com
The preceding information is provided exclusively for notifying Cooper Lighting that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.
12. Indemnification and Release
You agree to indemnify and hold harmless Cooper Lighting, its subsidiaries, affiliates, partners, distributors and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Website or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Cooper Lighting reserves the right to reveal your identity and any other information Cooper Lighting may have about you.
If you have a dispute with one or more users, you agree to indemnify, hold harmless and release Cooper Lighting, its subsidiaries, affiliates, partners, distributors and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. Shut-Down of Site
We have the sole right to shut down the Website or any part(s) thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Website.
14. Cooper Lighting Products
The Website may contain references to specific Cooper Lighting products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Cooper Lighting business contact for further information.
15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995
The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of Cooper Lighting and certain of the plans and objectives of Cooper Lighting with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.
16. Dispute Resolution
To the extent not prohibited by law, you agree that these Terms of Use and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Georgia applicable to contracts wholly made and to be performed within the State of Georgia, and to irrevocably submit to the sole and exclusive jurisdiction of the courts of Georgia or the Federal courts of the Northern District of Georgia, and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Georgia is an inconvenient forum.
17. Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
18. No Waiver
No failure on the part of Cooper Lighting to enforce any part of these Terms of Use shall constitute a waiver of any of Cooper Lighting ' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Cooper Lighting nor the reliance of any person on Cooper Lighting's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Cooper Lighting shall have any legal effect whatsoever.
19. Headings
The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.
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