Brightlayer Experience Hub – Terms of Use

Revised: March, 2023

These terms of use (these “Terms of Use”) constitute and form a legally binding contract between Eaton Corporation (“Eaton”) and you or the person or business that you lawfully represent.  These Terms of Use apply to and govern your access to and use of the Brightlayer Experience Hub that we offer on this website, including any sub-domains,  mobile versions, and related mobile applications (collectively, the “Experience Hub”), and all products, information, content, and documentation that you may access via the Experience Hub.  In these Terms of Use, “you” and “your” mean you, if you are accessing and using the Experience Hub as an individual, or mean the person or business that you represent, if you are accessing and using the Experience Hub on behalf of another person or a business (in which case, you understand that in making the Experience Hub available, we are relying on your representation that you have legal authority to enter into these Terms of Use on behalf of that person or business, and that proceeding without that authority is an intentionally deceptive act). 

YOUR AGREEMENT TO THESE TERMS OF USE IS A CONDITION TO YOUR ACCESS TO AND USE OF THE EXPERIENCE HUB – DO NOT CONTINUE WITHOUT REVIEWING THESE TERMS OF USE. BY ACCESSING AND USING THE EXPERIENCE HUB, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE.

The Experience Hub facilitates a marketplace in which third party solution partners (“Solution Partners”) may offer solutions that build upon the functionality of Eaton’s Brightlayer platform (the “Partner Solutions”), which may be purchased by customers directly from the offering Solution Partner.  Each Partner Solution will have its own associated terms and conditions that that are offered by Solution Partner and apply to the purchase and use of the Partner Solution (such terms and conditions, the “Partner Solution Terms”).  The Partner Solution Terms form a legally binding contract between you and the Solution Partner.

Partner Solutions and Solution Partner Content

The content included on the Experience Hub describing any particular Partner Solution is provided by the Solution Partner, and not by Eaton.  Eaton is not responsible for the evaluation or confirmation of these materials, and does not guarantee their accuracy, quality, or legal compliance.  All liability relating to the offering of Partner Solutions, and the purchase and use of any Partner Solution, is borne by the Solution Partner and governed by the Partner Solution Terms. 

The Experience Hub may contain links to websites, services and/or display advertisements for Solution Partners (together, “Solution Partners Links and Ads”). Such Solution Partners Links and Ads are not under Eaton’s control. Eaton disclaims all liability and responsibility for any Solution Partners Links and Ads and you acknowledge and agree that Eaton is not responsible or liable for: (a) the availability or accuracy of such Solution Partners Links and Ads; or (b) the contents, products or services on or available from such Solution Partners Links and Ads. Your use of Solution Partners Links and Ads is at your own risk. Eaton does not review, approve, monitor, endorse, warrant, or make any representations with respect to Solution Partners Links and Ads.

The Experience Hub and Partner Solutions may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, logo, and graphics. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any such copyrighted material, trademarks and proprietary information in whole or in part.  You may any such copyrighted material for personal use only in accordance with these Terms of Use, Partner Solution Terms, and applicable law. No copying, redistribution, retransmission, publication or commercial exploitation of copyrighted material, trademarks, or any other proprietary information is permitted.  You acknowledge that you do not acquire any ownership rights by accessing, viewing, uploading, or downloading any material, trademarks, or other proprietary information from the Experience Hub.

The Partner Solutions may require, as a prerequisite for use, you to independently have rights to certain Eaton products or services. NO RIGHTS TO EATON PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, BRIGHTLAYER, ARE BUNDLED WITH OR OTHERWISE INCLUDED IN ANY PARTNER SOLUTION.  YOU UNDERSTAND THAT ANY SUCH RIGHTS OR ACCESS MUST BE ACQUIRED BY YOU DIRECTLY FROM EATON OR AN EATON AUTHORIZED THIRD PARTY.

NO WARRANTY

AS BETWEEN YOU AND EATON, THE EXPERIENCE HUB AND PARTNER SOLUTIONS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, EITHER EXPRESS OR IMPLIED, WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT FOR THE EXPERIENCE HUB AND PARTNER SOLUTIONS LIES WITH YOU AND THE APPLICABLE SOLUTION PARTNER.  EATON MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE EXPERIENCE HUB WILL CONTINUOUSLY OPERATE, BE ERROR FREE OR THAT ANY ERRORS OR PROBLEMS WILL BE CORRECTED, OR THAT ANY INFORMATION, SOFTWARE, PRODUCT, OR CONTENT ACCESSIBLE THROUGH THE EXPERIENCE HUB IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.  ADDITIONALLY, EATON MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE ABOUT ANY MATTERS OF ANY KIND PERTAINING TO THE EXPERIENCE HUB AND PARTNER SOLUTIONS, INCLUDING, WITHOUT LIMITATION, COMPATABILITY WITH HARDWARE OR SOFTWARE, ITS RELIABILITY, CURRENTNESS, OR OTHERWISE.  YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT EATON IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE EXPERIENCE HUB, OF ANY SOLUTION PARTNER.

Choice of Law

These Terms of Use shall be governed by the laws of the State of Ohio, USA without giving effect to any principles or conflicts of law.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT OR CIRCUMSTANCES SHALL EATON, OR EATON’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AUTHORIZED REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFIT, COST OF COVER, LOSS OF DATA, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE PERTAINING TO THE EXPERIENCE HUB OR PARTNER SOLUTIONS, INCLUDING, WITHOUT LIMITATION, FOR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY, OPERATION, OR TRANSMISSION, ALLEGED COMPUTER VIRUS, THEFT OR DESTRUCTION OF PROPERTY, AND/OR ACCESS (INCLUDING UNAUTHORIZED) TO, ALTERATION OF, OR USE OF SUCH EXPERIENCE HUB OR PARTNER SOLUTIONS.  YOU AGREE THAT THIS LIMITATION OF LIABILITY WILL APPLY IRRESPECTIVE OF ANY CONTROVERSY, ACTION, CLAIM, OR DISPUTE BASED ON BREACH OF CONTRACT, TORT, OR ANY OTHER BASIS OF LAW OR LEGAL THEORY. 

Disclaimer

IN NO EVENT OR CIRCUMSTANCES SHALL EATON, OR EATON’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AUTHORIZED REPRESENTATIVES, LICENSORS, AND AGENTS BE LIABLE TO YOU FOR ANY SOLUTIONS PARTNER SOLUTION, OR THIRD-PARTY COMPONENTS THEREOF, OFFERED AND PURCHASED ON THE BRIGHTLAYER PLATFORM. CUSTOMER MUST CONTACT SOLUTIONS PARTNER FOR ANY CYBERSECURITY RELATED UPDATES OR PATCHES FOR THE SOLUTION. CUSTOMER MUST CONTACT SOLUTIONS PARTNER FOR ANY MATTER RELATED TO DATA PRIVACY.

Indemnity

You hereby agree to indemnify, defend and hold Eaton, and Eaton’s directors, officers, employees, affiliates, authorized representatives, and agents (collectively, “Indemnified Parties”) harmless from and against all liabilities, costs, and expenses (including reasonable attorneys' fees) incurred by any of the Indemnified Parties arising out of any controversy, claim, dispute, cause of action, or lawsuit pertaining to your access to the Experience Hub or Partner Solutions, including, without limitation, your failure to abide by these Terms of Use, your fraud, willful misconduct or gross negligence, or any infringement of intellectual property rights, rights of publicity or privacy of any third party, EVEN IF ANY SUCH CONTROVERSY, CLAIM, DISPUTE, CAUSE OF ACTION, OR LAWSUIT IS BASED IN WHOLE OR IN PART ON OUR OWN NEGLIGENCE.

Notice of Intellectual Property Infringement

Eaton respects the rights of all intellectual property holders, and in this regard we seek to provide a method for you to notify us if you believe your copyright has been infringed. You may provide a written claim of copyright infringement at:

Legal Administrator

Eaton Corporation plc, 1000 Eaton Boulevard, Cleveland, Ohio 44122

tel: +1-440-523-5000

brandregistry@eaton.com

Your written claims concerning copyright infringement must include the following information:

(i)            a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;

(ii)           a description of the copyrighted work that you claim has been infringed upon;

(iii)          a description of where the material that you claim is infringing is located in the Experience Hub;

(iv)          your address, telephone number, and e-mail address;

(v)           a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi)          a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or are authorized to act on the copyright owner's behalf.

Termination

Eaton may at any time, in its sole discretion: (1) update or terminate these Terms of Use in whole or in part without notice to you; and (2) revoke your access to the Experience Hub without notice to you.

Complete Agreement

These Terms of Use, together with any addenda hereto, constitute the entire Agreement between you Eaton with respect to the subject matter herein.