ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT THE 4B GROUP AND ITS SUBSIDIARIES (COLLECTIVELY "4B") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT 4B MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “4B WEBSITES.”
1. Proprietary Rights
As between you and 4B, 4B owns, solely and exclusively, all rights, title and interest in and to the website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the website, and the compilation of the content, code, data and materials on the website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the website does not grant to you ownership of any content, code, data or materials you may access on or through the website.
2. Limited License
You may access and view the content on the website on your computer or other device and, unless otherwise indicated in these terms and conditions or on the website, make single copies or prints of the content on the website for your personal, internal use only. Use of the website and the services offered on or through the website, are only for your personal, non-commercial use.
3. Commercial Use is Restricted
Unauthorized commercial publication or exploitation of text, images or content of this website is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from 4B. Permission for such use is granted on a case-by-case basis at the sole discretion of 4B.
4. Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the 4B websites and for paying all charges related thereto. When you register to open an account anywhere on the 4B websites, or when you contact 4B through the 4B websites for the purpose of receiving products or services, 4B may collect certain personal information about you. 4B’s use of such information is governed by the provisions of the 4B Online Privacy Statement. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your 4B websites account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your 4B websites password (if applicable) and you are solely responsible for all activities that occur under your password. You agree to notify 4B immediately of any unauthorized use of your password or any other breach of security related to the 4B websites. 4B reserves the right to require you to change your password if 4B believes that your password no longer is secure. Access to 4B websites granted under other separately executed agreements by 4B and you shall supersede the terms contained in this section.
5. Privacy
Refer to the 4B Online Privacy Statement.
6. Disclaimer
The text, images and content on the website are provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. 4B assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property on account of your use of the site or your downloading of any text, images or content from the website.
7. Prohibited Uses
You agree not to use the 4B websites (including, without limitation, any materials or services you may obtain through your use of the 4B websites):
In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
To stalk, harass, or harm another individual;
To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
To interfere with or disrupt the 4B websites or servers or networks connected to the 4B websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the 4B websites; or attempt to gain unauthorized access to any portion of the 4B websites or any other accounts, computer systems, or networks connected to the 4B websites, whether through hacking, password mining, or any other means or;
That you will not take any action that imposes an unreasonable or disproportionately large load on 4B’s infrastructure.
8. Termination
Except as set forth in “Other agreements; software, services or access”, below, 4B may terminate, suspend, or modify your registration with, or access to, all or part of the 4B websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the 4B websites at any time. If you breach any of these Terms, your authorization to use the 4B websites automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).
9. Warranties and Disclaimers
4B intends for the materials contained on this site to be accurate and reliable. These materials may, however, contain technical inaccuracies, typographical errors or other mistakes. 4B may make corrections or other changes to these materials at any time. 4B and its suppliers reserve the right to make corrections, modifications, enhancements, improvements and other changes to its products, programs and services at any time or to discontinue any products, programs, or services without notice. 4B provides no assurances that any reported problems will be resolved by 4B, even if 4B elects to provide information with the goal of addressing a problem.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS". 4B AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.
YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION NOTES, REFERENCE DESIGNS AND OTHER SUCH DESIGN MATERIALS INCLUDED HEREIN ARE PROVIDED AS AN EXAMPLE ONLY AND THAT YOU WILL EXERCISE YOUR OWN INDEPENDENT ANALYSIS AND JUDGMENT IN YOUR USE OF THESE MATERIALS. 4B ASSUMES NO LIABILITY FOR YOUR USE OF THESE MATERIALS OR YOUR PRODUCT DESIGNS OR ANY APPLICATIONS ASSISTANCE PROVIDED BY 4B.
4B DOES NOT WARRANT OR REPRESENT THAT ANY LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT RIGHT, COPYRIGHT, MASK WORK RIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF 4B COVERING OR RELATING TO THESE MATERIALS OR ANY COMBINATION, MACHINE, OR PROCESS TO WHICH THESE MATERIALS RELATE OR WITH WHICH THESE MATERIALS MAY BE USED.
USE OF THE INFORMATION ON THIS SITE MAY REQUIRE A LICENSE FROM A THIRD PARTY UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF THAT THIRD PARTY, OR A LICENSE FROM 4B UNDER THE PATENTS OR OTHER INTELLECTUAL PROPERTY OF 4B.
10. Limitation of Liability
IN NO EVENT SHALL 4B OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OR PERFORMANCE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER 4B OR AN AUTHORIZED 4B REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any 4B Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the 4B Party’s liability shall be the minimum permitted under such applicable law.
12. Modifications to 4B Websites
4B reserves the right to modify, suspend, or discontinue the 4B websites at any time without notice to you. For example, 4B may make changes to the materials and/or services, or to the products and prices described in them, at any time without notice. The materials and services may be out of date and 4B makes no commitment to update the materials and services whatsoever. Information published on 4B websites may refer to products, programs, or services that are not available in your country. Consult your local 4B business contact for information regarding the products, programs, and services that may be available to you.
13. User submissions
Certain areas of the 4B websites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to 4B an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that 4B deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). 4B reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. 4B may, but is not obligated to, pre-screen User Submissions or monitor any area of the 4B websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. 4B is not required to host, display, or distribute any User Submissions on or through the 4B websites and may remove at any time or refuse any User Submissions for any reason. 4B is not responsible for any loss, theft, or damage of any kind to any User Submissions. 4B does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that 4B will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. 4B does not guarantee that you will have any recourse through 4B or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
You are at least 13 years old;
You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to 4B the rights in your User Submissions described herein;
You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
You are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to 4B described herein;
Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
You voluntarily agree to waive all "moral rights" that you may have in your User Submission;
Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
Your User Submission does not violate any Law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
Your User Submission does not incorporate materials from a third party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
14. Confidential Information
4B does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to 4B will be deemed NOT to be confidential. By sending 4B any information or material, you grant 4B an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that 4B is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to 4B for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding 4B’s privacy policies.
15. Links to Third-Party Websites
The 4B websites may contain hyperlinks to websites operated by parties other than 4B. Such hyperlinks are provided for your reference only. 4B does not control such websites and is not responsible for their content. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In addition, 4B shall not have any responsibility for other websites linked to this website.
16. Linking to this Site
You may create links to 4B websites, but only in accordance with 4B’s Website Linking & Logo Use Policy.
17. 4B Trademarks and Registered Trademarks
When referencing 4B trademarks and registered trademarks, always include the proper notation after the name and logo. (® for Registered Trademarks and ™ for Trademarks) Failure to do so may dilute our trademark protection. In text it is only necessary to annotate the first instance of the trademark in a given document or piece. After the first instance you may drop the ® or ™ after the word. When using logos, always include the ® or ™ in every instance. Logos may only be used under license from 4B.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on 4B websites or on content available through 4B websites are registered and unregistered Trademarks of 4B and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by 4B that appear on the website or on or through the website's services, if any, are the property of their respective owners. Nothing contained on 4B websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of 4B or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the website or on or through any of the website's services is strictly prohibited.
Registered Trademarks
Trademarks
• 4B® • Auto-Set™
• CC-S® • Big J - Jumbo™
• Iceberg® • Bolt 'N' Go™
• Whirligig® • GB Spidex™
• JUMBO Logo® • Hotbus™
• HazardMon.com® • JUMBO™
• Mag-Con™
• REF 70™
• Reference 70™
• Roto-Safe™
• Roto-Switch™
• Starco™
• SpeedMaster™
• Touchswitch™
• Watchdog™
18. Copyright Agent
We respect the intellectual property rights of others, and require that the people who use the 4B websites, or the services or features made available on or through the 4B websites, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
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;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
North & South America:
Robert Gaul
Marketing Manager
rgaul@go4b.com
309-698-5611
All Other Regions:
Simone Biock
Marketing Manager
sbiock@go4b.com
+44 (0) 113 246 1800
19. Global Availability
Information 4B publishes on the World Wide Web may contain references or cross references to 4B products, programs and services that are not announced or available in your country. Such references do not imply that 4B intends to announce or make available such products, programs, or services in your country. Please consult your local 4B business contact for information regarding the products, programs, and services that may be available to you.
20. Indemnification
You agree to indemnify, defend, and hold harmless the 4B Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. 4B reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with 4B’s defense of such claim.
21. General
These terms, together with any additional terms to which you agree when using particular elements of the 4B websites, constitute the entire and exclusive and final statement of the agreement between you and 4B with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and 4B with respect to such subject matter. The 4B Parties are third party beneficiaries with respect to the provisions in these terms that reference them. The failure of 4B to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of 4B and you as reflected in the provision, and that the other provisions of these terms remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. These terms shall remain in full force and effect notwithstanding any termination of your use of the 4B websites. These terms will be interpreted without application of any strict construction in favor of or against you or 4B. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 4B without restriction.
22. Modifications to these Terms
4B may, in its sole and absolute discretion, change these terms from time to time. 4B will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the 4B websites. Continued use of the 4B websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these terms may be superseded by expressly-designated legal notices or terms located on particular pages of the 4B websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these terms and to supersede the provision(s) of these terms that are designated as being superseded.
>> Revised 12/23/12 <<
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