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Eaton Corporation
MYEATON TERMS OF USE
Revised: March 19, 2021
IMPORTANT, READ CAREFULLY. THESE MYEATON TERMS OF USE ARE A BINDING CONTRACT BETWEEN THE ENTITY YOU REPRESENT (THE “AUTHORIZED PARTY”) AND EATON CORPORATION, OH, USA (TOGETHER WITH ITS AFFILIATED ENTITIES, SUBSIDIARIES, AND HOLDING COMPANIES, “EATON”). BY CLICKING THE “ACCEPT” BUTTON BELOW, OR BY USING THE MYEATON SITE (“MYEATON”), YOU ARE AGREEING ON BEHALF OF THE AUTHORIZED PARTY TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT CLICK THE “ACCEPT” BUTTON AND DO NOT ACCESS MYEATON.
Authorization
You represent that you are a representative of the Authorized Party, and that you have the authority to bind the Authorized Party to these Terms of Use.
License
Eaton grants the Authorized Party a limited, revocable, non-exclusive, non-assignable license to access and use MyEaton for its internal business purposes only. Authorized Party is required to retain all copyright and other proprietary notices contained on any documents contained on MyEaton. No information, data, documents, or records found on MyEaton shall be made available as part of another website, whether by hyperlink, framing on the internet or otherwise, without the express written consent of Eaton.
Eaton may update, modify, change, delete or discontinue the use of all or part of MyEaton, any information contained on MyEaton, and access to MyEaton for any Authorized Party without notice and in its sole discretion.
Passwords; Security
The Authorized Party is responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by employees granted access to MyEaton on its behalf (each, an “Authorized User”). The Authorized Party is entirely responsible for any and all activities that occur under the Authorized Party’s account. The Authorized Party agrees to immediately notify Eaton of any unauthorized use of the Authorized Party’s account or any other breach of security known to the Authorized Party. Eaton shall have no liability for any loss or damage arising from the Authorized Party’s failure to comply with these requirements.
Administrative Privileges
Any administrative privileges granted to the Authorized Party for MyEaton are subject to the following restrictions: (1) no personal information of any person that you obtain as a result of administrative privileges may be provided to any person or entity without the prior written permission of Eaton; (2) administrative privileges granted may be used only to the extent required to satisfy the purpose for which Eaton granted you those privileges; and (3) the Authorized Party shall promptly notify Eaton of any changes to the relationship between the Authorized Party and any Authorized User.
Confidential Information
All information provided on MyEaton is Eaton’s confidential information. The Authorized Party shall not use or disclose Eaton’s confidential information without the prior written consent of Eaton, except to the Authorized Party’s employees who have a need to know the information and are bound by a duty of confidentiality covering the information that is at least as restrictive as the obligations in these Terms of Use.
Except for personally identifiable information, the use and disclosure of which is addressed in the Privacy Notice below, Eaton may use or disclose any and all information provided by the Authorized Party to Eaton, regardless of whether the information is marked or otherwise identified as confidential or proprietary.
Trade Names
As used in this agreement, the term “Trade Names” shall mean the trade names, service marks or trademarks owned or used by Eaton that appear on MyEaton. As between the Authorized Party and Eaton, Trade Names are owned exclusively by Eaton. The Authorized Party shall not use Trade Names or any names or marks that are similar to Trade Names without the prior written consent of Eaton, which may be withheld in its sole discretion. Nothing in these Terms of Use or on MyEaton shall be construed as a license to any of Eaton’s Trade Names, patents, or other intellectual property rights.
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.
No Warranty
EATON PROVIDES ACCESS TO MYEATON “AS IS” AND DOES NOT WARRANT ANY OF THE FOLLOWING: (1) THE USE OF MYEATON WILL BE ERROR-FREE; (2) MYEATON WILL BE COMPATIBLE WITH ANY SYSTEM; OR (3) OR THE USE OF MYEATON WILL NOT INTRODUCE WORMS, VIRUSES, MALWARE, TROJAN HORSES, OR OTHER HARMFUL OR DISABLING CODE TO ANY SYSTEM.
EATON PROVIDES ALL INFORMATION AVAILABLE THROUGH MYEATON “AS IS” AND MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THE QUALITY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH MYEATON INCLUDING BUT NOT LIMITED TO, ANY OF THE INFORMATION’S NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. EATON MAKES NO WARRANTIES OR REPRESENTATIONS THROUGH MYEATON RELATING TO ANY OF EATON’S PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY OF THE PRODUCTS’ OR SERVICES’ NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT WILL EATON BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, STATUTORY, LIQUIDATED, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PRODUCTION, OR LOSS OF USE, RELATING TO THE ACCESS AND/OR USE OF MYEATON, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER A CLAIM IS IN CONTRACT, TORT (INCLUDING EATON’S NEGLIGENCE), OR OTHERWISE.
THE DISCLAIMERS AND LIMITATIONS ABOVE DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Indemnity
The Authorized Party agrees to defend, indemnity, save, and hold harmless Eaton and its directors, officers, employees, and agents from and against any liabilities, claims, damages, and expenses, including reasonable attorneys fees, arising out of the Authorized Party’s access and/or use of MyEaton or its violation or alleged violation of these Terms of Use.
Data Protection and Privacy Notice
Eaton Corporation plc collects the following personal information from individuals, who register to use MyEaton and/or who use any other features (including without limitation, software as a service) accessed through MyEaton: name; salutation; email address; password; country and language preference; customer number; customer account number; organization type; IP address; company name; title/specialty; address(es) (residential and/or business); city; state; zip code; telephone number(s) (personal and/or business mobile, fax and land line); organization type, employer; and email address(es) (personal and/or business) (collectively, “Personal Data ”). Eaton does not sell Personal Data disclosed to it through MyEaton or any other features accessed through MyEaton, but it may process the Personal Data in accordance with Eaton's Data Protection and Privacy Notice and share it with third parties that Eaton retains to provide services on its behalf and to Eaton’s sales representatives, which include third parties.
In addition, Eaton may disclose Personal Data it collects through MyEaton to third party vendors to process or facilitate transactions between the third party vendor and the Authorized Party. Third party vendors may include companies that acquire parts of Eaton's business and process Personal Data under their own privacy policy, such as the Danfoss Privacy Policy. We encourage you to check the privacy policies and terms of use of any non-Eaton vendors before you provide your Personal Data and complete a transaction.
Further, Eaton may disclose Personal Data, as required by law, to an arbitral body, a court of competent jurisdiction, a law enforcement agency, or any other government agency when it believes it is appropriate to prevent physical or financial loss or in connection with an investigation of suspected or actual illegal activity.
If you have any questions or concerns about Eaton's processing of your Personal Data, please submit your request to Eaton at the following email address: iam@eaton.com or auto link iam@eaton.com,specifying if your request relates to MyEaton and/or any of the applicable features. Your data protection and privacy rights are explained in Eaton's Data Protection and Privacy Notice.
Eaton's legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which Eaton collects it and if you object to the processing of your Personal Data or withdraw your consent to Eaton’s use of your Personal Data , Eaton may be required to terminate your access to MyEaton and/or any applicable features. To the extent that you input or otherwise provide in MyEaton and/or any applicable feature the Personal Data of another individual (“Other Individual”), you represent that you have obtained such Other Individual’s prior written consent to: (1) allow you to input such Other Individual’s Personal Data into MyEaton and/or the applicable feature and (2) the foregoing Personal Data privacy terms. You shall have sole responsibility for any violation of privacy laws as a result of your failure to obtain the Other Individual’s prior written consent as described in the preceding sentence.
Complete Agreement
These Terms of Use, together with any addenda hereto, constitute the entire Agreement between Eaton and the Authorized Party with respect to the subject matter herein.
