Terms and Conditions of Use
Welcome to MyTRUMPF , an online portal for use by TRUMPF customers, their employees, and other parties (the “MyTRUMPF Portal”). The MyTRUMPF Portal is owned, operated, and maintained by TRUMPF, Inc. TRUMPF, Inc. is part of the TRUMPF Group corporate family, which is a world leader is sheet metal fabrication machinery and industrial lasers. We refer to TRUMPF, Inc. as the “Company” while we refer to TRUMPF Group, its current subsidiaries, affiliates, and brands, and any subsidiaries, affiliates, or brands we may from time to time acquire, form, or launch, as, the “TRUMPF Affiliates”. We refer to the Company and the TRUMPF Affiliates together as “TRUMPF” “we” “us” or “our”.
In addition to the lower case words “we” “us” and “our” defined above, you will notice that we capitalize certain words in these Terms and Conditions even though the rules of grammar do not require that they be capitalized. We do this because these words have specific meanings in these Terms and Conditions. These specific meanings are found where the capitalized words are placed in bold text inside parentheses and quotation marks.
1. Information on the MyTRUMPF Portal.
“Content” refers to any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the MyTRUMPF Portal, including without limitation any list of TRUMPF products you may own, product part lists, and pricing information. The MyTRUMPF Portal and the Content are provided to you without charge as a convenience and for your information only. By providing access to the Content, we do not warrant or represent that:
- the Content is accurate or complete;
- the Content, including without limitation price lists and part numbers, is up-to-date or current or free from technical inaccuracies or typographical errors;
- TRUMPF has a duty to update any Content;
- the Content is free from changes caused by third parties; and
- your access to the MyTRUMPF Portal will be free from interruptions, errors, computer viruses, or other harmful components.
You acknowledge and agree that the Content provided through the MyTRUMPF Portal is specific to authorized users and therefore may be of a non-public and/or confidential nature. As such, except for product-specific information that may be disclosed to our prospective customers, you shall not disclose the Content to any third party without our express written consent and will at all times handle Content with at least reasonable protective care.
Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained on or through the MyTRUMPF Portal. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content available on or through the MyTRUMPF Portal. We strongly suggest you consult your own advisor(s) before relying on any advice or information you obtain on or through the MyTRUMPF Portal. We do not assume any liability for these matters.
2. Collection of Certain Information
3. Terms and Conditions of Sales
The MyTRUMPF Portal offers you the ability to place orders with the Company for genuine TRUMPF products, including spare parts and accessories. Submission of an order by you through the MyTRUMPF Portal does not constitute acceptance of the order by the Company. Unless otherwise agreed to in writing by you and the Company, the Company’s standard terms and conditions of the contract of sale (available here www.us.trumpf.com/products/laser-technology/services/spare-parts/standard-terms-conditions.html ) apply to all transactions and are hereby incorporated by reference. All prices for orders are: (a) the Company’s current prices and are subject to change without notice at any time prior to acceptance of your order, whether or not such prices or changes are accurately reflected on the MyTRUMPF Portal; (b) FOB Company’s plant in Farmington, Connecticut (or FOB such warehousing facilities as the Company may establish to serve the territory); and (c) subject to all federal, state, local, or other taxes or charges imposed by any governmental authority, domestic or foreign, upon the production, sale, or shipment of goods sold hereunder, now or hereafter becoming effective. Charges for shipping and taxes will be included in your invoice and are not reflected in the prices listed on the MyTRUMPF Portal. If shipping or taxes are not included in the invoice, such amount may be invoiced later, and you shall pay all such shipping and taxes. These Terms and Conditions constitute the final, complete, and exclusive statement of the agreement between the Company and you for all transactions conducted through the MyTRUMPF Portal. No modification, addition, or condition stated by you in making an offer or acknowledging an order shall be binding upon the Company if in conflict with, inconsistent with, or in addition to these Terms and Conditions unless expressly approved in writing by the Company.
4. Your Account and Password
In order to use certain portions of the MyTRUMPF Portal, you may be required to establish or use an account and may be provided with a user name and password for such purpose. If you are provided a user name and password, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account, including without limitation orders placed. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of the MyTRUMPF Portal’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify us if you desire to cancel your account on the MyTRUMPF Portal. If any employee permissibly uses a user name and password to access the MyTRUMPF Portal and such individual ceases to be your employee, you will immediately cease use of that user name and password and alert TRUMPF in order that the applicable password and, if we determine, user name, may be changed. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision
While we cannot guarantee that all the features and functions of our MyTRUMPF Portal will be fully accessible by all people with disabilities, we are committed to making the MyTRUMPF Portal available to all our visitors, including those with disabilities, and have designed the MyTRUMPF Portal with accessibility in mind. You can help. If you notice any content, feature, or functionality of the MyTRUMPF Portal that is not accessible to people with disabilities, please email us at the e-mail address provided above with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not accessible or suggestion for improvement. We cannot promise that we will reply to your e-mail or make the changes you suggest, but we can assure you that we take your input seriously and will evaluate it in the context of our overall accessibility design.
6. Prohibited Conduct
The MyTRUMPF Portal may not be used in any manner that is unlawful or harmful to our rights or rights of any third party. You shall not use the MyTRUMPF Portal in a manner that exceeds the specific authorization we grant to you under these Terms and Conditions. The prohibition on unauthorized uses includes (but is not limited to) an express prohibition of any attempt to: (a) retrieve, alter, or destroy data on, from, or through the MyTRUMPF Portal; (b) probe, scan, or test the vulnerability of a system or network on, from, or through the MyTRUMPF Portal; (c) breach or defeat system or network security measures on, from, or through the MyTRUMPF Portal such as authentication, authorization, confidentiality, intrusion detection, or monitoring; (d) interfere with or disrupt the MyTRUMPF Portal or our business, operations, or services; (e) interfere with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by any of our third party suppliers; (f) interfere with or disrupt the legitimate use of the MyTRUMPF Portal by any person; (g) transmit, distribute, disseminate, publish, or store any information that is in violation of any applicable law or regulation or is defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (h) violate the privacy rights of any party under applicable law or regulation; (i) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, computing, or network devices or telecommunications equipment, or those of any authorized user or any of their third party suppliers; (j) use the MyTRUMPF Portal to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages even if previously solicited by the intended recipient; or (k) copy (whether directly or by use of any “scraping” or related technology) any of the contents of the MyTRUMPF Portal.
7. Compliance with Laws
You represent and warrant that your use of the MyTRUMPF Portal will comply with any and all applicable international, federal, state, and local laws and regulations and that you will not restrict or inhibit any other user from using and enjoying the MyTRUMPF Portal.
We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party content on the MyTRUMPF Portal by framing or other methods. The links to third party web sites are provided for your convenience and information only. We reserve the right to terminate a link to a third party web site from the MyTRUMPF Portal at any time, with or without prior notice to you. The fact that we provide a link to a third party web site does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party web site’s owners or sponsors. The linked web sites are not under our control so we not responsible for their availability, content, advertising, products, or materials, including any further links in a third party site. If you decide to access any of the third party sites linked through the MyTRUMPF Portal, you do this entirely at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the third parties. You should carefully review their privacy statements and other conditions of use and sale. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses, and other items of a destructive nature. We will not be held directly or indirectly responsible or liable for any loss or damage that is caused or alleged to have been caused to you in connection with any content, advertisements, products, or other resources available on any other Internet site (regardless of whether the MyTRUMPF Portal is directly or indirectly linked thereto). You should direct any concerns with respect to any third party web site to that web site’s administrator or webmaster.If a third party links to the MyTRUMPF Portal, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not aware that a third party has linked to the MyTRUMPF Portal.
9. Intellectual Property Rights
As between us and you, we exclusively retain all intellectual property rights (including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and authorship) throughout the world in and to the all material and Content within the MyTRUMPF Portal and all of their derivative works and improvements (as each of those terms is defined and applied under Title 17 and Title 35 U.S.C., respectively) including, without limitation, all materials that result from our performance of any services. The MyTRUMPF Portal is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. The Content is protected by trademark and copyright laws, the laws of privacy and publicity, and communications regulations and statutes. If you violate these restrictions, you may be subject to civil and criminal penalties. You may not reprint, republish, resell, or redistribute these materials in any form or manner without our express written consent. Nothing on the MyTRUMPF Portal should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks without written permission. Requests to use trademarks owned by other companies which may be mentioned on the MyTRUMPF Portal should be directed to such other companies. We aggressively enforce our intellectual property rights. You are not authorized to use our logo as a hyperlink to the MyTRUMPF Portal, or in any form, unless you obtain our written permission in advance.
10. Disclaimer of Warranties
THE MYTRUMPF PORTAL CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUMPF MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE MYTRUMPF PORTAL, OR THAT THE MYTRUMPF PORTAL WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRUMPF THROUGH THE MYTRUMPF PORTAL SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE MYTRUMPF PORTAL, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE MYTRUMPF PORTAL. YOU SHOULD NOT RELY ON THE MYTRUMPF PORTAL TO MAINTAIN ANY SUBMISSIONS YOU MAY MAKE. YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE MYTRUMPF PORTAL FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
11. Indemnity; Limitation of Liability
You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, licensors, suppliers, and any of our third party information providers (“TRUMPF Parties”) harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your misuse of the MyTRUMPF Portal or any violation of the law or these Terms and Conditions by you. You agree that the TRUMPF Parties shall have no liability to you under any theory of liability or indemnity in connection with your use of the MyTRUMPF Portal. You hereby release and forever waive any and all claims you may have against the TRUMPF Parties for losses or damages you sustain in connection with your use of the MyTRUMPF Portal. UNDER NO CIRCUMSTANCES SHALL THE TRUMPF PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ACCESS TO, USE OF, OR INABILITY TO USE THE MYTRUMPF PORTAL, OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH TRANSMISSION OF INFORMATION VIA THE INTERNET (INCLUDING LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THE MYTRUMPF PORTAL), EVEN IF ONE OF THE TRUMPF PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF YOUR DAMAGES. If your use of the MyTRUMPF Portal results in your need to service, repair, or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
12. Third Party Rights
Some of the provisions of these Terms and Conditions are for the benefit of the TRUMPF Parties. The TRUMPF Parties as individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
With or without prior notice to you, we may terminate, change, suspend, add to, or discontinue any aspect of the MyTRUMPF Portal without any liability to you.
14. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Connecticut without regard to principles of conflicts of laws. All proceedings relating to the MyTRUMPF Portal or these Terms and Conditions shall be brought in the state or federal courts located in Connecticut and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts. We control and operate the MyTRUMPF Portal from our offices in the United States of America. We do not represent that the Content is appropriate or available for use in other locations. Persons who choose to access the MyTRUMPF Portal from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the MyTRUMPF Portal or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Should any provision of these Terms and Conditions be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms and Conditions will not constitute a waiver of any other or future breach, and will not act to amend or negate the rights of the waiving party. These Terms and Conditions constitute the complete agreement of the parties with respect to the subject matter hereof, and supersede all prior agreements and understandings in relation thereto.