Webform bullets ??

Definitions [In Webform]

“Applicant” [details to be filled in by “Applicant”]

“ABB” means ABB Asea Brown Boveri Ltd.

“EEM (defined in Appendix 2)”

1. Acceptance of Webform Terms and Conditions

By accessing the www.energyefficiency.com site, including the content accessible in connection therewith, you have accepted the Terms and Conditions of Use attached hereto as Appendix 2. Unless otherwise stated herein, all capitalized terms used in this webform shall have the meaning given to them in said Appendix. 

By submitting this webform to ABB you confirm and acknowledge that you have read and understood the terms and conditions contained in this webform, including its appendices, (together “EEM T&C”), that you are authorized to represent [Applicant] and that [Applicant] agrees to abide to EEM T&C.

In the event of any conflict between the terms and conditions of the appendices to this webform and the terms and conditions of the main body of this webform, the terms and conditions of the main body of the webform shall prevail. The appendices shall take precedence in numerical order. 

2. Copyright

All Content (as defined in Appendix 2) and all content made available through [EEM closed/gated content site/area] (together “Extended Content”) as well as any intellectual property related to EEM are and shall remain the property of ABB Group or the relevant owner/licensor, as applicable, and is protected by copyright and/or other proprietary rights and laws.

Permission to use, copy and distribute the Extended Content published by ABB is hereby granted on the condition that you keep intact all copyright and other proprietary notices (e.g.  each copy contains this copyright notice in its entirety) and that no part of the Extended Content is used for commercial purposes but restricted to use for information purposes within an organization.

ABB shall, in its sole discretion, decide whether Applicant shall be entitled to use [“EEM trademark”]. Only after [written notification] from ABB, [Applicant] shall be entitled to use the [“EEM trademark”] on the conditions stipulated in [ABB License Terms and Conditions], Appendix 1.

3. Accuracy of Extended Content

All Extended Content is provided “as is” and/or “as available” without any representation or warranty of any kind either express or implied including but not limited to implied warranties for merchantability, fitness for a particular purpose or non-infringement. Any Extended Content may include technical inaccuracies or typographical errors. Changes and additions may be made by ABB from time to time to any Extended Content.

4. Applicant submitted information

Third parties may submit information to ABB, which is subsequently published by ABB on the Site and/or [EEM closed/gated content site/area] (“Closed Area”) (becoming “Content” and/or “Extended Content” as previously defined). One example is commitment/s made by [Applicant] regarding energy efficiency.

4.1. ABB’s responsibility for information submitted by [Applicant]

ABB assumes no responsibility or liability arising from any Content or Extended Content provided by [Applicant]. It is expressly understood that any commitment made by [Applicant] is made by [Applicant] alone and that ABB accepts no liability associated with such commitment.

4.2. Appropriate conduct when submitting information to ABB

Information submitted to ABB must be correct and language and content which may be regarded as inappropriate must be avoided. All information submitted to ABB must be in compliance with applicable laws.

[Applicant] is responsible for its own conduct and communications and for any consequences thereof. [Applicant] agrees to only submit information and material that are legal, proper and related to the context. [Applicant] shall only submit non-confidential or public information or material to ABB.  

4.3. ABB’s rights related to information submitted to ABB

[Applicant] grants ABB a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt and publish “[Applicant] Information” (as defined below) for the purpose of display and distribution, including marketing.

[Applicant] information” shall mean any information, including documentation, information, text and images submitted by [Applicant] to ABB [in the context of EEM].

For the avoidance of doubt, ABB shall – in its sole discretion – determine which information it will publish on the Site and/or Closed Area. 

ABB reserves the right to remove or change Extended Content at its discretion, including Extended Content which violates EEM T&C, without any liability to [Applicant].

4.4. Applicant’s rights

ABB claims no ownership or control over any content submitted by [Applicant]. [Applicant] or a third party licensor, as appropriate, retain all patent, trademark and copyright to any information [Applicant] submit and [Applicant] is responsible for protecting those rights.

5. Right to expel

ABB reserves the right to expel [Applicant] and prevent their further access to any services provided in relation to the Site, Closed Area or EEM for violating the EEM T&C or the law.

6. No partnership, trade association, professional gathering or legal entity

Acceptance of EEM T&C or use of hashtag #energyefficiencymovement on any social media platform or in any other way shall not be deemed or construed to create a partnership, trade association (or other professional gathering) or any form of legal entity.  

Nothing in EEM T&C shall be deemed or construed as creating an agency relationship between the parties and neither party shall take any action which could reasonably lead a third party to assume that it has the authority to bind the other party or make commitments on such party’s behalf.