Terms of use – Philips Training

Lumileds Terms of use

Last Update: August 2017.

This website (“Web Site”) is offered to you by Lumileds.

The following Terms of Use govern your access to and use of this Web Site. Also, certain other terms and conditions made available by Lumileds may apply to specific content, data, materials, or information contained on or available through this Web Site (the “Content”), to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”), or to specific transactions made through this Web Site, and such other terms and conditions are hereby incorporated into this Terms of Use. Such other terms are in addition to these Terms of Use, unless, and only to the extent that, such other terms expressly specify that they supersede these Terms of Use with respect to such Content, User Content or transactions.

1. Acceptance of Terms of Use

By accessing or using this Web Site, you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein, and any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms and conditions, you must NOT access or use this Web Site.

BY ACCESSING OR USING THE WEB SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS OF USE. IN ADDITION, IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE WEB SITE ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THE TERMS OF USE ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THE TERMS OF USE. References to “you” and “your” in this Terms of Use will refer to both the individual using the Web Site and to any such Organization.

2. Modification of Terms

These Terms of Use may be amended by Lumileds at any time. Such amended Terms of Use shall be effective when we post the amended Terms of Use on this Web Site, or notify you of such amendment by any other reasonable means. Any changes to this Terms of Use will not apply to any dispute between you and us arising prior to the date on which we posted the amended Terms of Use incorporating such changes, or otherwise notified you of such changes. By continuing to access or use the Web Site after such posting or other notification, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Lumileds web sites may have their own terms of use which apply to such web sites.

Lumileds reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content at any time without notice. Lumileds reserves the right to restrict, refuse or terminate access of any person or entity to the Web Site, or any part thereof, effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Lumileds may use, in accordance with its Privacy Statement, any personal information provided or collected through or in connection with this Web Site.

4. DISCLAIMERS & LIMITATION OF LIABILITY

Although Lumileds seeks to ensure the accuracy of the information on this Web Site, Lumileds assumes no responsibility for such information or any other Content. Lumileds make no representations or representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any Content on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements. ALL CONTENT ON THE WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. LUMILEDS HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. LUMILEDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE THAT ANY INFORMATION TRANSMITTED IN CONNECTION WITH THIS WEB SITE MAY BE INTERCEPTED. LUMILEDS DOES NOT WARRANT THAT THE WEB SITE, THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE, OR ANY ELECTRONIC COMMUNICATIONS TRANSMITTED IN CONNECTION WITH THIS WEBSITE, ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL LUMILEDS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE CONTENT, OR FOR INTERRUPTIONS OR OMISSIONS IN INTERNET, NETWORK OR HOSTING SERVICES. LUMILEDS DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE, THE SERVICES WHICH MAKE THIS WEB SITE AVAILABLE, OR ANY ELECTRONIC COMMUNICATIONS TRANSMITTED IN CONNECTION WITH THIS WEBSITE, ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENT, EVEN IF LUMILEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST LUMILEDS PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO LUMILEDS IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

THE MAXIMUM AGGREGATE LIABILITY OF LUMILEDS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO LUMILEDS SOLELY FOR THE RIGHT TO USE THE WEB SITE; AND (B) TEN U.S. DOLLARS ($10).

ALL DISCLAIMERS AND LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS TERMS OF USE) ARE MADE FOR THE BENEFIT OF BOTH LUMILEDS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, PARTNERS, BRAND LICENSEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

You should have no expectation of confidentiality with respect to any User Content, and you acknowledge that any User Content may be made available to the public. Do not submit any confidential information through or in connection with the Web Site.

Any material downloaded or otherwise accessed or obtained through the Web Site is accessed or obtained at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from any such material.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in this Section 4, such exclusions or limitations will not apply to you, solely to the extent such exclusions or limitations are not allowed by applicable law. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.

5. Registration

Accessing certain areas of the Web Site or using certain functions or features of the Web Site may require you to register as a contributor. This registration is currently free of charge.

When you register, you must choose a unique user name or “handle” and a password, and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such e-mail fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration information to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your User Content or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

6. Use of the Web Site

By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant, and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any User Content. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate or obscure identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate or obscure your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure. You must not reverse engineer, decompile or disassemble any portion of the Web Site, except where such restriction is expressly prohibited by applicable law. You must not use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Content, or reproduce or circumvent the navigational structure or presentation of the Web Site, without Lumileds’ express prior written consent.

You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, including but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions, or any other User Content made available by you, may be used by Lumileds or any other contributor or user without compensation or attribution.

You hereby grant to Lumileds, its subsidiaries, affiliates, brand licensees and other partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable (through multiple tiers) and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content made available by you, in any media and format and for any purpose, including on this Web Site or any other Lumileds web site or in other Lumileds or Philips marketing or public relations materials.

You shall be solely responsible for your own User Content and the consequences of making it available. Lumileds may, but is not obligated to, review and monitor User Content before or after it is submitted. Without limitation, neither Lumileds nor its Affiliated Entities will be responsible or liable for the accuracy, completeness, quality or validity of User Content posted by you or by third parties.

This Web Site may provide links to other web sites that are not under the control of Lumileds, and Lumileds shall not be responsible in any way for the content of such other web sites. Your use of such web sites is at your own risk and is subject to any additional terms and policies applicable to such web sites (such as terms of service or privacy policies of the providers of such web sites).

Lumileds does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Lumileds expressly disclaims any and all liability in connection with User Content.

Lumileds has the sole right and ability (but not the obligation) to monitor, evaluate and analyze User Content and/or your use of the Web Site, and to edit and/or remove messages or any other User Content which may be objectionable, improper or otherwise in breach of these Terms of Use, for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact us immediately by e-mail.

7. Third Party Content/Software

Lumileds may provide links to third-party websites; such links are provided only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by Lumileds of the content of such web sites. Lumileds is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only, and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. LUMILEDS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO ANY SOFTWARE.

8. Copyright and Trademarks

As between you and us, all copyright and all other proprietary rights in Web Site and the Content (including but not limited to software, audio, video, text, photographs, trademarks and logos) are owned by Lumileds Holding B.V., its affiliate or licensors. All rights in the Web Site and Content not expressly granted herein are reserved. Except as otherwise provided, subject to the terms of this Terms of Use and solely for so long as Lumileds permits you to access and use the Web Site, the Content published by us on this Web Site may be used by you only in unmodified form and solely for internal, non-commercial and educational use only. The historical and factual information contained in the Content regarding the products may be used for commercial purposes in connection with the marketing, distribution and sale of the products, provided that any material containing such Content are approved in writing by Lumileds prior to use. Any other use, distribution or disclosure of the Content or the information contained therein, including without limitation distribution to third parties (in particular to our competitors), reproduction, modification, display or transmission without the prior written consent of Lumileds, is strictly prohibited.

All copyright and other proprietary notices shall be retained on all reproductions. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content, including any materials previously approved by Lumileds.

LUMILEDS and all other trademarks of Lumileds Holding B.V. and its affiliates (whether registered or not) are essential assets of the company. Proper use of these trademarks is important and you must follow the instructions of Lumileds when referencing our company’s products and services. No use of any of Lumileds’ trademarks, service marks, trade names, designs or logos may be made without the prior, written authorization of Lumileds, except to identify the products or services of Lumileds or to refer to Lumileds as a company.

PHILIPS is a registered trademark of Koninklijke Philips N.V. and its affiliates. Proper use of this trademark is important and you must follow the instructions of Philips when referencing its products and services. Find more information at www.ourbrand.philips.com.

The use and registration of the PHILIPS and LUMILEDS names is exclusively reserved to Koninklijke Philips N.V. and Lumileds Holding B.V. respectively. Except as permitted by these Terms of Use, nothing contained on this Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to any person under trademark, copyright or other proprietary right of Lumileds or Koninklijke Philips N.V. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, that consists in whole or in part of the Philips or Lumileds name, any other registered trademark owned by the parties, or any name similar thereto.

9. Proprietary Rights in the Web Site

Any User Content will be treated as non-confidential and non-proprietary, subject to our Privacy Statement.

You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Lumileds, its subsidiaries, affiliates, brand licensees, other partners or third parties. All such rights are hereby reserved by Lumileds or the applicable third party. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

10. U.S. Copyright Infringement Claims

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Web Site infringe your copyright, you (or your agent) may send to Lumileds a written notice by mail, e-mail or fax, requesting that Lumileds remove such material or block access to it. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Lumileds a counter-notice. Notwithstanding the foregoing, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing as follows:

By Mail:
Lumileds Holding B.V.
34119 W. 12 Mile Road, Suite 102,
Farmington Hills, MI 48331

By E-Mail:

The preceding information is provided exclusively for notifying Lumileds that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

11. Indemnification and Release

You agree to indemnify and hold harmless Lumileds and the Affiliated Entities from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any User Content you make available, or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content made available by you, Lumileds reserves the right to reveal your identity and any other information Lumileds may have about you.

If you have a dispute with one or more users, you hereby release Lumileds and its Affiliated Entities from any claims, demands and damages (direct, consequential or otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF YOU ARE A RESIDENT OF ANOTHER JURISDICTION, YOU WAIVE ANY COMPARABLE STATUTE OR DOCTRINE.

12. Shut-Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

13. Philips Products

The Web Site may contain references to specific Philips products and services that may not be available or readily available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Lumileds business contact for further information.

14. Safe Harbor’ Statement under the Private Securities Litigation Reform Act of 1995

The information on this Web Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of Lumileds Holding B.V. or any of its affiliates and certain of the plans and objectives of Lumileds with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of consumer and business spending in major economies, changes in consumer tastes and preferences, the levels of marketing and promotional expenditures by Lumileds and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the Euro and the US dollar can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products, our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation, and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.

15. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California. You agree to the non-exclusive jurisdiction of the courts in California for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of California.

16. Miscellaneous

This Terms of Use does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Lumileds. If any provision of this Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Terms of Use without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Terms of Use without restriction. No waiver by either party of any breach or default under this Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Terms of Use shall be construed as if followed by the phrase “without limitation.” This Terms of Use, including any terms and conditions incorporated herein, is the entire agreement between you and Lumileds relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Lumileds relating to such subject matter. Notices to you (including notices of changes to this Terms of Use) may be made via posting to the Web Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Lumileds will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

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