PurView® Platform for Smart Buildings Terms of Use (effective September 29, 2020)

Welcome to the PurView Platform (the "Site"), provided by UL Verification Services. (“UL”) ("we” or “us”). Collectively, UL and its affiliates shall be known as the “UL Companies.”    Please read these terms of use (“Terms”) carefully before using the Site. 

THESE TERMS SUPERCEDE IN THEIR ENTIRETY THE TERMS OF USE YOU MAY CLICK TO ACCEPT ON THE PURVIEW PLATFORM (“PURVIEW TERMS”).  IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND THE PURVIEW TERMS, THESE TERMS SHALL CONTROL.

1. Agreement.

These Terms, including the Data Use Tier Disclosure Appendix below, constitute an agreement between UL and the organization on whose behalf you are utilizing the Site (“Agreement”).  That organization may be a manufacturer or reseller of products, a supplier within a supply chain, a building owner, a company who wishes to assess their buildings/facilities, or a provider of other services, such as property or utilities  (hereafter, a “Company”).  You represent that you are authorized by your Company to utilize the Site, provide the information requested by the Site and bind your Company to this Agreement. "You" and "your" will refer to that Company.  "UL" and "you” may be collectively referred to as “Parties” or individually as a "Party."

In order to use the Site, you must first register for an administrative account. During registration you are required to provide contact information (such as your name and email address) and to identify the Company you represent. As a registered user, we will provide you with a password-protected account. It is your responsibility to select an appropriate password for this account, to change it regularly and to ensure that your password is not disclosed to others.

By obtaining your administrative account and accessing the Site, you accept and agree to be legally bound by this Agreement.  If you do not agree to these Terms, you should not access or use the Site. 

Further, you should note that this Agreement may be updated or amended from time to time. All such updates and changes are effective 30 days following notice thereof, which UL will give by posting a revised version of this Agreement or other notice on this Site.  It is your responsibility to review this Agreement to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the Terms of this Agreement.  If you do not agree to such changes, then you should not access or use the Site.

The Terms, including any disclaimers or conditions, in this Agreement are of general application and may be supplemented by additional terms or conditions of specific application on any particular page of this Site. 

2. Services

Through the Site, Company(ies) engage UL so they may answer questions and submit data about their facilities or companies as needed for the self-assessment. The information you contribute via the Site (or via your use of other UL services) is used to produce assessments(“Reports”) for the Company(ies)(collectively, the "Services").  The assessments in Reports are generated using evaluative frameworks that are defined by UL and  the Telecommunications Industry Association (“TIA”), and applied to the Company’s self-assessment responses. Both the data you contribute and the resulting Reports will be shared with the Company, UL, and TIA (hereafter, each a “Designated Recipient”), subject to the constraints described in the Your Information section below. 

3. Your Information.

Information  provided to us by you, or on your behalf ("Your Information") will be used to provide the Services. UL reviews your submitted data for consistency, but it does not verify via testing or other methods.  You represent and warrant that Your Information will be complete and accurate and that you are in compliance with any relevant data protection laws in furnishing it to us and agree that we may rely upon and process such information when providing the Services. In addition, you represent and warrant that all of Your Information is owned or licensed by you, and that the provision of such information does not infringe on the intellectual property rights of any third party. If any of Your Information is inaccurate, we will not be liable for any performance or alleged non-performance of the Services.  

Your Information may include “Confidential Data,” defined as attributes of a facility, or company that are (i) defined as confidential in the Data Use Tier Disclosure Appendix below; or (ii) are expressly indicated at the point of collection by UL as protected by the confidentiality terms of this Agreement.  Confidential Data does not include information that is: (i) already known to the UL Companies at the time of disclosure and not subject to an obligation of confidentiality; (ii) publicly available or that become publicly available other than through the acts or omissions of the UL Companies; (iii) subsequently acquired by the UL Companies from other sources not in violation of any confidentiality obligations; or (iv) is required by law or regulation to be treated as non-confidential. 

UL agrees to treat Your Information, including any Confidential Data, with the same degree of care it employs to protect its own confidential information and in no event less than a reasonable standard of care.  UL has implemented technical, organizational, and administrative systems, policies, and procedures to help ensure the security, integrity, and confidentiality of Your Information and to mitigate the risk of unauthorized access to, use, or alteration thereof. UL further agrees that your intellectual property submitted through the Site remains your property.  Your Information and Reports generated from it may be provided to a Designated Recipient, subject to the limitations set forth in the Data Use Tier Disclosure Appendix below.  Notwithstanding, we may only disclose Confidential Data received from you to a third-party if required  by a law enforcement action such as a court order, subpoena or search warrant. If permitted, we will provide you advance notice without undue delay so that you may oppose or limit such disclosure or seek any other appropriate relief.

Notwithstanding anything to the contrary, you agree that the UL Companies shall have a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use aggregated, anonymized data derived from Your Information, including  any Confidential Information, and your use of the Services (the “Aggregated Data”) for purposes of improving Services hereunder.

Through the Site, you may elect additional services offered by UL or third parties and instruct UL to transfer Your Information, which may include Confidential Data, to such services.  Such services are subject to separate terms and policies. Please review such terms and policies carefully. The UL Companies do not endorse and are not responsible or liable for any third party products or services.

We may also use your contact information to communicate with you about Services we provide, in order for us to: (i) survey you about our Services and potential improvements to the Services; or (ii) provide you additional information about  other UL services. You may opt-out of promotional email communications from us by clicking on a link provided in our promotional email messages.  After opting-out, you will no longer receive marketing or promotional communications but will continue to receive other messages, such as important notices or communications regarding the Services.

4. Limited Warranty and Limitation of Liability. 

Based on the information you provide through the Site, we will provide the Services in a good, workman like and professional manner. You agree to defend, indemnify, and hold any UL Company harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, which are in any way connected with any Report generated by the Site or arise in any way from your use of the Site or related to any violation of this Agreement by you, unless a claim results from the gross negligence or willful misconduct of the UL Companies.

EXCEPT AS EXPRESSLY STATED HEREIN, UL DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY DELIVERABLE HEREUNDER. THE UL COMPANIES’ TOTAL LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER IN THE 12 MONTH PERIOD PRECEDING ANY CLAIM FOR THE PARTICULAR SERVICE DIRECTLY INVOLVED. IN NO EVENT WILL EITHER YOU OR UL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DAMAGE OR LOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR FROM LOSS OF DATA, PROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, HOWEVER CAUSED. This limitation of liability will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.    

THE SITE SHOULD IN NO WAY BE CONSIDERED LEGAL ADVICE, INTERPRETATIVE COUNSEL OR OTHER PROFESSIONAL ADVICE. YOUR USAGE OF THE SERVICES AND THE SITE AND YOUR RESULTS ARE NOT A GUARANTEE OF A FACILITY(IES)’ INTERCONNECTIVITY, PHYSICAL OR CYBER SECURITY, STRUCTURAL STABILITY, SUSTAINABILITY, ENERGY COST SAVINGS, OR THAT SUCH FACILITY(IES) ARE FREE OF MOLD OR MILDEW, FREE OF BACTERIA, VIRUSES, PATHOGENS, VOLATILE ORGANIC COMPOUNDS, ALLERGENS, OR TOXINS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE UL COMPANIES DISCLAIM ANY RESPONSIBILITY RELATED TO A DESIGNATED RECIPIENT’S USE OR DISEMINATION OF YOUR INFORMATION OR A REPORT IN VIOLATION OF  THE DATA USE TIER DISCLOSURE APPENDIX BELOW. A Designated Recipient’s use and handling, including public disclosure, of any of Your Information or any Report derived therefrom provided in accordance with these Terms is between you and the Designated Recipient.

UL'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. UL IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

5. Your Use of Services

You are authorized to access the Site for the purposes using the Services.  You agree to use the Site only for purposes that are lawful and permitted by the Agreement. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Site through harvesting or automated means that are not enabled or approved through the Site itself is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Site or interferes with any other party's use of the Site. You agree not to engage in any conduct in connection with your use of the Site that is anti-competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Site or its functionality. You shall not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature. 

If applicable, you also represent and warrant that you will not cause us to violate any export, trade or other economic sanction law and  (i) will promptly advise us if a product involves technology that is subject to any government controls, including, without limitation, U.S. export controls, and will promptly supply all information needed to comply with those controls; and (ii) will make payment to us for Services with funds obtained and through financial institutions and accounts in compliance with applicable laws concerning the prevention of money laundering, terrorist financing and other illicit activities, including, without limitation, those enforced by the United States.
 

6. Fees and Payment.

Applicable fees (if any) for Services are as disclosed on the Site and are required to be made either  through any third-party service provider with whom we have contracted or to UL directly, as applicable. Prices for the Services exclude all applicable taxes and telecommunication charges. Such taxes if applicable will be charged on your final UL invoice.  Fees are nonrefundable other than as specifically provided for in Section 8 below.  UL may change the pricing for Services upon 30 days’ notice to you. 

7. UL Intellectual Property.

The Site, the Services, systems and procedures contained therein and all intellectual property associated with the operation of the Site are proprietary to the UL Companies or their licensors. Any such intellectual property is protected by copyright and other intellectual property laws and treaties.   UL reserves all rights not expressly granted. You agree not to "link," "frame" or "mirror" the Site, or any content contained on or accessible from the Site, on or from any other server or device without the advanced written authorization of UL.
 

8. Termination.

Services will automatically renew and continue until terminated by either Party with no less than thirty (30) days’ prior written notice to the other Party effective as of the end of the current subscription-year period (if applicable).  Your notice must comply with any procedures posted on the Site.  In the event UL terminates for convenience, unused prepaid fees shall be refunded.  In the event of your material breach of any service agreement with us or any other UL Company, we may immediately terminate any or all service agreements including this Agreement 30 days following notice and opportunity to cure.  Your failure or inability to pay your debts and obligations in the normal course of business as well as any filing of a petition in bankruptcy or any similar filing for protection from creditors will be a material breach by you of all service agreements with the UL Companies. Upon notice of termination of this Agreement, we will take immediate steps to bring the Services to a close in a prompt manner.  Upon termination, we are entitled to reimbursement in full for all Services provided and any other sums due pursuant to this Agreement up to the effective date of termination, including any other direct costs and expenses incurred by us in connection with the termination.

You shall have access to the Site for a period of one (1) year after completion of the self-assessment.  After this period, you will have to re-register for the Site and UL does not guarantee that previously entered data will be available.

Any terms of this Agreement that would, by their nature, survive the termination of this Agreement will so survive.

9. Trademarks and Representations.

Without the prior written consent of the appropriate UL Company and other than any logo appearing on a Report generated through our Services, you are not authorized to utilize any trademark belonging to UL.  The Services provide Reports to Designated Recipient.  Reports are generated using evaluative frameworks that are defined by UL and  TIA  and applied to the Company’s self-assessment responses.. UL does not make any independent evaluation of the quality, efficacy, or reliability of any material,  component, product, facility, or company.  A Report does not constitute any type of endorsement or rejection of your facility or company by UL. You are not authorized to make any representations contrary to the foregoing.

10. Choice of Law and Location for Resolving Disputes.

Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Illinois, without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Chicago, Illinois, USA in all disputes arising out of or relating to the use of the Services.

11. Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Services, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Subcontracting

You agree that we may subcontract this Service to any Affiliate or other third parties subject to our requirements. We will provide as a term of any such subcontract that the subcontractor will meet our current qualification requirements, including complying with the confidentiality requirements of this Agreement. UL will be responsible for any breach of this Agreement by its subcontractors.

13. Interpreting the Agreement; Assignment.

The failure of  UL  to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  All provisions of this Agreement apply to the maximum extent permitted by applicable law. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. UL may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense any rights in the Service. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and UL with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and UL with respect to the Services. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. No text or information set forth on any other purchase order, preprinted form, document or other agreement shall add to or vary the terms and conditions of this Agreement.  

14.  International Users.

Please note that our servers are based in the United States. You may not use the Site in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws. Access to and use of the Site from territories where the Site’s content is illegal is prohibited.

15.  Language of the Agreement.

If you have been provided with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your usage of the Site. If there is any contradiction between the English language version of this Agreement and a translation, then the English language version shall take precedence.

16. Electronic Signature.

This Agreement shall be executed upon  your acceptance of your administrative account, which shall constitute your signature. UL’s electronically or other properly stored copies of this Agreement, shall be the true, complete, valid, authentic and enforceable copies of these documents, and you agree that you shall not contest the admissibility or enforceability of UL's copies of them in a court or any proceeding arising out of such documents. You acknowledge and agree that this is a legally binding electronic agreement which you fully understand the Terms of and are authorized by your Company to enter into in connection with your use of the Site.

Data Use Tier Disclosure Appendix

Authorized Uses of Your Information by UL and Designated Recipients

Section I.  Data Use Consents

A. Consents Granted by a Company that Provides Data via the Purview Platform

1.     Default Consents.  Any Company that provides information via the PurView Platform       agrees to the following Data Use Tiers: Tier3 (Supplemental Reports) and Tier 4 (Public Disclosure), unless a Designated Recipient has given you an opportunity to opt-in to specific Data Use Tiers.

2.     Customized Consents. If a Designated Recipient gives you the opportunity to opt-in to specific Data Use Tiers, your selection of applicable Tiers on the Purview Platform will determine what data in Your Information and what Reports are shared with a Designated Recipient.

3.     Data shall only be provided to Designated Recipient(s) as authorized by a Company’s Consent(s).

Section II.  Definitions of Types of Data

The Purview Platform collects and manages data about ) facilities or companies.  Data provided by a Company can either be shared with a Designated Recipient consistent with the Consents a Company provides or treated as confidential. “Confidential Data” are defined as attributes of a, facility or company that (i) have not been publicly disclosed by a Company and (ii) are provided to UL under the protection of the confidentiality terms of this Agreement.  The following sections summarize the types of information collected and identify the specific data elements that are included in the definition of Confidential Data.  

A. Facilities or Companies.   To support Tier 3 and Tier 4 Data Uses (as described below in Section III), a Company may be asked to provide information about the attributes of a facility or a Company or about various environmental, social or governance policies, practices or performance.  These data may be collected on the PurView Platform.

1.     Confidential Data Regarding Facilities or Companies.    The following data elements about facilities or companies are defined as Confidential Data:

a.     Any data element that is expressly marked as Confidential Data at the point of collection.

Section III.  Data Use Tiers

Tier 3 Data Use – Supplemental Reports (Designated Recipient Internal Business Use Only)

A.   Definition.  For facilities and companies, “Supplemental Reports” include data and evaluations of policies, practices and performance in any material issue area.   All Supplemental Reports are generated using evaluative frameworks that are defined by UL and  TIA  and applied to the Company’s self-assessment..

 1.  Supplemental Reports are derived using Company-submitted data on facilities or companies that may be collected via UL’s PurView Platform, or as otherwise provided. 

2.  Confidential Data may be used to derive Supplemental Reports (e.g., as inputs for rules used to rate or qualify, facilities provided there is no disclosure of Confidential Data to the Designated Recipient.  Any data element designated at the point of collection or by this Agreement as  Confidential Data will not be disclosed to a Designated Recipient.

Tier 4 Data Use – Public Disclosure Options

A.  Definition of Public Disclosure Options:  Companies may be required  or offered the option to authorize a Designated Recipient to publicly disclose one or more of the following types of data for its external business purposes, which may include consumer-facing marketing or, facility programs:

1.  Derived Results from Supplemental Reports (Tier 4.1).  Derived Results include any qualification decisions or ratings the Designated Recipient derives based on the data about a facility or company.  Qualification decisions are determinations that a facility or company satisfies a set of criteria Ratings are scores assigned to a facility or company based on an evaluative framework based on the responses of the self-assessment A Designated Recipient may publicly disclose information from a Supplemental Reports only in a form that does not reveal the Confidential Data of any  Company

2.  Other Company-Provided Data (Tier 4.2).  A Designated Recipient may publicly disclose any   non-confidential data elements provided by a Company about a facility or company .   No Confidential Data elements may be publicly disclosed.