Terms of Use

Last Updated: April 6, 2025

1. ACCEPTANCE OF TERMS

Welcome to the Hoffman Portal ("Portal"), a proprietary platform provided by JD Martin Company, Inc. ("JDM", "we", "us", or "our") in partnership with NVENT MANAGEMENT COMPANY. By accessing or using the Portal, you agree to be bound by these Terms of Use ("Terms"), our Privacy Policy, and any additional terms referenced herein.

2. ELIGIBILITY AND REGISTRATION

2.1 Authorized Users

The Portal is available exclusively to authorized users, including Hoffman distributors, integrators, OEMs, contractors, engineers, and other qualified business partners. Access is granted at the sole discretion of JD Martin Company, Inc.

2.2 Account Registration

To access the Portal, you must complete the registration process and maintain accurate, complete, and current information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

2.3 Company Association

Your Portal account may be associated with a specific company. You represent and warrant that you are authorized to access the Portal on behalf of such company and to view any company-specific information, including custom pricing.

3. PORTAL SERVICES

3.1 Product Information

The Portal provides access to nVent Hoffman product information, specifications, technical drawings, and documentation. While we strive to ensure accuracy, all product information is provided "as is" and subject to change without notice.

3.2 Inventory and Pricing

The Portal may display inventory availability and pricing information. Inventory status is updated regularly but may not reflect real-time availability. Pricing displayed in the Portal may include custom pricing based on your company's agreements with nVent. All pricing is subject to change without notice.

3.3 Project Management

The Portal allows you to create and manage projects, save product selections, and share project information with authorized users within your organization. You are responsible for all content you upload, post, or otherwise transmit through the Portal.

3.4 Customization Requests

The Portal may enable you to submit customization requests for Hoffman products. All customization requests are subject to review and approval by JDM & nVent. JDM and nVent reserves the right to decline any customization request at its sole discretion.

4. USER RESPONSIBILITIES

4.1 Compliance with Laws

You agree to use the Portal in compliance with all applicable laws, regulations, and industry standards.

4.2 Prohibited Activities

You agree not to:

• Use the Portal for any unlawful purpose
• Attempt to gain unauthorized access to the Portal or its systems
• Interfere with the operation of the Portal
• Upload, post, or transmit any material that infringes intellectual property rights
• Upload, post, or transmit any harmful code, malware, or other malicious software
• Share your account credentials with unauthorized users
• Access, download, use, or transfer Portal information except as permitted by these Terms
• Attempt to reverse engineer, decompile, or disassemble any portion of the Portal

4.3 Data Usage

You may only use data obtained through the Portal for legitimate business purposes related to the specification, purchase, or implementation of nVent Hoffman products. You may not use Portal data for competitive analysis or to develop competing products.

5. INTELLECTUAL PROPERTY

5.1 JDM Ownership

The Portal, including all content, features, and functionality, is owned by JDM and protected by copyright, trademark, and other intellectual property laws. No right, title, or interest in the Portal is transferred to you.

5.2 Limited License

Subject to these Terms, JDM grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Portal for your legitimate business purposes.

5.3 Trademarks

nVent, Hoffman, and all related logos, product names, and service names are trademarks of nVent or its affiliates. Nothing in these Terms grants you any right to use nVent trademarks without nVent's prior written consent.

5.4 User Content

You retain full ownership of any content you upload to the Portal. By uploading content, you grant JDM & nVent a limited license to use such content solely within the Portal for the specific purpose of designing and manufacturing enclosure products related to the content you have supplied. JDM & nVent will not publish, reproduce, or redistribute your content outside of the Portal environment, and will not use your content for any purpose other than to fulfill your specific enclosure product requirements in collaboration with you.

6. PRIVACY AND DATA SECURITY

6.1 Privacy Policy

Your use of the Portal is subject to our Privacy Policy, which governs our collection, use, and disclosure of information.

6.2 Data Security

We implement reasonable security measures to protect your information. However, no method of transmission or storage is 100% secure. You acknowledge and accept this inherent risk when using the Portal.

6.3 Viewing History

The Portal may track and store your viewing history, including products you view, to enhance your user experience and provide personalized recommendations.

7. THIRD-PARTY LINKS AND SERVICES

7.1 Third-Party Websites

The Portal may contain links to third-party websites or services. JDM & nVent is not responsible for the content or practices of any linked third-party sites and does not endorse or make any representations about them.

7.2 nVent Website Terms

When accessing or linking to the nVent website from the Portal, nVent's formal terms of use are applicable and governing. nVent's terms of use can be found at https://www.nvent.com/en-us/terms-use. You agree to comply with nVent's terms when accessing nVent content or websites through the Portal.

8. DISCLAIMER OF WARRANTIES

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JDM & NVENT DOES NOT WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JDM & NVENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PORTAL, EVEN IF JDM & NVENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NVENT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PORTAL EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PORTAL DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless JDM & nVent and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Portal, your violation of these Terms, or your violation of any rights of a third party.

11. TERM AND TERMINATION

11.1 Term

These Terms shall remain in effect until terminated by you or JDM & nVent.

11.2 Termination by You

You may terminate these Terms by discontinuing use of the Portal and requesting deactivation of your account.

11.3 Termination by JDM & nVent

JDM & nVent may terminate or suspend your access to the Portal at any time, without notice, for any reason, including if JDM & nVent believes you have violated these Terms.

11.4 Effect of Termination

Upon termination, your right to access and use the Portal will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. CHANGES TO TERMS

JDM & nVent reserves the right to modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on the Portal with a new "Last Updated" date. Your continued use of the Portal after such changes constitutes your acceptance of the new Terms.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through binding arbitration in Houston, Texas, in accordance with the rules of the American Arbitration Association.

13.3 Waiver of Class Actions

You agree to resolve any disputes on an individual basis and waive any right to pursue a claim on a class or consolidated basis.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and nVent regarding the Portal.

14.2 Severability

If any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions shall remain in full force and effect.

14.3 No Waiver

JDM & nVent's failure to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign these Terms or any rights or obligations hereunder without JDM & nVent's prior written consent. JDM & nVent may assign these Terms without restriction.

14.5 Contact Information

If you have any questions about these Terms, please reach out to your local Hoffman Representative.

By using the Hoffman Portal, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.