Terms of Access

1. Updates to the Agreement

From time to time, Grainger may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through the mobile app or a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Grainger Property. Your continued access or use of the Grainger Property after we publish our changes to the Agreement means that you are consenting to the updated terms.

From time to time, Grainger may update this Agreement. If we materially update any portion of this Agreement, we will notify you by posting a notice on our website before the date the update becomes effective. We will post the updated Agreement in its original location marked with the new date. Changes will not be retroactive and will not apply to any Claim (as defined in Section 16) that accrued prior to the effective date of the change. If you object to any changes, you should not access or use the Grainger Property. Your continued access or use of the Grainger Property after we publish our changes to this Agreement means that you are consenting to the updated terms.

2. Grainger Property

A. Your Right to Use Grainger Property

Grainger grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Grainger Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the Grainger Property, subject to this Agreement. Any access or attempt to access other areas of Grainger Property or any Grainger systems or other information contained on Grainger Property or Grainger systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Grainger Property, or on any materials printed or copied from the Grainger Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Grainger Property, registering and/or using Grainger or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Grainger domains, trademarks, taglines, promotional campaigns or Grainger Content.

B. Eligibility

You may use the Grainger Property only if you can form a binding contract with Grainger, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Grainger Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. Please note that if you are an individual and you access or use the Grainger Property on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) this Agreement is an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to this Agreement (and if you do not have that authority, you may not access or use the Grainger Property); (c) your acceptance of this Agreement will bind such Organization to this Agreement; (d) your individual right to access and use the Grainger Property may be suspended or terminated (and ownership and administration of your account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of the Grainger Property with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for the Grainger Property using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of the Grainger Property (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using the Grainger Property on behalf of that Organization in our sole discretion.

C. User Accounts

To use certain features on the Grainger Property, such as viewing your past orders or saved searches, you may need to register and create an account on the Grainger Property (your “User Account”). You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (a password that is unique to the account, is 16 or more characters or a passphrase) with your User Account. If we determine that your password is unsafe, we may notify you and recommend you use a different strong password. If you use a weak password or one we identify as unsafe, you accept all liability and risk if someone uses that password to access your account without your authorization. You must notify Grainger immediately of any breach of security or unauthorized use of your User Account. Grainger will not be liable for any losses caused by any unauthorized use of your User Account. By providing Grainger your email address you consent to our using the email address to send you service-related notices relating to the Grainger Property, including any notices required by law or regarding updates to this Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Grainger Property and, depending on where you are resident, special offers. If you do not want to receive such email messages, you may opt out or change your preferences by Email Preference Link. Grainger will not be responsible for automatic inbox filtering in connection with the notifications it sends via email.

D. Availability of Grainger Property

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Grainger Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Grainger Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Grainger Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the Grainger Property and that Grainger will have no liability to you if the Grainger Property is discontinued or your ability to access the Grainger Property or any content you may have posted on the Grainger Property is terminated. By accessing or linking to the Grainger Property, you assume the risk that the information on the Grainger Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Grainger may add, change, discontinue, remove, or suspend any of the information, features and other content included in the Grainger Property at any time, without notice and without liability. Due to the open nature of the Grainger Property, and the potential for errors in the storage and transmission of digital information, Grainger does not warrant the accuracy of information contained on or obtained from the Grainger Property.

E. Hypertext Links

The Grainger Property may be linked to other sites that are not maintained by Grainger. Grainger is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Grainger of the linked sites. Grainger disclaims any and all liability for links: (i) from another site to the Grainger Property, and (ii) to another site from the Grainger Property. Grainger is not responsible for the information, material, or services of linked third-party web-sites and does not make any representations regarding their content or accuracy. If you choose to link from the Grainger Property or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Grainger’s Privacy Policy do not apply to your use of such sites. In order to link to the Grainger Property all users must comply with the Grainger Linking Terms.

F. Visual and Barcode Search

Grainger may, from time to time, make available a functionality through the Grainger Property that allows you to upload images and barcodes to the Grainger Property and that analyzes such images in order to search for and return suggested products available through the Grainger Property that match those images and barcodes ("Visual Search"). In order to use Visual Search, you will need to download our mobile application onto your device and allow the application to access the camera on your device. You must ensure that all images you upload through Visual Search comply with the paragraph below headed "Uploading Images, Reviews and other Content". We reserve the right to suspend your access to Visual Search or the Grainger Property if you breach this Agreement. Grainger makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any image or barcode search functionality. You agree that you will not post, upload, or transmit images of any type that infringe or violate any rights of any party and warrant that you obtained all required releases or permissions to upload any images or barcodes to the Grainger Property. Grainger is not responsible for the upload of any images of a third-party.

G. Chat functionality

Grainger may make available certain messaging features through the Grainger Property that allow you to message and share content with a customer service representative in real time (the "Messaging Service"). In addition to any other requirements in this Agreement, when using the Messaging Service, you must ensure that any messages, images or other content that you upload to the Messaging Service comply with the paragraph below headed "Uploading Images, Reviews and other Content" and you must not: (i) threaten or abuse any customer service representative through the Messaging Service, or abuse or invade another person's privacy, or cause annoyance, inconvenience or needless anxiety, or do anything through the Messaging Service that is likely to harass, upset, embarrass, alarm or annoy any other person; (ii) advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property; or (iii) promote or advertise any goods or services or send any unsolicited marketing communications through the Messaging Service. Failure to comply with the above paragraph may result in us immediately suspending or terminating your access to the Messaging Service and/or the Grainger Property; issuing a warning to you; taking legal action against you (including proceedings for reimbursements of all costs, including reasonable administrative and legal costs, that we incur as a result of your breach); disclosing such information to law enforcement authorities as we reasonably believe is necessary; and taking any other steps that we reasonably deem appropriate.

H. Accessibility

W.W. Grainger, Inc. is committed to accessibility, diversity and inclusion for all of its guests. We believe everyone should be able to easily shop online at www.grainger.com, use our mobile app and access our services easily. We set high standards for web accessibility and constantly strive to ensure we’re in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making your online experiences the best they can be. We welcome feedback from guest experiences. If you have any questions about our accessibility features, please contact us at 1-800-472-4643 or accessibility@grainger.com.

I. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Grainger Property may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a Promotion conflict with this Agreement, the Promotion rules will govern.

3. Use of and Responsibility for Content

A. Uploading Images, Reviews and other Content

From time to time on certain areas of the Grainger Property you may be able to submit or transmit to, though, or in connection with the Grainger Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication ("User Content"). By submitting or otherwise transmitting any User Content on or through the Grainger Property, you hereby grant to Grainger a limited, perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. With regard to the Visual Search (described above), this license additionally includes the right to use the images you upload to enhance and continually improve our visual search algorithm and functionality. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. Grainger does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You are responsible for the accuracy and reliability of all User Content. Grainger will in no way be liable for any lack of legality, infringement or appropriateness of User Content. All users are prohibited from submitting User Content that is offensive, deceptive, or contains advertising. You represent and warrant that you own or have a valid license to User Content set forth herein, and the displaying, publishing, or posting of any content you submit, and Grainger’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You warrant that you possess, either directly or through the owner of any User Content, all rights to the User Content submitted, displayed, published or posted by you on the Grainger Property necessary to grant Grainger the rights to such User Content pursuant to the license granted and otherwise have the right and necessary licenses and permissions from third parties to grant the license above.

You acknowledge that you may be exposed to other users’ User Content that is, e.g., inaccurate, offensive, or otherwise unsuited to their purpose (etc.) and agree that Grainger will not be liable for any damages resulting or relating to any User Content.

If you make any submission or if you submit any business information, idea, concept or invention to Grainger by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Grainger a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to Grainger.

B. Third-Party Technology, Websites and Applications

The Grainger Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Grainger is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk and on an “as is” basis. Third-party technology may be subject to separate terms and conditions applicable to such technology. To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as Grainger may provide to you from time to time. In the event of conflict between third-party terms and this Agreement, this Agreement shall control as between You and us.

4. ACCEPTABLE USE OF THE GRAINGER PROPERTY

Your permission to use the Grainger Property is contingent on your compliance with all applicable law, in addition to the following rules:

A. Harm to Others.

You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Grainger Property or exposes or may expose any users or visitors to the Grainger Property to any harm or liability of any sort, whether by posting User Content refers to which includes content posted by You as well as any or any content posted by any other User or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights including but not limited to a third-party’s intellectual property rights, posting any User Content that contains personal information about any individual, violating the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any). Grainger does not control, maintain or monitor user interactions or user content.

Grainger Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

• Investigate an allegation that a communication(s) do(es) not conform to the Terms of Access and determine in Grainger’s sole discretion to remove or request the removal of the communication(s).
• Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement.
• Terminate a user's access to Grainger.com upon any breach of this Agreement.
• Monitor, edit, or disclose any User Content on Grainger Properties.
• Edit or delete any communication(s) posted on the Grainger Properties, regardless of whether such communication(s) violate these standards.

B. Unauthorized Use of Grainger Content

You will not download, display, or use any Grainger Content: (i) for use in any publications, in public performances, or on websites or applications other than the Grainger Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Grainger; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Grainger and/or its licensors, or that dilutes the strength of Grainger’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates Grainger’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Grainger Content. Use of the Grainger Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

Notice and Takedown Procedures; and Copyright Agent

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the Proprietary Rights Complaint Process and follow the instructions and provide the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide the URL or any other pertinent information that will allow Grainger to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Grainger agent for copyright issues relating to this web site is as follows:

W.W. Grainger, Inc.,

100 Grainger Parkway, Lake Forest, Illinois 60045

email to ipcomplaints@grainger.com

In an effort to protect the rights of copyright owners, Grainger maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.

C. Harm to Our Systems, Property and Security

When using the Grainger Property, you will not: (i) use any electronic communication feature of the Grainger Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Grainger Content, Grainger Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data, content, extraction, or similar software or technologies). (iii) reproduce or circumvent the navigational structure or presentation of Grainger Content or Grainger Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the Grainger Property for any commercial transactions that are unrelated to the purposes for which the Grainger Property was provided; (vii) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the Grainger Property (including through its interactive features) or to users through communication channels outside of the Grainger Property, or otherwise contact another user through the Grainger Property or unsolicited outside of the Grainger Property for any purpose; and (viii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the Grainger Property, any feature of the Grainger Property, or any computer software or hardware or telecommunications equipment. In addition, you will comply with Grainger’s robots.txt file, if any.

5. Ownership

A. Intellectual Property Rights

Content on the Grainger Property that is provided by Grainger or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("Grainger Content") and the Grainger Property is the property of Grainger or its licensors (or, to the extent applicable, their licensors or users), and is protected in the U.S. and internationally under trademark, patent, trade dress, trade secret, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Grainger Content.

Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Grainger, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. You understand and agree that you have no ownership rights in the User Account or any other account you may have with Grainger, or other access to the Grainger Property or features therein.

B. Trademarks

Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Grainger Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. You agree to neither directly or indirectly obtain, nor attempt to obtain, during the term of this Agreement or at any time thereafter, any right, title or interest in or to the Trademarks of Grainger or any third-party Trademark and shall not challenge the ownership or validity of such Trademarks, and you hereby expressly waive any right which it may have to do so. You understand any Trademark on Grainger Property cannot be used unless Grainger, or the Trademark owner, provides a license in writing for use. Any goodwill associated with use of any Trademark of Grainger, or the Trademark owner will inure to the benefit of the owner of the Trademarks.

C. Patents

One or more patents and patent applications for patent owned by Grainger apply to the Grainger Property and to the features and services accessible via the Grainger Property, including United States Patent Numbers: 7,313,534; 7,343,326; 7,324,966; 7,212,976; 8,019,660; 8,249,951; 8,285,605; 8,341,030; 8,527,370, 8,600,839; and 8,694,392.

Licensed patents: http://www.35usc287.com/mobile

D. Feedback

We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication, including your User Content. With respect to your Feedback you acknowledge that: (i) Grainger receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that Grainger’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) Grainger’s use of any ideas similar to your Feedback, whether based on your User Content, provided to Grainger by third parties, or independently developed or considered by Grainger, shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense in any manner the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions and the like relating to Grainger, the Grainger Property or Grainger’s initiatives.

6. Termination

Grainger may terminate this Agreement at any time and suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if Grainger deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the Grainger Property through a User Account of another user. Grainger assumes no liability for any information removed from the Grainger Property and reserves the right to permanently restrict access to the Grainger Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Mobile Applications from Apple App Store,” “Mobile Applications from Google Play Store,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.

7. Indemnification

You agree to indemnify, defend and hold Grainger, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your use of Grainger Properties, the violation of this Agreement or which arises from the use of User Content you submitted, posted, or otherwise provided to Grainger or the Grainger Property..

8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS GRAINGER’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE GRAINGER PROPERTY, THE GRAINGER CONTENT, USER CONTENT, OR ANY OTHER GRAINGER PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE GRAINGER PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

GRAINGER MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE GRAINGER PROPERTY, THE GRAINGER CONTENT, USER CONTENT PROVIDED BY YOU OR ANY OTHER USER, OR ANY OTHER GRAINGER PROPERTY FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. GRAINGER MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. GRAINGER DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY GRAINGER WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF GRAINGER. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.

THE GRAINGER PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE GRAINGER PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GRAINGER OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PERSONAL INJURY or WRONGFUL DEATH, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GRAINGER PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER GRAINGER OR ITS LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL GRAINGER OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND GRAINGER’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE GRAINGER PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL GRAINGER, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE. WITHOUT LIMITING THE ABOVE, IF GRAINGER IS FOUND TO BE LIABLE FOR ANY DAMAGES OF ANY KIND, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100).

9. Cross Reference Information

Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING AND VERIFYING ANY INFORMATION ABOUT CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.

10. Privacy and Security

Grainger cares about the integrity and security of your personal information.” Grainger cannot guarantee the security of the site and users provide their personal information at their own risk. On certain areas of the Grainger Property, you may be given the ability to provide Grainger with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the Grainger Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual product, service or promotion. Please read the Privacy Policy for more information about Grainger’s information collection and use practices, which policy applies to information collected on the Grainger Property and your use of the Grainger Property is subject to that policy.

11. Additional Terms for Mobile Applications - General

We may make available software to access the Grainger Property via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Grainger does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

Grainger hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.

You acknowledge that we may from time-to-time issue upgraded versions of the Mobile Applications and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Grainger or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Grainger reserves all rights not expressly granted under this Agreement.

If the Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Application originates in the United States and is subject to United States export laws and regulations. The Mobile Application may not be exported or re-exported to certain countries, or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Grainger Property.

12. Mobile Applications from Apple App Store.

The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Grainger, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Grainger as provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Grainger as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Grainger, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Grainger acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

13. Mobile Applications from Google Play Store.

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement is between you and Grainger only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Grainger, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Grainger’s Google-Sourced Software.

14. Information and Complaints

If you have a question or complaint regarding the Grainger Property, please send an e-mail to ipcomplaints@grainger.com. You may also contact Grainger by phone or mail at the contact information provided on the Grainger Property. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with Grainger. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

15. Miscellaneous

Except as otherwise set forth in Section 16, (i) this Agreement will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles and (ii) by using the Grainger Property, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts located in Lake County, Illinois or the federal court for the Northern District of Illinois. This Agreement operates to the fullest extent permissible by law. Accessing materials on the Grainger Property by certain persons in certain countries may not be lawful, and Grainger makes no representation that materials on the Grainger Property are appropriate or available for use in locations outside the United States. If you choose to access the Grainger Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

This Agreement constitutes the entire agreement by and between the Parties, and any other prior representations or agreements are deemed merged herein, and those not specified herein do not represent any agreements or promises or covenants or representations on the part of either party. If Grainger fails to act with respect to your breach or anyone else's breach on any occasion, Grainger is not waiving its right to act with respect to future or similar breaches.

Except as otherwise set forth in Section 16, if any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

15. Miscellaneous

Except as otherwise set forth in Section 16, (i) this Agreement will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles and (ii) by using the Grainger Property, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts located in Lake County, Illinois or the federal court for the Northern District of Illinois. This Agreement operates to the fullest extent permissible by law. Accessing materials on the Grainger Property by certain persons in certain countries may not be lawful, and Grainger makes no representation that materials on the Grainger Property are appropriate or available for use in locations outside the United States. If you choose to access the Grainger Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

This Agreement constitutes the entire agreement by and between the Parties, and any other prior representations or agreements are deemed merged herein, and those not specified herein do not represent any agreements or promises or covenants or representations on the part of either party. If Grainger fails to act with respect to your breach or anyone else's breach on any occasion, Grainger is not waiving its right to act with respect to future or similar breaches.

Except as otherwise set forth in Section 16, if any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.

16. Dispute Resolution

PLEASE READ THIS SECTION OF THIS AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHTS TO TRY CLAIMS IN COURT BEFORE A JUDGE OR JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION.

Mandatory Informal Dispute Resolution. If you or Grainger have a Claim (defined below), you and Grainger agree to make a good faith effort to resolve it informally prior to initiating a formal arbitration proceeding. The party that intends to initiate an arbitration proceeding must first send a notice to the other party that describes the Claim. The notice must include the initiating party’s name and contact information (address, telephone number, and email address) and a detailed description of (1) the nature and basis of the Claim and (2) the nature and basis of the relief sought, with a detailed calculation. Your notice shall be sent by mail to W.W. Grainger, Inc. 100 Grainger Parkway Lake Forest, IL 60045

ATTN: Legal Department. You must personally sign the notice. Grainger’s notice to you shall be sent to the most recent contact information we have on file for you. If requested by the party that receives the notice, the other party must personally participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Claim. If the Claim is not resolved within sixty (60) days after receipt of the notice (which period can be extended by agreement of you and us), you or Grainger may commence an arbitration proceeding consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing a demand for arbitration. The statute of limitations and any filing fee deadlines for a formal arbitration proceeding shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, it may be decided by a court at either party’s election, and any arbitration proceeding shall be stayed pending resolution of the issue. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

Agreement to Arbitrate. If we are unable to resolve a Claim through the mandatory informal dispute resolution process, you and Grainger agree that, except as set forth below, all Claims between you and us will be resolved entirely through the binding individual arbitration process set forth in this Section. For purposes of this Section, “Grainger,” “we,” “our,” and “us” include Grainger and its employees, officers, directors, parents, agents, controlling persons, subsidiaries, affiliates, predecessors, acquired entities, successors, and assigns.

Claims. “Claims” subject to this Section include all of the following: (1) claims relating to or arising out of this Agreement or any prior or later versions of this Agreement, as well as any changes to the terms of this Agreement; (2) claims relating to or arising out of any aspect of any relationship between you and us; (3) claims relating to or arising out of your access of, use of, or any transactions through, by, or using the Grainger Property, including receipt of any advertising, marketing, or other communications from Grainger; and (4) claims relating to the interpretation, scope, applicability, or enforceability of this Agreement or this Section except as set forth in the Mandatory Informal Dispute Resolution, the Public Injunctive Relief Waiver, and the Additional Procedures for Mass Arbitration provisions below. Except as provided below, (1) claims are subject to arbitration whether they are based in contract, tort, federal or state statute, constitution, regulation, or any other legal theory, or whether they seek legal or equitable remedies; (2) all claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future; and (3) claims include claims or disputes that arose before the parties entered into this Agreement or after termination of this Agreement.

Claims Not Covered By Arbitration. Claims filed by you or by us in a small claims court are not subject to arbitration, so long as the dispute remains in such court and advances only an individual claim for relief. Claims filed by you or us in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration. The “Class and Representative Action Waiver” and “Public Injunctive Relief Waiver” provisions set forth additional claims not subject to arbitration.

Commencing an Arbitration. Except as set forth in the Additional Procedures for Mass Arbitration provision, unless the parties agree to select a different arbitration administrator, the arbitration shall be administered by the American Arbitration Association (“AAA”) as follows: under AAA’s Commercial Rules for commercial disputes and under AAA’s Consumer Arbitration Rules for consumers with non-commercial disputes, except as modified by this Section. AAA’s rules may be obtained from www.adr.org or 1-800-778-7879 (toll-free). If AAA is for any reason unable to serve and the parties are unable to agree on an alternative arbitration administrator, then a court of competent jurisdiction shall appoint an arbitration administrator. To commence an arbitration proceeding, you or Grainger must send a personally signed demand for arbitration that describes (1) the nature and basis of the Claim(s), and (2) the nature and basis of the relief sought, including a detailed calculation, along with a certification that you or we are party to this Section and completed the informal dispute resolution process referenced above. Your notice shall be sent to: W.W. Grainger, Inc. 100 Grainger Parkway Lake Forest, IL 60045 ATTN: Legal Department . Grainger’s notice shall be sent to the most recent contact information we have on file for you. You or Grainger must also contact AAA or chosen arbitration administrator and follow its appropriate procedures to commence the arbitration.

Arbitration Procedure. Unless you and we agree otherwise in writing, the arbitration shall be decided by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years of experience, selected in accordance with the chosen arbitration administrator’s rules.

The arbitrator will decide the Claim or Claims in accordance with the terms of this Agreement and applicable substantive law, including the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), and applicable statutes of limitation. The arbitrator shall honor claims of privilege recognized at law. Except as provided in the “Public Injunctive Relief Waiver” provision below, the arbitrator may award damages or other relief (including injunctive relief) available to the individual claimant under applicable law.

The arbitrator will take reasonable steps to protect proprietary or confidential information. Any arbitration hearing shall take place in the county in which you reside, unless the parties agree in writing to a different location or the arbitrator so orders. If all Claims are for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing in accordance with the arbitration administrator’s rules. You and a Grainger representative shall personally appear (with counsel if you and we are represented) at an initial telephone conference with a case manager before an arbitrator is appointed and at a hearing should one be scheduled by the arbitrator.

At your or our request, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and binding except that any party may appeal any award relating to a Claim for more than $100,000 or for injunctive relief to a three-arbitrator panel appointed by the arbitration administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding. In either event, you or we may seek to have the award vacated or confirmed and entered as a judgment in any court having jurisdiction.

Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA rules as set forth above or, if a different arbitration administrator is selected, its rules. If you are a consumer with a non-commercial dispute, we will pay any filing, administration, or arbitrator fees the arbitration administrator requires you to pay if, in a writing signed by you: (1) you claim to be unable to afford it; and (2) you demonstrate that you sought, but were unable to obtain, a waiver of that fee from the arbitration administrator. To the extent allowed by applicable law and our agreements, the arbitrator may award arbitration costs and attorneys’ fees to the prevailing party.

Jury Waiver and Limitation of Rights. You and we agree that, by agreeing to arbitrate any Claims, the parties are each waiving the right to a trial by jury or a trial before a judge in court (except for matters that may be taken to a court pursuant to this Section). You and we acknowledge that arbitration will limit our legal rights, including the right to participate in a class action, the right to a jury trial, the right to conduct full discovery, and the right to appeal.

Class Action and Representative Action Waiver. You and we agree that each may bring Claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless mutually agreed to by you and us, the claims of two or more persons may not be joined, consolidated, or otherwise brought together in the same arbitration. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding. This provision does not apply to requests for public injunctive relief, which are addressed in the Public Injunctive Relief Waiver provision below.

Public Injunctive Relief Waiver. Neither you nor we will have the right to seek public injunctive relief as a remedy for any Claim against one another (a “Public Injunctive Relief Request”) in arbitration, if such a waiver is permitted by the FAA. If such a waiver is deemed unenforceable, you and we agree that the Public Injunctive Relief Request shall be severed from any other Claims and/or remedies you have. The Public Injunctive Relief Request must be adjudicated by a court after all your other Claims to be decided in arbitration under this Section are resolved in arbitration. The validity, enforceability, and effect of this provision shall be determined exclusively by a court, and not by any arbitration administrator or arbitrator.

Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims of consumers with non-commercial disputes are asserted against Grainger by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules.

Counsel for the claimants and counsel for Grainger shall each select fifteen (15) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the initial bellwether process.

If the parties are unable to resolve the remaining cases after the conclusion of the initial thirty (30) proceedings, the parties shall participate in a global mediation session before a retired judge, and Grainger shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, each side shall select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of this staged process.

If the parties are unable to resolve the remaining cases after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired judge, and Grainger shall pay the mediator’s fee. If the parties are unable to resolve the remaining matters in mediation at this time, this staged process shall continue with one hundred (100) cases proceeding at one time that are selected randomly or by the AAA in staged sets, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. Between staged sets of proceedings, Grainger agrees to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims.

A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator unless the parties agree otherwise. The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this provision from the time the first cases are selected for the initial bellwether process until the time your case is selected, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have the authority to enforce this paragraph by enjoining the mass filing or prosecution of arbitration demands against Grainger. Should a court of competent jurisdiction decline to enjoin this provision, you and we agree that your and our counsel shall engage in good faith discussions with the assistance of an arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

Governing Law. Notwithstanding any other section in this Agreement to the contrary, you and we agree that you and we are participating in transactions that involve interstate commerce and that this Section and any resulting arbitration are governed by the FAA. Notwithstanding any section in this Agreement to the contrary, to the extent state law applies, the laws of Illinois without regard to conflicts of law principles shall apply. No state statute pertaining to arbitration shall apply.

Severability. Notwithstanding any section in this Agreement to the contrary, if any provision of this Section, except for the Class Action and Representative Action Waiver provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Section. However, if the Class Action and Representative Action Waiver provision is deemed invalid or unenforceable in whole or in part, then this entire Section shall be deemed invalid and unenforceable.