Website Terms of Use

WEBSITE TERMS OF USE
Cates Control Systems, Inc.
Effective Date: August 15, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 12 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND REPRESENTATIVE ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. UNLESS YOU OPT OUT WITHIN THIRTY (30) DAYS AS DESCRIBED IN SECTION 12.9, YOU AND CATES AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION, AND YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

By clicking “I Agree” (or a similar button or checkbox), creating an account, submitting a form, or otherwise accessing or using the website located at www.cates.com and any related pages, features, or content (collectively, the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Website Terms of Use (these “Terms”). If you do not agree, do not access or use the Site.

1. Acceptance of These Terms
These Terms are a binding agreement between you and Cates Control Systems, Inc. (“Cates,” “we,” “us,” or “our”). You accept these Terms by taking any of the following actions: (a) clicking a button or checkbox indicating acceptance; (b) creating an account or submitting any form on the Site; or (c) accessing or otherwise using the Site. Your acceptance is effective as of the first such action and applies each time you use the Site. If you are using the Site on behalf of an organization, you represent that you are authorized to bind that organization, and “you” includes that organization.

2. Eligibility
The Site is intended for users who are at least eighteen (18) years old and is directed to businesses and professional users. By using the Site, you represent that you meet this requirement and that your use complies with all applicable laws.

3. Relationship to Other Agreements
These Terms govern your access to and use of the Site. They are separate from, and do not replace, Cates’ commercial Terms and Conditions that apply to the purchase or sale of goods and services (the “Commercial Terms”). The Commercial Terms continue to govern transactions between Cates and its buyers, vendors, and other counterparties. To the extent any conflict arises with respect to your use of the Site, these Terms control over the Commercial Terms for that purpose. If you do not transact with Cates, these Terms still apply to your use of the Site.

4. License and Acceptable Use
Subject to your compliance with these Terms, Cates grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own internal business or informational purposes. You agree not to: (a) use the Site for any unlawful purpose or in violation of these Terms; (b) copy, scrape, harvest, frame, mirror, or create derivative works from the Site except as expressly permitted; (c) introduce malware or interfere with the operation, security, or integrity of the Site; (d) attempt to gain unauthorized access to any system or data; (e) use any automated means to access the Site in a manner that imposes an unreasonable load; or (f) reverse engineer or attempt to derive source code from any part of the Site, except to the extent such restriction is prohibited by law.

5. Intellectual Property
The Site and all content, software, design, text, graphics, logos, and other materials are owned by Cates or its licensors and are protected by intellectual property laws. Except for the limited license granted above, no rights are granted to you. “Cates,” the Cates logo, and related marks are trademarks of Cates. You may not use them without prior written permission.

6. Privacy; Cookies and Tracking Technologies; Consent
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By accepting these Terms and using the Site, you acknowledge and agree that the Site and our service providers may use cookies, pixels, tags, software development kits, analytics tools, and similar technologies, and that, in connection with your use of the Site, certain information, including your IP address, device and browser identifiers, and usage information, may be collected and transmitted to and processed by Cates and its service providers and third-party partners as described in the Privacy Policy. You consent to that collection, transmission, and processing. You may manage your preferences and exercise applicable privacy rights as described in the Privacy Policy and through any consent tools made available on the Site.

7. Third-Party Links and Services
The Site may contain links to or integrate third-party websites, content, or services that Cates does not control. Cates is not responsible for, and makes no representations about, any third-party websites, content, or services. Your use of them is at your own risk and may be subject to their own terms and privacy policies.

8. Disclaimers
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CATES DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Cates does not warrant that the Site will be uninterrupted, secure, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CATES AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE. CATES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Indemnification
You agree to indemnify, defend, and hold harmless Cates and its owners, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Site or your breach of these Terms, except to the extent caused by Cates’ own gross negligence or willful misconduct.

11. Electronic Communications and Consent
When you use the Site or send communications to Cates, you consent to receive communications from Cates electronically. You agree that all agreements, notices, disclosures, and other communications that Cates provides electronically satisfy any legal requirement that such communications be in writing.

12. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CATES TO RESOLVE DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION AND LIMITS THE WAYS YOU CAN SEEK RELIEF, UNLESS YOU OPT OUT UNDER SECTION 12.9.

12.1 Scope of This Agreement to Arbitrate.
This Section 12 (the “Arbitration Agreement”) applies to any dispute, claim, or controversy, whether based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal theory, arising out of or relating in any way to the Site, your access to or use of the Site, these Terms, the Privacy Policy, or any data, information, or communications collected, processed, or transmitted in connection with your use of the Site (each, a “Dispute”). This expressly includes, without limitation, claims under privacy, data protection, and electronic communications laws, and claims relating to cookies, pixels, analytics, tracking technologies, or the collection or sharing of IP addresses or device or usage information. “Cates” in this Section includes its affiliates, owners, officers, directors, employees, agents, and service providers, each of which is an intended third-party beneficiary of this Arbitration Agreement.

12.2 Informal Resolution First.
Before initiating arbitration, the party raising a Dispute must first send the other party a written notice describing the Dispute and the relief sought (a “Notice of Dispute”). A Notice of Dispute to Cates must be sent to the address in Section 17. The parties will attempt in good faith to resolve the Dispute for sixty (60) days after the Notice of Dispute is received. This informal process is a condition precedent to commencing arbitration, and any applicable limitations period is tolled during this period. A court or arbitrator may enjoin the filing or prosecution of an arbitration brought without first complying with this Section.

12.3 Binding Arbitration.
If the Dispute is not resolved through the informal process, it will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its rules then in effect (the Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by a single arbitrator and seated in Dallas County, Texas, provided that, where required by applicable law, telephonic, video, or document-only proceedings will be made available, and an in-person hearing, if any, will be held in a location reasonably convenient to the parties. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

12.4 Delegation.
The arbitrator, and not any court, has exclusive authority to resolve all threshold issues concerning the existence, scope, applicability, interpretation, enforceability, and validity of this Arbitration Agreement, including any claim that all or part of it is void or voidable, except that the interpretation and enforceability of the Class Action Waiver in Section 12.5 is reserved for a court as set forth in Section 12.11.

12.5 Class Action and Representative Action Waiver.
YOU AND CATES 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, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join the claims of more than one person, and may not preside over any form of a class, representative, or consolidated proceeding, except as expressly provided in Section 12.7. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

12.6 Jury Trial Waiver.
YOU AND CATES EACH WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE, WHETHER RESOLVED IN ARBITRATION OR, IF THIS ARBITRATION AGREEMENT IS FOUND NOT TO APPLY, IN COURT.

12.7 Coordinated or Mass Arbitrations.
If twenty-five (25) or more Notices of Dispute raising similar claims are submitted by or with the assistance or coordination of the same or coordinated counsel, and such cases are to be administered together, the parties agree that the demands will be resolved in staged batches of no more than fifty (50) at a time. Counsel will select an equal number of demands per side to proceed first as a bellwether batch before a single arbitrator, with remaining demands stayed. After each bellwether batch, the parties will engage in a single global mediation. This Section is intended to promote efficiency and the fair and orderly resolution of related claims, and any applicable limitations period is tolled for stayed demands.

12.8 Exceptions; Public Injunctive Relief.
Notwithstanding the foregoing: (a) either party may bring an individual action in small claims court for disputes within that court’s jurisdiction; (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information; and (c) to the extent a claim seeks public injunctive relief that may not, as a matter of applicable law, be waived or compelled to arbitration, that specific request for public injunctive relief shall be severed and stayed pending the completion of arbitration of all other claims, and shall then proceed in a court of competent jurisdiction. The remainder of the Dispute will be resolved in arbitration. Seeking relief under this Section does not waive the Arbitration Agreement as to any other claim.

12.9 Your Right to Opt Out.
You may opt out of this Arbitration Agreement within thirty (30) days after you first accept these Terms by sending written notice to [email protected] or to the address in Section 17, stating your name, the email or account associated with your use of the Site, and a clear statement that you wish to opt out of the Arbitration Agreement. Opting out will not affect any other provision of these Terms. If you do not opt out within thirty (30) days, you are bound by this Arbitration Agreement.

12.10 Arbitration Costs.
Payment of filing, administration, and arbitrator fees will be governed by the applicable AAA rules, except that Cates will pay or reimburse any portion of such fees that the rules or applicable law require Cates to bear, or that the arbitrator determines is necessary to prevent the arbitration from being cost-prohibitive compared to litigation. Each party otherwise bears its own attorneys’ fees and costs, except where a statute or the arbitrator’s award provides otherwise.

12.11 Severability and Effect of Invalidity.
If any part of this Arbitration Agreement other than the Class Action Waiver is found unenforceable, that part will be severed and the remainder will be enforced. If the Class Action Waiver in Section 12.5 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed and adjudicated in a court of competent jurisdiction, while all other claims will proceed in arbitration.

12.12 Survival.
This Arbitration Agreement survives the termination of these Terms and your use of the Site.

13. Governing Law and Forum
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 12. For any Dispute not subject to arbitration, and where not otherwise required by applicable law, you and Cates consent to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas, and waive any objection to such venue.

14. Changes to These Terms
Cates may modify these Terms from time to time. If we make material changes, we will post the updated Terms on the Site and update the Effective Date, and where appropriate provide additional notice or request renewed acceptance. Changes do not apply retroactively to any Dispute of which Cates had written notice on the effective date of the change. Your continued use of the Site after changes become effective constitutes acceptance of the updated Terms.

15. Suspension or Termination of Access
Cates may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if Cates believes you have violated these Terms. Sections that by their nature should survive termination, including Sections 5, 8, 9, 10, 12, and 13, will survive.

16. General
These Terms, together with the Privacy Policy and any documents expressly incorporated by reference, constitute the entire agreement between you and Cates regarding your use of the Site and supersede all prior understandings on that subject. If any provision is held unenforceable, the remaining provisions remain in full force and effect. Cates’ failure to enforce any provision is not a waiver. You may not assign these Terms without Cates’ prior written consent; Cates may assign them freely. Section headings are for convenience only and do not affect interpretation.

17. Contact Information
Questions about these Terms, and any Notice of Dispute or opt-out notice, may be sent to: Cates Control Systems, Inc., 4001 East Plano Parkway, Suite 500, Plano, TX 75074; Attn: Legal; [email protected].

By clicking “I Agree” or by accessing or using the Site, you acknowledge that you have read and understood these Terms, including the Arbitration Agreement and Class Action Waiver in Section 12, and agree to be bound by them.