Terms of Service Policy
Last Updated: September 15, 2022
1. Basic Terms:
The Website has been prepared solely for the purpose of providing information about, and selling, Lincoln Electric® products and goods it offers. The Website has been compiled in good faith by Lincoln Electric. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Lincoln Electric reserves the right to add, modify or delete any information at the Website at any time.
You are responsible for your use of the Website, for any User Contribution (defined below) you post to the Website, and for any consequences thereof. You may use the Website only if you can form a binding contract with Lincoln Electric and are not a person barred from receiving goods or services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only use the Website under the direct consent and supervision of your parent or legal guardian. Anyone under 16 years of age may not use or access the Website for any reason. Please contact us if you are aware that a person under 16 is using the Website. If you are accepting these Terms and using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website. You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
2. User Contributions:
The Website may, from time to time, include online forums on which individuals can share information ("User Contributions"). All User Contributions are the sole responsibility of the person who originated such content. We may, but are not required to monitor or control the User Contributions posted on the Website and we cannot take responsibility for such User Contributions. Any use or reliance on any User Contributions posted on the Website or obtained by you through the Website is at your own risk.
You understand that by using the Website, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Lincoln Electric be liable in any way for any User Contribution, including, but not limited to, any errors or omissions in any User Contribution, or any loss or damage of any kind incurred as a result of the use of any User Contribution posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere. All posts are subject to review and any content deemed in the Company’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums or the Website.
Users who participate in the forums agree that all posts made on any forum on the Website are not private and will be publicly available to any user on the Website and may be discoverable by a search engine.
You retain your rights to any User Contribution you submit or post or display on or through the Website. By providing any User Contribution on the Website, you grant us and our affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By providing User Contributions, you represent and warrant that you own or control all rights to such User Contributions and have the right to grant the license granted above. We are not responsible (or liable to any third party) for the content or accuracy of any User Contributions posted by you or any other user of the Website. We make no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.
3. Linking Policy:
4. Use of Materials on the Website:
All right, title, and interest in and to the Website (excluding User Contributions) are and will remain the exclusive property of Lincoln Electric and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Lincoln Electric reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Lincoln Electric or the Website is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
5. Prohibited Uses:
Lincoln Electric reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
6. Content Standards:
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promise or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
7. Copyright Infringement:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringer.
8. Customer Assistance Policy:
The business of the Company is manufacturing and selling high quality welding equipment, consumables, and cutting equipment. On occasion, purchasers may ask (via the Website or elsewhere) the Company for information or advice about their use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular weldment. Accordingly, the Company does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, expand, or alter any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or any warranty of fitness for any customers’ particular purpose is specifically disclaimed.
The Company is a responsive manufacturer, but the selection and use of specific products sold by the Company is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of the Company affect the results obtained in applying these types of fabrication methods and service requirements.
9. Terminating This Agreement:
The Terms will continue to apply until terminated by either you or Lincoln Electric as follows.
You may terminate these Terms at any time for any reason by deactivating your accounts and discontinuing your use of the Website. In order to deactivate your account, please contact us at email@example.com. Without limiting any other clause in these Terms, we may suspend or terminate your accounts or cease providing you with all or part of the Website at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Website to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Website the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Website, except those Sections you expect to survive termination.
Nothing in this section shall affect Lincoln Electric’s rights to change, limit or stop the provision of the Website without prior notice, as provided above.
10. Disclaimer of Warranty:
Released Parties Defined. “Released Parties” include Lincoln Electric Holdings, Inc., and its affiliated entities, and its and their officers, directors, employees, shareholders, agents, partners, and licensors.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM MALICIOUS OR HARMFUL CODE OR OTHER DEFECTS, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.Lincoln Electric make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or any User Contribution; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any User Contribution; (iii) the deletion of, or the failure to store or to transmit, any User Contribution and other communications maintained by the Website; (iv) whether the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Lincoln Electric on or through the Website, will create any warranty not expressly made herein.
IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
11. Limitation of Liability:
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LINCOLN ELECTRIC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID LINCOLN ELECTRIC, IF ANY, IN THE PAST SIX MONTHS FOR THE WEBSITE GIVING RISE TO THE CLAIM.
12. Time Limitation For Claims:
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless Lincoln Electric from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) the failure of you or your employees or agents to comply with these Terms; (2) any User Contribution or other use of your account; and (3) any activity in which you or your employees or agents engage on or through the Website, including your provision of personal data to Lincoln on or through the Website.
These Terms and the relationship between you and us will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Website under the rules of the American Arbitration Association on a single plaintiff basis. Any such arbitration will be conducted in Cuyahoga County, Ohio. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Website:
- YOU AGREE TO ARBITRATION.
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED
The owner of the Website is based in the State of Ohio in the United States and the Website is only intended for individuals located in the United States. If you access the Website from outside the United States, you expressly represent and warrant that you have the right to do so and you are responsible for compliance with local laws, and that your access does not cause Lincoln Electric, or its affiliates or subsidiaries, to incur any legal obligation with respect to the country or territory from which you access the Website.
The failure of Lincoln to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
These Terms, including any terms included, incorporated, or otherwise referenced herein, are the entire and exclusive agreement between Lincoln Electric and you regarding the Website (excluding any services for which you have a separate agreement with Lincoln that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Lincoln Electric and you regarding the Website.
Copyright 2022 The Lincoln Electric Company. All rights reserved.