Website Terms of Use
Use of Materials on the Website
Environmental, Health, and Safety Policy
These are the terms and conditions of Lincoln Electric Holdings, Inc., its affiliates and subsidiaries (“Lincoln,” “Lincoln Electric,” "Company, "we" or "us"), together with any documents expressly incorporated by reference herein (collectively, the "Terms of Use"), that govern your access to and use of Lincoln Electric’s websites, including, but not limited to, www.lincolnelectric.com and www.lincolnelectriceurope.com, including any content, functionality and services offered on or through them (the "Website"). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Website.
The Website has been prepared solely for the purpose of providing information about Lincoln Electric® and the services and products it offers and promoting the understanding and safe use of electric arc welding. 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 In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date.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.
The Website is always evolving and the form and nature of the Website may change from time to time without prior notice to you. In addition, Lincoln Electric may stop (permanently or temporarily) providing the Website (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice.
You are responsible for your use of the Website, for any User Contribution 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 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.
The Website may include advertisements, which may be targeted to the User Contributions or information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website are subject to change. In consideration for Lincoln Electric granting you access to and use of the Website, you agree that Lincoln or third party providers and partners may place such advertising on the Website.
The Website includes online forums on which the Company’s customers 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.
The Website contains links to other websites which may provide information of interest to you. Links to such websites are provided as a convenience. Their content may be accessed and used by you solely as permitted by the owner of the websites and in accordance with the terms of use for those websites.
4. Use of Materials on the Website:
In consideration for being granted the right to access and use the Website, you agree that your use shall be in compliance with the various policies and terms of use as stated by the Company on the Website. You may access, copy, download and print the information on the Website for personal, non-commercial use, educational use or to promote or use the Company’s products. Any other use of content on the Website such as publication, or distribution is prohibited unless express written permission is obtained from the Company.
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.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (i) use the Website in any way that violates any applicable federal, state, local, or international law; (ii) use the Website to transmit any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (iii) use the Website to impersonate or attempt to impersonate any other person or entity; (iv) use the Website to corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the Website; (v) use the Website to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (vi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful and will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (vii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or (viii) otherwise attempt to interfere with the proper working of the Website.
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.
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.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
- 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.
We reserve the right to access, read, preserve, delete, remove from the Website and disclose any User Contribution as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Lincoln Electric, its users and the public. Lincoln Electric does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
Lincoln Electric reserves the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
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. Our challenge is to meet the needs of our customers and to exceed their expectations. On occasion, purchasers may ask 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.
The materials at this and other Lincoln Electric websites may contain various forward-looking statements and include assumptions concerning Lincoln Electric's operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, Lincoln Electric provides the following cautionary statement identifying important factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include the following: (1) successful implementation of new information systems; (2) developments in product liability litigation; (3) demands of the competitive global economy that may generate new or enhanced competitors; (4) growth opportunities (or lack thereof) in international markets; (5) the cyclicality and maturity of the welding industry; (6) changing operating factors that could affect production by impacting labor or materials; and (7) successful development of new products; (8) possible new developments in the technology of joining metals. These and other risks are discussed in greater detail in the Lincoln Electric periodic reports filed with the Securities and Exchange Commission.
The reports filed by Lincoln Electric with the Securities and Exchange Commission and listed on the Website speak only as of the respective dates on which they are filed or used by Lincoln Electric. The contents of those reports can become out-of-date. Lincoln Electric makes no commitment, and disclaims any duty, to update any of those reports.
10. Environmental, Health, and Safety Policy:
Lincoln Electric is committed to minimizing risks to human health and the environment in and around the workplace. More specifically, Lincoln is dedicated to maintaining the health and safety of its employees, customers and neighbors, as well as preserving the integrity of our environment. This commitment is supported by management and is the individual and collective responsibility of all Lincoln Electric employees.
We will achieve these goals through our EHS system and strive for continual improvement by: (i) education and training to institutionalize EHS values throughout the company; (ii) setting EHS objectives and monitoring progress to improve employee health and safety and reduce adverse environmental impacts; (iii) raising EHS awareness of all employees while stressing personal accountability and rewarding impactful behavior throughout the Lincoln organization; (iv) complying with or exceeding all applicable EHS regulatory requirements; and (v) conserving natural resources through pollution prevention, energy conservation and waste minimization.
11. Terminating This Agreement:
The Terms will continue to apply until terminated by either you or Lincoln Electric as follows.
You may end your legal agreement with Lincoln 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 eBizSupport@lincolnelectric.com. If you have any questions regarding our Privacy Policy, please contact us at privacy@lincolnelectric.com.
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.
LINCOLN ELECTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU RELY UPON OR DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM LINCOLN ELECTRIC OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
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.
BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR SUCH USE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU AGREE THAT USE OF THE WEBSITE IS SOLELY AT YOUR RISK AND YOU AGREE TO ASSUME THAT RISK. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE LINCOLN ELECTRIC PRIVACY POLICY AS STATED IN THESE TERMS OF USE, NEITHER LINCOLN ELECTRIC NOR ITS AFFILIATE COMPANIES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY INABILITY TO USE THE WEBSITE, INCLUDING LINKS TO OTHER WEBSITES, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF INFORMATION YOU SEND TO US. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY UNAUTHORIZED ACCESS TO, MISUSE, ALTERATION, THEFT, DESTRUCTION OR LOSS OF ANY RECORD OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, COMPUTER VIRUSES, FILE CORRUPTION, LOSS OF PROFITS.
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.
14. 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.
Indemnification
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.
Amendments
Lincoln’s Terms and Conditions of Sale and this Legal Notice and Terms of Use, including the Privacy Policy, may be amended from time to time without further notice and consistent with legal requirements, including the Safe Harbor relating to Privacy or Lincoln’s business requirements. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.
Applicable Law
The laws of the state of Ohio shall govern the interpretation and application of all terms of use for the Website. By accessing and using the Website you agree that all legal claims or disputes arising from your use of the Website shall be exclusively filed in the courts of the State of Ohio located in Cuyahoga County, Ohio.
Geographic Restrictions
The owner of the Website is based in the State of Ohio in the United States. Access to the Website may not be legal by certain persons or in certain countries. 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.
Waiver
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.
Entire Agreement
These Terms and our Privacy Policy 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.
If you have any questions about these Terms, please contact us.