ESAB does not grant you any express or implied rights or license to any Web Site Materials. All specific uses of any Web Site Materials must be approved in writing in advance by ESAB. ESAB’s silence or failure to respond to requests to use any Web Site Materials shall be deemed a denial of consent and does not constitute approval nor may a specific use approval be transferred to any third party without ESAB’s written consent. You may not use Web Site Materials unless and until ESAB has granted its specific written approval (by execution of a license agreement or delivery of other written permission).
Your failure to comply with these terms or any of the terms on this web site will result in automatic termination, without prior notice, of any rights granted to you and you must immediately destroy all copies of downloaded Web Site Materials in your possession, custody or control and may subject you to further liability.
3. Prohibited Conduct
Your use of the web site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations.
You agree that you may not, including, but not limited to,:
- copy any Web Site Materials (except as expressly permitted in writing by ESAB);
- post, reproduce, or transmit Web Site Materials to a third-party website, service, application, and/or platform;
- modify Web Site Materials, including, but not limited to, by removing identification, copyright or other proprietary notices from Web Site Materials, or by framing, mirroring, or utilizing similar techniques;
- create derivative works of Web Site Materials or any part thereof, except only to the extent that are permitted by applicable law;
- use Web Site Materials (except as expressly permitted in writing by ESAB) for any commercial or business related use, whether or not for profit, or use such to solicit others (including solicitations for contributions or donations);
- present or use any Web Site Materials in a manner that is misleading, defamatory, libelous, obscene, infringing or otherwise objectionable;
- present or use any Web Site Materials in connection with any material that infringes the trademark, copyright or any other rights of any third party;
- engage in or promote unlawful activity such as piracy;
- use any data mining, robots or similar data gathering or extraction methods;
- circumvent, disable, or otherwise interfere with security-related features of the web site or any system resources, services or networks connected to or accessible through the web site;
- violate copyright, trademark, patent, or other intellectual property laws; and
- allow third parties to violate the above restrictions.
Any attempt to perform any of the restricted actions listed above is a violation of the rights of ESAB. ESAB shall have complete discretion to evaluate your use and to decide whether that use violates any of the restricted actions.
4. Your Account
In order to access and use Partner Portal, Distributor Portal, ESAB University, and Asset Bank (“Services”), ESAB may require that you register for an account (“User Account”). You may register for a User Account by creating a username and password combination (“User Credentials”), and providing certain personally-identifiable information. You are solely responsible for providing and maintaining the accuracy and content of your information. You are also responsible for maintaining the strict confidentiality of your User Credentials and you are responsible for any access to or use of the Services by you or any person or entity using your User Credentials. You agree to immediately notify ESAB of any unauthorized use of your User Credentials or User Account or any other breach of security. It is your sole responsibility to: (a) control the dissemination and use of your User Credentials and User Account; and (b) control access to your User Credentials and User Account. ESAB reserves the right to deny access, use and registration privileges to any user of Services if we believe you have provided inaccurate information or if there is a question about the identity of the person trying to access Services. ESAB shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section.
5. Other Businesses
This web site may provide certain links or references to non-ESAB web sites and/or resources, including, but not limited to, distributors and repair centers over which ESAB has no control. Accordingly, ESAB makes no representations, warranties, other commitments, or endorsements, either directly or indirectly, for the information contained on such non-ESAB web sites and/or resources. Additionally, ESAB accepts no liability, either directly or indirectly, for the information contained on such non-ESAB web sites and/or resources.
6. Our Content
ESAB’s goal is to provide a 100% error-free web site, but we do not guarantee that any content is accurate or complete, including, but not limited to, price information and product specifications. ESAB expressly reserves the right to correct any price errors, and if we discover price errors, we may correct prices on this web site, without notice, and the corrected price will apply to your order. Prices offered on this web site may vary from other advertised prices because of varying conditions in different geographic markets. ESAB reserves the right to revoke any stated order and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted). ESAB shall not be liable for any error or omission in, or any failure to update, any content. You are solely responsible for any decisions based on any content within this web site. ESAB reserves the right to make changes to this website at any time without notice.
7. Your Content
Any comments or materials sent to ESAB through this web site (“Your Content”), including answers, questions, ideas, concepts, know-how, techniques, designs or suggestions will be deemed NOT to be confidential. By sending Your Content to ESAB, you grant a worldwide, royalty-free, unrestricted, irrevocable license to ESAB to use in any manner deemed appropriate. You also agree that ESAB has no obligation with respect to Your Content and may freely reproduce, use, or distribute Your Content without limitation. Furthermore, ESAB shall have free, unconditional, and unlimited right to use of any ideas, concepts, know-how, or techniques contained in Your Content.
9. Purchase Order
11. Disclaimer of Warranty
USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ESAB MAKES NO WARRANTY OR GUARANTEE FOR THE AVAILABILITY OF ANY PARTICULAR PRODUCT DISPLAYED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WEB SITE MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ESAB DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, WARRANTIES OR CONDITIONS AS TO TITLE, WARRANTIES OR CONDITIONS AS TO DESCRIPTION, WARRANTIES OR CONDITIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ESAB MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ESAB RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
12. Limitation of Liability
IN NO EVENT WILL ESAB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO PROGRAM, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY WEB SITE MATERIALS, EVEN IF ESAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING CAUSES OF ACTION BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.