Website Terms of Use


Terms of Use 

Basic Terms
Privacy
Web Privacy
Protection of Username and Password
User Contributions
Linking Policy
Use of Materials on the Website
Prohibited Uses
Content Standards
Copyright Infringement
Customer Assistance Policy
Safe Harbor Statement
Environmental, Health, and Safety Policy
Terminating this Agreement
Disclaimer of Warranty
Limitation of Liability
Time Limitation For Claims

 

 

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.

Basic Terms

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 In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date.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.

                       

Privacy

Any information that you provide to Lincoln Electric is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Lincoln. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website and your Lincoln Electric account, which you may not be able to opt-out from receiving.

Lincoln Electric reserves the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

 

Website Privacy Policy

We have adopted this Privacy Policy in order to demonstrate our commitment to your privacy. This Privacy Policy states the policies of Lincoln Electric regarding the collection, processing, and transfer of any personal information relating to (1) our customers, vendors, or suppliers, or (2) an individual accessing websites maintained by Lincoln Electric (referred to as “Personal Data”).
For information on how we process personal information on individuals in the EU, please click here.


This Privacy Policy provides information on the following:
     • What Personal Data we collect
     • How we use that Personal Data
     • How we may share that Personal Data
     • How we protect that Personal Data
     • Your choices regarding your Personal Data

Lincoln Electric will only process Personal Data consistent with this Privacy Policy and the purposes for which it was collected or authorized by you. To the extent necessary for those purposes, Lincoln Electric will take reasonable steps to ensure that Personal Data is accurate, complete, current as provided, and reliable for its intended use.

To the extent possible, before you submit your Personal Data to Lincoln Electric, you will be informed about certain rights you have regarding Personal Data you submit and how that Personal Data will be processed and used by Lincoln Electric. At that time, you may consent to the use of and submit your Personal Data by Lincoln Electric or decline to consent to such use and not submit your Personal Data.

 What is Personal Data?

The term “Personal Data” means “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”

What Personal Data We Collect and How We Use That Personal Data?

Customer, Vendor, and Suppliers:  Lincoln Electric may collect and process the following categories of Personal Data concerning our customers, vendors, and suppliers: name and surname, contact details, job title, bank account details and financial information (including credit/income history), transaction history, communications and criminal records.  We process this information for facilitate routine and common business practices, such as those related to sales orders and management, promotion and quotation submitting, warranty management, credit collection, compliance with the US Foreign Corrupt Practices Act, Export Controls and other legal requirements, accounting, and defense of our interests and claims.

Website Users: Lincoln Electric collects Personal Data for the purpose of providing information or updates about Lincoln Electric or its products or arc welding to individuals who visit the Site. We may also use Personal Data you submit for internal purposes including the administration of the Site, data analytics, and compliance with law or legal process and Lincoln Electric's policies and procedures. You also provide new, or updated or corrected Personal Data to Lincoln Electric from time-to-time

Who Provides Use With Your Personal Data?
The Personal Data that we collect and process on our customers, vendors, and suppliers, is derived from the individual or from his/her business. For website users, we collect Personal Data that you choose to enter into the Site.
Lincoln Electric may also receive Personal Data from third parties who provide services to us, such as trade shows, mailing or other list services. Lincoln Electric may receive the following categories of Personal Data, such as  your name, email address, phone number, job title, business or personal address

Why Do We Process Personal Data?

Categories of Personal Data collected and purposes for which they are processed are listed below:

    • Complete a Transaction: You provide Personal Data to Lincoln Electric so we can provide you services and products or information pertaining to our services and products. Often, this transaction is governed by a binding contract and in order for Lincoln Electric to fulfil the terms and conditions of that contract, we need to collect, use, and retain, your Personal Data.
    • Contact Us and Ask the Experts: You may submit an inquiry or comment to Lincoln Electric along with your name, and contact information (such as address, phone number and email address). Lincoln Electric uses this information for the purpose of replying to your inquiry. 
    • Questionnaires and Surveys: Lincoln Electric may ask users of the Site to complete optional online surveys and opinion polls for the purpose of obtaining their input relating to our present or planned products and their use. These surveys help us to better meet your needs.  In conducting these surveys we may ask you to provide your name and contact information (such as address, phone number and email address) so that we can provide you with information about our products and about welding and cutting, for example, by sending you newsletters or other marketing material.
    • Product, Accessory and Extended Warranty Orders: If you purchase products from the Site, we ask for your name, contact information (such as address, phone number and email address), shipping and billing information. You will also be asked to provide your credit card number and security code solely to our credit card processing vendor, 3Delta Systems (3dsi.com), for purposes of payment. Lincoln Electric will not have access to or store your credit card information. For U.S. products, you may also register your Lincoln Electric product on our website so we can provide information updates to you and for this purpose we will ask you for your name, contact details and product serial and code number.
    • Locating a Distributor: If you use the Site to locate a nearby Lincoln Electric distributor, we will ask you for a location.  Information about your location will be retained and analyzed for statistical business reasons. 
    • Customer and Investor Updates: Lincoln Electric asks you to provide name and contact information (such as address, phone number and email address) so that updates to our products, safety data sheets (SDS), safety and corporate investor information may be sent to you.
    • myLincoln Account: If you create an account on a Lincoln Electric Site, we collect the account information that you submit, such as your name, email address, and log-in information. We also collect information regarding your orders through the account, such as your history of purchases.
    • Emails for Marketing Information: If you give us your email address and consent to receive marketing information, Lincoln Electric may send useful information about Lincoln Electric products and welding and cutting, such as advertisements, videos, contests, rebates and e-newsletters to your email address. Please see the section in this Privacy Policy titled “Your choices regarding your Personal Data” for more information on how to opt out or unsubscribe from such emails.
    • Any Other Form of Contact Where You Submit Your Personal Data: You may provide us with your Personal Data in other ways including, for example, through comment boxes on the Site or by emails through the Site. We will handle any such Personal Data in accordance with this Privacy Policy.
    • From Third Parties: Lincoln Electric may also receive Personal Data from third parties who provide services to us, such as trade shows, mailing or other list services. Lincoln Electric may receive the following categories of Personal Data, such as your name, email address, phone number, job title, business or personal address.


Do We Collect Special Categories of Personal Data or Information on Children?

Lincoln Electric does not ask for, and does not collect, Special Categories of Personal Data related to our customers, vendors, suppliers, or website users.
Children’s Privacy: The Site is not directed to children under the age of sixteen, unless otherwise provided by applicable laws, and we do not knowingly collect Personal Data from children. We may ask you to confirm that you have not and will not provide such information to us or in postings on the Site when you register. If we become aware that such information has been provided or posted on the Site, we will delete it from our records.

 

How Do We Share Your Personal Data?

Lincoln Electric does not sell or lease any Personal Data, such as email addresses, collected from customers, vendors, and suppliers or from Site users.  The following are the ways we share your information:

    • Intra-Group: We share Personal Data about you within Lincoln Electric for all the purposes shown here. A list of all Lincoln Electric entities is available here.
    • Third-Party Service Providers: We will share your Personal Data with third-party service providers under contract with Lincoln Electric to help us provide services to you and process Personal Data on our behalf for the above-mentioned purposes.  We may, retain a third party to help us determine what marketing information you might find useful. The service providers are bound by law and/or contract to protect the confidentiality and security of personal data, and to only process your personal data to provide requested services and only act on our documented instructions.

Lincoln Electric also shares data with other companies, vendors and business partners to perform functions for it, whereby these companies are themselves responsible to determine the purposes and/or means of the processing and for the lawfulness of the processing. We may disclose your Personal Data to an attorney in the process of obtaining legal advice. We use a third-party service provider to process credit card information you submit.

    • Required Disclosures: We may be required to share Personal Data with courts, tribunals, opposing or other related parties to the proceedings and their professional advisors, in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.
    • Legal Compliance and Protections: We may disclose account and other Personal Data to courts, tribunals, opposing or other related parties to the proceedings and their professional advisors, when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of Lincoln Electric, our users, or others. This may include exchanging Personal Data with other companies and organizations for fraud prevention and credit risk reduction.
    • Corporate Transactions: We may disclose your Personal Data to prospective purchasers, their lawyers or professional advisors, of any interest in Lincoln Electric or its assets.

How Do We Address Site Privacy and Tracking?

We support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit know that you do not want the sites collecting your personally identifiable information.

Do We Comply With California Online Privacy Protection Act Compliance?
California residents who use this Site may request that we provide certain information regarding our disclosure, if any, of the user’s Personal Data to third parties for their direct marketing purposes. You can make such a request by email or by mail to:

The Lincoln Electric Company
22801 St. Clair Avenue
Cleveland, OH 44117
   
How We Protect Your Personal Data?

Lincoln Electric will take reasonable steps to protect the Personal Data it collects from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Lincoln Electric has put in place appropriate physical, electronic and managerial procedures to safeguard and secures the Personal Data it collects from loss and misuse and unauthorized access, disclosure, alteration, or destruction. Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Data.

What About Third Party Websites?

This Site contains links to other third-party websites. Lincoln Electric does not control and is not responsible for the operation of such websites. Please refer to the privacy policies of those websites if you have questions about their privacy practices.

Can I Unsubscribe from Emails?

You may choose to stop receiving marketing or promotional emails by unsubscribing here, by clicking on the unsubscribe link at the bottom of the email, or by emailing us your request to unsubscribe.

How Can I Update My Personal Data?

You may use the link in the “Contacting Us” section of this policy to provide us with your updated or corrected Personal Data or to request that we delete your Personal Data.

If you have an account and login with us, the Site provides you the option to update or correct information previously provided by logging into your account and clicking User Admin left and then My Profile to access your Personal Data and correct, amend or delete inaccurate information.

 

 

What is Our Data RentPolicy?

Lincoln Electric retains your Personal Data collected as reasonably necessary to fulfill the purposes for which Personal Data are collected and to comply with legal obligations or for the establishment, exercise or defense of a legal claim.

For our customers, vendors, and suppliers, we retain their Personal Data for the duration needed to complete or facilitate our contract, agreement, or engagement, and for a reasonable amount of time thereafter in accordance with our legitimate business needs and functions.

We shall retain certain Personal Data of Site visitors for no longer than reasonably necessary to fulfill the purposes for which Personal Data are collected, to comply with legal obligations or for the establishment, exercise or defense of a legal claim.
  
Is Personal Data Transferred Across Borders/Internationally?

Personal Data collected from our customers, vendors, and suppliers or from Site users is stored on servers located in the United States.  In some cases, your Personal Data may also be stored on servers in a country where the Lincoln Electric affiliate is located that sells or markets to your stated location.

Concerns
If you have any concerns about the privacy of the Personal Data you have provided to Lincoln Electric, please email us. Lincoln Electric will investigate and attempt to resolve any complaints you have and any disputes regarding the use and disclosure of your Personal Data in accordance with this Privacy Policy.

Contacting Us
If you have any questions about this privacy statement, the practices of the Site or your dealings with the Site, you can email us or contact us at the following addresses:

Webmaster
The Lincoln Electric Company
22801 St. Clair Avenue
Cleveland, OH 44117
privacy@lincolnelectric.com

PRIVACY POLICY UPDATES
If we change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above. If we materially change this Privacy Policy in a way that affects how we use or disclose your Personal Data, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.

 

EUROPEAN UNION INFORMATION PROCESSING

If you are located in a country in the EU, please see the following details about the processing of your Personal Data by Lincoln Electric.


Who is responsible for processing of your Personal Data?
[Please insert relevant Lincoln Electric Company entity] (“Lincoln Electric”) is the controller of the Personal Data collected from customers, vendors, or suppliers, or submitted on this Site.


What Personal Data do we process about you?
The categories of Personal Data that Lincoln Electric processes about you, for the purposes described below are listed herein.


Why are we processing your Personal Data and on which legal bases?
Lincoln Electric processes Personal Data for the purposes we have outlined herein and for your convenience, also in this section. Where applicable, we will point out, at the time of the data collection, if the provision of the Personal Data is a statutory or contractual requirement and whether you are obliged to provide the Personal Data and the possible consequences of failure to provide such Personal Data.

  • Information on Our Customers, Vendors, or Suppliers
  • Lincoln Electric may collect and process Personal Data concerning our customers, vendors, and suppliers to facilitate routine and common business practices, such as those related to sales orders and management.
  • Legal Bases: The processing is justified based on statutory provisions that (1) processing is based on the consent; (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and (4) Lincoln Electric is required to comply with a legal or statutory obligation in the EU or a Member State.
  • Information on Lincoln Electric, Distributors and its Products
  • This includes processing Personal Data to: provide information or updates about Lincoln Electric or its products, arc welding, safety data sheets (SDS), safety and corporate investor information; carry out optional online surveys and opinion polls to obtain Site visitor’s input relating to our present or planned products and their use; locate a nearby Lincoln Electric distributor.
  • Legal Bases: The processing is justified based on statutory provisions that (1) processing is based on the consentof the Site visitor; (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein; (3) processing is necessary for the performance of a contract to which you are a party; and (4) Lincoln Electric is required to comply with a legal or statutory obligation in the EU or a Member State.
  • Site and myLincoln Administration
  • This includes processing Personal Data to: carry out Site and myLincoln Account administration.
  • Legal Bases: The processing is justified based on (1) your consent; (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein; and (3) processing is necessary for the performance of a contract to which you are a party.
  • Compliance with Law, Internal Regulations and Protection
  • This includes processing Personal Data to: compliance with law or legal process, Lincoln Electric's policies and procedures and to protect the rights, property, or safety of Lincoln Electric, our users, or others.
  • Legal Bases: The processing is justified based on statutory provisions that (1) Lincoln Electric is required to comply with a legal or statutory obligation in the EU or a Member State; (2) to protect the vital interests of the data subject or of another natural person; and (3) processing is necessary for Lincoln Electric’s legitimate interests as set out herein.
  • Communication with Site Visitors
  • This includes processing Personal Data to: enable visitors to submit an inquiry or comment to Lincoln Electric and reply to such inquiries.
  • Legal Bases: The processing is justified based on statutory provisions that processing is necessary for Lincoln Electric’s legitimate interests as set out herein.
  • Corporate Transactions
  • This includes processing Personal Data to: comply with requests of prospective purchasers interested in Lincoln Electric or its assets.
  • Legal Bases: The processing is justified based on (1) your consent; and (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein.
  • Direct Marketing
  • This includes processing Personal Data to: provide (e-)newsletters and other marketing materials.
  • Legal Bases: The processing is justified based on (1) your consent; (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein.
  • Warranty and Registration
  • This includes processing Personal Data to: provide product registration and extended warranty orders.
  • Legal Bases: The processing is justified based on based on statutory provisions that (1) processing is necessary for the performance of a contract to which you are a party; (2) processing is necessary for Lincoln Electric’s legitimate interests as set out herein; and (3) Lincoln Electric is required to comply with a legal or statutory obligation in the EU or a Member State.

With whom do we share your Personal Data?

  • Personal data are shared within the Lincoln Electric (i.e. intra-group) or with third parties. In some cases, external companies collect Personal Data directly from you on our behalf.
  • The categories of recipients of Personal Data are listed here.

Do we disclose your Personal Data internationally?

  • Intra-Group

Due to the global nature of our operations, some of the recipients mentioned herein may be located in countries outside the European Economic Area (EEA), which do not provide an adequate level of data protection by law.  International transfers will be to countries where Lincoln Electric entities have offices, including the United States of America, Canada, Mexico, Argentina, Brazil, Colombia, Venezuela, Russia, Ukraine, Australia, China, India, and Japan. The transfer of your Personal Data outside the EEA takes place on the basis of our Global Intra-Group Data Transfer and Processing Agreement, which is based on standard contractual clauses adopted by the European Commission to protect the Personal Data when transferred outside the EEA and in accordance with applicable law.

  • Third Parties

Some of the third parties with whom we share Personal Data are also located outside the EEA. Certain third countries have been officially recognized by the European Commission as providing an adequate level of protection. You can find the list of these countries at the following address: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. Transfers to third parties located in other third countries outside the EEA take place using an acceptable data transfer mechanism, such as the Privacy Shield for transfers to self-certified US organizations, the EU Standard Contractual Clauses, Binding Corporate Rules, approved Codes of Conduct and Certifications or in exceptional circumstances on the basis of permissible statutory derogations. 
Please contact privacy@lincolnelectric.com, if you want to receive further information or, where available, a copy of the relevant data transfer mechanism.
How long does Lincoln Electric keep my Personal Data?
To find out more about Lincoln Electric’s retention of your Personal Data, click here.
Rights in relation to your Personal Data

  • Under the conditions set by applicable data protection laws, you may exercise the following rights regarding your Personal Data: 
  • Access
  • You have the right to obtain from us confirmation if Personal Data are being processed, the purpose of processing, the categories of data, the legal basis of the processing, information on recipients of the data and the non-EU countries in which they are located, the safeguards put in place for the transfer of data to non-EU countries, the storage period of data or criteria to determine it, further information on your rights, our processing activities, the sources of information and the significant and envisaged consequences of processing.
  • Rectification
  • You have the right to request the rectification of inaccurate Personal Data and to have incomplete data completed.
  • Objection
  • You have the right to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing.   In addition, you have the right to object at any time where your Personal Data are processed for direct marketing purposes. 
  • Portability
  • You may receive your Personal Data that you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance.   This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.
  • Restriction
  • You may request to restrict processing of your Personal Data if (i) you contest the accuracy of them – for the period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of them and request restriction instead; (iii) we no longer need them, but you tell us you need them to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for the period we need to verify your request.
  • Erasure
  • You may request to erase your Personal Data if they are no longer necessary for the purposes for which we have collected them, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.
  • Right to lodge a complaint

You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, place of employment, or the location where the issue that is the subject of the complaint occurred.    

  • Right to refuse or withdraw consent
  • Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.
  •  
  • Contact Details

To find out more about how to contact Lincoln Electric, click here.
If you wish to exercise any of the afore-mentioned rights or if you have any questions regarding this Privacy Policy, you may direct your request to

The Lincoln Electric Company
22801 St. Clair Avenue
Cleveland, OH 44117


or to our Data Protection and Privacy Coordinator at:
Lincoln Electric Europe
25, Boulevard de la Paix / 95895 Cergy-Saint Christophe Cedex /France

E-mail address: privacy@lincolnelectric.com

 

Protection of Username and Password
Some areas of the Website may require that you register and log in. You are responsible for protecting your username and password and all activities on your account. Additionally, we may rely upon any communications we receive on the Website under your login. Notify us immediately if you have reason to believe your login has been or may be used by someone not authorized to do so.

                       

User Contributions

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.

 

Linking Policy

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.

 

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.

 

Prohibited Uses

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.

 

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.
  • 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.

 

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.

 

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.

 

Safe Harbor Statement

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.

 

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.

 

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 [INSERT].

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.

 

DISCLAIMER OF WARRANTY

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.

 

LIMITATION OF LIABILITY

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.

 

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.

Effective: May 25, 2018.