WEB SITE TERMS OF USE

1. Overview

The ESAB Group, Inc., and/or its affiliates and subsidiaries ("ESAB" or "we" or "us") provide this web site to you subject to the terms stated herein. Please read these terms of an agreement ("Terms of Use") between you and ESAB. By accessing, or using this web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including, but not limited to, export and re-export control laws and regulations. If you do not agree to any term provided within these Terms.

At any time, ESAB may, without notice to you, revise these Terms of Use and any other information contained in this web site. ESAB may also make improvements or changes in the products, services, or programs described in this web site at any time without notice

2. General

This web site contains contents owned, operated, licensed, and/or controlled by ESAB and includes reference to patents, trademarks, copyrights, proprietary rights and/or other intellectual property rights that are the property of ESAB and are protected by the laws of the United States and/or international treaties ("Web Site Materials"). All other trademarks not owned by ESAB that appear in this web site are the proprietary of their respective owners. Please refer to our Intellectual Property Terms of Use (and available here) for information regarding ESAB's intellectual property usage policies.

ESAB grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this web site provided you comply with these Terms of Use, our Privacy Policy and Intellectual Property Terms of Use. You may not mirror any content within this web site on another web site, service, application, and/or platform. All other use of this web site is prohibited.

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.

8. Privacy

For information on how we will protect, collect, use, share, and transfer personally-identifiable information when you use this web site, please refer to our Privacy Policy.

9. Purchase Order

All purchase orders from ESAB are made pursuant to Terms and Conditions of Purchase Order posted on this web site (and available here) or such other purchase order terms and conditions as are agreed in writing by ESAB ("Terms of Purchase Order"). To the extent any Terms of Purchase Order conflicts with these Terms of Use, the specific terms of Terms of Purchase Order shall govern all purchase orders from ESAB.

10. Sale

The price information, product information, graphics, and/or other information published on this web site ("Sales Information") do not constitute any contractual or other binding commitment on ESAB, nor shall any such Sales Information be construed as an offer or other invitation to purchase or sell goods or services. All sales by ESAB are made pursuant to Terms and Conditions of Sale posted on this web site (and available here) or such other sale terms and conditions as are agreed in writing by ESAB ("Terms of Sale"). To the extent any specific Terms of Sale conflicts with these Terms of Use and/or Sales Information, the specific terms of Terms of Sale shall govern all sales from and/or to ESAB.

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.

13. Severability

If any term of these Terms of Use may be unlawful, void or for any reason unenforceable, then that term shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining terms.

14. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or term under these Terms of Use shall not constitute a waiver of such right or term.

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