Terms and Conditions of Use

1. GENERAL

Welcome to Centurywelding.ca, the website of Lincoln Electric Canada LP (“Centurywelding.ca,” “Company,” “we" or "us"). The following Terms and Conditions of Use, together with any documents expressly incorporated by reference herein (collectively, the "Terms of Use"), govern your access to and use of Centurywelding.ca, including any content, functionality and services offered on or through Centurywelding.ca (the "Website"). Centurywelding.ca is owned and operated by Lincoln Electric.  Any use of the domain name “Centurywelding.ca” herein, includes Lincoln Electric by reference.

Please read these 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 these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website has been prepared solely for the purpose of providing information about Centurywelding.ca, the services and products it offers, promoting the understanding and safe use of electric arc welding, and for the purchase of products offered by Centurywelding.ca through this Website. The Website has been compiled in good faith by Centurywelding.ca. 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 In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Centurywelding.ca reserves the right to add, modify or delete any information on the Website at any time.

2. CONDUCT ON THE WEBSITE

Some areas of the Website may require that you register and log in. You are responsible for protecting your username and password. Additionally, we may rely upon any communications received 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.

The Website includes online forums on which the Company’s customers can share information ("User Contributions") about Centurywelding.ca’s products and services. Users who participate in these forums agree that any post made on any forum on the Website is not private information, and that, when posted, it will be publicly available to any user on the Website. By providing any User Contributions 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. 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 of the forum may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums and/or the Website.

We are not responsible (or liable to any third party) for the content or accuracy of any User Contributions posted by you or any other user of the Website. We make no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.

3. LINKING POLICY

The Website may contain 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, purchase 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. This Legal Notice and Terms of Use and other policies posted on the Website form the basis of the agreement (“Agreement”) between you and Centurywelding.ca relating to your use of the Website.

5. PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

A. In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries;

B. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;

C. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);

D. To corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the Website;

E. To engage in any other 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;

F. Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;

G. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

H. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;

I. Use any device, software or routine that interferes with the proper working of the Website;

J. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

K. 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;

L. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and/or

M. Otherwise attempt to interfere with the proper working of the Website. 

6. CONTENT STANDARDS

These content standards apply to any and all User Contributions. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

A. Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

B. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

C. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;

D. 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;

E. Be likely to deceive any person;

F. Promote any illegal activity, or advocate, promote or assist any unlawful act;

G. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

H. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;

I. Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions; and/or

J. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

7. MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

A. Remove or refuse to post any User Contributions for any or no reason in our sole discretion, including failing to comply with the content standards or engaging in any prohibited use;

B. 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;

C. 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;

D. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website;

E. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use;

F. 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.

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. COPYRIGHT INFRINGEMENT

If you believe that any User Contributions violate your copyright, please request 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 infringers.

9. TRADEMARKS AND COPYRIGHTS

All content on the Website is the exclusive property of the Centurywelding.ca and is protected by copyright, trademark and other applicable laws. Trademarks and service marks on the Website are the property of the Centurywelding.ca and other third parties. Except as expressly permitted by these Terms of Use or in writing by Centurywelding.ca or a third party owner, no right is granted to use such trademarks or service marks. You may not delete any copyright, trademark or other legal or proprietary notice in the information that you print, download or use.

10. CUSTOMER ASSISTANCE POLICY

The business of Centurywelding.ca is selling high quality welding equipment, consumables, and cutting equipment. Our goal 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 use. 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 existing product warranties. 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 selection and use of specific products sold by Centurywelding.ca is solely within the control of, and remains the sole responsibility of you the customer. Many variables beyond the control of Centurywelding.ca affect the results obtained in applying these types of fabrication methods and service requirements.

11. DISCLAIMER OF WARRANTY

CENTURYWELDING.CA 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 AND/OR ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE. IT FURTHER EXPRESSLY DISCLAIMS 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 CENTURYWELDING.CA OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

12. 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 CENTURYWELDING.CA PRIVACY POLICY, NEITHER CENTURYWELDING.CA NOR ITS AFFILIATE COMPANIES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR 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 AND/OR LOSS OF PROFITS.

13. 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 INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Centurywelding.ca, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

15. AMENDMENTS

Centurywelding.ca’s Terms of Use and this Legal Notice, including the Privacy Policy, may be amended from time to time without further notice and consistent with legal 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.

16. APPLICABLE LAW

The laws of the province of Ontario 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 provide of Ontario, Canada.

17. GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in Ontario, Canada. We provide the Website for use only by persons located in Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Canada, you do so on your own initiative and are responsible for compliance with local laws.