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Terms of Use

Welcome to the web site operated by Miller Electric Mfg. Co. ("Miller Electric"). This web site (the "Web Site") provide general information about Miller Electric and its products free of charge to users in the United States and Canada.

By your use of the Web Site you agree to these terms and conditions (the "Terms of Use"). Miller Electric reserves the right to change these Terms of Use at any time and each visit you make to the Web Site shall be subject to the current guidelines.

Please read these Terms of Use carefully before accessing or using any part of the Web Site. By accessing or using the Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Miller Electric Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of the Web Site. Your continued use of the Web Site means that you accept and agree to the current or revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site.

Overview: The Web Site has been created solely for the purpose of providing information about Miller Electric and includes information about Miller Electric products and services, news, press releases, awards, history, and other information.

Copyright Restriction/Use of Content: The entire contents of the Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof, all of which are proprietary to Miller Electric or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Miller Electric. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of Miller Electric, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with Miller Electric or the applicable owner of such content. Except as expressly authorized by Miller Electric in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, (ii) access to the Web Site, or (iii) use of the Web Site or of any services or materials available through the Web Site.

Use Of The Miller Electric Web Site: You agree to use the Web Site only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any material that is, in Miller Electric’s sole discretion, defamatory, indecent, obscene, harassing, violent, vulgar, inappropriate, or objectionable, or material that is not related to Miller Electric products, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post "spam," transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by Miller Electric, may harm Miller Electric or users of the Web Site or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Miller Electric, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Miller Electric. Miller Electric cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. Miller Electric will not be liable for any errors or omissions in such content. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Miller Electric, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to Miller Electric the right to use all content you upload or otherwise transmit to the Web Site in any manner Miller Electric chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

(c) Miller Electric reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Miller Electric, in its sole discretion, deems inconsistent with its policies and procedures with respect to the relevant online forum, including any material Miller Electric has been notified, or has reason to believe, constitutes a copyright infringement; and any material that is not related to the relevant discussion or chat forum; (2) terminate any user's access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you. However, Miller Electric can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Miller Electric assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Miller Electric reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, Miller Electric has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.

Trademarks: The term "Miller Electric" is a trademark and the Miller Electric logo and all related product and service names, designs and slogans are Miller Electric trademarks. You may not use such marks without Miller Electric's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Dealings with Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through the Web Site, you acknowledge and agree that Miller Electric is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Miller Electric will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such distributor or merchant on the Web Site.

Disclaimer: You assume all responsibility and risk for the use of the Web Site. Miller Electric does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the "Site Content"). Any of the Site Content may include technical inaccuracies or typographical errors. Miller Electric has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Miller Electric or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Miller Electric equipment or any other information related to safety that may be available on through the Web Site. Miller Electric disclaims any liability for injury or damages resulting from the use of thereof.

THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. INFORMATION PUBLISHED ON THE WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL MILLER ELECTRIC DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. MILLER ELECTRIC DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER MILLER ELECTRIC NOR ANY PERSON ASSOCIATED WITH MILLER ELECTRIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MILLER ELECTRIC NOR ANYONE ASSOCIATED WITH MILLER ELECTRIC WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. MILLER ELECTRIC DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you.

Some Site Content is intended only to assist you with financial decisions and is broad in scope and does not consider your individual situation. Your individual situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should obtain additional information and advice of your financial advisors and other advisors who are fully aware of your individual circumstances.

Limitation of Liability: Miller Electric shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the Web Site. Miller Electric assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing on the Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the Web Site or any linked web site or the Internet generally.

IN NO EVENT WILL MILLER ELECTRIC, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MILLER ELECTRIC AND WHETHER OR NOT MILLER ELECTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

MILLER ELECTRIC HOLDS THAT THE PROVISIONS OF THE “DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTIONS ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THESE TERMS OF USE.

Indemnification: You agree to indemnify and hold harmless Miller Electric and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees or other legal expenses, arising from any violation by you of these Terms of Use or your use of the Web Site or any products, services or information obtained from the Web Site.

Privacy; Protection of Personal Information: Miller Electric's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Miller Electric Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Miller Electric reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.

Miller Electric reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing Miller Electric to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS MILLER ELECTRIC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MILLER ELECTRIC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER MILLER ELECTRIC OR LAW ENFORCEMENT AUTHORITIES.

Customer Assistance Policy: The business of Miller Electric is manufacturing and selling high quality welding and cutting equipment. Miller Electric’s challenge is to meet the needs of its customers and to exceed their expectations. On occasion, purchasers may ask Miller Electric for advice or information about their use of Miller Electric’s products. Miller Electric responds to its customers based on the best information in its possession at that time. Miller Electric is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Miller Electric expressly disclaims any warranty of any kind, including any warranty of fitness for any customer's particular purpose, with respect to such information or advice. As a matter of practical consideration, Miller Electric also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of Miller Electric’s products. Miller Electric is a responsive manufacturer, but the selection and use of specific products sold by Miller Electric is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Miller Electric affect the results obtained in applying this type of fabrication methods and service requirements.

User Submissions: Miller Electric welcomes your comments. All comments, suggestions or other information sent by you to the Web Site or in response to solicitations on the Web Site, will become Miller Electric’s property, and you agree that all intellectual property rights therein are transferred to Miller Electric. To the extent any of the foregoing is prevented by applicable law, you hereby grant to Miller Electric a perpetual, royalty-free, sublicensable license to use or exploit such intellectual property rights in any way. You understand that any posting on a publicly available portion of the Web Site is non-confidential for all purposes.

Links to Third Party Web Sites: The Web Site contains links to third party sites. These are provided for the convenience of Miller Electric customers and Miller Electric makes no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Neither Miller Electric nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site.

Social Media Sites: The Web Site may contain links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). Miller Electric makes pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums and as set forth in Miller Electric’s Social Media Terms of Use.

Linking to the Miller Electric Web Site: Linking to the Web Site from a third party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Miller Electric's endorsement of the linked site. Miller Electric reserves the right to specifically revoke consent to link to the Web Site if Miller Electric determines in its sole discretion that the web site containing the Miller Electric link does not meet Miller Electric’s aesthetic or other standards.

Worldwide Notice: Miller Electric offers services and products in many parts of the world. The Web Site may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Miller Electric intends to offer such service or products in all countries. The Web Site is subject only to jurisdiction of the U.S. courts. Miller Electric makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.

Contact: Please contact our Webmaster at 920-735-4055 or sfeldk@millerwelds.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

Miscellaneous: These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Wisconsin, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Appleton, Wisconsin. You agree to submit to the jurisdiction of such courts. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Miller Electric with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

Miller Electric's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Miller Electric nor any trade practices shall be deemed to modify these Terms of Use.

The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language; Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.