Last Updated: March 15, 2023
By downloading, accessing, ordering or using any of our Services, clicking on the “I accept” button, or completing the registration process, you represent that you have read, understand, and agree to be bound by this Agreement. The term “you” or “your” refers to anyone who uses any portion of our Services. If you do not agree to be bound by this Agreement, you may not access or use, and we will not be able to provide you with, our Services.
No Professional Advice. THE INFORMATION PROVIDED AS PART OF YOUR USE OF AND ACCESS TO THE SERVICES IS FOR PERSONAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE MEDICAL, ENGINEERING, PRODUCT DESIGN, LEGAL OR OTHER PROFESSIONAL ADVICE. SUCH INFORMATION MAY NOT BE ACCURATE OR SUITABLE FOR ALL INDIVIDUALS. FOR MORE DETAILS, PLEASE SEE SECTION 6 (DISCLAIMER) BELOW.
TABLE OF CONTENT
1. Your Membership and Our Services
2. License to Use Services and Content
3. Acceptable Conduct
4. Privacy and Security
5. Feedback and Referral
7. Limitation of Liability
8. Release and Indemnification
9. Third-Party Services and Content
10. Suspension and Termination
11. Governing Law; Arbitration; Class-Action Waiver
12. Updates to this Agreement and Services
1. Your Membership and Our Services:
1.1 Weld.com as a Neutral Venue. You acknowledge that we are a digital clearing house to connect members of the welding community. We do not endorse a product or service provider, vendor, or function as an agent representative for any Member (as defined in Section 1.3 below).
We and the Services function solely as a neutral venue and digital clearinghouse where members of the welding community may connect for services or products. We are not involved in or a party to the actual transaction between Members. As a result, we have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place as a result of your connections made on our Services or the accuracy of any sponsored contents or vendor listings. We have no control over the ability of any Premium Member or vendors to provide items or perform services or the ability of Members to pay for any goods and services. We make no representations or warranties and are not liable or responsible for the actions or inactions of our Members.
1.2 Your Account Registration. To access certain Services, you may be required to register and create an Account and provide certain registration details.
To access certain Services reserved to our Members (as defined in Section 1.3 below), each individual shall register and create an account on Weld.com (your “Weld.com Account” or “Account”). Your Weld.com Account gives you the right to access the Services and functionalities that we may establish and maintain from time to time and in our sole discretion. We maintain different types of Weld.com Accounts for different types of Members as described below. If you open a Weld.com Account on behalf of a company, organization, or other entity, then: (i) “you” includes you and that legal entity; and (ii) you represent and warrant that you are an authorized representative of the legal entity with the authority to bind such entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. Further, the legal entity shall assign each individual users the login information or license key to access the applicable Services. Where an order form that references this Agreement provides a specific quantity of users, you and the legal entity you represent shall not make such applicable Services available to more than that number of applicable users. Unless otherwise provided, each login information is restricted to one individual per registered user account; provided that such login information or license key may be reassigned to a new authorized user to place the predecessor user, who has terminated employment, or otherwise has changed job function and therefore no longer uses the applicable Services.
Further, you understand that for some of our Services to operate correctly, we need you to provide accurate and complete information as prompted by the account registration processes. You represent and warrant that the information you provide in connection with your use of Services is true, accurate, and complete.
By connecting to Weld.com Services with a third-party services, you give us permission to access and use your information from that service as permitted by that third party, and to store your log-in credentials for that service.
1.3 Membership Level. We offer three levels of membership: View-Only, Standard, and Premium membership. Subject to terms of this Agreement, you may use View-Only Membership free of charge, or upgrade to a Standard or Premium Membership for an annual subscription fee.
Weld.com offers three levels of memberships:
View Only Membership: If you, or the entity for which you register, access or use the Services receive free access, or a trial membership, to our Services (a “View Only Membership” or “Trial Membership”), then you may access our Services solely for the purposes of viewing Content (as defined in Section 2) during the time we grant you the limited right to access the Services (“Trial Period”). Upon registration of a View Only Membership, you are known as a “View-Only Member.” In addition, you may use the View-Only Membership to purchase merchandise at Weld.com’s Shop (as defined in Section 1.5 below). You may not be able to participate in discussions or post Contents at Weld.com discussion board or exchange platform, view other Members’ contact information and other Content reserved for Standard or Premium Members, or communicate with other Members. At any time, Weld.com reserves the right to cancel your right to access or use this free membership, or otherwise restrict certain functionalities of the Services during the Trial Period (including limiting usage as determined at Weld.com’s sole discretion). You shall not attempt to circumvent any such mechanism or restriction. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DURING THE TRIAL PERIOD THE SERVICES ARE PROVIDED “AS IS” AND WELD.COM WILL HAVE NO WARRANTY OR OTHER OBLIGATIONS WITH RESPECT TO VIEW-ONLY SUBSCRIPTIONS. Further, certain Contents are marked exclusively for Premium Members and are available for purchases by View-Only Members through in-app purchase(s).
Standard Membership: If you, or the entity for which you register, access or use the Services, choose to pay for our “Standard” membership, you may use our Services to view Content, purchase merchandise at Weld.com’s Shop, participate in discussions at Weld.com discussion board, view other Members’ contact information or other Content available for your membership level, or communicate with other Members (this membership is known as “Standard Membership”). Upon registration of a Standard Membership, you (including the entity for which you register, access, or use the Services) are known as a “Standard Member” and agree to pay the Fees applicable to your membership level (as defined in Section 1.4(a) below). As a Standard Member, you are not eligible to post any Content for purposes of promoting your products or services until you choose to add Weld.com Promotional Services (as defined below) or upgrade your membership to be a Premium Member. Further, certain Contents are marked exclusively for Premium Members and are available to Standard Members through in-app purchase(s).
Premium Membership. If you, or the entity for which you register, access or use the Services, choose to pay for our “Premium” membership, you may use the marketplace section of our Services to post Content to promote your services, products, or expertise, purchase merchandise at Weld.com’s Shop, participate in discussions at Weld.com discussion board, view other Members’ contact information or other Content, or communicate with other Standard or Premium Members (this membership is known as “Premium Membership”). Upon registration of a Premium Membership, you (including the entity for which you register, access or use the Services) are known as a “Premium Member” and agree to pay the Fees applicable to your membership level. As a Premium Member, you are not eligible to promote your products or services through Weld.com’s social media feeds or posting sponsored Content until you choose to add Weld.com Promotional Services.
For purposes of this Agreement, View-only Member, Standard Member, and Premium Member are collectively referred as “Member(s).” For the most current information about our pricing and payment, please review our membership plan, Fees and payment terms provided in the link(s) made available to you once you have registered your Membership account , which are incorporated and made a binding part of this Agreement.
Additional Promotional Services. To the extent a Member chooses to engage Weld.com for promoting your products or services through Weld.com’s social media feeds or posting sponsored Content on weld.com (“Weld.com Promotional Services”) , additional fees, and terms and conditions apply. For additional information regarding this additional offering, please reach us at the "Contact Us" information provided at the end of this Agreement.
1.4 Membership Fees and Payment. Fees for 12-month subscription will be charged annually in advance and automatically renew at the end of each Subscription Term.
a) Fees. We will charge you annual subscription fees based on the membership plan published by Weld.com, where applicable, as of the start date of your 12-month annual subscription (“Fees”). Unless otherwise provided in an order form executed by you and Weld.com (“Order”), the applicable Fees will be paid annually in advance before the start date of the Subscription Term (as defined in Section 1.4(b) below). Weld.com may add new services for additional fees and charges, or add or amend fees and charges for existing Services, at any time in its sole discretion. If we add or amend our Fees, we will update our pricing and payment terms on our website. Any change to our pricing and payment terms shall become effective in the next billing cycle following notice of such change to you as provided in this Agreement. Unless otherwise designated by the applicable Member, any person designated as the billing contact in the billing record of an Account will be deemed to assume the rights and obligations of the Member who is a corporate entity.
b) Renewal; Cancellation. Unless otherwise provided in an Order, all subscriptions are billed on a recurring basis. Memberships automatically renew for one or more 12-month period unless you cancel the membership as outlined below, before the end of the current subscription period, which is at least 12-month period (“Subscription Term”). You agree that Weld.com will charge the payment method on file on the first day of each 12-month billing period for the relevant Subscription Term. If the payment method on file becomes invalid due to an expired credit card or other similar reason and Weld.com is unable to charge you on the next billing period, we reserve the right to immediately suspend your existing membership and downgrade your setting to the View-only Membership. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your membership level, changes in applicable taxes, and changes in Fees in accordance with the automatic adjustment as described in Section 1.4(c) below. You may cancel the membership at least 30 calendar days before the end of the current billing period and the cancellation will take effect on the first date of the next billing period. You will retain access to the Services from the time you cancel until the start date of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. After your Standard or Premium Membership expires or terminates, you may continue to use the View-only Membership, subject to this Agreement. If you choose to cancel the Standard or Premium Membership, we ask that you downgrade your Account to a View-only Membership and do not delete your Account. Upon deletion of your Account, all in-app purchases and other Contents you saved will be deleted. If you want to rejoin the weld.com community as a Member, you will need to re-register a new Account. We cannot guarantee and disclaim any and all liability for the deletion of any Contents saved in the previous Account that you choose to delete.
c) Auto Upward. For the initial Subscription Term, you agree to pay the Fees for the membership level you select on the time of payment. For subsequent Subscription Terms, Fees may increase annually in an amount equal to the greater of (i) the annual Consumer Price Index (U.S. region, all items) as calculated by the U.S. Bureau of Labor Statistics (or its successor) or (ii) five percent (5%).
1.5 Online Shop / Payment Processing. Weld.com’s online gift shop allows you to order WeldTM-branded merchandise.
Weld.com may provide an online gift shop or similar platform, powered by our e-commerce partner(s), where you can purchase products or services (“Shop”). You understand and acknowledge that Weld.com is not a payment processor and does not collect any payments for product or services purchases directly. Weld.com uses the services of a third-party payment processor ("Payment Processor"), to process payments for product or services purchases. You acknowledge and agree that the use of a Payment Processor is integral to the services provided through our Shop. The Payment Processor manages the routing and processing of all required information to process payments for product or services purchases including credit card and other financial information. Weld.com is not affiliated with the Payment Processor and neither Weld.com nor the Payment Processor is an agent or employee of the other. Without limiting the foregoing, to purchase any goods or services from the Shop, you must be at least 16 years of age or receive prior express permission from your parents or legal guardian, and such parents or legal guardian shall supervise any purchases as well as related processes.
2. License to Use Services and Content:
Our Services may contain data or creative expression, including text, software, images, photographs, graphics, photos, audio, video, sounds, musical works, works of authorship, applications, user interfaces, visual interfaces, logos, designs, product names, ideas, communications, replies, “likes,” comments, software, scripts, executable files, links and other content or materials, etc. (collectively, “Content”) subject to the terms of this Agreement. Content that you generate, upload, submit, or otherwise provide to the Services in its original form and in any media is known as “Member Content.” All Content, that is not Member Content, is known as “Weld.com Content.”
2.1 Member Content. You own your Member Content. If you observe that any content violates others’ Intellectual Property rights, please contact us.
Responsibility for Member Content. Members are solely responsible for their submitted Member Content. com does not endorse, or guarantee the accuracy, legality, or authority of, any Member Content. All Member Content is made available to Members on an "as-is" basis. Each Member may access, use, rely upon, or take action based on such Member Content at its sole risk.
2.2 Weld.com Content. We strive to deliver a great experience to improve your as a member of Weld.com community. Therefore, we ask that you respect our intellectual property rights.
Weld.com Content are protected by copyright, trademark, patent, and other applicable laws. Our Services and Weld.com Content (excluding your data) are copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Services are registered and/or unregistered trademarks of Weld.com, its licensors or content providers, or other third parties. You acknowledge that Weld.com is the exclusive owner of the Services, our logos, marks, copyrighted materials, inventions know-how, potentially patentable business methods, phrase, trade names, HTML code and/or other computer code and/or scripts, which constitute Weld.com Content. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance”, and “graphic function” of our Services, including but not limited to its color combinations, sounds, layouts, and designs. Any unauthorized use of the foregoing and violation of Section 3.1 (Prohibited Conduct) is strictly prohibited and may be prosecuted to the fullest extent of the law.
Provided that you comply with all your obligations under the Agreement, you may view and use our Services and any Weld.com Content for your Personal Data and non-commercial use (unless otherwise permitted under the Premium Membership or when you select the Weld.com Promotional Services). Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise, any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Weld.com or any third party, except as expressly provided in the Agreement. You agree not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of Weld.com Content. All rights not otherwise expressly granted by the Agreement are reserved by us.
If you believe Member Content or Weld.com Content infringes copyright or trademark under U.S. or other national law, please notify us immediately at the "Contact Us" information provided at the end of this Agreement.
3. Acceptable Conduct
3.1 Prohibited Conduct. You agree that you will not (and will not permit any third party to), under any circumstances (except to the extent expressly authorized by this Agreement) breach the following guidelines:
No Unauthorized Use: Do not use our Services for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others;
No Harmful or Illegal Content:
Do not use our Services for any purpose that may be deemed by us or others to be invasive of another's privacy, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, explicit, illegal, or otherwise in violation of this Agreement or any other agreement between you and Weld.com;
Do not post deceptive or fraudulent links, including those with misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to pop-up ads;
Do not post any unsafe welding techniques or tips, or links to websites that promote unsafe how-to instructions, through images, videos, posts, or other methods.
No hacking or posting harms to Our Services:
Do not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or our systems or networks, or any systems or networks connected to the Services, including by “flooding” the Services with requests;
Do not post any content that contains any computer hardware or software, viruses, Trojan horses, worms, spyware, or any other computer programming that may interfere with the operation of our Services;
No infringement: Do not use any Services or Weld.com Content in any manner that:
misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party
remove, obscure or modify a copyright or other proprietary rights notice in the Services
decipher, decompile, disassemble, reverse engineer, or attempt to conduct the foregoing any of the software comprising or in any way making up a part of our Services;
copy, modify, reproduce, republish, upload, post, transmit, translate, sell, exploit, distribute, or create derivative works of any material from the Services, in any manner or medium (including by email or other electronic means), unless explicitly authorized in this Agreement
reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Services is based;
frame or otherwise simulate the appearance or functions of the Services or any portion thereof; or
modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Services, including any Weld.com Content included on our Services; or
remove, obscure or modify a copyright or other proprietary rights notice in the Services.
No Impersonation: Do not impersonate any person or entity (including Weld.com), or solicit information from another Member in furtherance of identity theft or another unlawful purpose;
No Exploitation: The below prohibited data collection includes, for example, mass collection of information about other Members or about the offerings, products, services and promotions available on or through the Services.
Do not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Services, deep-link to any feature or content on our Services, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other similar measures; or
Do not harvest or scrap information manually on a mass basis (unless we have given you separate written permission to do so).
No Abuse of Personal Data:
Do not collect, store or use any Personal Data about other Members without permission or in violation of applicable data protection laws;
Do not disclose private or proprietary information that you do not have the right to disclose; or
Do not post in public an email or private message from any other Member, moderator or administrator.
No Harm to Minors.Don’t use the Services in a way that harms minors (or anyone, really);
No Spam. Do not use our Services for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
Outsourcing. “Farm” out Member leads (i.e., taking Member leads provided to you and transferring them to others that are not Vendors of the Services);
No Sharing Login Information. Do not share your login information with another individual in violation of Section 1.2; or
No Breach of Obligations: Do not violate additional acceptable use policy set forth in your Order (where applicable), additional community guideline posted on Weld.com, or other contractual or legal duties to a third party.
3.2 Interaction with Other Members. If you choose to use features in our Services that allow you to interact with other Members within the Weld.com community, you are responsible for how you interact with them. We ask that you act in a courteous manner to others and exercise good judgement.
When you interact other members of Weld.com community, providing online review or discussions, utilize other features to promote your product or services to other Members, you are responsible for the Member Content you post, including the accuracy, completeness, reliability, or transition methods of such Member Content. You should take precaution of not sharing or posting your sensitive Personal Data or proprietary information when you interact with other Members through our Services.
You are solely responsible for your interactions with other Members, whether online or in person, including but not limited to comments, challenges, and friendly competition. We assume no responsibility or liability for any loss or damage arising from, attributing to, resulting from any interaction with other Members or other users who access the Services, individuals you meet through the Services, or individuals who find you because of Member Content posted on, by or through the Services.
3.3 Non-discrimination Policy. We want to build an inclusive community and want you to respect each other.
We want all Members to feel welcome and included on our Services. Accordingly, we prohibit discrimination against Members, guests, or our Representatives (as defined below) based on race, color, religion, sex, national origin, ancestry, ethnicity, immigration status, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status, age, or any other characteristic protected under applicable federal, regional, state, or local law. Such discrimination includes, but is not limited to, refusing to provide or accept services or any other conduct that improperly takes into account these characteristics. This prohibition applies to the posting of discriminatory content, such as reviews or forum posts, on the Services. We will, at our discretion, take steps to enforce this policy, up to and including suspending from our Services those Members who violate this policy. If you experience discrimination with any Member, please contact support at the "Contact Us" information provided at the end of this Agreement, with the subject “Nondiscrimination Policy,” so we can investigate and take appropriate measures.
3.4 Prohibited Items. For a variety of reasons, we need to set some house rules on what products, techniques, know-how, and materials that you can promote, share and discuss with other Members or users through our Services.
We do not tolerate any Content(s) that promote, support, or glorify hatred, violation, or materials that could pose harms to others. Therefore, the following types of items, techniques, or know-how relating to produce the following items are prohibited or restricted on Weld.com:
Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs;
Hazardous Materials (e.g., explosives, flammable items, toxic substances, radioactive materials);
Guns, firearms, or other weapons that could inflict harm including patterns, designs, plans, or instructions (but excluding kitchen knives, letter openers, and toy slingshots);
Items that have been recalled by governments or manufacturers, and that may pose a health or safety hazard;
Items that promote, support, or glorify violence or self-harm;
Items that promote, support, or glorify hatred;
Items that promote illegal activities (such as counterfeit goods, or materials for faking drug tests) and highly regulated items (such as lottery tickets, cryptocurrency, radar detectors, or license plate covers);
Nudity and mature content, including any BDSM items; or
Certain animal products created using any endangered or threatened animal species (such as ivory) and human remains.
At all time, Weld.com reserves the right to remove listings that we determine are not within the spirit of this Section or values of our welding community.
3.5 Monitoring by Weld.com. If we become aware of any possible violations by you of any provision of the Agreement, Weld.com reserves the right to investigate such violations and/or put a temporary hold on your Membership. If no violation is found, we will promptly the hold, and you may continue using the Services. In according with Section 10, we reserve the right, at our sole discretion, to suspend any Member’s access or use of the Services, remove the Content(s) in violation of terms of this Agreement, and/or cancel the membership of those who violate these rules or engage in offensive and detrimental behavior, without prior notice to you or anyone else.
4. Privacy and Security. Your information is important to you. Let’s work together to keep it confidential, safe, and secure.
4.2 SMS Text Message or other communications. IN CONNECTION WITH THE SERVICES, YOU MAY SIGN UP FOR RECEIVING CALLS OR TEXT MESSAGES (SMS AND MMS) FROM WELD.COM OR AUTHORIZED THIRD PARTIES AT THE TELEPHONE NUMBER YOU PROVIDE DURING ACCOUNT REGISTRATION. BY SIGNING UP FOR RECEIVING TEXT MESSAGES, YOU AGREE THAT YOU ARE THE PRIMARY OWNER OF THE TELEPHONE NUMBER PROVIDED, EVEN IF IT IS ON ANY DO-NOT-CONTACT LIST (INCLUDING ANY CORPORATE, STATE, OR FEDERAL DO-NOT-CONTACT LIST), AND THAT SUCH CALLS OR TEXT MESSAGES MAY BE FOR TELEMARKETING AND ADVERTISING PURPOSES RELATING TO YOUR USE OR ACCESS OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT SUCH CALLS OR TEXT MESSAGES MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED MEANS (e.g. AUTOMATED TEXT AND/OR ARTIFICIAL AND/OR PRE-RECORDED MESSAGING) AND THAT MESSAGE AND DATA RATES MAY APPLY. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO GIVE THIS CONSENT IN ORDER TO MAKE PURCHASES OR PLACE ORDERS WITH THE SHOP OR BECOME A MEMBER OF WELD.COM.
4.3 Security. While there is no such thing as “perfect security,” we will take reasonable steps to help ensure the safety of your Personal Data. However, the safety and security of your Personal Data also depends upon you. Upon registration of a Membership, you will be provided with a username and password to access benefits available to our Members. You must treat your username, password or any other piece of information utilized as part of our security procedures as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to our Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Personal Data.
We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your Personal Data. We may also report to other organizations about improper or unlawful activities by our Members, and this reporting may include disclosure of Personal Data relating to those individuals conducting such improper or unlawful activities.
5. Feedback and Referral
5.1 Feedback. Weld.com is free to use your Feedback without any restriction of any kind as long as we do not attribute you as the source.
We appreciate any ideas, suggestions, documents, and/or proposals that you want to share with Weld.com through “Contact us,” or other similar pages on our Services, or through our social media pages (collectively, “Feedback”). By submitting your Feedback, you agree that it is provided on a non-confidential basis (unless otherwise agreed or required by law). Therefore, you hereby grant to Weld.com a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation, maintenance and improvement of our Services.
5.2 Referral. We hope that you like our Services and tell your friends and communities about us.
If you enjoy our Services, we encourage you to share your experience with us and your friends and communities (“Referral”). If you choose to use the features in our Services to let a friend know about our Services, we need you to provide your contact’s email address, social media profile, or other contact information, so that we may reach out and tell such individual about us. We may store this information for a limited period of time, but we will not display it publicly.
You represent and warrant that you have all rights necessary to submit the Feedback or provide your contact’s information to make the Referral.
6. Disclaimers: These are the things that we have no control over and therefore cannot be responsible
6.1 General. THE SERVICES ARE PROVIDED FOR ENTERTAINMENT, , AND PROMOTIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT. THIS MEANS THAT WE MAKE NO WARRANTY OR PROMISES THAT
OUR SERVICES WILL MEET YOUR REQUIREMENTS,
OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME, TIMELY, UNINTERRUPTED, OR ERROR-FREE,
ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY WILL BE CORRECTED OR VIRUS-FREE,
ANY CONTENT OR INFORMATION FOUND ON OUR SERVICES WILL BE ACCURATE, UP-TO-DATE, OR RELIABLE,
THE SERVICES OR THE INFORMATION TRANSMITTED TO OR FROM THEM OR STORED ON THEM WILL BE SECURE FROM UNAUTHORIZED ACCESS,
INFORMATION AND CONTENT THAT YOU STORE IN YOUR ACCOUNT OR ON THE SERVICES WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
THE QUALITY OF INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6.2 Safety; Assumption of Risk. We care about your safety and want you to consider any risk inherent in any welding activities. We recommend that you obtain a physical examination or otherwise consult a physician prior to initiating any welding activities.
By using our Services and engaging in welding activities as a result, you agree, represent, and warranty that you have disclosed any medical condition or medication to your physician that could limit or prevent you from performing physical activities relating to welding, and have your physician assess your conditions and advise you on whether you should participate in any welding activities.
You understand and agree that there is a risk of serious injury or other harms inherent in and associated with participation in any welding activities. In recognition of the dangers existing in any strenuous physical activity, by signing this Agreement, you understand, acknowledge, agree, and hereby voluntarily accept all risks and responsibilities associated with your decision to (ii) follow any welding techniques, know-how, tips, and educational videos made available to you as a result of your Membership, and (ii) us any of the equipment and tools to facilitate any welding activities that you engage voluntarily.
Except as otherwise set out in the Agreement, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injury, illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction or negligence of Weld.com or others.
6.3 No Legal, Medical, or other Professional Advice. We are not lawyers, doctors, provider of healthcare or telehealth services, or other licensed professionals, and do not provide any type of legal, medical, accounting, engineering, product design, or other advice. Nothing contained in the Services should be construed as such advice or diagnosis. The Content or information displayed on our Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical, legal, engineering, product design, or other decisions, or to diagnose or treat a health condition or illness. NO ATTORNEY-CLIENT OR DOCTOR-PATIENT RELATIONSHIP IS FORMED BETWEEN YOU AND WELD.COM. ANY AND ALL SERVICES PROVIDED BY, IN AND/OR THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO CONTENT) ARE FOR INFORMATIONAL PURPOSES ONLY.
6.4 Success Stories Not Guaranteed. Success stories posted by Members or Weld.com on our Services may not represent typical or even accurate results obtained from any particular techniques, know-how, or tips relating to welding or other activities. While we enable and encourage Members to communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between Members, whether online or offline. Additionally, we cannot and do not represent or warrant that any Members or users of our Services are licensed, qualified, insured or capable of performing any product or services, and we make no representations or warranties about the expertise, professional qualifications, or quality of work of any vendor , or the suitability, reliability or accuracy of the products and services they provide.
6.5 System and Equipment. You must provide the equipment and Internet connections necessary to access the Services at your own expense. We do not guarantee that the Services will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer. There may be times when our Services are unavailable due to technical errors or network outages or for maintenance and support activities.
7. Limitation of Liability. We need to manage our risks.
7.1 DISCLAIMER OF CERTAIN DAMAGES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WELD.COM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, PARTNERS AND LICENSORS, INCLUDING THOSE THAT PROVIDE VENUE FOR OFFSITE COMPETITIONS OR TRAINING CLASSES (“WELD.COM PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR OFFERINGS OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WELD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE AGREEMENT, OR FROM ANY SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE OUR SERVICES OR CONTENT; OR (2) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
7.2 CAP ON LIABILITY. UNDER NO CIRCUMSTANCES WILL THE WELD.COM PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR MORE THAN THE AMOUNT RECEIVED BY WELD.COM AS A RESULT OF YOUR USE OF OUR SERVICES. OUR SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100 USD) OR THE AMOUNT YOU PAID WELD.COM TO USE THE APPLICABLE SERVICE(S) IN THE PAST TWELVE MONTHS, WHICHEVER IS GREATER.
7.3 Limitation period. Any claim related to THIS AGREEMENT or the SERVICES may not be brought unless made within the one-year period beginning on the date when the claim first could be filed. If it is not filed within such time, then that claim is permanently barred.
7.4 EXCEPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONs OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND Weld.com’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8. Release and Indemnification.
8.1 Release. You agree to release the Weld.com Parties from any and all liability and obligations whatsoever in connection with or arising from your use of the Services. If at any time you are not satisfied with the Services or object to any Content or other material within or on the Services, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Services.
8.2 Indemnification. You agree to indemnify and hold the Weld.com Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with: (i) the use or inability to use our Services or any Content; (ii) your breach or violation of the Agreement or any other guidelines or agreements referenced in the Agreement, (iii) any information you provide to Weld.com (including any information your provide to us as part of a contact form, or Feedback or Member Content); (iv) your violation of any rights of any third party, including privacy and intellectual property rights; (v) your failure to disclose any pre-existing conditions, limitations, or sensitivities; or (vi) your participation in any community events or competition sponsored by Weld.com, including your use of any equipment or facilities.
8.3 Release by California Residents. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Weld.com.
9. Third-Party Services & Content. We do not have control over services or contents provided by a third party.
10. Suspension and Termination Here’s what we have to do if we part ways or if we have to modify, suspend, or terminate your access.
10.1 Suspension. You acknowledge and agree that we may, under certain circumstances, immediately suspend your access to the Services or any part thereof, including, without limitation, for the following reasons: (a) your breach or violation of this Agreement or other terms or guidelines referenced in this Agreement; (b) our discontinuance or modification to the Services; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) your engagement in fraudulent or illegal activities. You further agree that any such actions may be taken without notice to you, in our sole discretion, and without liability to you or any third party.
10.2 Term and Termination. This Agreement is effective unless and until terminated by Weld.com or you. Weld.com may, in its sole discretion, terminate your use of the Services or any part thereof, if you fail to comply with any term of provision of this Agreement. You may terminate this Agreement at any time by discontinuing all use of the Services. We may also terminate your access to all or part of our Services, without notice, for any conduct that we, in our sole discretion, believe is disruptive to our Services (or other Members) or is in violation of any applicable laws or this Agreement. We may not provide you with any notice beforehand when we take any of these actions. Weld.com shall in no way be held liable for any consequence which results from any decision to modify or discontinue providing the Services. To the extent Weld.com terminates your access to our Services due to your breach of this Agreement, you will not receive a refund or credit for any remaining days in your current billing period. Termination or cancellation of this Agreement shall not affect any right or relief to which either Weld.com or you may be entitled at law or in equity. Upon termination, you must terminate all use of the Services and destroy all materials, including any Weld.com Content, obtained using the Services and all copies thereof.
11. Governing Law; Arbitration; Class-Action
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND Weld.com TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
The laws of the State of Florida will govern this Agreement, without giving effect to any principles of conflicts of laws. To the extent the parties are permitted under this Agreement to initiate litigation in a court, you agree that any action arising out of this Agreement or your use of the Services shall be brought in state or federal court in the Pinellas county, Florida, USA and you consent to the jurisdiction of such courts.
For any dispute you have with any Weld.com Party, you agree to first contact Weld.com and attempt to resolve the dispute with Weld.com informally. Unless resolved by mutual efforts of you and us, any disputes or claims that may arise out of or in connection with this Agreement and for which either party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in Largo, Florida, by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. Weld.com and you together understand and agree that the decision in such arbitration shall be binding on both parties, that the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees and that a judgment upon any award rendered may be entered in any court having jurisdiction.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from a court for matters related to data security, intellectual property or unauthorized access to or use of the Services. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WELD.COM AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WELD.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
You may opt out of binding arbitration and this class action and jury trial waiver by notifying us in writing within 30 days of signing this Agreement unless a longer period is required by law. Your written notification must be mailed, emailed, or delivered to us at the address or email address listed at the top of this Agreement within 30 days of the date you sign this Agreement and must include your name, your address, and a clear statement that you do not wish to resolve disputes through arbitration.
12. Updates to this Agreement and Services: Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, update this Agreement, impose limits, and occasionally alter certain aspects of our Services. We may also upgrade our Services, which might not work properly if you don't install the updates.
We reserve the right to modify this Agreement at any time, effective upon posting. You can tell when changes have been made to this Agreement by referring to the “Last Updated” legend on top of this page. We will provide you with advance notice of a major change. For example, we may: (i) require that you reaccept the updated version of this Agreement; (ii) send you an electronic notification advising of the update to this Agreement; or (iii) include a notice on the Services. We do not ordinarily provide advance notice of a minor change. We encourage you to check this Agreement every time you visit the Services.
Your continued use of our Services and/or utilization of any Services after this Agreement have been updated (and after advance notice for a major change) indicates your agreement and acceptance of the updated version of this Agreement.
13.1 Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor Weld.com will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
13.2 Promotional Activities:
Coupons & Discounts. We may allow you to receive promotional coupons (“Coupons”), or other promotions or discounts (“Discounts”) that may be used to purchase goods and services from us, certain Premium Members, or third parties (“Coupon Vendors”). Additional terms and conditions may be contained on each Coupon or Discount. Any violation of the terms and conditions will make the Coupons or Discounts null and void. We are not responsible for lost or stolen Coupons. Coupons or Discounts are not redeemable for cash. Only one Coupon or Discount per redemption unless otherwise provided in the Coupons’ terms and conditions. A Coupon or Discount is automatically void if prohibited by law. A Coupon or Discount may not be used for alcohol, tips, taxes, and any other statutory limitations. You acknowledge and agree that we may stop (permanently or temporarily) providing the Coupons or Discounts to you or to Members generally at our sole discretion, without prior notice to you.
Sweepstakes As a condition to participate in the Premium Members’ “Mystery Box” giveaway or entering other sweepstakes periodically sponsored by Weld.com (“Sweepstakes”), you grant us the permission to share your email address, user ID, Member Content submitted in connection with the Sweepstakes, and/or any other Personal Data with our agents for the purpose of Sweepstakes administration and prize fulfillment, including use in a publicly available winners list and our social media feeds. Automated or robotic Entries submitted by individuals or organizations will be disqualified. The eligibility, criteria for winning, and available prizes will be subject to additional terms and conditions of such Sweepstakes. Members must be 18 years of age to enter into or participate in the Sweepstakes (“Entrant”). False, fraudulent or deceptive entries or acts shall render Entrants ineligible. Incomplete entries will be disqualified. Winner will be notified according to their contact information set forth in the Account or otherwise provided in their entries. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. The potential prize winner may be required to sign and return an affidavit of eligibility and release of liability, and a publicity release. No substitution or transfer of a prize is permitted except by Weld.com. If for any reason, we cannot run the Sweepstakes as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, we reserve the right to conduct a random drawing at our discretion to award all remaining prizes from among all eligible entries received prior to the time of the action or event warranting such cancellation, termination, or suspension. Entrants release and waive any claims they may have against Weld.com and its agent administering the Sweepstakes for any and all injuries, claims, damages, losses, costs, or expenses of any kind (including without limitation attorney's fees) resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in this Sweepstakes. The aforementioned terms apply to Sweepstakes unless the website or domain name of the Sweepstakes specifies that such event is subject to other terms and conditions.
13.3 Access from Outside of the United States. Our Services and Weld.com Content is hosted in the United States and is governed by the laws of the United States. Our products and Services, and other Weld.com Content on our Services, are only directed at those located within the United States. If you are using our Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.
13.4 Assignment. You may not assign or otherwise transfer this Agreement or any rights obligations hereunder without Weld.com’s prior, written consent. Any assignment in violation of this Section is null and void.
13.5 Notice. We may provide any notice to you under this Agreement by sending a message to the email address you provide, or by posting to www.weld.com. Notices we provide by posting will be effective upon posting. To give us notice under this Agreement, you must use the "Contact Us" information provided at the end of this Agreement to deliver notice via email or personal delivery, overnight courier, or registered or certified mail. We may update the email address or mailing address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
13.7 Force Majeure. Weld.com shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, epidemic, health crisis declared by government authorities, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, denial of service attack, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, telecommunications, or utilities.
13.8 No Waiver. No waiver of any term in this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Weld.com’s failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
13.9 Section Headings. The section headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope or intent of the clauses to which they pertain.
13.10 Survival of Certain Provisions. Those provisions outlined here that normally would survive after you cease using the Services and Weld.com Content and all provision indicating an ongoing obligation, which include but are not limited to Sections 1.4 (Membership Fees and Payment), 2.2 (Weld.com Content), 3.1 (Prohibited Conduct), 6 (Disclaimers); 7 (Limitation of Liability), 8 (Release and Indemnification), 10 (Suspension and Termination), 11 (Governing Law; Arbitration; Class-Action Waiver), and 13 (General), shall survive any termination or expiration of this Agreement, but shall not imply or create any continued right to use the Service after the termination of this Agreement.
13.11 Contact Us. All feedback, comments, requests for technical support and other communications relating to the Services should be directed to:
In Writing: Weld.com LLC
6901 Bryan Dairy Road
Largo, Florida 33777
By Telephone: (727) 546-9600
By Email: email@example.com