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TERMS OF USE

Effective March, 2016

SCOPE OF USE

Use of the website www.lincolnmanufacturing.com (the “Site”) is for informational purposes only. Each visitor by accessing, browsing or use of this Site, by downloading or use of material from it, and/or engaging in any other activity thereon, agrees to be bound by the terms and conditions set forth herein (the “Terms of Use”).

DISCLAIMER OF WARRANTIES

Lincoln Manufacturing, Inc. and its parents, subsidiaries or affiliates (herein collectively referred to as “LMI”) do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained in the Site. Pricing and availability of products are subject to change without notice. LMI disclaims any responsibility for any loss which may result from accessing or relying on any information provided for in the Site. Decisions based on information contained in the Site are the sole responsibility of the visitor.

WITHOUT LIMITING THE FOREGOING, ALL INFORMATION IN LMI’S SITE IS PROVIDED “AS IS” AND LMI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THOSE RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED.

LMI assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect a visitor’s computer equipment or other property on the account of visitor’s access to, use of, browsing in, or downloading of anything from the Site.

LIMITATION OF LIABILITY

VISITOR AGREES TO ACCESS AND USE THE SITE AT VISITOR’S SOLE RISK. IN NO EVENT SHALL LMI BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNATIVE DAMAGES ARISING OUT OF: (I) USE OF THE SITE OR ANY LINKED WEB SITE (II) INABILITY TO USE THE SITE, (III) INACCURACIES OR OMISSIONS IN THE SITE (IV) ANY DECISIONS MADE BY VISITOR BASED ON INFORMATION CONTAINED IN THE SITE (V) VIRUSES FROM THE SITE (VI) OR NON-ACCESSIBILITY OF THE SITE, EVEN IF LMI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. THESE DAMAGES INCLUDE, BUT MAY NOT BE LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA.

MODIFICATIONS

LMI reserves the right to modify, amend, remove or update the Terms of Use at its sole discretion, at any time and without prior announcement of any kind. Visitors are responsible for informing themselves of the Terms of Use in effect when using LMI’s Site. Visitor’s continued use of the Site after the posting of modifications, amendments or updates demonstrate visitor’s acceptance of said changes.

INDEMNITY

Visitors agree to release, indemnify, defend and hold LMI and their respective directors and employees harmless from and against any and all claims, actions, proceedings, costs, damages, demands, liabilities and expenses howsoever sustained, incurred or paid by LMI directly or indirectly resulting from (i) any information or content visitors provide on or through the Site and (ii) visitors use or misuse of the Site and its content, including but not limited to, infringement claims.

LINKS

Links to websites not maintained by LMI are provided for the convenience of visitors, and LMI is not responsible for, nor has it determined if the information on such websites is accurate or the conditions respecting the use thereof. Such links do not constitute sponsorship, endorsement, adoption, or approval of such websites or their contents by LMI. Visitors are responsible for determining the conditions of use and taking all protective measures against viruses when accessing any linked websites on the Site. LMI makes no representations or warranties regarding any linked websites or the information appearing thereon.

COPYRIGHT

Except as otherwise noted, the text and graphics provided in the Site are to be considered intellectual property of LMI. LMI does, however, invite visitors to make a single copy of information published on LMI’s Site for their personal, non-commercial use or use within the organization that employs them. LMI’s names, logos, and trademarks may not be otherwise used by visitors in any manner without the prior written consent of LMI. Any unauthorized use of the Site content is expressly prohibited and may constitute a violation of patent, copyright, or patent law or other intellectual property rights.

MODIFICATIONS

LMI reserves the right to modify, amend, remove or update the Terms of Use at its sole discretion, at any time and without prior announcement of any kind. Visitors are responsible for informing themselves of the Terms of Use in effect when using LMI’s Site. Visitor’s continued use of the Site after the posting of modifications, amendments or updates demonstrate visitor’s acceptance of said changes.

INDEMNITY

Visitors agree to release, indemnify, defend and hold LMI and their respective directors and employees harmless from and against any and all claims, actions, proceedings, costs, damages, demands, liabilities and expenses howsoever sustained, incurred or paid by LMI directly or indirectly resulting from (i) any information or content visitors provide on or through the Site and (ii) visitors use or misuse of the Site and its content, including but not limited to, infringement claims.

VISITOR INFORMATION

Any visitor to the Site who transmits or provides information to LMI through the Site (via electronic mail or otherwise) agrees that LMI has unlimited rights to such information and that LMI may treat such information as non-confidential and non-proprietary and may use such information in any way LMI chooses without compensation or acknowledgement of its source, except as otherwise restricted by applicable law. LMI does not seek to gather personal information specifically from or about persons under the age of eighteen (18) through the Site and person under the age of eighteen (18) are requested not to provide information to LMI through the Site.

GOVERNING LAW

The laws of the states of Texas and Ohio, exclusive of its conflicts of law provisions, shall govern the Terms of Use. If a visitor attempts to bring any legal proceedings against LMI, visitor specifically acknowledges that LMI may choose the jurisdiction as to where such action against LMI may be held.

MODIFICATIONS

LMI reserves the right to modify, amend, remove or update the Terms of Use at its sole discretion, at any time and without prior announcement of any kind. Visitors are responsible for informing themselves of the Terms of Use in effect when using LMI’s Site. Visitor’s continued use of the Site after the posting of modifications, amendments or updates demonstrate visitor’s acceptance of said changes.

INDEMNITY

Visitors agree to release, indemnify, defend and hold LMI and their respective directors and employees harmless from and against any and all claims, actions, proceedings, costs, damages, demands, liabilities and expenses howsoever sustained, incurred or paid by LMI directly or indirectly resulting from (i) any information or content visitors provide on or through the Site and (ii) visitors use or misuse of the Site and its content, including but not limited to, infringement claims.