Last Revised July 30, 2020
Terms and Conditions of Use
Purpose of the HIWT Web Site
The Web Site is provided solely for informational purposes and the purposes of enabling communication between you and HIWT. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
Use of the HIWT Web Site
HIWT grants you a non-exclusive right to access and use the Web Site and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Web Site shall be limited to non-commercial purposes unless you are otherwise expressly authorized by HIWT to use the Web Site for commercial purposes. You agree to use the Web Site only for lawful purposes, comply with all rules governing any transactions on and through the Web Site and comply with applicable laws.
You agree to use the HIWT Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: upload to or transmit on the HIWT Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; use the HIWT Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; intercept or attempt to intercept electronic mail not intended for you; misrepresent an affiliation with any person or organization; upload to or transmit on the HIWT Web Site any advertisements or solicitations of business; restrict or inhibit use of the HIWT Web Site by others; upload or otherwise transmit files that contain a virus or corrupted data; collect information about others (including email addresses) without their consent; 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 HIWT Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the HIWT Web Site); post “spam,” transmit chain letters or engage in other similar activities; impersonate or attempt to impersonate HIWT, a HIWT employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the HIWT Web Site, or which, as determined by HIWT, may harm HIWT or users of the HIWT 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 HIWT Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by HIWT, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of HIWT. You understand and acknowledge that you are responsible for whatever content you submit, and you, not HIWT, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the HIWT 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 HIWT Web Site. You grant to HIWT the right to use all content you upload or otherwise transmit to the HIWT Web Site in any manner HIWT 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) HIWT reserves the right, but does not assume any responsibility, to remove any material posted on the HIWT Web Site which HIWT, in its sole discretion, deems inconsistent with the foregoing commitments, including any material HIWT has been notified, or has reason to believe, constitutes a copyright infringement; and terminate any user’s access to all or part of the HIWT Web Site. However, HIWT can neither review all material before it is posted on the HIWT Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, HIWT assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. HIWT reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, HIWT 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 HIWT Web Site and may expose you to civil and/or criminal liability.
User Account Responsibility
If you are given or create a password to access the Web Site, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify HIWT immediately of any unauthorized use of your account. HIWT is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Notice and Consent to Receive Text (SMS) Messaging and Phone Calls
To discontinue receiving SMS messages from HIWT at any time, reply STOP to the SMS received from HIWT, or call 1-800-332-9448. For help, reply HELP to the text message received from HIWT or call 1-800-332-9448.
Not all mobile devices or handsets may be supported by this service. HIWT and any mobile carriers are not liable for delayed or undelivered messages. Message and data rates may apply to any text messages. Message frequency depends on the nature of your request. You hereby agree to be responsible for all costs, charges and fees you incur from your service or device provider as a result of choosing to receive such messages from HIWT.
Copyright Restrictions/Use of Content
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to HIWT or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the HIWT Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of HIWT. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of HIWT, 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 HIWT Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with HIWT or the applicable owner of such content.
Except as expressly authorized by HIWT in writing, you may not reproduce, sell or exploit for any commercial purposes
(a) any part of this Web Site,
(b) access to this Web Site or
(c) use of this Web Site or of any services or materials available through this Web Site.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Web Site. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, HIWT or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
The term “Hobart Institute of Welding Technology” is a trademark and the HIWT logo and all related product and service names, designs and slogans are HIWT trademarks. You may not use such marks without HIWT’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 Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site, you acknowledge and agree that HIWT is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that HIWT 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 merchants on this Web Site.
Liability of HIWT and its Licensors
HIWT does not assume any liability for the materials, information and opinions provided on, or available through, the HIWT Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. HIWT disclaims any liability for injury or damages resulting from the use of any Site Content.
THE HIWT WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER HIWT NOR ANY PERSON ASSOCIATED WITH HIWT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE HIWT WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER HIWT NOR ANYONE ASSOCIATED WITH HIWT WARRANTS OR REPRESENTS THAT THE HIWT WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE HIWT WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE HIWT WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HIWT DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER HIWT NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE WEB SITE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. HIWT FURTHER MAKES NO WARRANTY THAT THE WEB SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK AND THAT HIWT, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE WEB SITE OR YOUR USE THEREOF. IN NO EVENT WILL HIWT OR ITS LICENSORS OR CONTRACTORS BE LIABLE 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 HIWT WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS 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, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE HIWT WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY HIWT AND WHETHER OR NOT HIWT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY AGAINST HIWT FOR DISSATISFACTION WITH THE WEB SITE OR THE CONTENT IS TO CEASE YOUR USE OF THE WEB SITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability
Termination and Restriction of Access
In its sole discretion, HIWT may terminate or suspend your access to the Web Site for breach of these Terms and Conditions of Use. HIWT shall not be liable for any losses or damages arising from any such termination of service.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
HIWT welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by HIWT or its advertisers or business partners or in response to solicitations on this Web Site, will become HIWT’s property, and you agree that all intellectual property rights therein are transferred to HIWT. You understand that any postings to publicly available portions of the HIWT Web Site are non-confidential for all purposes.
The owner of this Web Site is based in the State of Ohio, USA. HIWT makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HIWT as a result of these Terms and Conditions of Use or use of the Web Site. You may not assign these Terms and Conditions of Use without the prior written consent of HIWT in all instances. HIWT may assign these Terms and Conditions of Use, in whole or in part, at any time. HIWT’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms and Conditions of Use is in derogation of HIWT’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by HIWT with respect to such use.