Terms and Conditions

Tax Statement:

Disclaimer:

The serviceability of a product or structure utilizing the type of information presented is, and must be, the sole responsibility of the builder/user. Many variables beyond the control of the James F. Lincoln Arc Welding Foundation affect the results obtained in applying this type of information. These variables include, but are not limited to, welding procedure, plate chemistry and temperature, weldment design, fabrication methods, and service requirements.

Terms of Use:

These Terms of Use govern your use of James F. Lincoln Arc Welding Foundation (the “Foundation”) website (the “Site”), and should be read carefully upon visiting or using the Site. Please check back periodically, as The Foundation reserves the right to modify these Terms of Use from time to time. By visiting the Site or using the Site (including by making purchases through the Site), you accept these Terms of Use. You accept these Terms of Use on your own behalf, and on behalf of your employer or you otherwise use this Site on your employer’s behalf. If you do not agree with all of these Terms of Use, or you are not authorized to agree to them on behalf of your employer, please do not visit or use the Site.

Content

This website has been prepared solely for the purposes of providing information about the James F. Lincoln Arc Welding Foundation (the “Foundation”) and advancing safe, reliable, and cost-effective arc welding design and practice worldwide. This website has been compiled in good faith by the Foundation. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. The Foundation makes no commitment, and disclaims any duty, to update any of the information on the website and reserves the right to add, modify or delete any information at this website at any time. This information includes technical articles submitted to the Foundation by third parties and is provided “as is” without any warranty or implied term of any kind.

Information published on this website is based on the best information in our possession at that time. The Foundation is not in a position to warrant or guarantee and assumes no liability, with respect to such information. We expressly disclaim any warranty of any kind, including any warranty of fitness for any particular purpose. As a matter of practical consideration, we also cannot assume any responsibility for updating or correcting any such information.

Use of This Website

The Site may be used solely for lawful purposes, and may not be used in such a manner as to destroy, interrupt, or limit the functionality of any software or hardware of The Foundation or any third party (e.g. using this Site for spreading computer viruses or disrupting other websites), to disrupt the use of the Site by other users, or to violate any applicable law.

The Foundation reserves the right to disclose any material associated with the Site if required to do so by law or in good faith belief that such records or disclosures are reasonably necessary (i) to comply with the legal process; (ii) to enforce these Terms of Use; (iii) to respond to any claim that the Content violates a right of any third party; or (iv) to protect the rights, property, or personal safety of The Foundation, its employees, or the general public.

Ownership

All portions of the Content created or provided by The Foundation (including text, graphics, logos, icons, and images), and the compilation of all the Content on this website, are the property of The Foundation or its content providers, and are protected by the intellectual property laws of the U.S. and other nations. You may download, view, copy, and print the materials on this Site for personal or internal use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of The Foundation. The Foundation reserves the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Upon revocation or termination of such rights, you must destroy any digital or printed copies of any material obtained from any portion of the Site. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the U.S. and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.

The trademarks, service marks, and logos used on the Site are trademarks of The Foundation or others. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of The Foundation. The designations ™, SM, ®, and © are used in accordance with U.S. laws rather than the laws of any other jurisdiction.

With respect to any material that you submit to the Site or to The Foundation, you agree that The Foundation may use such materials free of charge and you grant The Foundation a perpetual, irrevocable non-exclusive license to reproduce, modify, adapt, create a derivative work from, perform, distribute, or publish any such material.

Links to Other Sites

The Site may contain links to other web sites. The Foundation has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not constitute an endorsement of or any representation regarding the linked website, its content, its owner, its performance, or its owner’s products or services.

Disclaimer of Warranties

The Foundation assumes no responsibility, and will not be liable for, any damage to, or viruses or other disabling code that may infect, your computer equipment, software or other property as a result of your downloading, viewing, or otherwise using the Site or the Content, or any sites to which the Site contains a link, or their content.

THE SITE, THE CONTENT, AND THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FOUNDATION MAKES NO WARRANTY (i) THAT THE SITE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THAT THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; AND (v) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.

Any material distributed, downloaded, or accessed from the Site is done at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your reliance upon any such material. The Foundation assumes no responsibility, and will not be liable for, any damages to, or any virus or any other disabling code that may infect your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, any of its material, or any other site which contains a link to the Site. No information or advice obtained from the Site, whether oral or written, shall create any warranty not expressly stated herein.

Limitation of Liability

IN NO EVENT WILL THE FOUNDATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE OR THE FOUNDATION.

THE FOUNDATION SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND THE FOUNDATION’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO MECHANICAL, ELECTRONIC, OR COMMUNICATIONS FAILURE OR DEGRADATION.

Global Availability and Applicable Laws

The Foundation makes no representation that access to the Site is permitted under the laws of your country, and access to the Site is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the Site, including U.S. Export Control Laws. In particular, this Site may not be used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country upon which the U.S. has imposed an embargo; or (2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You hereby agree to the foregoing and represent and warrant that you are not a national, resident or under the control of any such country, or on any such list.

General Information

The use of the Site and any claim relating to it or its contents are governed by laws of the state of Ohio, U.S., and controlling federal law of the U.S., without regard to conflict of laws provisions. The sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the U.S. federal courts located in Cuyahoga County, Ohio, U.S., and you and The Foundation agree to submit to personal and exclusive jurisdiction of these courts. Any failure by The Foundation to exercise or enforce any term, provision, or right established by these Terms of Use shall not constitute a waiver of such term, provision, or right. The terms and provisions set forth in these Terms of Use are the complete and exclusive agreement between The Foundation and you and they supersede and cancel all previous agreements, communication, and other understandings pertaining to these Terms of Use. In the event that any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, the provision shall be given effect to the maximum extent allowed by law. These Terms of Use do not create an agency, joint venture, or employment relationship, and you do not have the right to bind The Foundation in any respect whatsoever. The terms and provisions of these Terms of Use may not be assigned, transferred, or sublicensed by you; however, The Foundation reserves the right to assign these Terms of Use in part or in whole to any third party. You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to your use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and do not have any legal or contractual effect whatsoever.

Copyright 2011 James F. Lincoln Arc Welding Foundation. All rights not expressly granted.

Privacy Statement:

The James F. Lincoln Arc Welding Foundation has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.jflf.org.

The James F. Lincoln Arc Welding Foundation does not sell any personal information or e-mail addresses collected on it’s Web site. It also does not share this information with any other organizations not directly affiliated with the James F. Lincoln Arc Welding Foundation. In addition, our Web site tracks information about the visits to our Web site through various methods including the use of cookies. These statistics are used internally to better provide services to the public and are not provided to other organizations.

We use your IP address to help diagnose problems with our server, and to administer our Web site. This site contains links to other sites. www.jflf.org is not responsible for the privacy practices or the content of such Web sites.