Terms & Conditions of Site Use
Welcome to the web site operated by Hobart Brothers. The HobartBrothers.com website (hereafter referred to as the “Web Site”) provides general information about Hobart Brothers and its products free of charge to users in the United States.
Overview: The Hobart Brothers Web Site has been created solely for the purpose of providing information about Hobart Brothers and includes information about Hobart Brothers products and services, news, press releases, awards, history, and other information.
Copyright Restriction/Use of Content: The entire contents of this Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof: all of which are proprietary to Hobart Brothers or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Hobart Brothers Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Hobart Brothers. 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 Hobart Brothers, 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 Hobart Brothers Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Hobart Brothers or the applicable owner of such content. Except as expressly authorized by Hobart Brothers 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.
Trademarks: The term “Hobart Brothers” is a trademark and the Hobart Brothers logo and all related product and service names, designs and slogans are Hobart Brothers trademarks. You may not use such marks without Hobart Brothers’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Dealings with Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Web Site, you acknowledge and agree that Hobart Brothers is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Hobart Brothers will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such distributor or merchant on this Web Site.
Information Provided “As Is”: You assume all responsibility and risk for the use of this Web Site. Hobart Brothers does not assume any liability for the materials, information and opinions provided on, or available through, the Hobart Brothers Web Site (the “Site Content”). Any of the Site Content may include technical inaccuracies or typographical errors. Hobart Brothers has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Hobart Brothers or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. Hobart Brothers disclaims any liability for injury or damages resulting from the use of thereof.
THE HOBART BROTHERS 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. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL HOBART BROTHERS DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. HOBART BROTHERS DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER HOBART BROTHERS NOR ANY PERSON ASSOCIATED WITH HOBART BROTHERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE HOBART BROTHERS WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER HOBART BROTHERS NOR ANYONE ASSOCIATED WITH HOBART BROTHERS WARRANTS OR REPRESENTS THAT THE HOBART BROTHERS 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 HOBART BROTHERS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE HOBART BROTHERS WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HOBART BROTHERS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you.
Limitation of Liability: Hobart Brothers shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Web Site. Hobart Brothers assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL HOBART BROTHERS, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE HOBART BROTHERS 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, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE HOBART BROTHERS WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY HOBART BROTHERS AND WHETHER OR NOT HOBART BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Indemnification: You agree to indemnify and hold harmless Hobart Brothers and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Hobart Brothers Web Site or the delivery of products, services or information over the Hobart Brothers Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Hobart Brothers Web Site or any products, services or information obtained from this Web Site.
Customer Assistance Policy: The business of Hobart Brothers is manufacturing and selling high quality welding and cutting equipment. Our challenge is to meet the needs of our customers and to exceed their expectations. On occasion, purchasers may ask Hobart Brothers for advice or information about their use of our products. We respond to our customers based on the best information in our possession at that time. Hobart Brothers is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. We expressly disclaim any warranty of any kind, including any warranty of fitness for any customer’s particular purpose, with respect to such information or advice. As a matter of practical consideration, we also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of our products. Hobart Brothers is a responsive manufacturer, but the selection and use of specific products sold by Hobart Brothers is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Hobart Brothers affect the results obtained in applying this type of fabrication methods and service requirements.
Use Of The Hobart Brothers Web Site: You agree to use the Hobart Brothers Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Hobart Brothers 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; (2) use the Hobart Brothers Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Hobart Brothers Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Hobart Brothers Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Hobart Brothers Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Hobart Brothers Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Hobart Brothers Web Site, or which, as determined by Hobart Brothers, may harm Hobart Brothers or users of the Hobart Brothers 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 Hobart Brothers Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Hobart Brothers, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Hobart Brothers. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Hobart Brothers, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Hobart Brothers 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 Hobart Brothers Web Site. You grant to Hobart Brothers the right to use all content you upload or otherwise transmit to the Hobart Brothers Web Site in any manner Hobart Brothers 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) Hobart Brothers reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Hobart Brothers Web Site which Hobart Brothers, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Hobart Brothers has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Hobart Brothers Web Site. However, Hobart Brothers can neither review all material before it is posted on the Hobart Brothers Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Hobart Brothers assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Hobart Brothers 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, Hobart Brothers 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 Hobart Brothers Web Site and may expose you to civil and/or criminal liability.
Links to Third Party Web Sites: The Hobart Brothers Web Site contains links to third-party sites, these are provided for the convenience of Hobart Brothers customers and Hobart Brothers makes no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Neither Hobart Brothers nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from this Web Site.
Linking to the Hobart Brothers Web Site: Linking to the Hobart Brothers Web Site from a third party web site is permitted as a courtesy. This permission to link to the Hobart Brothers Web Site does not, in any way, imply Hobart Brothers’s endorsement of the linked site. Hobart Brothers reserves the right to specifically revoke consent to link to the Hobart Brothers Web Site if Hobart Brothers determines in its sole discretion that the Web Site containing the Hobart Brothers link does not meet Hobart Brothers aesthetic or other standards.
Worldwide Notice: Hobart Brothers offers services and products in many parts of the world. HobartBrothers.com may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Hobart Brothers intends to offer such service or products in all countries. This Web Site is subject only to jurisdiction of the U.S. courts. Hobart Brothers 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.