WEBSITE TERMS AND CONDITIONS
This website and all content on this website are proprietary to The American Welding Society, and The American Welding Society retains all right, title, and interest in and to the same. Accordingly, this website and the content may not be copied, distributed, printed, republished, downloaded, or transmitted in any way without the prior written consent of The American Welding Society, except as otherwise expressly stated. Modification or use of the content except as expressly provided in these Terms violates The American Welding Society’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Access to This Site
The American Welding Society reserves the right to refuse to any person access to this site or any of its resources, and to terminate or suspend any person’s access at any time.
Restrictions On Use
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without The American Welding Society’s express prior written consent. Unless otherwise provided within the Terms, You agree not to:
(i) access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose, including, but not limited to, monitoring content, without express written permission;
(ii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(iv) deep-link to any portion of this website for any purpose without express written permission;
(v) "frame", "mirror" or otherwise incorporate any part of this website into any other website without our prior written authorization;
(vi) place false or misleading information on the website;
(vii) co-brand with this website or otherwise display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with The American Welding Society in causing any unauthorized co-branding or framing immediately to cease;
(viii) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by this agreement;
(ix) upload or transmit to the website or use any device, software or routine that contains Trojan Horses, Worms, Time Bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of this Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that imposes on the rights of a third party; or
(x) use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of this website, or take any action that imposes an unreasonable load on our equipment or disguises the origin of the information transmitted through the website.
THE WEBSITE, ITS CONTENT, THE WORK AND ANY THIRD PARTY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE, THE WORK AND/OR ANY THIRD PARTY MATERIALS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ANY SOFTWARE, WEBSITE CONTENT, ANY SITES "LINKED" TO THIS SITE, THE WORK OR ANY THIRD PARTY MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE ITS SERVERS, WEBSITE CONTENT, ANY SITE OR SITES "LINKED" TO THIS WEBSITE OR ANY THIRD PARTY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OR ACCESSING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT DOWNLOADING OR OTHERWISE OBTAINING SUCH CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SITE AND ANY THIRD PARTY MATERIALS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
We reserve the right to change any and all content, software and other items used or contained in the website at any time without notice. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by The American Welding Society.
The American Welding Society assume no responsibility for consequences resulting from use of the information contained herein, including the Work, or from use of the information obtained at linked sites, or in any respect for the content of such information. The American Welding Society are not responsible for, and expressly disclaim all liability for, damages of any kind arising out of use, reference to, reliance on, or performance of such information, as well as for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record. You also acknowledge that The American Welding Society are not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, members or other users of the platform and that the risk of injury from the foregoing rests entirely with each user.
This website may be hyperlinked to other sites that are not maintained by, or related to, The American Welding Society. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The American Welding Society. The American Welding Society has not reviewed any or all of such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and The American Welding Society make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this website.
Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by The American Welding Society of that site.
You hereby grant to The American Welding Society the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to The American Welding Society through this website, and to incorporate any submission in other works in any form, media, or technology now known or later developed. The American Welding Society will not be required to treat any submission as confidential, and may use any submission in their business without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The American Welding Society operations.
Notice of Copyright Infringement
If You are a copyright owner who believes Your copyrighted material has been reproduced, posted or distributed via the website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. Mail to Asssociation, [address], Attn: ____________________ or by email to _______________..
Please include the following information in Your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material on the website;
(3) Your contact information, including Your address, telephone number, and, if available, email address;
(4) Your statement that You have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) Your statement, made under penalty of perjury, affirming that the information in Your notice is accurate and that You are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Limitation on Liability
The American Welding Society, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if The American Welding Society has been advised of the possibility of such damages. If You are dissatisfied with the website, any materials, products, or services on the site, or with any of the site’s terms and conditions, Your sole and exclusive remedy is to discontinue using the site. Without limiting the foregoing, in no event will the collective liability of The American Welding Society and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the lesser of $100 or the amount You have paid to The American Welding Society for the applicable content or service out of which liability arose.
You will indemnify and hold The American Welding Society, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms by You, including any use of Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from this site.
Trademarks, service marks, and logos appearing in this website are the property of The American Welding Society or the party that provided the trademarks, service marks, and logos to The American Welding Society. The American Welding Society and any party that provided trademarks, service marks, and logos to The American Welding Society retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Unauthorized use of the trademarks, service marks and logos of The American Welding Society or any third party is unlawful and will be grounds for exclusion from future use of this website.
Controlling Law; Forum Selection
This website is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this website, You agree that this Agreement shall be governed by and construed and enforced in accordance with the laws of the [State], without regard to conflicts principles. A court of competent jurisdiction in [City/County and State] shall be the exclusive forum for the resolution of any dispute between You and The American Welding Society, and You irrevocably consent to the personal and subject matter jurisdiction, and venue, of such court.
These Terms and the other documents entered into contemporaneously with or pursuant to them, constitute the entire Agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.
In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
You agree that we may modify the Terms (or discontinue this website) in our sole discretion, without advance notice, and that Your right to access this website is conditioned on an ongoing basis with Your compliance with the then-current version of these Terms. You should therefore visit this page frequently.
Failure of The American Welding Society to enforce one or more of the provisions of these Terms or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by such parties nor in any way to affect the validity of these Terms or The American Welding Society to thereafter enforce each these Terms.