Terms of Use
Overview
Welcome to the website operated by Michigan Industrial Gases Inc. This website has been created solely for purposes of providing information about Michigan Industrial Gases Inc. and its affiliates (collectively, “MIG”), facilitating commercial transactions within the continental United States with MIG, and includes information about MIG products and services
Basic Terms
Please review these Terms of Use. All access to and use of this site (the “MIG Property”), and the features and functions on this MIG Property, are subject to these Terms of Use, including any terms, conditions, policies and notices linked or referenced herein (collectively, “Terms”). The MIG Property is owned and/or controlled by MIG from within the United States of America. By accessing the MIG Property in any way, including, without limitation, browsing the MIG Property, using any information contained on or in the MIG Property, and/or submitting information to MIG, you agree to and are bound by the Terms, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law.
If you do not wish to agree to these Terms, do not access or use any part of the MIG Property. Your continued use of the MIG Property means that you accept and agree to the current or revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with the MIG Property, your sole and exclusive remedy is to discontinue using the MIG Property.
From time to time, MIG may update these Terms. Your use of the MIG Property after any changes to these Terms are posted constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. MIG may, in its sole discretion, and at any time, change or discontinue the MIG Property or any part thereof, with or without notice, or may prevent your use of the MIG Property with or without notice. You agree that you do not have any rights in the MIG Property and that MIG will have no liability to you if the MIG Property is discontinued or your ability to access the MIG Property or any content you may have posted on the MIG Property is terminated.
License and Access to MIG Property
MIG grants you a limited license to access and make use of the MIG Property solely for legitimate business purposes, subject to these Terms. By accessing or linking to the MIG Property, you assume the risk that the information on the MIG Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. MIG may add, change, discontinue, remove or suspend any of the information, features and other content included in the MIG Property at any time, without notice and without liability. Due to the open nature of the MIG Property, and the potential for errors in the storage and transmission of digital information, MIG does not warrant the accuracy of information contained on or obtained from the MIG Property.
Prohibited Purposes
You agree that you will not: (i) use the MIG Property in any way that violates any applicable federal, state, or local law; (ii) upload, post, reproduce, or distribute on the MIG Property any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the MIG Property for any commercial transactions that are unrelated to the purposes for which the MIG Property was provided; (iv) use the MIG Property to transmit any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (v) use the MIG Property to impersonate or attempt to impersonate any other person or entity or collect or store personal data about other users; (vi) use any electronic communication feature of the MIG Property for any purpose that is tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (vii) use the MIG Property to corrupt or misuse any data, personal information or User Content that may be submitted to or accessed through the MIG Property; (viii) use the MIG Property to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the MIG Property or which, as determined by us, may harm MIG or users of the MIG Property or expose them to liability; (ix) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful and will not attack the MIG Property via a denial-of-service attack or a distributed denial-of-service attack; (x) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the MIG Property, the server(s) on which the MIG Property is stored, or any server, computer or database connected to the MIG Property; or (xi) otherwise attempt to interfere with the proper working of the MIG Property.
MIG reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MIG Property.
MIG Content
Content on the MIG Property that is provided by MIG or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (collectively, "Content") is the property of MIG or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display, or use any MIG Content for use in any publications, in public performances, or on websites or applications other than the MIG Property for any unpermitted commercial purpose, in connection with products or services that are not those of MIG, in any other manner that is likely to cause confusion, that disparages or discredits MIG and/or its licensors, or that dilutes the strength of MIG’s or its licensor's intellectual property, or that otherwise infringes MIG’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any MIG Content or User Content (defined below) in any other manner.
Reviews, Content and Submissions
From time to time on certain areas of the MIG Property you may be able to submit reviews, comments, feedback and certain other materials (collectively, "User Content"). By using these features, you agree that: (i) you will not post any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by MIG in its sole discretion; (ii) you will not post any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) you will not impersonate any person or organization, including without limitation, the personnel of MIG, or misrepresent an affiliation with another person or organization; and (iv) you will not post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the MIG Property, or any feature of the MIG Property.
You further understand and agree that you have no ownership rights in any account you may have with MIG, or other access to the MIG Property or features therein. MIG may terminate or suspend your account and delete all User Content associated with your account at any time, and without notice, if MIG determines, in its sole discretion, that you have violated these Terms, the law, or for any other reason. MIG assumes no liability for any information removed from the MIG Property, and reserves the right to permanently restrict your access to the MIG Property or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the MIG Property, you hereby grant to MIG a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or have a valid license to use the content submitted, displayed, published or posted by you on the MIG Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Linde’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Any photos that you submit may be used at MIG's sole discretion. By submitting a photo you grant MIG a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, and publish your photo in any and all media throughout the world without compensation to you. You should only submit photos that you have personally taken.
Privacy; Protection of Personal Information
On certain areas of the MIG Property, you may be given the ability to provide Linde with personally identifiable information. Please read our Privacy Statement for more information about our information collection and use practices, which policy applies to information collected on the MIG Property, and your use of the MIG Property is subject to that policy.
Any passwords used for the MIG Property are for your use only. You will be responsible for the security of your password.
You are prohibited from using any services or facilities provided in connection with the MIG Properties to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, MIG reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.
MIG reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing MIG to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate applicable law(s) or these Terms.
Customer Assistance Policy
MIG’s business includes selling and distributing safety and related hardgoods equipment, materials and supplies. MIG’s challenge is to meet the needs of its customers and to exceed their expectations. On occasion, purchasers may ask MIG advice or information about their use of MIG’s products. MIG responds to its customers based on the best information in its possession at that time. Many variables beyond the control of MIG affect the results obtained in applying products sold by Michigan Industrial Gases Inc. MIG is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. MIG expressly disclaims 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, MIG 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 MIG’s products. Michigan Industrial Gases Inc. is a responsible distributor, but the selection and use of specific products sold by Michigan Industrial Gases Inc. is solely within the control of, and remains the sole responsibility of the customer.
Dealings with Other Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the MIG Property, you acknowledge and agree that MIG 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 that merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that MIG 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 merchant on the MIG Property.
Product Comparisons
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for your intended use.
Hypertext Links
The MIG Property may be linked to other sites which are not maintained by MIG. These are provided for the convenience of MIG customers. MIG is not responsible for the practices or policies of such third parties, and the inclusion of any link to such third party sites does not imply endorsement, sponsorship, or recommendation by MIG of the linked sites, or the content on such websites or applications or availability of these sites’ services or resources. MIG disclaims any liability for links: (i) from another site to the MIG Property, and (ii) to another site from the MIG Property. Your use of third party web sites and applications is at your own risk and subject to the terms and conditions of use for such sites.
You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by MIG without the prior review and written approval of MIG.
Intellectual Property Matters
One or more patents and pending applications for patents owned by MIG may apply to the MIG Property and to the features and services accessible via the MIG Property.
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the MIG Property or third party websites are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. MIG's trademarks and service marks may be used publicly with permission only from MIG. Fair use of MIG's trademarks and service marks in advertising or promotion of MIG's products requires proper acknowledgement.
Please contact our Webmaster at shipping@weldingsupply.com if you become aware of any MIG Content or User Content that may infringe the intellectual property rights of a third party or that you believe to be in violation of these Terms.
Disclaimer of Warranties
BY ACCESSING AND USING THE MIG PROPERTY, YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MIG PROPERTY, AND UNDERSTAND AND ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. MIG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN THIS REGARD, MIG MAKE NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE MIG PROPERTY, MIG CONTENT OR ANY USER CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE MIG PROPERTY, ANY MIG CONTENT, OR ANY USER CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE MIG PROPERTY; OR (IV) WHETHER THE MIG PROPERTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
MOREOVER, MIG MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. MIG DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE.
NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM MIG OR FROM THE MIG PROPERTY SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitations of Liability
YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO OUR PRIVACY POLICY AS STATED IN THESE TERMS, NEITHER MIG NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE MIG PROPERTY OR ANY INABILITY TO USE THE MIG PROPERTY, INCLUDING LINKS TO OTHER WEBSITES, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF INFORMATION YOU SEND TO US. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY UNAUTHORIZED ACCESS TO, MISUSE, ALTERATION, THEFT, DESTRUCTION OR LOSS OF ANY RECORD OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, COMPUTER VIRUSES, FILE CORRUPTION, OR LOSS OF PROFITS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MIG EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID MIG, IF ANY, IN THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM FOR PRODUCTS AND SERVICES ORDERED THROUGH THE MIG PROPERTY.
Time Limitation for Claims
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE MIG PROPERTY MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
To the extent not prohibited by law, you expressly agree to indemnify, defend and hold harmless Michigan Industrial Gases Inc. and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the MIG Property or the delivery of products, services or information over or by means of the MIG Property, from and against any claims, damages and expenses, including reasonable attorneys' fees and costs, related to (1) your or your employees’ or agents’ failure to comply with these Terms; (2) any User Content or other use of your account; (3) any activity in which you or your employees or agents engage on or through the MIG Property; and (4) any action taken by Linde during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Linde or law enforcement authorities.
Mobile Terms & Conditions
Please read our Mobile Terms of Servicefor more information about the MIG mobile message service operated by WeldingSupply.
Termination
The Terms will continue to apply until terminated by either you or MIG as follows.
You may end your legal agreement with MIG at any time for any reason by deactivating your account(s) and discontinuing your use of the MIG Property. In order to deactivate your account(s), please contact us at shipping@weldingsupply.com. If you have any questions regarding our Privacy Policy, please contact us at shipping@weldingsupply.com.
We may suspend or terminate your account(s) or cease providing you with all or part of the MIG Property at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the MIG Property to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the MIG Property the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the MIG Property, except for those provisions of these Terms that reasonably may be interpreted as surviving any such termination.
Nothing in this section shall affect MIG’s rights to change, limit or stop the provision of the MIG Property without prior notice, as provided above.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of Delaware without regard to that state’s conflicts of laws principles. By using this site, you hereby agree that any and all legal claims and disputes regarding these Terms will be subject to the exclusive jurisdiction of the state or federal courts located in Fairfield County, Connecticut.
These Terms, as they may be amended from time to time, completely and exclusively state the agreement between you and MIG with respect to the MIG Property, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.
These Terms operate to the fullest extent permissible by law. Accessing materials on the MIG Property by certain persons in certain countries may not be lawful, and MIG makes no representation that materials on the MIG Property are appropriate or available for use in locations outside the United States. If you choose to access the MIG Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
MIG’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and MIG nor any trade practices shall be deemed to modify these Terms.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.
If you have any questions about these Terms, please contact us.
Effective: June 23, 2024