Terms & Conditions
Last updated May 18, 2022
- Entire Agreement. This Agreement, and all EWS policies referenced herein, constitute the entire and only agreement between EWS and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions which you include in any purchase order, confirmation of order or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on EWS only if agreed in writing by you and an authorized representative of EWS. This Agreement may be amended by EWS at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Use of the Site. By accessing the Site and/or ordering any product, you are agreeing to not use EWS’s services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.
- Verifying Your Address. EWS reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from EWS.
- Fraud. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be canceled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by EWS in its sole discretion.
- Copyrights and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 9, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting of information or materials on the Site, EWS does not waive any right in such information and materials.
- Product Information. We have made every effort to display as accurately as possible the details of our products that appear on the Site. Most products displayed on the Site are available in our retail store in the United States. In some cases, merchandise displayed for sale on the Site may not be available in store. The prices displayed on the Site when shipping to the United States are quoted in U.S. Dollars.
- Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, delete any information or content appearing on the Site, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any EWS content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of EWS, in any other manner that is likely to cause confusion among consumers, that disparages or discreates EWS and/or its licensors and vendors, that dilutes the strength of EWS, or that otherwise infringes EWS’s intellectual property rights.
- Protection of Intellectual Property. If you believe that any product purchased on the Site or any materials accessible on or from the Site have been copied in a way that constitutes copyright infringement, please notify us at firstname.lastname@example.org, and provide the following information ("Notice"):
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
- Identification of the material or products you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please note that this procedure is exclusively for notifying EWS that your copyrighted material has been infringed. Upon receipt of your notification, EWS will remove the infringing materials from the Site and may terminate a relationship with an allegedly offending customer but does not have the ability to collect or return allegedly infringing products.
Credit Card Payments. You represent and warrant that if you are purchasing something from EWS with a credit card that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. EWS does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order will be processed. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in EWS’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.
Title and Loss. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. EWS will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Links to Other Web Sites. The Site may contain links to other websites or media. EWS is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by EWS. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by EWS. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
Submissions. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to EWS (collectively, “Submissions”) shall be deemed and shall remain EWS’s sole property and shall not be subject to any obligation of confidence on EWS’s part. Without limiting the foregoing, EWS shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. EWS's return policy is a part of this Agreement. EWS does not accept returns of products that are not damaged or defective upon receipt. You are responsible for inspecting products promptly upon delivery.
- Order Modification/Rejection. EWS reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has been charged. You will be notified of any rejection or changes to your order at the email address you provided at check out. If your credit card has already been charged and any portion of your order is rejected, EWS will issue a credit to your credit card account for the amount rejected.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL EWS OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING EWS'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Disclaimer. EWS makes no representations about the reliability of the features of the Site, the EWS content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated and administered by EWS from within the United States. EWS makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
- Indemnity. You agree to defend, indemnify and hold EWS and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
- Notices and Electronic Communications. Except as explicitly stated otherwise, any notices you send to EWS shall be sent by mail to Eastern Welding Supply Co., Attn: Legal, 2453 Monticello Road, Somerset, KY 42501. In the case of notices EWS sends to you, you consent to receive notices and other communications by EWS posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that EWS provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
Applicable Law and Disputes; Arbitration. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Kentucky, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that any disputes directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of EWS products via easternweldingsupply.com) shall be resolved exclusively by final and binding arbitration taking place in Somerset, Kentucky under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding such Rules, however, such proceeding shall be governed by the laws of the state of Kentucky, U.S.A. Any award in any arbitration initiated hereunder shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of EWS products via easternweldingsupply.com) must be commenced within one (1) year after the claim or cause of action arises.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING ARBITRATION PROVISIONS.