Legal notice

1. Overview

Welcome to www.les.com (the “website” or “site”). Lincoln Electric System (“LES,” “the Company,” “we,” “us,” or “our”) operates and maintains this site for information and communication purposes. Please review the following Terms and Conditions that govern your use of our website. BY USING THIS WEBSITE, YOU WILL BE ACCEPTING THESE TERMS OF USE AND AGREE TO ABIDE AND BE BOUND BY THEM. PLEASE READ THEM CAREFULLY. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

2. Changes to terms

LES may, at any time, for any reason and without notice, make changes to (i) this website, including its look, feel, format and content, as well as (ii) the products and/or services as described in this website. Any modifications will take effect when posted to the website. Therefore, each time you access the website, you need to review the Terms of Use upon which access and use of this website is conditioned. By your continuing use of the website after changes are posted, you will be deemed to have accepted such changes.

3. Jurisdiction

The website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this website. LES makes no representation that the information, opinions, advice or other content on the website (collectively, “Content”) is appropriate or that its products and services are available outside of the United States. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

4. Scope of Use

Unless otherwise noted, all information, including, but not limited to, all text, images, graphics, photographs, video clips, designs, icons, data and other materials on the website are copyrights, trademarks, service marks or other intellectual property or proprietary rights owned by LES or a third-party owner. You may use the content only for limited, internal, personal, noncommercial, informational purposes. You may print a single copy of the content solely for those purposes, if the copy bears all copyright, trademark, service mark and other intellectual property and proprietary notices displayed on the Web page. You may not store, reverse engineer, or in any way exploit any of the content, in whole or in part, for any purpose. You may not use, reproduce, modify, transmit, distribute, or publicly display or operate this website without the prior written permission of LES. You may not use a part of this website on any other website without LES’ prior written consent. The systematic retrieval of data from the website also is prohibited. Under no circumstances will you obtain any rights, title or interest in the products, services, processes or technology described in the content. All of those rights are retained by LES and any third-party owners of those rights.

5. User email

Email submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before emailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any emails or materials through the website that: (i) are defamatory, threatening, obscene or harassing; (ii) contain a virus, worm, Trojan horse or any other harmful component; (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission; or (iv) otherwise violate any applicable laws. LES shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the website without the prior written consent of LES is strictly prohibited.

6. Copyrights and Trademarks

Except as expressly provided under the Scope of Use section, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this website without the prior written permission of LES. You may not use a part of this website on any other website, without LES’ prior written consent.
LES respects the intellectual property rights of others and expects our users to do the same. The policy of LES is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@les.com.
If you believe something on this site has infringed your intellectual property rights, please notify our agent and provide the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  4. Address, telephone number, and, if available, an email address where we may contact you.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The site’s copyright agent and contact information:

Shelley Sahling-Zart
General Counsel
Lincoln Electric System
P.O. Box 80869
Lincoln, NE 68501

7. Links

For your convenience, we may provide links to various other websites that may be of interest to you and for your convenience only. However, LES does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. This Terms of Use applies only to LES’ website and the products and services LES offers. If you decide to access any of the third-party sites linked to this website, you do so at your own risk. LES reserves the right to terminate any link or linking program at any time. LES disclaims all warranties, express and implied, as to the accuracy, validity and legality or otherwise of any materials or information contained on such sites.

You may not link to this website without LES’ written permission. If you are interested in linking to this website, please contact info@les.com.

8. No unlawful or prohibited use

As a condition of your use of the website, you warrant to LES that you will not use the website for any purpose that is unlawful or prohibited by these Terms of Use and notices. You may not use the website in any manner that could damage, disable, overburden or impair the site or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.

9. Spamming

Gathering email addresses from LES through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with LES should be directed to info@les.com.

10. No warranties

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY AND NON-INFRINGEMENT, ALL OF WHICH LES EXPRESSLY DISCLAIMS. LES DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE CONTENT, AND LES WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. LES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY LES. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Governing law, location and miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Nebraska, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

12. Separate agreements

You may have other agreements with LES. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with LES.

13. U.S. Resident

You represent that you are a U.S. resident.

14. No professional advice

The information available on the website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

15. Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any LES confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Nebraska, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

16. Limitation of liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. LES SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF LES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY LES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

17. Indemnity

You agree to defend, indemnify and hold LES, its officers, directors, employees, agents, licensors and suppliers, harmless from and against all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of this website or the placement or transmission of any message, information, software or other materials or content on or through the website by you or users of your User Account or related to any violation of these Terms of Use by you or users of your User Account.

18. Accounts and security

The website offers a variety of functions and services.

PLEASE NOTE: All online financial transactions involving your LES Account are external to www.les.com and are handled by a third party. LES does not collect and/or store Account Data, Cardholder Data or Sensitive Authentication Data through www.les.com that would subject LES to Payment Card Industry Data Security Standards (PCI DSS) and adherence to such standards is the responsibility of LES’ third-party agent processing any such online financial transactions.

LES does not warrant that the functions contained in the service provided by the website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, you will select a User ID and Password to establish your identity when you log in to use certain services. You may not select or use a User ID (i) subject to the rights of any other person without authorization, (ii) with the intent to impersonate another person, operate under an alias, or otherwise conceal your identity, (iii) that the website, in its sole discretion, deems inappropriate or offensive. You agree to:

  • Provide LES accurate, complete information when opening an LES Account.
  • Update your account information as necessary so it remains accurate and complete.
  • Be responsible for safeguarding and maintaining the confidentiality of your User ID and Password and agree to hold LES harmless from any claims resulting from improper use of your User ID and Password. You agree to be responsible for all acts or omissions with respect to use of your LES Account. Please notify LES immediately by emailing customerservice@les.com if you believe the security of User ID or Password has been compromised in any way.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at LES’ sole discretion, and you may be reported to appropriate law enforcement agencies.

Information collected from you on the website (including information about your company energy account and personal information) is subject to the LES Privacy Policy.

19. Services

The website offers electronic bill payment through a third party. PLEASE NOTE: All online financial transactions involving your LES Account are external to www.les.com and are handled by a third party. LES does not collect and/or store Account Data, Cardholder Data or Sensitive Authentication Data through www.les.com that would subject LES to Payment Card Industry Data Security Standards (PCI DSS) and adherence to such standards is the responsibility of LES’ third-party agent processing any such online financial transactions.

The website also offers information about energy-efficiency measures and energy conservation programs developed by or for LES that is available to the public.

The website may enable you to search for third-party businesses selling energy-related goods and services in certain geographical locations. LES IS NOT AFFILIATED WITH ANY THIRD PARTY SELLING ENERGY-RELATED GOODS OR PROVIDING SUCH SERVICES AND DOES NOT ENDORSE ANY SUCH BUSINESSES, GOODS OR SERVICES.

The website has areas intended for the use of children. These areas contain information about energy and safety that is presented and formatted for children, kindergarten to 10th grade. The website also includes free guides for teachers to use in the classroom.

LES may from time to time offer promotions, surveys or contests (collectively, “Promotions”) to its residential or business customers. All such Promotions will be accompanied and governed by rules established by LES. For further information about such Promotions, please consult the applicable rules posted with or linked to such Promotions.

The website will enable you to access certain outside services provided by third-party Web operators. In certain instances, the third-party content may be “framed” in such a way it appears you are still on LES’ website. In such cases, we will have agreements with those third parties whose websites you may be transferred to, under which the third parties agree to maintain the confidentiality of your personal information and to use it only to help us serve you.

20. Linking, framing, bots and spiders

LES links to websites or electronic services sponsored by third parties. LES is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply LES endorses or is affiliated with such third-party websites, services or third parties, or any services or products they offer. The submitting third parties, and not the Company, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content or other materials that such third parties express or make available.

The website may not be linked to in such a way that the pages of the website are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the website. The fact that a third party provides a link to the website will not in any way be or imply an endorsement, agency, joint venture or similar relationship between LES and any such third party.

No user or third party is authorized to use any software, bots, spiders or other information-gathering devices or programming routines to monitor, copy or otherwise “mine” information displayed on the website for display on or use with any website or service.

21. LES information systems disclaimer

LES’ computer system and the information contained within it is the property of LES and restricted to authorized users for official use only. This system shall be used in accordance with LES’ Policy 601, Information Systems Security. At any time and for any lawful purpose, LES may monitor, intercept, record and search any communications or data transiting or stored on this information system. At LES’ sole discretion, LES may disclose pertinent information to the U.S. Government and its authorized representatives to protect the security of critical infrastructure and key resources, ensure information security, or to comply with any applicable law, regulation, legal process or enforceable governmental request. Unauthorized access or misuse is a violation of applicable laws and regulations. Violators are subject to disciplinary action, and criminal and civil penalties. Continued use of this system indicates your awareness of and consent to these terms and conditions of use. Disconnect immediately if you do not agree to the conditions stated in this warning.

22. Other

You may direct any questions about these Terms of Use to: info@les.com.