WELD APP TERMS OF USE

TERMS OF USE

This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button during the registration or similar process to accept this Agreement, you represent that you have the full legal authority to enter this agreement AND be bound by the terms and conditions set forth or referenced below. If you do not agree to these terms and conditions, do not register for the App.

This Terms of Use Agreement (the "Agreement") for use of the Weld.com LLC mobile application (together with any associated software applications, database structures and queries, interfaces, tools, and the like), as revised, modified, and updated from time to time, (collectively, the "App") is between Weld.com LLC ("Weld.com," "we," "us," and "our") and the party ("you," "your") indicated during the account registration process (such process and the information provided during such process, as amended from time to time through your login to your account in the App in accordance with this Agreement, the "Registration").  The Registration and the terms of Weld.com LLC privacy policy for mobile application, as well as any other policies and relevant instruments are incorporated herein and made a part of this Agreement.

  1. Registration. You represent that the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information.
  2. License. Subject to the terms and conditions of this Agreement, Weld.com grants to you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term to use the App for your personal and non-commercial use only as specifically set forth in this Agreement. Weld.com reserves for itself and its licensors any rights not expressly granted in this Agreement. You acknowledge that we may issue updated versions of the App and that the updated version may be automatically deployed to your device. You consent to such automatic upgrading on your device and agree to timely upgrade the App in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all updates to and versions of the App.
  3. General Terms and Disclaimers Regarding Services.
    • Weld.com may through the App allow you access to certain information and services related to the welding industry. As more fully set forth herein, you understand and agree that the App is provided "AS-IS" and that Weld.com assumes no responsibility for the timeliness, efficiency, effectiveness, deletion, mis-delivery, or failure of any communication or services provided.
    • Neither the App, nor any of the content included therein, is intended to be the sole or primary means of making decisions for any purpose. As set forth more fully herein, Weld.com is not responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the App, and Weld.com shall not be responsible or liable for any decisions made based on such information.
  4. Your Responsibilities and Restrictions.
    • You may only create and hold one account for the App and our services for your personal use. You must be at least 16 years old create an account for use of the App. If you are a minor in the jurisdiction in which you reside, you must have the express permission of your parent or legal guardian to use the App, and your parent or legal guardian must read and agree to this Agreement prior to your using the App. Notwithstanding the foregoing, you are not authorized to use the App if you are under the age of 16.
    • To use the App, you must have a compatible device, and we do not warrant that the App will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the App. Use of the App requires Internet access or mobile data, which may be subject to additional fees or charges. You will be responsible for all fees and charges incurred with respect to accessing to the App.
    • You shall maintain and cause to be maintained the confidentiality of your user ID and password. You may not provide your account information to anyone else or allow anyone else to login to the App using your account information. You may not permit any other individual or company to use, access, or view the App. You must keep your password strictly confidential. You are responsible for all action conducted during a login to your account, whether or not authorized by you. You agree to immediately notify Weld.com of any unauthorized use of your account. If you are no longer authorized to have access to the App, you may not use the user ID and password. Except as otherwise required by applicable law, Weld.com shall have no obligation to monitor for or report any use or attempted use of your user ID. Weld.com reserves the right to refuse registration of or cancel passwords it deems inappropriate.
    • You shall not do, nor shall you authorize any person or entity to do, any of the following: (i) use the App for any purpose or in any manner not specifically authorized by this Agreement; (ii) make any copies or prints, or otherwise reproduce or print, any portion of the App, whether in printed or electronic format; (iii) distribute, republish, download, display, post, or transmit any portion of the App; (iv) create or recreate the source code for, or re-engineer, reverse engineer, decompile, or disassemble the App or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the App or any software, documentation or data related to the App; (v) modify, adapt, translate, or create derivative works from or based upon any part of the App, or combine or merge any part of the foregoing with or into any other software, document, or work; (vi) refer to or otherwise use any part of the App as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us; (vii) remove, erase, or tamper with any copyright, logo, or other proprietary or trademark notice printed or stamped on, affixed to, or encoded or recorded in the App, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (viii) fail to preserve all copyright and other proprietary notices in any copy of any portion of the App made by you or on your behalf; (ix) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the App without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (x) use the App to gain or attempt to gain access to any software applications, computer systems, or data not expressly authorized under this Agreement; (xi) use the App to store, receive, or distribute any information in violation of any applicable law or otherwise use the App to break or violate any applicable law, regulation, ordinance or guideline; (xii) diminish or infringe any intellectual property rights in and to the App or impair or interfere with any copyright protection mechanisms, copyright management information systems or digital identification devices employed in association with the foregoing; (xiii) cause the App to defame or infringe the rights of any other person, including intellectual property rights (for example, any patent, trademark, trade secret, copyright, or other proprietary rights) or rights of publicity or privacy; (xiv); promote, condone, or incite violence, dangerous acts, discrimination against individuals or groups based on race, ethnic origin, religion, disability, gender, age, nationality, veteran status, political affiliation, or sexual orientation/gender identity or any other protected characteristic, or threaten, harass, or bully any person or collect, store, receive, process, use, disclose, manipulate, track, or distribute any content or data that does any of the foregoing or is pornographic or obscene; (xv) impersonate any person or entity or generate fraudulent impressions of or fraudulent clicks on ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (xvi) act in a manner that is illegal, discriminatory, derogatory, hateful, abusive, racist, fraudulent, defamatory, libelous, obscene, unlawful, harassing, violent, or threatening; (xvii) collect, store, receive, process, use, disclose, manipulate, track or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (xviii) use any device, software, methodology, or routine to interfere with or disrupt the App or the servers or networks connected to the App by trespass or burdening network capacity; (xix) harvest, access, or collect information about other Weld.com users or customers; (xx) restrict or inhibit any other person from using the App, including without limitation by means of "hacking" or defacing any portion thereof; (xxi) "frame" or "mirror" any portion of the App including, but not limited to, any data or information contained therein; (xxii) use any robot, spider, other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy any portion of the App; (xxiii) process data on behalf of any third party; or (xiv) attempt to do or assist any party in attempting to do any of the foregoing. Although Weld.com has no obligation to monitor use of the App, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this Agreement.
    • The App may allow you to rate and post reviews and further post other information on the App (collectively, "Postings"). Such Postings shall be considered your Data (as defined below) and are governed by the terms and conditions of this Agreement. All Postings by You on and through the App are solely the responsibility of you and/or the person from whom such content originated. You hereby agree that through such Postings, you will not impersonate any person, or submit any Posting that is false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under this Agreement. In your Postings, you represent and warrant that you have the right to submit such Postings, that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to submit the Postings, or that you have express, verifiable permission from the author of the work prior to submitting the Postings. If you submit such Postings in any public area of the App, you also permit any user to access, display, and view such Postings. You agree to evaluate and bear all risk associated with the use of the Postings. Under no circumstances will you hold Weld.com liable for such Postings. You further acknowledge that Weld.com has no affirmative obligation to screen, review, or pre-approve such Postings, communications, or information in advance of said content, communications, or information prior to your submission of such Postings. Postings are not endorsed by Weld.com, and do not represent the views of Weld.com or of any affiliate or partner of Weld.com. Weld.com does not assume liability for any Losses (as defined below) resulting from any Postings. Any of the Postings that we determine violate this Agreement may be removed or excluded by us without notice. You acknowledge and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate, or otherwise unsuited to your purpose. Weld.com is not responsible for, and you hereby expressly release the Weld.com, its affiliates, and their respective directors, officers, employees, and agents from any and all liability for the action of any and all third parties on the App.
    • You agree that you will use the App only in a manner that complies with all applicable laws and that your use of the App is subject to all applicable laws and regulations. You further agree to access the App only from within the United States. The App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    • You agree to indemnify, defend, and hold harmless Weld.com, its licensors, their affiliates, and their respective officers, directors, employees, and agents from any Loss arising out of or related to use of the App or any services received thereunder. This obligation will survive your use of the App and termination of this Agreement. For purposes of this Agreement, "Loss" means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
  5. Ownership; Proprietary Rights; Third Parties.
    • Weld.com reserves the right, in its sole discretion, to edit or delete any documents, information, or other content appearing on the App. You acknowledge and agree that you do not acquire any ownership rights to the App through this Agreement or by use of the App. Weld.com and/or its licensors have and retain exclusive, valid, and non-contestable ownership of the App and all intellectual property and proprietary rights therein. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party license, if any, authorizing use of such code.
    • You may suggest improvements and/or communicate to Weld.com ideas, inventions, discoveries, or concepts ("Ideas") during the term of this Agreement, and you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of Weld.com and/or its licensors and may be used and sold, licensed, or otherwise provided by Weld.com and/or its licensors to third parties, or published or otherwise publicly disclosed, in Weld.com's and/or its licensors' sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Weld.com any and all of your right, title, and interest in and to any such Ideas.
    • If you have downloaded the App from the Apple, Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Weld.com only, not with Apple. As a condition for access to the App, you shall at all times comply with applicable Apple policies and other requirements. We, not Apple, are responsible for the App and the content of it. If you need any support with respect to the App, please contact us. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App.
    • If you have downloaded the App from the Google Play Store, you (i) you acknowledge that this Agreement is solely between you and Weld.com only, and not with Google, Inc. ("Google"); (ii) your use of the App must comply with Google's then-current Terms of Service and all other applicable requirements; (iii) Weld.com, and not Google, is solely responsible for its App; (iv) Google has no obligation or liability to you with respect to the App or this Agreement; and (v) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to the App.
  6. Usage Data; Your Data; Communications.
    • Weld.com shall have the right to collect and analyze data and other information relating to the provision, use and performance of the App and related systems and technologies ("Usage Data"), and you acknowledge and agree that Weld.com has and retains exclusive and valid ownership of all Usage Data. Weld.com will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the App and for other development, diagnostic and corrective purposes in connection with the App and other service offerings, (ii) disclose such data in aggregated or de-identified form in connection with its business, and (iii) otherwise use and disclose such data as permitted by applicable law and set forth in our privacy policy.
    • You grant to Weld.com a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to, during and after the term hereof, use, copy, encode, store, archive, distribute, transmit, translate, render into an audible and/or visual format, publicly-display, publicly-perform, and create derivative works from any information, content, materials, or other data, including information provided during Registration and any reviews, ratings, comments, or other data or content that you provide to us via the App ("Data"): (i) to the extent necessary for Weld.com to provide the App, perform our obligations under this Agreement, or perform our services; and (ii) in connection with the presentation, marketing, advertising, and/or promotion of the App or to attribute ratings or content to you; (iii) to compile analyses and statistical information from Data regarding usage or performance of the App and user engagement; (iv) provide, monitor, correct, enhance, and improve the App and perform services related thereto; (v) develop new products and accomplish other internal business purposes; (vi) de-identify Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data; (vii) aggregate Data with other data; and (viii) in perpetuity to use, reproduce, prepare derivative works of, and distribute such aggregated or de-identified data for any lawful purpose and to grant sublicenses for the foregoing. You represent and warrant that you own or have the legal right and authority and will continue to own or maintain the legal right and authority, to grant to Weld.com the license set forth herein. You are responsible for all of your Data, and you represent and warrant that your Data will not violate the terms of this Agreement, including the restrictions set forth in Section 4, above. If any of your Data violates this Agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (x) to change, delete or remove, in part or in full, any of your Data, (y) to terminate or suspend access to the App, and/or (z) to terminate or suspend your account, in each case, with or without notice. Weld.com will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Data. You shall indemnify, defend, and hold harmless Weld.com, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties. Weld.com will only use and disclose personal information as described in the Privacy Policy or required by law.
    • BY PROVIDING YOUR DATA VIA THE REGISTRATION AND APP, YOU AUTHORIZE WELD.COM, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AND CONTRACTORS (INCLUDING A CALL CENTER) TO INITIATE ELECTRONIC COMMUNICATIONS BY E-MAIL, TELEPHONE CALLS TO NUMBERS (INCLUDING TO CELLULAR PHONE) THAT ARE PROVIDED THROUGH THE APP OR AS PART OF THE REGISTRATION, AND TEXT MESSAGES TO CELLULAR PHONE NUMBERS THAT ARE PROVIDED THROUGH THE APP OR AS PART OF THE REGISTRATION TO PROVIDE ORDER UPDATES OR OTHER PURPOSES RELATED TO THE APP AND THE SERVICES PROVIDED BY WELD.COM. YOUR TELEPHONE CARRIER MAY CHARGE FOR THESE INCOMING CALLS OR MESSAGES. YOU CONSENT TO SUCH COMMUNICATIONS, WHICH MAY OCCUR BY USE OF AN AUTOMATIC TELEPHONE DIALING SYSTEM. TELEPHONE CALLS MAY BE RECORDED. STANDARD DATA AND MESSAGE RATES MAY APPLY FOR SMS AND MMS ALERTS, WHETHER YOU SEND OR RECEIVE SUCH MESSAGES, AND YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CHARGES. DO NOT SUBMIT YOUR INFORMATION IF YOU DO NOT CONSENT TO BEING CONTACTED BY TELEPHONE, TEXT, OR EMAIL.
  7. Privacy Policy. You acknowledge and agree that You have read and understood Weld.com's privacy policy for mobile application, which is available at Privacy Policy, and You consent to and authorize the processing, use, and disclosure of personal information as set forth therein. Notwithstanding anything to the contrary herein, You consent and Weld.com shall have the right to collect and analyze data and other information relating to the provision, use, and performance of the App and related systems and technologies, and Weld.com will be free (during and after the term hereof) to (a) use such information and data to improve and enhance the App and for other development, diagnostic, and corrective purposes in connection with the App and other service offerings, (b) disclose such data solely in aggregate or other de-identified form in connection with its business, and (c) use and/or disclose such data as otherwise set forth in the privacy policy.
  8. No Warranties; Risk Allocation.
    • THE APP AND ALL SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. WELD.COM, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, STATUTORY OR ORAL OR WRITTEN) WITH RESPECT TO THE APP OR ANY PART OF IT AND ANY SERVICES PROVIDED BY WELD.COM, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY, QUALITY, TRUTH, AND/OR RELIABILITY OF THE INFORMATION), OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WELD.COM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. WELD.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. WELD.COM DOES NOT WARRANT THAT THE APP OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
    • WELD.COM MAKES NO WARRANTY THAT (i) THE APP WILL MEET YOUR REQUIREMENTS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, ACCURATE OR RELIABLE. YOU WILL BE EXCLUSIVELY RESPONSIBLE AS BETWEEN THE PARTIES FOR, AND WELD.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO, (A) DETERMINING WHETHER THE APP WILL ACHIEVE THE RESULTS DESIRED BY YOU OR PROMISED BY WELD.COM; (B) ENSURING THE ACCURACY OF ANY OF DATA CONTAINED THEREIN; (C) SELECTING, PROCURING, INSTALLING, OPERATING, AND MAINTAINING THE TECHNICAL INFRASTRUCTURE (OTHER THAN WITH RESPECT TO THE HOSTING SERVICES) FOR YOUR ACCESS TO AND USE OF THE APP; AND (D) DECISIONS MADE, ACTIONS TAKEN, AND RESULTS EXPERIENCED WITH RESPECT TO USE OF THE APP.
    • ALL CONTENT PROVIDED BY OR THROUGH WELD.COM AND ITS AFFILIATES AND THE APP MUST BE VIEWED AND EVALUATED BY YOU TO ENSURE IT IS SUITABLE FOR YOUR PURPOSE. WELD.COM ENDEAVORS TO KEEP ALL CONTENT COMPLETE AND ACCURATE, BUT WELD.COM DOES NOT WARRANT ALL CONTENT TO BE FREE OF ERRORS OR THE MOST CURRENT VERSION OF APPLICABLE MATERIAL. CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
    • DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING NETWORKS, WELD.COM DOES NOT WARRANT THAT THE APP, OR ANY EQUIPMENT, SYSTEM, OR NETWORK ON WHICH IT IS USED OR ACCESSED, WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK THAT RESULTS IN YOUR INABILITY TO USE THE APP OR SERVICES OR THE UNAUTHORIZED ACCESS OR DISCLOSURE OR COMPROMISE OF YOUR INFORMATION.
    • WELD.COM CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT THE APP OR FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE APP FOR ANY RECONSTRUCTION OF ANY LOST DATA.
    • WELD.COM DOES NOT WARRANT THE OPERATION OR AVAILABILITY OF THE APP. HARDWARE OR SOFTWARE ISSUES MAY AT TIMES CAUSE THE APP TO SLOW DOWN OR FAIL TO FUNCTION PROPERLY. WELD.COM IS NOT LIABLE FOR ANY CONSEQUENCES OF THE APP NOT BEING FULLY OPERATIONAL OR AVAILABLE AND SHALL BE HELD HARMLESS FROM ANY CLAIMS OR DISPUTES ARISING FROM SUCH INOPERABILITY OR UNAVAILABILITY. YOU ACKNOWLEDGE THAT ANY DAMAGES RESULTING FROM LACK OF OPERABILITY OR AVAILABILITY ARE BORN SOLELY BY YOU.
    • NEITHER WELD.COM NOR ITS LICENSORS SHALL BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WELD.COM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
    • THE APP IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL WELD.COM'S OR ITS LICENSORS' AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE APP AND SERVICES), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED FIFTY US DOLLARS (USD 50.00). THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
    • The information presented on or through the App is made available solely for informational purposes. We use reasonable efforts to update the information on the App, and the contents of the App are subject to change without notice.
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, WELD.COM SHALL NOT BE LIABLE FOR ANY LOSS ARISING OUT OF OR RELATING TO (A) A FAILURE OF YOU TO COMPLY WITH THE OBLIGATIONS SET FORTH HEREIN; (B) YOUR USE OF THE APP; (C) YOUR RELIANCE ON THE APP OR YOUR DATA; (D) ANY ASPECT OF THE APP THAT IS MODIFIED BY ANY PERSON OTHER THAN WELD.COM OR ITS CONTRACTORS; (E) MALFUNCTIONS OR OTHER EFFECTS OF PROBLEMS, DEFECTS, OR FAILURES OF SOFTWARE OR HARDWARE NOT PROVIDED BY WELD.COM; OR (F) ACTS OR OMISSIONS OF USER OR ANY THIRD PARTY.
    • Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
    • YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE APP.
  9. Indemnification. Without limiting Section 4(g), you shall defend, indemnify, and hold harmless Weld.com, and its affiliates, and each of their respective managers, members, officers, employees, officers, directors and agents for all Losses arising from any third party claims, actions or demands, arising out of or relating to (a) any breach of this Agreement by you, (b) violation of the rights of a third party by you, or (c) otherwise in connection with your use of the App, including without limitation, claims by users, actions or demands alleging or resulting in your breach of the terms of this Agreement, actions involving your Data or other material you provide, and the use of your access credentials. Weld.com shall provide notice to you promptly of any claim, suit, or proceeding. You shall cooperate as fully as reasonably required in the defense of any claim. Weld.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without Weld.com's written consent
  10. Term and Termination; Subscription Fees.
    • This Agreement is effective upon your acceptance of it in the course of the Registration (the "Effective Date"), and it shall continue in effect until terminated in accordance with this section (the "Term").
    • You acknowledge that the App is provided free of charge, subject to the exceptions set forth herein, and Weld.com may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the App or closing your account. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the App or portions thereof, including but not limited to the App's features, look and feel, and functional elements and related services. Except for processes for paid features and services as set forth below, you may terminate this Agreement at any time by closing your account, uninstalling the App, and ceasing use of the App and our services. Upon termination of this Agreement for any reason or no reason, your access rights will terminate, and you must immediately cease all use of the App. If your account is terminated for any or no reason, you will forfeit any pending, current, or future account credits or promotional offers, and any other forms of unredeemed value in or associated with your account.
    • Certain features of the App and services are available for purchase through the App. The applicable fees are as set forth in the App or are otherwise made accessible by Weld.com. All prices, taxes, service charges, and other amounts are shown in US dollars. Weld.com may change fees for the App at any time; provided that Weld.com will provide notice of such a change to then current users of fee based features and services of the App.
    • You agree to pay for any paid service or subscription ordered through your account for the App. All subscriptions are billed on a recurring basis. Subscriptions automatically renew unless auto-renew is turned off at least before the end of the current subscription period. You agree that Weld.com will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and Weld.com is unable to charge you on the next billing period, we reserve the right to immediately terminate the subscription and/or this Agreement. You may cancel the subscription and terminate this Agreement any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the App from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. If you cancel a subscription, you may continue to use the free components of the App, provided this Agreement remains in effect.
    • Amounts due hereunder shall be paid in the manner established via the Registration or another subsequent process. Only valid credit cards or other payment method acceptable to Weld.com may be used. You represent and warrant that you are authorized to use the designated payment method, and you authorize Weld.com, through its third party payment processor, whose terms and conditions or similar structures may apply to such processes, to charge the designated payment method (including, as applicable, your app store account) all amounts described during the Registration or another process for your order (including taxes, service charges, and any other amounts). You agree that Weld.com may immediately authorize the credit card (or other approved facility, including your app store account) for payment for any order made under your account. If the card (or other payment method) cannot be verified, is invalid, or is otherwise not acceptable, the order may be suspended or cancelled automatically. You are responsible for all activities and charges that occur under your account, and your liability for such charges shall continue after termination of this Agreement. You agree to keep all payment cards or other payment method information current, and you agree that Weld.com may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. In the event of an error — whether on the App, in an order confirmation, in processing an order, or otherwise — Weld.com reserves the right to correct such error and to revise the order if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your use of Google Pay or Apple Pay or similar payment processes is subject to the terms and conditions and privacy policies of Google and Apple or other third party providers, respectively.
    • If Weld.com is required to collect or pay any taxes in connection with your purchase on the App or services, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of the App or services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
  11. Digital Millennium Copyright Act. Weld.com respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) 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; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: Weld.com at info@weld.com. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Weld.com has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
  12. Geographic Restrictions. The content and services for the App are based in the state of Florida in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of App outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you are responsible for compliance with local laws.
  13. Other Provisions.
    • This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. You may not assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
    • Except as otherwise expressly provided herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect.
    • The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
    • If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (i) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (ii) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (iii) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties' intent as manifested herein; and (iv) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this Agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
    • This Agreement shall be construed and enforced in accordance with the laws of the state of Florida (other than its conflicts of law provisions). We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App from a particular account, device and/or IP address.
    • The parties agree to use every reasonable effort to settle any dispute or disagreement between them relative to the Agreement or any transactions related thereto by amicable means and not to resort to legal action unless and until the parties, in good faith, have attempted to settle such dispute or disagreement in the foregoing manner. If no settlement is reached within twenty (20) days after provision of notice by a relevant party to the other party, any controversy or claim arising out of or relating to the Agreement or any transactions related thereto shall be submitted to and finally resolved by arbitration, with such arbitration to be held in a location determined in good faith by the parties, in accordance with applicable rules of the American Arbitration Association. Each party hereby irrevocably agrees that service of process, summons, notices and other communications related to the arbitration procedure shall be served as prescribed for herein. The arbitration shall be conducted by one (1) arbitrator, as selected by the parties. If the parties cannot agree on an arbitrator, each party shall select an arbitrator and the two (2) arbitrators shall select a third (3rd) arbitrator. Any award or decision rendered in such arbitration shall be final and binding on both parties, and judgment may be entered thereon in any court of competent jurisdiction if necessary. Each party shall pay any and all expenses incurred by such party in connection with such arbitration proceeding, unless otherwise determined by the arbitrator(s). The arbitration, including any statements of evidence, documents, awards, admissions or settlements made or obtained in its process shall remain confidential under the terms set forth in this Agreement for a period of five (5) years. Notwithstanding the foregoing, each party may seek injunctive relief against the other party with any court of proper jurisdiction with respect to any and all preliminary injunctive or restraining procedures pertaining to relevant aspects of the arrangement between the parties for which monetary damages would be insufficient.
    • Weld.com shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
    • Except as otherwise expressly provided herein, no modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby including by clicking a button when presented to accept such amendment.
    • You may contact us at com at info@weld.com or support@weld.com for any complaints or claims with respect to the App.