Welcome to Bernzomatic.com (the “Website”), a Worthington Enterprises (“Bernzomatic”, “we” or “us”) Website. The following terms, conditions, and notices ("Terms") apply to all visitors or users of this Website. By accessing or using the Website, you accept and agree to be bound by the Terms. If you do not agree to these Terms, please do not use the Website.
The Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Bernzomatic reserves the right to revise and update the Terms at any time and at its sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Website thereafter. The most current version of the Terms will supersede all previous versions. Your continued use of the Website following posting of revised Terms means that you accept and agree to the changes.
Access to the Website
Bernzomatic reserves the right to withdraw or amend the Website, and any service or Content (as defined below) provided on the Website. Bernzomatic will not be liable if for any reason all or any part of the Website is unavailable at any time for any reason. We reserve the right to deny or restrict access to all or part of the Website to anyone at any time for any reason. We may terminate, suspend or discontinue any aspect of the Website at any time, without notice or liability.
The Website, including, but not limited to, all information, software or HTML code, scripts, text, artwork, photography, images, video, and audio, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing (collectively, the "Content") are the sole property of Bernzomatic, its affiliates or licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws. All Content is provided as a service to users of the Website. Subject to the limited license set forth below, nothing contained in these Terms shall be construed as conferring any right, title or interest in the Content.
Upon your acceptance of these Terms, Bernzomatic grants you a limited, non-transferable, non-sublicensable, non-exclusive revocable license to access and use the Content in the United States for your personal, non-commercial use only. This license is subject to the following restrictions: (i) you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Website or any Content without the prior written permission of Bernzomatic; (ii) you may not permit any copying of the Content; and (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Website. Any unauthorized copying, alteration, distribution, transmission, performance or display of the Content is prohibited. Bernzomatic may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Bernzomatic.
You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt the operation of the Website in any way. You agree not to take any action that violates these Terms or otherwise restricts or limits any other person's ability to use or enjoy the Website or the Content, as determined by Bernzomatic in its sole discretion.
All trademarks, trade names, brand names, logos and images, service marks and trade dress displayed on the Website (collectively, "Marks") are the property of Bernzomatic or its affiliates or licensors. Bernzomatic, and its affiliates and licensors retain all rights regarding their respective Marks. Nothing contained in these Terms shall be construed as conferring any license to the use of any Marks. You are not permitted to use any Mark without the prior written consent of Bernzomatic.
The use of the Website address, Bernzomatic's trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher ranking from search engines is unfair competition, all of which are prohibited.
Linking to Other Websites
The Website may provide links to one or more websites or resources that are not under the control of, or maintained by, Bernzomatic ("Third Party Websites"). These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third Party Websites are not, and should not be viewed, as an endorsement by Bernzomatic of the Third Party Website or any content therein. Bernzomatic has no control over the content of Third Party Websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them, and hereby disclaims all liability related to them. If you decide to access any of the Third Party Websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Websites.
Linking to Social Media Features
The Website may provide certain social media features that enable you to:
- Link from your own or certain Third Party Websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain Third Party Websites.
You may use these features solely as they are provided by Bernzomatic and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Bernzomatic provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards for content set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Bernzomatic reserves the right to withdraw linking permission without notice. Bernzomatic may disable all or any social media features and any links at any time without notice in its discretion.
Material You Submit
You acknowledge that you are responsible for any material, data, information or other content you may submit or post to the Website (including any components of the Website administered by third parties, such as tools that allow you to post reviews and interact with the Website through Facebook and other social media platforms) (collectively, "Submissions," each, a "Submission"), including the legality, reliability, appropriateness, originality, copyright, and right to grant a license to use any such material. You must not upload to, distribute, or otherwise publish through the Website anything that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; infringing or misappropriating of third parties' intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, or similarly harmful software code, political campaigning, chain letters, mass mailings, commercial advertising, or any form of "spam." You may not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the Website.
You represent and warrant that you have the full right, power and authority to enter into, perform and comply with these Terms, and have secured all third party consents, licenses, waivers, and permissions necessary to enter into, perform and comply with these Terms, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the Submissions; that the Submissions are true, accurate, current and complete; that use of the Submissions do not violate these Terms and will not cause injury to any person or entity; and that you will indemnify Bernzomatic and its affiliates for all claims resulting from all Submissions. For the protection of all visitors to the Website, Bernzomatic reserves the right to review all Submissions, and to edit or delete, in whole or in part, any comment, photograph or other Submission; provided, however, that Bernzomatic is not obligated to do any of the foregoing. Bernzomatic reserves the right to take any action it reasonably deems necessary to cure or prevent a violation of the Terms, including without limitation, removal from the Website of any Submission; provided, however, that a failure by Bernzomatic to take any such action shall not be deemed a waiver of any such right.
Limitation of Liability
TO THE MAXIUMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BERNZOMATIC, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE OBTAINED IN CONNECTION WITH THE WEBSITE OR OTHER WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE OR IF BERNZOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). IN NO EVENT WILL BERNZOMATIC, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL BE LIABLE TO YOU FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE WEBSITE OR ITS CONTENT, NOR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES. In certain jurisdictions, some liabilities cannot be excluded or limited under applicable law. In such jurisdictions, the foregoing limitation of liability may not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.
Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT, AND RELATED SERVICES AND FEATURES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." BERNZOMATIC MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE WEBSITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE WEBSITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE WEBSITE OR ITS CONTENT. FURTHER, BERNZOMATIC DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE WEBSITE AND ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE WEBSITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK. BERNZOMATIC, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, ITS CONTENT, AND YOUR USE THEREOF.
You agree to indemnify and hold harmless Bernzomatic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or use of the Website, including, but not limited to: (i) any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from the Website; and (ii) all claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees), arising or resulting from that disruption.
Bernzomatic operates the Website from its offices within the State of Ohio and makes no representations as to the use of the Website outside the United States or compliance of the Website or its Terms with any applicable law. Bernzomatic makes no claims that the Website or its Content is legal for use outside the United States. If the Website is accessed outside the United States, you hereby acknowledge doing so on your own initiative, and are responsible for compliance with local laws.
Governing Law and Jurisdiction
The laws of the State of Ohio govern these Terms and your use of the Website, without giving effect to its conflict of laws provisions. By accessing the Website you agree to submit to the jurisdiction of the State of Ohio and agree that it shall serve as the exclusive venue for any disputes relating to the Website.
Notice of Copyright Infringement
If you believe the Content on the Website infringes upon your copyright rights, please forward the following information to the Copyright Agent, identified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Bernzomatic to locate the material;
- Information reasonably sufficient to permit Bernzomatic to contact you, such as an address, telephone number, and if available, an email address;
- A statement that you have 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; and
- 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 Copyright Agent for notice of copyright infringement on the Website and mailing address is as follows: Worthington Enterprises Legal Department, Attn: Tim Doney, 200 W. Old Wilson Bridge Rd.,
Columbus, OH 43085. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
Waiver and Severability
No waiver by Bernzomatic of any term or condition set forth in these Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bernzomatic to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remainder of the provisions will continue in full force and effect.
At its option, Bernzomatic may seek all remedies available to it in these Terms, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms and any additional instructions, guidelines or policies issued by Bernzomatic (including those posted on the Website).