Introduction

Welcome to AOCWeldingSupply.com. This Site is provided by Acetylene Oxygen Company (referred to throughout this Site as "AOCWeldingSupply.com") as a service to our customers. Please review the following basic rules that govern your use of the AOCWeldingSupply.com site. Please note that your use of the AOCWeldingSupply.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms of Use, your use of this Site still binds you to these Terms of Use. AOCWeldingSupply.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Site.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. AOCWeldingSupply.com does not knowingly collect personal information about children under the age of 13 without prior parental consent. Children under the age of 13 may not use this Site other than for browsing, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

Please note that certain orders constitute improper use of AOCWeldingSupply.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of AOCWeldingSupply.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply AOCWeldingSupply.com’s endorsement, sponsorship or recommendation of the third party, its information, products or services. AOCWeldingSupply.com is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk. Also, if you decide to link to a third party site FROM THIS SITE, please be aware that your use of the third party site will be governed by such third party's terms and policies, including any policies regarding the COLLECTION, USE AND DISCLOSURE of your personal information. It is your responsibility to review any such terms and policies before using any third party site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. AOCWeldingSupply.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from AOCWeldingSupply.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator or Microsoft Explorer).

Order Acceptance

Please note that certain orders constitute improper use of AOCWeldingSupply.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For some orders, we will not charge you until we ship your order. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. 

AOC will ship to an address other than your credit card's billing address.  HOWEVER, all orders that are shipping to an address other than the credit card billing address are subject to further proof of identity requirements.  AOC reserves the right to request a faxed copy of your government issued driver's license AND a faxed copy of your physical credit card.   All orders shipping to an address other than your billing address are subject to hold, pending identity verification.  AOC will never ask you to email proof-of-identity

Pricing and Content Information

While AOCWeldingSupply.com strives to provide accurate pricing information, pricing or typographical errors may occur. AOCWeldingSupply.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, AOCWeldingSupply.com shall have the right, at AOCWeldingSupply.com’s sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, AOCWeldingSupply.com may, at AOCWeldingSupply.com’s discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We do our best to provide you with great values on the Site as well as in our stores. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Our stores do not honor Internet pricing or competitor advertisements from outside of a store's local trade territory.

AOCWeldingSupply.com may price match with other online or offline retailer. We strive to maintain highly competitive prices and review them regularly in order to serve you with great values, every day.

Customers employing mobile devices to browse the Site may encounter pricing or availability information that is either outdated or inaccurate. Accordingly, pricing and availability remain subject to confirmation at checkout for mobile users.

Merchandise Content: AOCWeldingSupply.com attempts to be accurate in its product descriptions. However, AOCWeldingSupply.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. If you find a product is not as described, your sole remedy is to return it in unused condition.

Objectionable Content: You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that AOCWeldingSupply.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Quantity Limits and Dealer Sales

AOCWeldingSupply.com reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of AOCWeldingSupply.com and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. AOCWeldingSupply.com also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from AOCWeldingSupply.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Export Policy

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AOCWeldingSupply.com, one of its affiliates or by third parties who have licensed their materials to AOCWeldingSupply.com and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of AOCWeldingSupply.com and is also protected by U.S. and international copyright laws.

AOCWeldingSupply.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of AOCWeldingSupply.com’s or any third party's intellectual property rights.

The AOCWeldingSupply.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Acetylene Oxygen Company. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Colors

We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless AOCWeldingSupply.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any breach by you of these Terms of Use.

Termination

These Terms of Use are effective unless and until terminated by either you or AOCWeldingSupply.com. You may terminate these Terms of Use at any time, provided that you discontinue any further use of this Site. AOCWeldingSupply.com also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in AOCWeldingSupply.com’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or AOCWeldingSupply.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. The following sections shall survive any termination of these Terms of Use: "Comments," "Site Security," "Pricing and Content Information," "Quantity Limits and Dealer Sales," "Export Policy," "Copyrights and Trademarks," " User Reviews, Feedback and Submissions," "Indemnification," "Termination," "Disclaimer" "Limitation of Liability,","Privacy" and "General."

Disclaimer

THIS SITE IS PROVIDED BY AOCWELDINGSUPPLY.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. AOCWELDINGSUPPLY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AOCWELDINGSUPPLY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AOCWELDINGSUPPLY.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE AOCWELDINGSUPPLY.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION ACCESSED THROUGH THIS WEBSITE IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER. AOCWELDINGSUPPLY.COM ASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY AOCWELDINGSUPPLY.COM.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL AOCWELDINGSUPPLY.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE AOCWELDINGSUPPLY.COM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AOCWELDINGSUPPLY.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AOCWELDINGSUPPLY.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Privacy

You acknowledge that any personal information that you provide through this Site will be used by AOCWeldingSupply.com in accordance with AOCWeldingSupply.com’s Privacy Policy. If you purchase an item on AOCWeldingSupply.com sold by one of our vendors, AOCWeldingSupply.com shares certain information with that Vendor to permit the Vendor to fulfill and ship your order, process returns and provide customer service. AOCWeldingSupply.com requires Vendors to keep your information secure and use it only in accordance with the Vendor Privacy Policy.

Guest Checkout

Guest Checkout is a feature on AOCWeldingSupply.com that allows you to make purchases from our site without creating or using an account. While using Guest Checkout, you will be required to enter the following information: First and last name, billing and shipping addresses, telephone number, credit card information and an email address where we can send order and shipping notifications. This information will not be saved on our site and you will have to re-enter it every time you use Guest Checkout.

General

These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. The failure of AOCWeldingSupply.com to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit AOCWeldingSupply.com’s rights with respect to such breach or any subsequent breaches. These Terms of Use shall be governed by and construed under Texas law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms of Use or your use of this Site must be brought in the state or federal courts of Texas and you consent to the exclusive personal jurisdiction of such courts.