Terms of Use

Welcome to this website, a service of Messer Cutting Systems, Inc. (“Messer”, “we” or “us”). Please read these Terms of Service (these “Terms”) before you use this website. By using this website, you agree to these Terms.

These Terms apply to the websites to which these Terms are posted.

Note: These Terms contain a binding arbitration provision that affects your rights under these Terms and are located below under the heading “Binding Arbitration.” YOU MAY ELECT TO OPT OUT OF ARBITRATION IN ACCORDANCE WITH THE TERMS OF THE BINDING ARBITRATION PROVISION BELOW.

Messer respects the privacy of the users of this website. To understand how Messer collects and uses information from this website, review the Messer Website Privacy Policy located at: https://us.messer-cutting.com/privacy-policy/ and the Data Privacy Framework located at: Data Privacy Framework.

You may access content and information on this website, such as text, video, audio, multimedia, and photographs (the “Content“). This Content may be owned by Messer, by other companies that give Messer the right to distribute their Content, or by other users of this website. Messer grants you a limited, non-exclusive, and non-assignable license to view the Content and to use this website for personal, non-commercial purposes as set forth in these Terms. Except for the limited licenses expressly granted to you in these Terms, Messer and its licensors expressly reserve all other rights and licenses.

This website is for informational purposes only, and we make no representations with respect to any Content. This website may not be updated regularly, so some information may not be current. We may post follow-up information to original Content such as blog posts and news stories, and may provide access to original Content in an archive. However, we may not go back and change original Content to reflect new developments. Therefore, before you act on any information you find on this website, you should independently confirm any facts important to your decision.

It is Messer’s practice not to receive or consider any user-submitted content, feedback, suggestions, ideas, or other submissions. Messer does not promise to keep your suggestions or ideas confidential, nor does Messer promise to use your suggestion or idea, and Messer will not compensate you if it does use your suggestion or idea.

If you believe that content on this website violates your copyright, please send us a notice of the violation using the following contact information:

Messer Cutting Systems, Inc.
Designated Agent – Joerg Toberna
W141 N9427 Fountain Blvd. Menomonee Falls, Wisconsin 53051
legal.us@messer-cutting.com
262-255-5520 attention marketing
262-255-5170 attention marketing

Your notice must include:

This website may include links to third-party sites not controlled, owned, or operated by Messer. Messer is not responsible for the content of any non-Messer sites that you may navigate to through links that appear on this website. Messer also does not guarantee the performance of any products and services provided by the owners or operators of sites that link to this website. A link to another website does not constitute Messer’s endorsement of that site, nor of any product, service, or other material offered on that site. 

You may establish hypertext links to this site so long as the links do not state or imply any affiliation, connection, sponsorship, or approval of you, your enterprise, or your site by Messer. We do not permit framing or inline linking to our website or any portion of it.

You may be able to order certain Messer products and services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.

We do not want anyone to be confused as to which materials and services are provided by Messer and which are not. The Messer trademarks displayed on this website are registered trademarks and/or service marks of Messer. Other trademarks appearing on this website or other Messer sites linked to from this website are the property of Messer or their respective owners.

Messer reserves the right at any time to terminate your use of this website if you fail to comply with these Terms, or any other terms, agreements, or policies that apply to this website. Messer also reserves the right to discontinue this website at any time for any reason.

BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THIS WEBSITE AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THIS INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” MESSER AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. MESSER AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL CONTINUOUSLY BE AVAILABLE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THESE EXCLUSIONS AND LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU.

A. FOR PURPOSES OF THIS LIMITATION
OF LIABILITY PROVISION, “MESSER” REFERS TO NOT ONLY MESSER, BUT ALSO ITS
PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, AND
EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS.

B. YOU WAIVE THE RIGHT TO ASSERT A
CLAIM AGAINST MESSER MORE THAN TWELVE (12) MONTHS AFTER THE FIRST EVENT OR FACT
THAT GIVES RISE TO THE CLAIM.

C. IN NO EVENT SHALL MESSER BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING OR RESULTING FROM
ANY INTERRUPTION IN OR DISRUPTION TO THIS WEBSITE. IN NO EVENT SHALL MESSER BE
LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS, OR
LOST BUSINESS OPPORTUNITIES), REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF
WHETHER SUCH DAMAGES WERE FORESEEABLE, AND REGARDLESS OF WHETHER MESSER WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MESSER’S
AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEB SITE EXCEED
THE LESSER OF: $100 OR THE AGGREGATE AMOUNTS PAID OR PAYABLE BY YOU TO MESSER
PURSUANT TO THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE
RISE TO THE CLAIM.

D. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS. BECAUSE THE LAW REGARDING LIMITATIONS OF LIABILITY VARIES BY STATE, THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Messer (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of these Terms. Notwithstanding the foregoing, Messer will not seek indemnification from you for any losses, expenses, claims, damages and costs, including reasonable attorneys’ fees, resulting from its own conduct. Messer reserves the right, at its election, to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Messer in connection with our defense.

a. Purpose. For users of this
website, any Dispute (as defined below in these Terms) involving you and Messer
shall be resolved through individual arbitration. In arbitration, there is no
judge or jury and there is less discovery and appellate review than in court.
This Binding Arbitration provision shall be broadly interpreted.

b. Definitions. The term
“Dispute” means any and all claims or controversies related to this
website, including but not limited to any and all: (1) claims for relief and
theories of liability, whether based in contract, tort, fraud, negligence,
statute, regulation, ordinance, or otherwise; (2) claims that arose before
these Terms or any prior agreement; (3) claims that arise after the expiration
or termination of these Terms; and (4) claims that are currently the subject of
purported class action litigation in which you are not a member of a certified
class. As used in this Binding Arbitration provision, “Messer” means Messer
and any of its predecessors, successors, assigns, parents, subsidiaries and
affiliated companies and each of their respective officers, directors,
employees and agents, and “you” means you and any users or beneficiaries of
your access to this website.

NOTWITHSTANDING THE FOREGOING,
DISPUTES RELATING TO THE SCOPE, VALIDITY, OR ENFORCEABILITY OF THIS BINDING
ARBITRATION PROVISION WILL NOT BE SUBJECT TO ARBITRATION.

c. Right to Sue in Small Claims
Court. Notwithstanding anything in this Binding Arbitration provision to the
contrary, either you or Messer may elect to bring an individual action in small
claims court if the claim is not aggregated with the claim of any other person
and if the amount in controversy is properly within the jurisdiction of the
small claims court.

d. Right to Opt Out. IF YOU DO NOT
WISH TO ARBITRATE DISPUTES, YOU MAY DECLINE TO HAVE YOUR DISPUTES WITH MESSER
ARBITRATED BY NOTIFYING MESSER IN WRITING WITHIN 30 DAYS OF YOUR FIRST ACCESS
TO OR USE OF THIS WEBSITE, BY MAIL TO W141 N9427 FOUNTAIN BLVD. MENOMONEE
FALLS, WISCONSIN 53051. YOUR WRITTEN NOTIFICATION TO MESSER MUST INCLUDE YOUR
NAME, ADDRESS AND ACCOUNT NUMBER (IF YOU ARE A MESSER SUBSCRIBER) OR TELEPHONE
NUMBER (IF YOU ARE NOT A MESSER SUBSCRIBER) AS WELL AS A CLEAR STATEMENT THAT
YOU DO NOT WISH TO RESOLVE DISPUTES WITH MESSER THROUGH ARBITRATION. YOUR
DECISION TO OPT OUT OF THIS BINDING ARBITRATION PROVISION WILL HAVE NO ADVERSE
EFFECT ON YOUR RELATIONSHIP WITH MESSER OR YOUR USE OF THIS WEBSITE OR SERVICES
PROVIDED BY MESSER. ANY OPT-OUTS SUBMITTED AFTER THIS PERIOD WILL NOT BE
CONSIDERED EFFECTIVE. IF YOU HAVE PREVIOUSLY OPTED OUT OF ARBITRATION WITH MESSER,
YOU DO NOT NEED TO DO SO AGAIN.

e. Initiation of Arbitration
Proceeding/Selection of Arbitrator. The party initiating the arbitration
proceeding may open a case with the American Arbitration Association (“AAA”) by
visiting its website (www.adr.org)
or calling its toll-free number (1-800-778-7879). You may deliver any required
or desired notice to Messer by mail to Messer at W141 N9427 Fountain Blvd.
Menomonee Falls, Wisconsin 53051.

f. Arbitration Procedures. This
Binding Arbitration provision shall be governed by the Federal Arbitration Act.
Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration
Rules (the “AAA Rules”) as modified by the version of this Binding Arbitration
provision that is in effect when you notify Messer about your Dispute. You can
obtain the AAA Rules from the AAA by visiting its website (www.adr.org) or
calling its toll-free number (1-800-778-7879). If there is a conflict between
this Binding Arbitration provision and the rest of these Terms, this Binding
Arbitration provision shall govern. If there is a conflict between this Binding
Arbitration provision and the AAA rules, this Binding Arbitration provision
shall govern. If the AAA will not administer a proceeding under this Binding
Arbitration provision as written, the parties shall agree on a substitute
arbitration organization. If the parties cannot agree, the parties shall
mutually petition a court of appropriate jurisdiction to appoint an arbitration
organization that will administer a proceeding under this Binding Arbitration
provision as written applying the AAA Consumer Arbitration Rules. A single
arbitrator will resolve the Dispute. Unless you and Messer agree otherwise, any
arbitration hearing will take place at a location convenient to you in the area
where you use this website; or, if you reside in a location outside of the area
where you use this website, then the arbitration hearing will take place at a
location convenient to you in the county where you reside. The arbitrator will
honor claims of privilege recognized by law and will take reasonable steps to
protect customer account information and other confidential or proprietary
information. The arbitrator shall issue a reasoned written decision that
explains the arbitrator’s essential findings and conclusions. The arbitrator’s
award may be entered in any court having jurisdiction over the parties only if
necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s
award that has been fully satisfied shall not be entered in any court.

g. Waiver of Class Actions and
Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON
BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF
OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS,
OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT
CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS
AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS BINDING ARBITRATION
PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS BINDING
ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS BINDING ARBITRATION PROVISION
AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.

h. Arbitration Fees and Costs. If
your claim seeks more than $75,000 in the aggregate, the payment of the AAA’s
fees and costs will be governed by the AAA rules. If your claims seek less than
$75,000 in the aggregate, the payment of the AAA’s fees and costs will be Messer’s
responsibility. However, if the arbitrator finds that your Dispute was
frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), the payment of the AAA’s fees
and costs shall be governed by the AAA Rules and you shall reimburse Messer for
all fees and costs that were your obligation to pay under the AAA Rules. You
may hire an attorney to represent you in arbitration. You are responsible for
your attorneys’ fees and additional costs and may only recover your attorneys’
fees and costs in the arbitration to the extent that you could in court if the
arbitration is decided in your favor. Notwithstanding anything in this Binding
Arbitration provision to the contrary, Messer will pay all fees and costs that
it is required by law to pay.

i. Continuation. This Binding Arbitration provision will survive the termination or expiration of these Terms.

WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY.

To obtain access to certain services
on our website, you may be required to register. As part of any such
registration process, you may be required to select a user name and a password.
You agree that the information you supply during that registration process will
be accurate and complete and that you will not register under the name of, nor
attempt to enter the service under the name of, another person. Messer reserves
the right to reject or terminate any user name that, in its judgment, it deems
offensive. You will be responsible for preserving the confidentiality of your
password and will notify us of any known or suspected unauthorized use of your
account.

The Terms constitute the entire
legal agreement between you and Messer and govern your use of this website, and
completely replace any prior agreements between you and Messer in relation to
this website.

Upon termination of these Terms for
any reason, Messer and its suppliers reserve the right to delete all your data,
files, electronic messages, or other information that is stored on Messer’s or
its suppliers’ servers or systems. Messer shall have no responsibility
whatsoever for the loss of any such data.

You agree that Messer may provide
you with notices, including those regarding changes to the Terms, by email,
regular mail, or postings on this website.

You agree that if Messer does not
exercise or enforce any contractual or legal right or remedy to which it is
entitled, this will not be taken to be a formal waiver of Messer’s rights and
that those rights or remedies will still be available to Messer.

You acknowledge and agree that each
member of the group of companies of which Messer is the parent shall be
third-party beneficiaries to the Terms and that these other companies shall be
entitled to directly enforce, and rely upon, any provision of the Terms which
confers a benefit on (or rights in favor of) them. Other than this, no other
person or entity shall be third-party beneficiaries to the Terms.

The Terms, and your relationship
with Messer under the Terms, shall be governed by the laws of the State of
Montana, without regard to its conflict of laws provisions. By using this
website, you consent to the exclusive jurisdiction and venue of the state and
federal courts in Montana, in all disputes arising out of or relating to the
Terms or this website that are not subject to the Binding Arbitration provision
above.

At certain places on this website
there may be additional or other terms and policies that apply to your use of
this website and the services on it. By using the website or those services,
you agree to abide by those terms and policies. We may change those terms and
policies from time to time. By continuing to use the website after we post any
changes, you accept and agree to those terms and policies, as modified.

By using this website, you agree to
abide by these Terms. We may change these Terms from time to time. By
continuing to use the website after we post any changes, you accept and agree
to these Terms as modified.

Effective Date: July 1, 2019