Terms Of Use

 The following terms and conditions of use (the "Terms of Use") govern your use of www.hypertherm.com, which shall include, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (the "Site") as provided by Hypertherm, Inc. (“Hypertherm”) (Hypertherm is also referred to herein as "we", “us”, and “our”).  “Terms of Use” shall also include the Site Privacy Policy.  We may change these Terms of Use from time to time and at any time without notice to you, by posting such changes on the Site.  By using the Site, you accept and agree to these Terms of Use, and by using the Site following any modifications to these Terms of Use, you agree to be bound by any such modifications to these Terms of Use.  If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

Age Requirement for Use of Site.
  The Site is only intended for use by of persons who are 18 years of age or older.

Proprietary Rights.
 Hypertherm is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and is (unless otherwise indicated) the copyright owner or licensee of the Site, the information, content, images, graphics, text, manuals, bulletins, materials and other items appearing on the Site (the "Materials"), the selection, compilation, arrangement and presentation of all such Materials, and the overall design of the Site.  (insert service marks and trademarks), and the following logos: (insert logos), are trade marks of Hypertherm.  All other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners.  We do not grant you or any other user any license to our trademarks, service marks, other copyrightable material or any other intellectual property (including, without limitation, the Materials) by including them on the Site or by allowing you to access the Site.  Any commercial use of the Site not authorized by us is strictly prohibited.  The Site and the Material is for your personal use any and you must not reproduce, republish, transmit (including broadcast), distribute, adapt, link to or use, copy, download or save any of the Material on the Site, except as permitted by the Site or by Hypertherm or the relevant owner.  You may, however, print one (1) copy of the information on the Site solely for your internal or personal use, research, study or records; provided (a) you do not modify the Material from how it appears on the Site unless authorized by Hypertherm or the relevant owner of the Material and then only in accordance with any conditions that may be imposed; (b) you ensure the notation appropriate copyright designation appears on any Material you print; and (c) you do not seek to exercise, assert, or represent in any manner any rights in the Material.  

  The information provided on this site about Hypertherm and our products is (except for applicable product manuals and field service bulletins as discussed below) for general informational, educational and guidance purposes.  While Hypertherm has endeavored to ensure that the Materials are correct and current at the time of publication, the Site and all Materials provided therein are provided “as-is” without warranty of any kind, either express or implied.  Without limiting the foregoing, neither Hypertherm nor any other party involved in creating, producing, maintaining or delivering the Site makes any representation or warranty regarding the accuracy, completeness or currency of the Site or the Material, that the Site will meet user requirements, that access to the Site will be uninterrupted, that the Site or the server which transmits Material to you is free from defects, worms, viruses or other harmful components, or that any such defects or errors will be corrected.  It is your responsibility to ascertain whether the Materials downloaded from the Site are free of viruses, worms or other harmful components.  You assume full responsibility and all risks arising from use of the Site.  We are not responsible for any errors, omissions or defects in the Material.  If you are dissatisfied with the Site, your sole remedy is to discontinue the Site.

With respect to any Hypertherm product, you should refer to the applicable operator, service, or instruction manuals for a complete description of instructions, care, intended use and cautions.  Manuals and field service bulletins available on this Site may contain instructions for service that should be performed only by a qualified, and in some cases, a licensed technician.  In addition, operation or service of any plasma cutting equipment must be done in a safe manner and by individuals properly trained on using the applicable equipment.  Damage due to improper installation, modification of the system or equipment, or from the use of parts other than genuine Hypertherm parts is not covered by the Hypertherm warranty.  For more information on the Hypertherm warranty, read the warranty section of the operator, service, or instruction manual for the applicable product.

By downloading a Hypertherm manual or field Service bulletin, you are agreeing to read and follow the guidelines therein (including, without limitation, the guidelines in the warranty and safety sections of the manual, and in any safety warnings otherwise contained within the manuals or field service bulletins).

 You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site ("Linked Sites").  Links to Linked Sites do not constitute an endorsement by, approval of or association with us of such sites or the content, products, services, advertising or other materials offered or presented on such sites.  We do not author, edit, or monitor these Linked Sites.  You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.  Without limiting the foregoing, if you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through this Site, you acknowledge and agree that Hypertherm is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant.

Communications with Us. 
All communications you send to us or the Site (including, without limitation, through the Site, by electronic mail or by other means) are on a non-confidential basis and shall be the exclusive property of Hypertherm.  Except as set forth in the Privacy Policy, Hypertherm is under no obligation to refrain from reproducing, publishing or otherwise using the content of any such communications for any purpose without obligation to you.  You are responsible for the content of any communications sent to us or the Site, including, without limitation, the veracity and accuracy of such content.

Product Availability. 
The Materials may describe or refer to products and service which are not available in your market or which have not been approved by the applicable regulatory agencies in your country.  Accordingly, please consult an authorized Hypertherm representative to determine which products and services may be available to you.

Access to Hypertherm Xnet (the “Extranet”) requires a login and password. Those pages are confined to the Extranet, and provide access to secure services we provide our customers.  If you have set up a Extranet account, for security purposes, we recommend that you change your Extranet password regularly, commit it to memory and avoid writing your password down. By agreeing to use the Extranet, you are authorizing us to act on instructions received under your password, and we are entitled to act on such instructions (including, without limitation, fulfilling purchase orders made under your password/Extranet account).  You are responsible for keeping your password and data confidential. Please do not disclose your password to anyone.  Notify us at once if you believe another person has improperly obtained your online password, if you believe someone has ordered or changed an order without your permission, or if you suspect any fraudulent activity on your Extranet account. 

Limitation on Liability/Indemnity.
  To the extent permitted by law, in no event shall Hypertherm be liable or responsible for any loss or damage (including any indirect, incidental, special, punitive or consequential loss or damage) resulting from your use of or reliance upon the Site and/or Material, your inability to use the Site or your  handling or sharing of passwords leading to unauthorized access to accounts or unauthorized orders.  You agree to defend, indemnify and hold Hypertherm and its parents, subsidiaries and affiliates, and their respective shareholders, owners, directors, officers, employees, agents and contractors, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site.  For the purpose of this section, “Hypertherm” shall include Hypertherm, Inc. and parent, subsidiary and affiliated companies, and their respective officers, employees, agents, partners, associates, consultants, suppliers, distributors, contractors, agents  and other representatives.

  We (or our vendors) control and operate the Site from the United States.  We do not represent that Materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  These Terms of Use and your use of the Site shall be governed by the laws of the State of Maine, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under these Terms of Use or from your use of the Site shall be commenced and be heard in the appropriate court in the Portland, Maine.  You agree to submit to the personal and exclusive jurisdiction of the courts located within Concord, New Hampshire.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms or Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  Any rights not expressly granted herein are reserved.  This is the entire agreement between you and Hypertherm relating to these Terms of Use and these Terms of Use may only be modified by Hypertherm as set forth above or by writing signed by you and Hypertherm.

If you have any questions regarding these Terms of Use, please contact us by e-mail at webmaster@hypertherm.com, by phone at 603-643-3441, or by regular mail at:
Hypertherm, Inc.
Etna Road, P.O. Box 5010
Hanover, NH 03755

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