Welcome to the web site or mobile app operated by Hobart Welding (“Hobart”, “we”, “our”, or “us”). Hobart is a division of Miller Electric Mfg. LLC, which is a subsidiary of Illinois Tool Works Inc. (“ITW”). This web site or mobile app (the "Web Site") provides general information about Hobart and its products free of charge to users in the United States and Canada.
Overview: The Web Site has been created solely for the purpose of providing information about Hobart, and includes information about Hobart’s products and services, news, press releases, awards, history, and other information.
Copyright Restriction/Use of Content: The entire contents of the Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof, all of which are proprietary to Hobart or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Hobart. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of Hobart, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you,but remain with Hobart or the applicable owner of such content. Except as expressly authorized by Hobart in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, (ii) access to the Web Site, or (iii) use of the Web Site or of any services or materials available through the Web Site.
Use Of The Hobart Web Site: You agree to use the Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any material that is, in Hobart’s sole discretion, defamatory, indecent, obscene, harassing, violent, vulgar, inappropriate, or objectionable, or material that is not related to Hobart’s products, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post "spam," transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by Hobart, may harm Hobart or users of the Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Hobart, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Hobart. Hobart cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. Hobart will not be liable for any errors or omissions in such content. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Hobart, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to Hobart the right to use all content you upload or otherwise transmit to the Web Site in any manner Hobart chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Hobart reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Hobart, in its sole discretion, deems inconsistent with its policies and procedures with respect to the relevant online forum, including any material Hobart has been notified, or has reason to believe, constitutes a copyright infringement; and any material that is not related to the relevant discussion or chat forum; (2) terminate any user's access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you. However, Hobart can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Hobart assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Hobart reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, Hobart has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.
Trademarks: The term "HOBART" is a trademark and the HOBART logo and all related product and service names, designs and slogans are Hobart trademarks. You may not use such marks without prior written permission from Hobart. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Dealings with Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through the Web Site, you acknowledge and agree that Hobart is 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. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Hobart will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such distributor or merchant on the Web Site.
Disclaimer: You assume all responsibility and risk for the use of the Web Site. Hobart does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the "Site Content"). Any of the Site Content may include technical inaccuracies or typographical errors. Hobart has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Hobart or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Hobart equipment or any other information related to safety that may be available on through the Web Site. To the extent permitted by law, Hobart disclaims any liability for injury or damages resulting from the use of thereof.
Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you and do not apply to residents of Quebec, Canada. THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE (EXCEPT TO THE EXTENT THE PRODUCTS OR SERVICES ARE COVERED BY A WARRANTY IN HOBART’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. INFORMATION PUBLISHED ON THE WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL HOBART DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. HOBART DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER HOBART, NOR ANY PERSON ASSOCIATED WITH HOBART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER HOBART, OR ANYONE ASSOCIATED WITH HOBART, WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HOBART DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some Site Content is intended only to assist you with financial decisions and is broad in scope and does not consider your individual situation. Your individual situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should obtain additional information and advice of your financial advisors and other advisors who are fully aware of your individual circumstances.
The following Limitation of Liability section does not apply to residents of Quebec, Canada.
Limitation of Liability: Hobart shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the Web Site. Hobart assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing on the Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL HOBART, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY HOBART AND WHETHER OR NOT HOBART HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.
Customer Assistance Policy: The business of Hobart is manufacturing and selling high quality welding equipment. Hobart strives to meet the needs of its customers and to exceed its customers’ expectations. On occasion, purchasers may ask Hobart for advice or information about their use of its products. Hobart responds to its customers based on the best information in its possession at that time. Hobart is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Hobart expressly disclaims any warranty of any kind, including any warranty of fitness for any customer's particular purpose, with respect to such information or advice. As a matter of practical consideration, Hobart also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of its products. Hobart is responsive to manufacturers, but the selection and use of specific products sold by Hobart is solely within the control of, and remains the sole responsibility of, the customer. Many variables beyond the control of Hobart affect the results obtained in applying these types of fabrication methods and service requirements. This section does not apply to residents of Quebec, Canada.
- You are at least eighteen (18) years of age and are legally considered an adult in the state or country where you reside;
- You own all copyright in the UGC, including the rights to any photograph, image or clip within your UGC;
- The UGC is your own original creation (i.e., not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
- The UGC does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
- The UGC does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Hobart;
- The UGC does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
- The UGC does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of Hobart;
- The UGC does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with Hobart’s systems, programs, data, or platforms;
- Your upload or post of the UGC does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the UGC;
By submitting UGC, you hereby grant to Hobart and its related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your UGC in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.
Whether we choose to use the UGC or not is solely our choice. We have no obligation to use the UGC and we may remove or stop using any UGC at any time, for any reason. Use of the UGC does not imply our endorsement of or any affiliation with you.
You also permit any other users of the Services to access, view, store, re-post, or reproduce your UGC for that user’s personal, non-commercial use. The Licensed Parties will not be required to treat any UGC as confidential, and you grant to the Licensed Parties the right to edit, copy, modify, display, publish and distribute any UGC made available via the Services by you, without compensation to you or any other party submitting the UGC for you. Notwithstanding the right and license, you understand that by merely permitting your UGC to appear on the Services, the Licensed Parties are not publishers of such UGC and are merely functioning as intermediaries to enable you to provide and display UGC. Moreover, the Licensed Parties do not make any representation with respect to, nor do they endorse the accuracy, completeness, timeliness, or reliability of, any UGC displayed, uploaded, linked-to, or distributed by you or any other user.
If you have a material connection to Hobart (such as an employee, agency, sponsored blogger/brand ambassador, compensated influencer, etc.), please be sure to let people know that when you post.
You agree that by using the Services, you are prohibited from and agree you will not post or transmit any of the following:
- anything that interferes with or disrupts the Services or operation of the Services;
- anything that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
- unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
- anything that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- anything that harms minors;
- anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
- files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services.
View User Generated Permission to Use in Advertising
Links to Third Party Web Sites: The Web Site contains links to third party sites. These are provided for the convenience of Hobart’s customers and Hobart makes no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Neither Hobart, nor its affiliates, shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site.
Linking to the Hobart Web Site: Linking to the Web Site from a third-party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Hobart’s endorsement of the linked site. Hobart reserves the right to specifically revoke consent to link to the Web Site if Hobart determines in its sole discretion that the web site containing the link does not meet Hobart’s aesthetic or other standards.
Worldwide Notice: Hobart offers services and products in many parts of the world. The Web Site may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Hobart intends to offer such service or products in all countries. The Web Site is subject only to jurisdiction of the U.S. courts, except as stated below. Hobart makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- 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 copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Hobart to locate the material;
- Information reasonably sufficient to permit Hobart to contact you, such as an address, telephone number, and, if available, an electronic mail 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, including the law of fair use; 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.
You may direct copyright infringement notifications to our DMCA Agent as follows at:
For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Hobart using the information in the “Contact” section below.
Last Updated: March 2023, at Hobart Welding, 1635 W Spencer St, Appleton WI 54912