Terms of Use

Formation of Agreement. This Website is provided by Linde North America, Inc. (“Linde”), and is intended to be used by our customers only, primarily for informational purposes and for ordering product. This Website is offered to you, as a customer, conditioned on your acceptance, without modification, of the terms and conditions set forth below. By using the Website or downloading materials from the site, you (i) represent and warrant to Linde that you have carefully read and that you understand these Terms of Use; and (ii) agree to be legally bound by the these Terms of Use. If you do not want to be legally bound by these Terms of Use, then do not use this Website in any manner. By accepting the Terms of Use, you specifically agree not to do any of the following:

(i) communicate to Linde or upload to or transmit on this Website any defamatory, indecent, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner;
(ii) use this Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
(iii) intercept or attempt to intercept electronic mail not intended for you;
(iv) misrepresent an affiliation with any person or organization;
(v) upload to or transmit on this Website any advertisements or solicitations of business;
(vi) restrict or inhibit use of this Website by others;
(vii) upload or otherwise transmit files that contain a virus or corrupted data;
(viii) collect information about others (including e-mail addresses) without their consent;
(ix) 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 this Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on this Website);
(x) post “spam,” transmit chain letters, or engage in other similar activities; or
(xi) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Website, or which, as determined by Linde, may harm Linde or users of this Website or expose them to liability.

Limited License. Subject to the terms and conditions set forth in this Agreement, Linde grants you a revocable, non-exclusive, non-transferable, limited right to access, use and display this Website. You shall not interrupt or attempt to interrupt the operation of this Website in any way. For purposes of these terms, conditions, and restrictions, other communication media employed in conjunction with use of this Website, including telephone and video augmentation, are part of this Website, and the information provided in such other communication media is deemed to be information presented on this Website. This Website is intended for our customers only. It is not intended for use by any natural person under 18 years of age, and no license to use this Website is granted to such persons. Linde authorizes you to view and download the information ("Materials") at this Website only for your use if you are at least 18 years of age. This authorization is not a transfer of title in the Materials, and is subject to the following restrictions: (i) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; (ii) you shall not modify the Materials in any way or reproduce or publicly display, perform, or distribute, or otherwise use them for any public or commercial purpose without the express written consent of Linde; and (iii) you shall not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. You shall abide by all additional restrictions displayed on the Website as it is updated from time to time. This Website, including all Materials, is copyrighted and protected by trademark laws, worldwide copyright laws, and all relevant treaty provisions. You shall comply with all trademark and copyright laws worldwide in your use of this Website and to prevent any unauthorized copying or use of the Materials.

Intellectual Property Rights. The registered and non-registered trademarks and copyrights of Linde, and all data, software, text, typefaces, graphics, logos, button icons, images, interfaces audio clips, designs, illustrations, configurations, displays, screens, concepts, and other materials and information appearing on, displayed in connection with, embodied in, or contained within or relating to this Website (such as the selection and arrangement of materials and the "look and feel" thereof) (collectively, "Linde IP"), are the exclusive property of Linde and its third party licensors, and are protected by applicable laws. Any use not expressly authorized in writing by Linde, including the reproduction, modification, distribution, transmission, republication, display, removal, or deletion of the Linde IP on this Website, in whole or in part, is strictly prohibited. Nothing in this Website may be construed as conferring upon you, in any manner, whether by implication, estoppel, or otherwise, any license, title, or ownership of or to any Linde IP. You shall not upload, post, reproduce, copy, translate, alter, modify, create derivative works of, or distribute, in any way, Linde IP, without obtaining prior written permission from Linde. You shall not use any Linde IP that is made available on or through this Website in connection with any product or service that is different than the product or service with which it is related to on this Website, or in any manner that is likely to cause confusion among customers, or disparages or discredits Linde or a third party or diminishes the value of the Linde IP. You acknowledge that the Linde IP: (i) has been developed and prepared by Linde and its third party licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, money, and effort; (ii) contains trade secrets of Linde and its third party licensors; (iii) is protected by applicable Laws; and (iv) constitutes valuable property of Linde and its third party licensors. You further agree that unauthorized copies or disclosure of Linde IP will cause great damage to Linde and its third party licensors, which damage far exceeds the value of the information involved.

Nature of the Information. Linde provides to you the information contained in this Website as a convenience for its customers. In some cases, the information is provided by outside sources. Linde makes this Website available upon the condition that you: (i) shall make your own determination as to the suitability of information contained in this Website before use; and (ii) have the proper qualifications or expertise to properly evaluate and use that information. Linde does not intend to offer any legal or tax advice by the information presented on this Website. Although Linde has attempted to make all information accurate at the time it is posted to this Website, Linde does not represent or warrant the completeness or accuracy of any information, or that the information will be updated. Linde does not make any representation that the information contained on this Website is appropriate or available for use in all countries. Therefore, access to information from places where this Website's contents are illegal is strictly prohibited. Your local Linde contact can assist you with the availability of our products and services. Linde reserves the right, at its sole discretion, to change, modify, add, or remove any information or content of this Website, in whole or in part, at any time. Changes in this Website will be effective immediately. Your continued use of the Website after any changes will be considered acceptance of those changes. Linde may: (i) terminate, change, suspend, or discontinue any aspect of this Website, including the availability of any features of the Site, at any time; and (ii) impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. Linde may terminate the authorization, rights, and license given above and, upon such termination, you shall immediately destroy all Materials, and any copies that you have in your possession or have copied from this Website.

User Information. Any information or material sent through this Website to Linde will be deemed not to be confidential or proprietary (except that personal data shall be governed by our privacy statement), unless sent pursuant to a separate written confidentiality agreement duly executed by Linde. By sending to Linde any copyrighted, confidential, or proprietary information without a confidentiality agreement, you: (i) agree to transfer ownership of such information, including any copyright, to Linde without further compensation; (ii) have automatically granted to Linde, without further agreement or compensation, an unrestricted, irrevocable license to use, reproduce, display, modify, transmit, and distribute such information; and (iii) agree that Linde is free to use such information, including any ideas, concepts, know-how or techniques, for any purpose.

Comments and Submissions. Anything that you submit to Linde or post on publicly available portions of this Website is non-confidential for all purposes and will not be held in confidence. Linde does not want to receive confidential or proprietary information from any user through this Websites. Should you provide Linde or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Website, then Linde may deem the information to be nonproprietary and non-confidential, and the information shall become the property of Linde. Linde assumes no obligation to protect such information from disclosure. The submission of such information to Linde does not prevent the purchase, manufacture, or use of similar products, services, plans, and ideas by Linde for any purpose whatsoever, and Linde will be free to reproduce, use, display, broadcast, disclose, transmit, and distribute the information to others without restriction. Linde cannot prevent the “harvesting” of information from this Website, and a user may be contacted by Linde or unrelated third parties by e-mail or otherwise, within or outside of this Website. In addition, while there is no limitation on how your information may be used, we may use your IP address to help diagnose problems with our server and administer this Website, or to help identify you and to gather broad demographic information.

Product Safety Information. Linde maintains material safety data sheets (MSDSs) on all of its respective chemical products. You should obtain copies of the relevant MSDSs before using any of Linde products to enhance the protection of your employees and customers against any known health or safety hazards described in those MSDSs. You should contact us to discuss any safety aspects of our products.

Links To Third Party Websites. This Website may provide links or references to other Websites. Linde: (i) is not responsible for the content of these other sites; (ii) does not make any representations or give any warranties with respect to any information contained at or made available through these other Websites; and (iii) is not liable for any damages or injury arising from the content of these other Websites. Linde does not endorse companies, products, or the trading exchanges to which it has provided links. Any links to other Websites and trading exchanges are provided merely as a convenience to you. If you decide to access any of the third party Websites and trading exchanges linked to the Linde Website, then you do so entirely at your own risk. Linde reserves the right to terminate any links or linking programs, at any time. Without first obtaining our written permission, you shall not: (i) provide or create a link to this Website; or (ii) create any frames at any other Websites pertaining to any of the content located at this Website.

Online Product Orders. Nothing contained in this Website constitutes an offer by Linde to buy or sell any products or services. No agreement to buy or sell any products or services will be formed by means of the use of this Website until an order is placed by you and then accepted by Linde, in the manner described in the specific ordering information provided with the online product or service descriptions.

Digital Signatures; Electronic Signatures; Notices. This Website does not accept notices sent by electronic means, and no digital or electronic sound, video, action, or signature implemented through this Website will legally bind Linde, unless: (i) prior written arrangements have been made by our duly authorized officers or their appointed representatives; or (ii) with respect to a particular portion of our Website, such portion invites electronic contracting in a specific manner, in which case electronic action in such manner will legally bind us and you as a user on the terms and conditions provided. Your use of this Website constitutes the user's binding agreement to these terms, conditions, and restrictions and our binding agreement to provide the information on this Website on that basis.

Export Restrictions. This Website is maintained and operated by Linde from its offices within the United States. Linde does not make any representation that the information or other materials accessed through this Website are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or this Website from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any information or products received except in full compliance with all United States laws and regulations. In particular, the information or products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country, which affect your right to import, export, or use the information or products.

Indemnification. You shall indemnify and defend Linde, and all of its agents, directors, employees, information providers, licensors and licensees, officers, and parent (collectively, "Indemnified Parties"), from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, or the foregoing representations, warranties, and covenants. You will cooperate as fully as reasonably required in Linde’ defense of any claim. Linde reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Linde.

CONTENTS OF WEBSITE—DISCLAIMER. THE MATERIALS IN THIS WEBSITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS WEBSITE, LINDE, ITS AFFILIATES AND CONTRACTORS DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LINDE, ITS AFFILIATES, AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE PUT ON TO THE WEBSITE. LINDE, ITS AFFILIATES AND CONTRACTORS UNDERTAKE NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT.

CERTAIN LINKS IN THIS WEBSITE MAY LINK YOU TO OTHER WEBSITES ON THE WORLD-WIDE WEB. BECAUSE LINDE, ITS AFFILIATES AND CONTRACTORS HAVE NO CONTROL THROUGH THIS WEBSITE ON THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY WEBSITES, LINDE, ITS AFFILIATES, AND CONTRACTORS ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH WEBSITES. LINDE, ITS AFFILIATES, AND CONTRACTORS ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED WEBSITE. LINDE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY LINDE, THE LINKED WEBSITE. IN ADDITION, LINDE, ITS AFFILIATES, AND CONTRACTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED WEBSITES, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED WEBSITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES.

OPERATION OF WEBSITE—DISCLAIMER. LINDE ENDEAVORS TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, LINDE, ITS AFFILIATES, AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LINDE, ITS AFFILIATES, AND CONTRACTORS MAKE NO WARRANTY THAT: (I) THE OPERATION OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT LINDE, ITS AFFILIATES OR CONTRACTORS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT ARE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS, OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL LINDE, ITS AFFILIATES, OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE MATERIALS IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR THE INFORMATION AVAILABLE IN THIS WEBSITE. LINDE AND ITS AFFILIATES ARE NOT LIABLE EVEN IF LINDE OR ITS AFFILIATES OR AN AUTHORIZED REPRESENTATIVE OF LINDE OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, HARDWARE OR SOFTWARE FAILURES, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, THE USE OF INFORMATION ON THIS WEBSITE, AVAILABILITY OF RESOURCES TO SERVICE THE APPLICATIONS ON THIS WEBSITE, OR FORCE MAJEURE EVENTS.

LIMITATIONS AS TO WEBSITE DISCLAIMERS AND LIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT WILL THE TOTAL LIABILITY OF LINDE, ITS AFFILIATES, OR CONTRACTORS TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

Governing Law; Arbitration. All matters pertaining to the validity, construction, and effect of this agreement are governed by: (i) the laws of the state of Ohio, without giving effect to any principles or rules of conflict of laws that apply the laws of another jurisdiction; and (ii) federal law to the extent that it is applicable. You and Linde will resolve any claim arising out of, or related to, this agreement by submitting it to binding arbitration, in the Cleveland, Ohio Office of the American Arbitration Association, to be resolved in accordance with the rules of commercial arbitration issued by the American Arbitration Association. Any party may enter judgment upon the arbitration award in any court having jurisdiction.

Force Majeure. If Linde is prevented from performing its obligations under this agreement by reason of any cause or event, whether foreseeable or unforeseeable, that is beyond Linde’ reasonable control, including any cause or event that makes the delivery of any of the products commercially impracticable, then Linde is excused from performance of the obligation for the duration of the relevant event ("force majeure"). An force majeure event includes: (i) natural disasters (e.g., earthquake, hurricanes, floods, fire); (ii) major upheavals (e.g., war, riots, act of terrorism, sabotage, labor strikes, embargoes); (iii) performance failures of other persons or entities, such as Linde’ suppliers or subcontractors (e.g., curtailment of energy sources, common carrier failure, contracted labor); and (iv) government intervention (e.g., government orders, court orders, future laws, rules, and regulations). If a force majeure event occurs, then Linde shall use commercially reasonable efforts: (i) to continue to deliver product to you; or (ii) to provide you with replacement Product. In either case, you shall reimburse Linde for additional costs incurred (e.g., costs associated with special purchase, and freight or handling), and for additional costs incurred that relate to the production or distribution of product, including costs of electricity or other type of energy required in order to provide the product or replacement Product. The occurrence of a force majeure event does not entitle you to: (i) terminate this agreement; or (ii) buy any products from another company without first obtaining the written consent of Linde. If a force majeure event occurs resulting in shortages of any products, then you acknowledge that Linde may allocate those products among Linde’ customers as Linde deems to be in the best interest of all of its customers, giving preference to certain customers who have a critical need (e.g., healthcare providers, government-related customers).

Miscellaneous Provisions. If any provision of this Agreement is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement, and will not affect the validity and enforceability of any remaining provisions. The parties will perform any other acts, and will sign and deliver any other documents that are necessary to carry out the intent and provisions of this agreement. The parties do not intend to confer any contractual rights or benefits upon any persons or entities that are not a party to this agreement, either directly or incidentally. All terms and words used in this agreement, regardless of the number (singular or plural) and gender of their use, should be construed to mean either the singular or plural, and any other gender, as the context or sense of this agreement requires, as if the words were fully and properly written in the required number and gender. The definitions in this agreement, if any, apply equally to both the singular and the plural forms of the terms defined. The word “including” means “including, but not limited to” - and is intended to provide examples without intending to limit the generality of any preceding phrase. The word “or” is used in the inclusive sense, meaning “A or B, or both,” unless the context in which it is used clearly indicates the exclusive sense, meaning “A or B, but not both.” You shall not assign your rights or duties under this agreement without first obtaining the written consent of Linde. You acknowledge that: (i) any such breach will result in consequences to Linde of such a nature as to entitle Linde to obtain equitable relief, and in particular injunctive relief; and (ii) any such breach will cause irreparable injury, damage, and loss to Linde for which money damages alone will not provide an adequate remedy. The rights and remedies enumerated above in favor of Linde are in addition to, and not in lieu of, any other rights and remedies available to Linde, at law or in equity. You shall reimburse Linde for all reasonable expenses, fees, and costs that are incurred by Linde in connection with any proceeding to enforce its rights under this agreement, including reasonable attorneys fees and related costs and expenses. The parties shall use the English language in all notices, reports, records, materials, and other communications between the parties, required or permitted by this agreement. The parties may ignore any communication that is not in the English language. If you commit a breach of any of the provisions of this agreement, then Linde may have the provisions of this agreement specifically enforced by any court having jurisdiction, without the duty to post a bond or other security. This agreement is binding upon and benefits the parties, their respective successors, and their permitted assigns.