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Terms of Use

Overview

Welcome to the website operated by Praxair Distribution, Inc. This website has been created solely for purposes of providing information about Praxair Distribution, Inc. and its affiliates (collectively, “Praxair”), facilitating commercial transactions within the continental United States with Praxair, and includes information about Praxair products and services, news, press releases, awards, history, and other information.

Basic Terms

Please review these Terms of Use. All access to and use of this site (the “Praxair Property”), and the features and functions on this Praxair Property, are subject to these Terms of Use, including any terms, conditions, policies and notices linked or referenced herein (collectively, “Terms”). The Praxair Property is owned and/or controlled by Praxair from within the United States of America. By accessing the Praxair Property in any way, including, without limitation, browsing the Praxair Property, using any information contained on or in the Praxair Property, and/or submitting information to Praxair, you agree to and are bound by the Terms, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Delaware law.

If you do not wish to agree to these Terms, do not access or use any part of the Praxair Property. Your continued use of the Praxair Property means that you accept and agree to the current or revised Terms. If you disagree with the Terms (as amended from time to time) or are dissatisfied with the Praxair Property, your sole and exclusive remedy is to discontinue using the Praxair Property.

From time to time, Praxair may update these Terms. Your use of the Praxair Property after any changes to these Terms are posted constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Praxair may, in its sole discretion, and at any time, change or discontinue the Praxair Property or any part thereof, with or without notice, or may prevent your use of the Praxair Property with or without notice. You agree that you do not have any rights in the Praxair Property and that Praxair will have no liability to you if the Praxair Property is discontinued or your ability to access the Praxair Property or any content you may have posted on the Praxair Property is terminated.

License and Access to Praxair Property

Praxair grants you a limited license to access and make use of the Praxair Property solely for legitimate business purposes, subject to these Terms. By accessing or linking to the Praxair Property, you assume the risk that the information on the Praxair Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Praxair may add, change, discontinue, remove or suspend any of the information, features and other content included in the Praxair Property at any time, without notice and without liability. Due to the open nature of the Praxair Property, and the potential for errors in the storage and transmission of digital information, Praxair does not warrant the accuracy of information contained on or obtained from the Praxair Property.

Prohibited Purposes

You agree that you will not: (i) use the Praxair Property in any way that violates any applicable federal, state, or local law; (ii) upload, post, reproduce, or distribute on the Praxair Property any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iii) use the Praxair Property for any commercial transactions that are unrelated to the purposes for which the Praxair Property was provided; (iv) use the Praxair Property to transmit any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (v) use the Praxair Property to impersonate or attempt to impersonate any other person or entity or collect or store personal data about other users; (vi) use any electronic communication feature of the Praxair Property for any purpose that is tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (vii) use the Praxair Property to corrupt or misuse any data, personal information or User Content that may be submitted to or accessed through the Praxair Property; (viii) use the Praxair Property to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Praxair Property or which, as determined by us, may harm Praxair or users of the Praxair Property or expose them to liability; (ix) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful and will not attack the Praxair Property via a denial-of-service attack or a distributed denial-of-service attack; (x) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Praxair Property, the server(s) on which the Praxair Property is stored, or any server, computer or database connected to the Praxair Property; or (xi) otherwise attempt to interfere with the proper working of the Praxair Property.

Praxair reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Praxair Property.

Praxair Content

Content on the Praxair Property that is provided by Praxair or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (collectively, "Content") is the property of Praxair or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any Praxair Content for use in any publications, in public performances, or on websites or applications other than the Praxair Property for any unpermitted commercial purpose, in connection with products or services that are not those of Praxair, in any other manner that is likely to cause confusion, that disparages or discredits Praxair and/or its licensors, or that dilutes the strength of Praxair’s or its licensor's intellectual property, or that otherwise infringes Praxair’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any Praxair Content or User Content (defined below) in any other manner.

Reviews, Content and Submissions

From time to time on certain areas of the Praxair Property you may be able to submit reviews, comments, feedback and certain other materials (collectively, "User Content"). By using these features, you agree that: (i) you will not post any User Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Praxair in its sole discretion; (ii) you will not post any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (iii) you will not impersonate any person or organization, including without limitation, the personnel of Praxair, or misrepresent an affiliation with another person or organization; and (iv) you will not post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Praxair Property, or any feature of the Praxair Property.

You further understand and agree that you have no ownership rights in any account you may have with Praxair, or other access to the Praxair Property or features therein. Praxair may terminate or suspend your account and delete all User Content associated with your account at any time, and without notice, if Praxair determines, in its sole discretion, that you have violated these Terms, the law, or for any other reason. Praxair assumes no liability for any information removed from the Praxair Property, and reserves the right to permanently restrict your access to the Praxair Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through the Praxair Property, you hereby grant to Praxair a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or have a valid license to use the content submitted, displayed, published or posted by you on the Praxair Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Praxair’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

Any photos that you submit may be used at Praxair's sole discretion. By submitting a photo you grant Praxair a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, and publish your photo in any and all media throughout the world without compensation to you. You should only submit photos that you have personally taken.

Privacy; Protection of Personal Information

On certain areas of the Praxair Property, you may be given the ability to provide Praxair with personally identifiable information. Please read the Praxair (a Linde, plc. company) Privacy Statement for more information about Praxair’s information collection and use practices, which policy applies to information collected on the Praxair Property, and your use of the Praxair Property is subject to that policy.

Any passwords used for the Praxair Property are for your use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Praxair Properties to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Praxair reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.

Praxair reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing Praxair to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate applicable law(s) or these Terms.

Customer Assistance Policy

Praxair’s packaged gas business consists of (i) processing, packaging, selling and distributing industrial, specialty, medical and beverage gases, (ii) renting, selling and distributing gas cylinders and tanks, and (iii) selling and distributing safety and related hardgoods equipment, materials and supplies. Praxair’s challenge is to meet the needs of its customers and to exceed their expectations. On occasion, purchasers may ask Praxair advice or information about their use of Praxair’s products. Praxair responds to its customers based on the best information in its possession at that time. Many variables beyond the control of Praxair affect the results obtained in applying products sold by Praxair Distribution, Inc. Praxair is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Praxair 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, Praxair 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 Praxair’s products. Praxair Distribution, Inc. is a responsible distributor, but the selection and use of specific products sold by Praxair Distribution, Inc. is solely within the control of, and remains the sole responsibility of the customer.

Dealings with Other Merchants

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through the Praxair Property, you acknowledge and agree that Praxair is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and that merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Praxair 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 merchant on the Praxair Property.

Product Comparisons

Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for your intended use.

Hypertext Links

The Praxair Property may be linked to other sites which are not maintained by Praxair. These are provided for the convenience of Praxair customers. Praxair is not responsible for the practices or policies of such third parties, and the inclusion of any link to such third party sites does not imply endorsement, sponsorship, or recommendation by Praxair of the linked sites, or the content on such websites or applications or availability of these sites’ services or resources. Praxair disclaims any liability for links: (i) from another site to the Praxair Property, and (ii) to another site from the Praxair Property. Your use of third party web sites and applications is at your own risk and subject to the terms and conditions of use for such sites.

The Praxair Property may contain links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). Praxair makes pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums.

You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Praxair without the prior review and written approval of Praxair.

Intellectual Property Matters

One or more patents and pending applications for patents owned by Praxair may apply to the Praxair Property and to the features and services accessible via the Praxair Property.

Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Praxair Property or third party websites are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. Praxair's trademarks and service marks may be used publicly with permission only from Praxair Technology, Inc. Fair use of Praxair's trademarks and service marks in advertising or promotion of Praxair's products requires proper acknowledgement.

Please contact our Webmaster at praxairusa@praxair.com if you become aware of any Praxair Content or User Content that may infringe the intellectual property rights of a third party or that you believe to be in violation of these Terms.

Forward-Looking Statements

Any forward-looking statements contained in the Praxair Property concerning projected operating costs, operating profit, demand for industrial gases, net income after taxes and earnings per share involve risks and uncertainties, and are subject to change based on various factors, including the impact of changes in worldwide and national economies, achievement of cost reductions and efficiencies, changes in foreign currencies, changes in interest rates, the continued timely development and acceptance of new products and processes, the impact of competitive products and pricing, future mergers and acquisitions (including any related charges, transactions costs and operational risks), risks associated with foreign operations, litigation, the impact of tax and other legislation and regulation in the jurisdictions in which Praxair operates, and other risk factors listed from time to time in Praxair's Securities & Exchange Commission reports.

Disclaimer of Warranties

BY ACCESSING AND USING THE PRAXAIR PROPERTY, YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PRAXAIR PROPERTY, AND UNDERSTAND AND ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. PRAXAIR EXPRESSLY DISCLAIMS 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.

IN THIS REGARD, PRAXAIR MAKE NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PRAXAIR PROPERTY, PRAXAIR CONTENT OR ANY USER CONTENT; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PRAXAIR PROPERTY, ANY PRAXAIR CONTENT, OR ANY USER CONTENT; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE PRAXAIR PROPERTY; OR (IV) WHETHER THE PRAXAIR PROPERTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

MOREOVER, PRAXAIR MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. PRAXAIR DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE.

NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM PRAXAIR OR FROM THE PRAXAIR PROPERTY SHALL CREATE ANY WARRANTY OF ANY KIND.

IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitations of Liability

YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PRAXAIR PRIVACY POLICY AS STATED IN THESE TERMS, NEITHER PRAXAIR NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE PRAXAIR PROPERTY OR ANY INABILITY TO USE THE PRAXAIR PROPERTY, INCLUDING LINKS TO OTHER WEBSITES, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF INFORMATION YOU SEND TO US. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY UNAUTHORIZED ACCESS TO, MISUSE, ALTERATION, THEFT, DESTRUCTION OR LOSS OF ANY RECORD OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, COMPUTER VIRUSES, FILE CORRUPTION, OR LOSS OF PROFITS.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRAXAIR EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID PRAXAIR, IF ANY, IN THE SIX MONTHS PRECEDING THE DATE OF THE CLAIM FOR PRODUCTS AND SERVICES ORDERED THROUGH THE PRAXAIR PROPERTY.

Time Limitation for Claims

YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE PRAXAIR PROPERTY MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

To the extent not prohibited by law, you expressly agree to indemnify, defend and hold harmless Praxair Distribution, Inc. and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Praxair Property or the delivery of products, services or information over or by means of the Praxair Property, from and against any claims, damages and expenses, including reasonable attorneys' fees and costs, related to (1) your or your employees’ or agents’ failure to comply with these Terms; (2) any User Content or other use of your account; (3) any activity in which you or your employees or agents engage on or through the Praxair Property; and (4) any action taken by Praxair during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Praxair or law enforcement authorities.

Termination

The Terms will continue to apply until terminated by either you or Praxair as follows.

You may end your legal agreement with Praxair at any time for any reason by deactivating your account(s) and discontinuing your use of the Praxair Property. In order to deactivate your account(s), please contact us at praxairusa@praxair.com. If you have any questions regarding our Privacy Policy, please contact us at praxairusa@praxair.com.

We may suspend or terminate your account(s) or cease providing you with all or part of the Praxair Property at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Praxair Property to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Praxair Property the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Praxair Property, except for those provisions of these Terms that reasonably may be interpreted as surviving any such termination.

Nothing in this section shall affect Praxair’s rights to change, limit or stop the provision of the Praxair Property without prior notice, as provided above.

Miscellaneous

These Terms will be governed by and construed in accordance with the laws of the State of Delaware without regard to that state’s conflicts of laws principles. By using this site, you hereby agree that any and all legal claims and disputes regarding these Terms will be subject to the exclusive jurisdiction of the state or federal courts located in Fairfield County, Connecticut.

These Terms, as they may be amended from time to time, completely and exclusively state the agreement between you and Praxair with respect to the Praxair Property, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.

These Terms operate to the fullest extent permissible by law. Accessing materials on the Praxair Property by certain persons in certain countries may not be lawful, and Praxair makes no representation that materials on the Praxair Property are appropriate or available for use in locations outside the United States. If you choose to access the Praxair Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.

Praxair’s failure to insist upon or enforce strict performance of any provision of these Terms shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Praxair nor any trade practices shall be deemed to modify these Terms.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

If you have any questions about these Terms, please contact us.

Effective: September 25, 2019