Welcome to the Insight Core web site (the “Web Site”) operated by Miller Electric Mfg. Co. ("Miller Electric"). The Web Site provides product information about your personal use of Miller Electric welding products.
By your use of this Web Site you agree to these terms and conditions (the "Terms of Use"). Miller Electric reserves the right to change these Terms of Use at any time, and each visit you make to the Web Site, you shall be subject to the then-current Terms of Use.
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Miller Electric Welding Data Privacy Policy, which is hereby incorporated into these Terms of Use. Once your welding device is connected to the Internet, your device will automatically transmit data to the Web Site. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site and disconnect your welding device from any Internet connection. Your continued use of the Web Site or your failure to disconnect your welding device from an Internet connection means that you accept and agree to the current or revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site or to disconnect your welding device from the Internet.
Overview: The Web Site has been created for the purpose of providing specific information about your use of certain Miller Electric welding products, including, but not limited to the voltage, amperage, arc-on time, productivity, operator performance, organizational performance, filler metal deposition, consumable usage, weld quality, error and event codes, power source status, data access and storage statistics, website usage analytics, and other similar statistics regarding your use of the products (the “Welding Data”).
Registration: To access the Web Site, you will be asked to provide certain registration details, including your age. You must be at least eighteen (18) years old to access and use the Web Site. It is a condition of your use of the Web Site that all the information you provide on the Web Site will be correct, current and complete. By registering with the Web Site, you are also consenting to Miller Electric collecting, using and storing your personally identifiable information as described in its Privacy Policy. By using your welding device while it is connected to the Internet, you are consenting to Miller Electric collecting Welding Data through your Miller Electric products via the hardware you purchase and install and your use of the Welding Data in the manner set forth in the Terms of Use and Privacy Policy.
You may allow other individuals to access your Welding Data in connection with your internal business purposes (“Authorized SiloUsers”). Each Authorized User must register with the Web Site with his or her own user name and password. Each Authorized User must agree to, and be bound by, these Terms of Use. You shall remain liable for any acts and omissions of your Authorized SiloUsers with respect to the Web Site and the Welding Data.
Welding Data Ownership; Use of Welding Data: Miller Electric owns all right, title and interest in and to the Welding Data. Miller Electric hereby grants you a license to copy, create derivative works of, modify, display, reproduce and use the Welding Data solely for your internal business purposes. You may not resell or otherwise distribute the Welding Data. Miller Electric will display the Welding Data on the Web Site for ninety (90) days, commencing from the time the device transmits the Welding Data to Miller Electric, or such other timeframe as Miller Electric may decide in the future, at Miller Electric’s sole discretion. After that time period, you may not be able to access such Welding Data. Miller Electric may also use the Welding Data to support its products, monitor welding parameters, activity, and consumables usage, diagnostic services, improve its welding products and any other internal business purpose.
Service Subscription: Miller Electric reserves the right to charge subscription fees for access to and use of the Web Site or the Welding Data in the future.
Termination/Modification of Services: Miller Electric reserves the right, in its sole discretion, at any time in the future, to terminate or modify the Web Site and related services, including without limitation, the collection of Welding Data.
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, functionality, selection and arrangement thereof, all of which are proprietary to Miller Electric or its licensors and are protected by United States and international laws regarding copyrights, patents (both granted and pending), 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 internal business purposes related to your role as a customer of Miller Electric. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Miller Electric or the applicable owner of such content. Except as expressly authorized by Miller Electric in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Web Site, (ii) access to this Web Site or (iii) use of this Web Site or of any services or materials available through this Web Site.
Trademarks: The terms "Miller Electric" and “Insight” and the Miller Electric logo and the Insight logo and all related product and service names, designs and slogans are Miller Electric trademarks. You may not use such marks without Miller Electric's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Information Provided "As Is": You assume all responsibility and risk for the use of this Web Site. Miller Electric does not assume any liability for the Welding Data, materials, information and opinions provided on, or available through, the Web Site (the "Site Content"). The Site Content is provided for information purposes only. Any of the Site Content may include technical inaccuracies or typographical errors. Miller Electric 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 Miller Electric 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 decisions to purchase different products, use our welding products in a different manner, as well as safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Miller Electric welding products or any other information related to safety that may be available on through this page. Miller Electric disclaims any liability for injury, including personal injury, or damages resulting from the use of thereof.
THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE 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. NEITHER MILLER ELECTRIC NOR ANY PERSON ASSOCIATED WITH MILLER ELECTRIC 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 MILLER ELECTRIC NOR ANYONE ASSOCIATED WITH MILLER ELECTRIC WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS 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. MILLER ELECTRIC DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you.
Indemnification: You agree to indemnify and hold harmless Miller Electric and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Web Site, analysis of the Welding Data, or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of this Agreement or your use of the Web Site or any products, services or information obtained from this Web Site.
Privacy; Protection of Personal Information: Miller Electric's use of your Welding Data, personal information and your responsibilities in connection with protecting your privacy are described in the Miller Electric Privacy Policy, which is incorporated by reference into these Terms of Use.
Although Miller Electric takes security precautions to prevent users from accessing each other’s data, it is possible that you may inadvertently gain access to another user’s Welding Data. In the event you receive access to another user’s data, you must immediately discontinue accessing and viewing such user’s Welding Data and notify us immediately, so that we may remove that user’s Welding Data from your account. Miller Electric will not be liable to you or anyone else in the event another user gains access to your Welding Data or you receive access to another user’s Welding Data.
Use of the Miller Electric Web Site: Miller Electric shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Web Site. Miller Electric 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 in this 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 this Web Site or any linked web site or the Internet generally.
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright or other intellectual property rights, without permission from the copyright or other applicable intellectual property 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, data 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; (11) advocate illegal activity or discuss an intention to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (13) disobey any policy or regulation including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; or (15) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web Site, or which, as determined by Miller Electric, may harm Miller Electric or users of the Web Site or expose them to liability.
(b) You understand and acknowledge that you are responsible for whatever content you submit, and you, not Miller Electric, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any aspect of the Web Site, you warrant that the material is your own, 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.
(c) Any content and/or opinions uploaded, expressed or submitted to a message board, public forum, or any other publicly available section of the Web Site (including password-protected areas), other than the content provided by Miller Electric, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Miller Electric. All information publicly or privately transmitted through the Web Site is the sole responsibility of the person from whom such information originated and Miller Electric will not be liable for any errors or omissions in content. Miller Electric 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.
(d) Miller Electric reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Miller Electric, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Miller Electric has been notified, or has reason to believe, constitutes copyright or trademark infringement; (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, Miller Electric 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, Miller Electric assumes no liability for any action or inaction regarding transmissions, communications or content provided by users of the Web Site. Miller Electric 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, Miller Electric has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(e) Your failure to comply with the provisions of these Terms of Use may result in the termination of your access to the Web Site.
Feedback, Comments and Submissions: Miller Electric welcomes your comments. All comments, suggestions or other information sent by you through the Web Site will become Miller Electric’s property and you agree that all intellectual property rights therein are transferred to Miller Electric. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non-confidential for all purposes. Miller Electric shall have the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Miller Electric (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Miller Electric may use any Submission in its operation (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Miller Electric operations.
Links to Third Party Web Sites: The Web Site may contain links to third party sites. These are provided for the convenience of Miller Electric customers and Miller Electric 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 Miller Electric nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from this Web Site.
Worldwide Notice: Miller Electric offers products and services in many parts of the world. The Web Site may refer to certain products or services, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Miller Electric intends to offer such products or service in all countries. This Web Site is subject only to jurisdiction of the U.S. and Canadian courts. Miller Electric makes no representation or warranty that materials in this Web Site are appropriate or available for use in other jurisdictions. If you access this Web Site from other jurisdictions, you are responsible for complying with local laws.
Miscellaneous: These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Wisconsin, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts in the State of Wisconsin. You agree to submit to the jurisdiction of such courts.
Only for consumers residing in the Canadian Province of Quebéc, this Agreement shall be governed in all respects by and construed in accordance with the laws of Province of Quebéc and the laws of Canada applicable therein, without regard to its conflict of law principles, and exclusive jurisdiction over any cause of action arising out of this Agreement or your use of this Web Site shall be in the courts located in the district of Montréal in the Province of Quebéc. You agree to submit to the exclusive jurisdiction of such courts.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Miller Electric with respect to the Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Miller Electric Web Site must be commenced within one (1) year after the claim or cause of action arises, or any other statutorily imposed limitation period, or such claim or cause of action is barred.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
Miller Electric's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Miller Electric nor any trade practices shall be deemed to modify these Terms of Use.
The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language; Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.