ESAB TRY VELOCITY2 ON FOR SIZE PRODUCT TRIAL

1. Eligibility and Product Trial:
1. ESAB "TRY VELOCITY2 ON FOR SIZE" PRODUCT TRIAL is open only to those who sign up at the online TRIAL page and have a minimum of 12 MIG guns currently in use. Product trial participants are selected at the sole discretion of ESAB. Only one entry per qualified business address. Only available to entrants with a business address in the United States.
2. Approved applicants that meet trial qualifications (a "Recipient") will receive one (1) VELOCITY2 Spray Master^® or one (1) VELOCITY2 Classic Series MIG gun, along with one bag of ten (10) VELOCITY2 heavy-duty tips and one bag of two (2) VELOCITY2 heavy-duty nozzles (collectively, the "Evaluation Products"). Recipient’s right to use the Evaluation Products begins upon delivery and continues for thirty (30) days from the date of delivery (the "Evaluation Period"). There is no charge to Recipient for use of the Evaluation Products during the Evaluation Period.
3. Recipient understands and agrees that Recipient will not be allowed to keep possession of any Evaluation Products that are provided to Recipient for evaluation, even if Recipient wishes to purchase such Evaluation Products. If Recipient wishes to purchase any Evaluation Products, the Evaluation Products must still be returned to ESAB and ESAB will provide new products to Recipient on the terms agreed between the parties. Recipient (i) will be responsible for any loss or damage to the Evaluation Products from the time the Evaluation Products are delivered to Recipient until the time the Evaluation Products are received by ESAB (ii) may not relocate any Evaluation Products to, or use any Evaluation Products at, any location other than the location specified on an order form or as otherwise agreed to by the parties, and (iii) will promptly provide ESAB with written notice of any loss or damage to any Evaluation Products. ESAB shall at all times retain all title to and ownership of the Evaluation Products.
4. After the Evaluation Period, ESAB will pick up the Evaluation Products. Each approved entrant that completes a 30-day VELOCITY2 product trial will receive one (1) ESAB Sentinel Helmet. Approximate Retail Value (ARV): $314.00 USD. No responsibility is assumed by ESAB or any affiliated companies for the Sentinel Helmet after it has been shipped or otherwise provided to Recipient, including without limitation any delay in delivery or damage during delivery.
5. Sign-up period will run from July 16, 2018 through October 15, 2018. ESAB reserves the right to extend or cancel the Product Trial at any time.
2. Usage of Information and Marketing: By participating in the product trial, you agree that ESAB may send you communications (by email, phone, in-product, and/or on a ESAB website), including personalized content about new products and special promotions, and that ESAB may collect, analyze, and use information about the trial evaluation. ESAB handles personal information received through this trial period in accordance with its Privacy Policy (available at www.esab.com).
3. Warranty Disclaimer and Limitation of Liability:
1. Warranty Disclaimer. THE EVALUATION PRODUCTS, SENTINEL HELMET AND ALL MATERIALS OR INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THESE TERMS ("MATERIALS") ARE PROVIDED "AS IS" AND ESAB DISCLAIMS ALL WARRANTIES RELATING TO THE MATERIALS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
2. By entering you agree to release and hold harmless ESAB and its subsidiaries, related parties, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, associated with the Evaluation Products or Sentinel Helmet including, without limitation, from Recipient’s participation in the product trial and/or his/her acceptance, possession, use, or misuse of any Evaluation Product or the Sentinel Helmet.
4. General Provisions:
1. No Joint Venture or Agency. Nothing in this Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between the parties. No party is authorized to act as agent for the other party hereunder.
2. Export Compliance. Recipient acknowledges and agrees that the Evaluation Products (and all technical data and software associated therewith) provided by ESAB under this Agreement may be subject to restrictions and controls imposed by the United States Export Administration Act and the regulations thereunder. Recipient represents and warrants that (i) Recipient will not export or provide the Evaluation Products or any software or other information or data provided or made available by ESAB under this Agreement into any country or to any individual (including Recipient’s employees and other personnel) in violation of such restrictions or controls, or any other applicable export laws, rules or regulations, and (ii) Recipient is not named on any U.S. government list of persons or entities prohibited from receiving exports.
3. Assignment / No Third Parties. Neither party may assign this Agreement, in whole or in part without the express written consent of the other party. There are no third-party beneficiaries to this Agreement.
4. Governing Law, Venue and Dispute Resolution. This Agreement and performance by the parties hereunder shall be construed in accordance with the laws of Delaware. Any disputes or causes of action arising hereunder, shall be finally settled by binding arbitration in Delaware. The award of arbitration shall be final and binding upon both parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
5. Equitable Remedies. Any actual or threatened material breach of this Agreement may cause immediate, irreparable harm for which monetary damages alone could be an inadequate remedy and either party may seek injunctive relief for such breach.
6. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings and agreements, whether oral or written, pertaining to the subject matter hereof.