Terms & Conditions
Terms & Conditions
LegalPlease read and thoroughly understand all topics before using our site. If you have questions, please contact us.
Welcome to Kinco® LLC’s – DBA Welch Workwear® (”Welch®," "we,” “our,” “us”) – website, http://www.WelchWorkwear.com (WelchWorkwear.com (the “Site”)). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow and we reserve the right to revise these Conditions at any time at our sole discretion. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, please do not use the Site.
Intellectual PropertyUnless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Welch®. The Contents, and the Site, as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial, use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by Welch®.
Site TransactionsWe reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel either the entire order, or quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability (no financial obligation) to you or anyone else. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Welch® shall issue you a refund.
Product InformationMost Welch® products displayed on the Site are available in select stores in the United States and foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in any and/or all stores.
ColorsWe have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, because the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
User Generated Content
1. GenerallyBy posting, distributing, sending or displaying any comment, message (including e-mail), data, information, photos, text, music, graphics, sound, or other content (the “User Generated Content”) to the Site, you (A) grant and warrant that you have the right to grant and represent, to Welch® a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Welch® and its affiliates and sublicensees, sister sites, companies, or DBA’s the right to use the said material with the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Welch® the right to pursue by law any person or entity that violates your or Welch®’s right(s) in the User Generated Content section by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Welch® is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Welch® reserves the right to use the User Generated Content as it deems appropriate, including but not limited to and without limitation: deleting, modifying, editing, rejecting, or refusing to post it. Welch® is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works thereof, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Welch® or its agents thereof; (C) you waive and will not claim or assert any entitlement to any moral rights of any and all author(s) in any of the User Generated Content sections; and (D) you release Welch® from any claims that you could otherwise assert against Welch® by virtue of any moral rights.
2. Use of Chat Rooms, Bulletin Boards and Other Interactive AreasThe Site may from time to time contain forums, social media sites, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Welch® provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
- Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Material that promotes illegal drug use, tobacco or firearms use;
- Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
- Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of either Welch® or any party thereof;
- Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited advertising or links to other commercial sites;
- Names, addresses, phone numbers, e-mail addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
- Material that communicates messages inconsistent with the positive goodwill of Welch®; or
- Material that, in the sole judgment of Welch®, is objectionable, or which may expose Welch® or its users to any harm.
Welch® takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Welch® liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Welch® is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Welch® has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Welch® reserves the right, and has sole discretion, to remove without notice and without stated reason any User Generated Content posted or stored on the Site at any given time.
Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination, suspension of your permission to use the Site, or lawsuit where applicable.
3. Comments and SubmissionsAnything that you submit or post to the Site and/or provide Welch®, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and Welch® shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Welch® and shall not be returned to you. Welch® is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
4. Mobile Services and Contact Information.The Site may include certain features or services that are available via your mobile phone (the “Mobile Services”), such as the ability to upload content to your mobile phone or request order and shipping status messages or other alerts be sent to your mobile phone. In addition, you have the option, but are not required, to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services, or by providing your mobile number as a contact point, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
Copyright Complaint Policy
Infringement NotificationIf you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Welch® that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an e-mail address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be provided to us via our contact submisssion form or mailed to:
Kinco®, LLC DBA Welch Workwear®
Attn: Legal Department
18792 NE Portal Way
Portland, Oregon 97230
We highly suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, any and all reasonable costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply within the requirements above.