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Terms of Use

LIMITED LICENSE

Hearst Business Communications, Inc., who owns this web site, www.icmaster.com (hereinafter, "ICMaster" or the “Web Site”), does not provide information about or in any way facilitate the sale of products to or for children, but rather provides information and links to buy web sites to entities on a business-to-business basis and to engineers and other individuals who have technical skill and knowledge about, and interest in, electronics parts.  Thereby, ICMaster is designed to target an adult audience who can legally contract and/or purchase using credit.  If you are not of legal age to contract (as to your state of residence), you may not use ICMaster.com unless you do so with the express authorization of your parent or legal guardian.  ICMaster and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.  ICMaster currently provides this service free of charge to you under the terms and conditions primarily set forth in this Terms of Use section of the Web Site.  However, there may be additional terms and conditions in other sections of this Web Site, which are expressly incorporated herein and also must be observed and followed (collectively referred to hereinafter as "Terms of Use").  By accessing or using this Web Site, you agree to abide by the Terms of Use.

Subject to the Terms of Use, ICMaster grants to you a non-exclusive, non-transferable, limited, revocable right to access, use and privately display this Web Site for the sole purpose of identifying engineering products and components for your legitimate personal and/or business needs.  Any other use of this Web Site is expressly prohibited and constitutes a material violation of the Terms of Use.  Prohibited uses include, without limitation, using email addresses obtained from this Web Site for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or all of this Web Site.

ICMaster reserves the right, at its sole discretion, to change, to modify, to add or to remove the Terms of Use, in whole or in part, at any time without prior notice or liability.  Your continued access or use of this Web Site after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof.  Further, ICMaster reserves the right, in its sole discretion, and without prior notice or liability, to terminate, to modify or to add any features to this Web Site at any time.  ICMaster also reserves the right, in its sole discretion, and without prior notice or liability, to limit or to terminate your access to this Web Site, and you agree to abide by such limit or termination.

You agree not to modify, add or delete any content on this Web Site, without the express written permission of ICMaster. Further, you agree not to interrupt or attempt to interrupt the operation of this Web Site or access thereto by other users.

You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Web Site, the services offered on this Web Site, or access to this Web Site.

You may link to this Web Site, so long as it does not portray ICMaster or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner. Further, the linking web site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with ICMaster may be indicated without ICMaster's express written permission. ICMaster reserves the right to require that you remove any link to this Web Site for any reason, and you agree to carry out the removal immediately.

You agree that information you provide to this Web Site or to the manufacturers and distributors whose products are present in the online catalog of this Web Site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Web Site or to the manufacturers and distributors whose products are present in the online catalog of this Web Site.

DISCLAIMER/LIMITATIONS ON DAMAGES/INDEMNITY

Technical data and statistical information contained in the search engine of this Web Site have been derived from information supplied by the respective manufacturers and distributors. Although we believe that the information supplied is obtained from sources deemed to be reasonably reliable, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in the search engine are intended for use by persons possessing technical skill and knowledge. Conditions of use of the items listed in the search engine are beyond our knowledge and control and, consequently, we assume no liability whatsoever for results obtained, loss, or damage incurred as a result of application of the data or information presented. Users of the search engine do so at their own risk.  In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copyright infringement or other similar claims which may arise out of or in connection with the misuse of any data, information or items listed in search engine. 

THE INFORMATION, CONTENT AND MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS WEB SITE, INCLUDING OR ANY THIRD PARTY WEB SITES OR SERVICES LINKED TO FROM THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INJURY, EXPENSES, PROFITS, LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OR ANY OTHER PECUNIARY LOSS OR EXPENSE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE ACCESS, USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR CONTENT, MATERIALS OR FUNCTIONS ON THIS WEB SITE OR ANY PRODUCT DESCRIBED IN THE SEARCH ENGINE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEB SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  If, despite the language of the Terms of Use, ICMaster becomes liable to you for anything arising out of or related in any way to your access, use or inability to use this Web Site or any product described in the SEARCH ENGINE, then, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE TOTAL PAYMENTS ACTUALLY MADE BY YOU TO ICMASTER, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEB SITE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR SERVICE PARTNERS, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE TO YOU FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US, OUR SERVICE PARTNERS, OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR SERVICE PARTNERS, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THIS WEB SITE AND ANY OTHER WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THIS WEB SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

You agree to indemnify and hold ICMaster and, where applicable, its parent, AFFILIATES, SERVICE PARTNER, and subsidiaries, and each of their respective officers, directors, agents and employees, as well as manufacturers and distributors whose content appears on this Web Site, harmless from any claim or demand, including reasonable attorney's fees, made by any third party arising out of or related in any way to any breach by you of the Terms of Use.

When you register to use this Web site, you MAY BE allowed to access content not available to non-registered users and to engage in interactive communication with our Web site.  You are entirely responsible for maintaining the confidentiality and privacy of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s), and you agree to accept responsibility for all acts and/or omissions that occur under your account.  You hereby agree to indemnify, defend, and hold us, our parent, our subsidiaries, our affiliates, OUR SERVICE PARTNERS, and each our or their respective licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any of the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your account(s).  You shall use your best efforts to cooperate with us in the defense of any claim.  We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter subject to indemnification by you and you agree to reimburse us for the reasonable costs thereof within thirty (30) calendar days of demand therefor.

CONTENT LINKED TO THIS WEB SITE

ICMaster is an aggregator of data and information (commonly referred to as a search engine) about electronics parts and components; it does not manufacture or sell any electronics parts or components.  As a convenience to you, ICMaster may provide on this Web Site one or more links to third party web sites and/or provide email contacts respecting third parties. There are links to other web sites from pages on this Web Site that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off of the Web Site.  This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship.  These other web sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.  In addition, advertisers on this Web Site may send cookies to users that we do not control.  By clicking on links to other web sites, you acknowledge that the web site on which you will land is not controlled by us and different terms of use and privacy policies may apply.   

ICMaster makes no endorsement of such third parties, nor any representation or warranty regarding anything that takes place between you and any such third parties, including, without limitation, visits to third party web sites, email correspondence with third parties, and business or other transactions with third parties found through this Web Site.  We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party web site that links to or from this Web Site or third-party information, content or materials contained on this Web Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party web site.  We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party.  

We make no representations concerning the content of web sites listed in any of our directories. Consequently, we explicitly disclaim any responsibility for the content and material contained in web sites listed in our search results or otherwise found on web sites that link to or from this Web Site, including, without limitation, the accuracy, relevancy, copyright compliance, legality, completeness, availability of information, or decency thereof.  You hereby irrevocably waive any claim against us with respect to information, content and materials contained on this Web Sites, on third party web sites, and any information, content and materials you provide to such third party web sites (including, without limitation, credit card and other personal information).  Please keep in mind that whenever you give out personal information online that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties, including taking precautions to protect against viruses, worms, Trojan horses or other malicious code.  We reserve the right to disable links from third-party web sites to this Web Site, although we are under no obligation to do so.

INTELLECTUAL PROPERTY

You acknowledge and understand that the method of operation of this Web Site and/or the business method employed are the subject of one or more U.S. and International patent applications. Copying any aspect thereof may subject the copyist to injunctions, monetary damages and/or other legal ramifications upon patent issuance.

Hearst Business Communications, Inc. owns the trademarks and service marks listed below. A mark designated with a registration symbol (ฎ) indicates that it is registered with the U.S. Patent and Trademark Office. Marks without the registration symbol are either under application for registration in the U.S. or are considered to be common law marks of Hearst Business Communications, Inc. You agree not to use any meta tags or other hidden text utilizing Hearst Business Communications, Inc.’s  or ICMaster's name or any of either of their its trademarks or service marks without the express written consent of Hearst Business Communications, Inc.

ICMASTER
EEM

IC MASTER & DESIGN (CANADA)

ICMASTER.COM

SEMIAPPS.COM

EETECHBRIEF.COM

ELECTRONICPRODUCTS.COM

ฉ 2008 Hearst Business Communications, Inc. All Rights Reserved Throughout the World.  Hearst Business Communications, Inc. claims a copyright interest in each page of this Web Site and this Web Site as a whole, as well as in the content, including, without limitation, the catalog as a whole and all search forms, but excepting individual catalog information in the form provided to ICMaster, which is the property of the various manufacturers and distributors providing such information for this Web Site, all of which is protected by United States and international copyright laws.  No portion of this Web Site or this Web Site as a whole may be copied, retransmitted, reposted, duplicated or otherwise used without the express written permission of Hearst Business Communications, Inc.

You acknowledge that the information ICMaster has about its users, including, without limitation, names, email addresses, usernames, passwords, Web Site usage history, etc., is governed by its Privacy Policy located at http://www.icmaster.com/search/privacypolicy.html and may also be a trade secret.  In addition, you acknowledge that any information ICMaster has about the aggregate usage of this Web Site and any agreements ICMaster has with manufacturers and distributors providing content for this Web Site are also trade secrets.

INTERNATIONAL USERS

This Web Site is controlled, operated and administered by ICMaster and its service providers from within the United States. ICMaster makes no representation that the Web Site is available for access or use at other locations outside the U.S.  However, any access or use from outside the U.S. is still subject to the Terms of Use.  Access to this Web Site is expressly prohibited from territories where this Web Site or any portion thereof is illegal. You agree not to access or use any information or materials on this Web Site in violation of U.S. export laws and regulations, or in violation of any laws or regulations in the country from which you are accessing this Web Site.

CHOICE OF LAW/FORUM FOR DISPUTES

The validity, construction and performance of the Term of Use of this Web Site and the legal relations between you and ICMaster shall be governed by, construed and enforced in accordance with the internal laws of the State of New York, without regard to its provisions concerning choice of laws, choice of forum or any principle that might otherwise refer construction or interpretation of this Terms of Use to the substantive law of another jurisdiction.  The parties consent and submit to the jurisdiction of the federal or state courts located in New York County, New York, to hear any action or suit arising out of this Terms of Use or the breach thereof and related matters.  No party shall raise, and each party hereby waives, any defenses based upon venue, inconvenience of forum, lack of personal jurisdiction, improper service of process or the like in any such action or suit.

MISCELLANEOUS

If any court of competent jurisdiction deems any provision of these Terms of Use to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of the Terms of Use, and the remaining provisions shall remain in full force and effect.

The headings in this section of the Web Site are intended solely for convenience and are not considered to be terms within the Terms of Use.

The Terms of Use constitutes the entire agreement between ICMaster and you with regard to your access and use of this Web Site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.

 


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