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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.
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.