Stackpole Electronics, Inc. Web Site Terms of Use

 

PLEASE READ THIS PAGE CAREFULLY BEFORE USING THIS SITE.  THIS PAGE SETS FORTH THE TERMS AND CONDITIONS (“TERMS” OR “TERMS OF USE”) UNDER WHICH STACKPOLE ELECTRONICS, INC. (“SEI”) AUTHORIZES YOU TO USE ITS SITE.  YOU ARE AUTHORIZED TO USE THIS SITE ONLY IF YOU AGREE TO THE TERMS.  IF YOU DO NOT ACCEPT THE TERMS, DO NOT USE THE SITE.  BY USING THE SITE, YOU AND THE COMPANY YOU ARE AUTHORIZED TO REPRESENT (“YOU” AND “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS.  STACKPOLE ELECTRONICS, INC. MAY REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING AND YOUR USE OF THE SITE AFTER ANY CHANGES MEANS YOU ACCEPT THOSE CHANGES. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS, BECAUSE THEY ARE BINDING ON YOU. 

Your Account Obligations:  In consideration and as a condition of your use of the Site, you agree that, if you access portions of this Site where registration is required, you will: (a) provide true, accurate, current, and complete information about yourself as requested as part of your registration or thereafter (the “Account Information”); (b) maintain and promptly update the Account Information to keep it true, accurate, current, and complete; and (c) abide by these Terms.  If you provide any information during the registration process that is not true, accurate, current, or complete, or Stackpole Electronics, Inc.  has reasonable grounds to suspect that it is not true, accurate, current, or complete, Stackpole Electronics, Inc. may suspend or terminate your account and prohibit you from using the Site.  Account Information and certain other information about you is subject to Stackpole Electronics, Inc.’s Privacy Policy, which is incorporated into these Terms by this reference. Click here to review Stackpole Electronics, Inc.’s Privacy Policy.

Password:  If you have received a password to access non-public portions of the Site because of your current employment and your employment terminates for any reason, you must stop using the password immediately and notify Stackpole Electronics, Inc. at passwords@seielect.com or at (888)734-7347.  Your password is not transferable.  You are solely responsible for maintaining the confidentiality of your account and password and are solely responsible for all uses of your password or account, whether or not authorized by you.  Furthermore, you agree to notify Stackpole Electronics, Inc. immediately of any unauthorized use of your password or account or any other breach of security. 

Use and Ownership of Material: Stackpole Electronics, Inc. authorizes you to view and download a single copy of the material posted on the Site solely in order to determine whether you wish to become an Stackpole Electronics, Inc. customer, or if you already are an Stackpole Electronics, Inc. customer, in order to facilitate your transactions with Stackpole Electronics, Inc. You acknowledge that the contents of the Site, including, without limitation, materials such as text, graphics, images, logos, button icons, software, and other materials (collectively, the “Material”), are protected under both United States and international copyright, trademark, and other laws.  All Material is the property of Stackpole Electronics, Inc. or its content suppliers or business partners.  The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Stackpole Electronics, Inc. and protected by United States and international copyright laws.  Unauthorized use of the Material may violate copyright, trademark, and other laws.  If no specific restrictions are displayed, you may make copies of select portions of the Material, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Material in any way.  You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy you make of the Material.  You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose.  Except as provided above, you may not upload, post, reproduce, or distribute Material without obtaining permission of the owner of the copyright or other proprietary right.  You are not authorized to copy or adapt the HTML code that Stackpole Electronics, Inc. creates to generate its pages.  The HTML code also is protected by Stackpole Electronics, Inc.’s copyright.

Your Conduct:  Any conduct by you that in Stackpole Electronics, Inc.’s sole discretion restricts, inhibits, or otherwise interferes with any other user using or enjoying the Site is prohibited.  You agree to use the Site only for lawful purposes.  You may not use the Site in order to transmit, distribute, store, or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable.

 

No Inappropriate Commercial or Other Uses:   You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose in competition with Stackpole Electronics, Inc. or any customer of Stackpole Electronics, Inc. any portion of the Site or access to the Site.  You agree not to access the Site by any means other than through the interface that is provided by Stackpole Electronics, Inc. for use in accessing the Site.  You agree not to attempt to defeat, disable, or evade any security measures or access restrictions that may be in use in connection with the Site nor to use or access the Site in excess or outside your authorization to do so.

Prohibitions on Use – Generally: 

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting (to the extent Stackpole Electronics, Inc. allows posting of material from users).

Violations of system or network security may result in civil or criminal liability.  Stackpole Electronics, Inc. will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

Specific Prohibited Uses:  The Site may be used only for lawful purposes by current customers of Stackpole Electronics, Inc. and individuals seeking to learn more about Stackpole Electronics, Inc. and the goods and services offered by Stackpole Electronics, Inc..  Stackpole Electronics, Inc. specifically prohibits any other use of the Site.  In particular, all users agree not to use the Site in connection with any of the following:

·                    Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this site.

·                    Taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure.

·                    If you have a password allowing access to a non-public area of this Site, disclosing to or sharing your password with any third parties, using your password after you have stopped working with the company that you were working with at the time you acquired the password, or using your password for any unauthorized purpose.

·                    Deleting or revising any material submitted to Stackpole Electronics, Inc. by any other person or entity.

·                    Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than with generally available third party web browsers (e.g., Netscape Navigatorâ or Microsoft Explorerâ) or with the tools provided by Stackpole Electronics, Inc. on the Site.

·                    Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Terms of Orders:  Any orders submitted to Stackpole Electronics, Inc. through this Site are governed by Stackpole Electronics, Inc.’s Purchase Order Terms And Conditions.

Stackpole Electronics, Inc.’s Liability:  YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.  Stackpole Electronics, Inc. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED THROUGH THE SITE.  THE SITE AND MATERIAL CONTAINED ON IT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.  Stackpole Electronics, Inc. DOES NOT WARRANT THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Stackpole Electronics, Inc. IS NOT RESPONSIBLE FOR THOSE COSTS.

 

THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  Stackpole Electronics, Inc., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  Stackpole Electronics, Inc. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.   NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Stackpole Electronics, Inc. SHALL CREATE A WARRANTY.

Stackpole Electronics, Inc. makes reasonable efforts to verify the information on the Site, but it cannot assume, and explicitly disclaims, any responsibility for the accuracy, content, or availability of information found on the Site or on sites that link to or from the Site from third parties not associated with Stackpole Electronics, Inc..  Stackpole Electronics, Inc. encourages discretion when browsing the Internet using Stackpole Electronics, Inc.’s or anyone else's service.  Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, Stackpole Electronics, Inc. is not responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against Stackpole Electronics, Inc. with respect to such sites.

Disclaimer of Consequential Damages:  IN NO EVENT SHALL Stackpole Electronics, Inc. OR ANY THIRD PARTY REFERENCED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Stackpole Electronics, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability:  The aggregate liability for Stackpole Electronics, Inc. to you for all claims arising from the use of the Site or Materials is limited to $100.

Links to Other Sites:  From time to time, the Site may contain links to third party sites.  Any such links are provided solely as a convenience to you and not as an endorsement by Stackpole Electronics, Inc. of the contents on such third-party Sites. Stackpole Electronics, Inc. is not responsible for the privacy practices or content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Sites.  If you decide to access linked third party Sites, you do so at your own risk.  Your use of such sites is subject to any terms of use that may be imposed on users by the owners of the sites.  All copyrights, trademarks, and other intellectual property rights related to linked sites belong to the owners thereof, as may be indicated on the linked site, and, unless otherwise indicated on the site, Stackpole Electronics, Inc. makes no claim of ownership with respect to such intellectual property rights.

No Resale or Unauthorized Commercial Use:  You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Site.

Termination:  Stackpole Electronics, Inc. reserves the right, at its sole discretion, to pursue all of its legal remedies, including, without limitation, termination of your registration with or ability to access the Site and any other service provided to you by Stackpole Electronics, Inc. without notice, for any conduct that Stackpole Electronics, Inc., in its sole discretion, believes violates any applicable law; is harmful to the interests of another user, third parties, or Stackpole Electronics, Inc.; or breaches these Terms.  These Terms are effective until terminated by either party.  If you no longer agree to be bound by the Terms, you must cease all further use of and access to the Site, and any notification of termination or other rejection of the Terms is conditioned on such cessation. You agree that Stackpole Electronics, Inc. is not liable to you or any third party for any termination of your access to the Site.

Indemnity:  You agree to defend, indemnify, and hold harmless Stackpole Electronics, Inc., its officers, directors, employees, and agents, from and against any claims, actions, or demands, including, without limitation, reasonable attorneys’ fees, arising from or related to your use of the Material or Site, your access or connection to the Site, your violation of any rights of any party, or your breach of these Terms.  Stackpole Electronics, Inc. shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.   

General:  Stackpole Electronics, Inc. makes no claims that the Site or any Materials contained herein may be lawfully viewed or downloaded outside of the United States.  Access to the Materials may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  These Terms are governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles.  Jurisdiction and venue for any claims arising under this agreement shall lie exclusively with the state or federal courts within Wake County, North Carolina.  If any provision of these Terms is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.  Except as expressly provided herein, in additional terms of use for areas of the Site, a particular “Legal Notice,” or material on particular Web pages, these Terms constitute the entire agreement between you and Stackpole Electronics, Inc. with respect to the use of the Site.  No changes to these Terms may be made except by a revised posting by Stackpole Electronics, Inc. on this page.

Additional Terms of Use:  Certain areas of this Site may be subject to additional terms of use.  By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

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