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SPACECRAFT COMPONENTS CORP.
TERMS OF USE
1.
ACCEPTANCE OF TERMS
Through www.spacecraft.com (the “Site”), Spacecraft
Components Corp. (the “Company”) is able to provide you with a
subscription to its Connector Identification and Selection (“CIDS”)
directory.Access to CIDS has many benefits, including
being able to identify either commercial or military part numbers and
selecting connectors through user requirements.For more information
on CIDS’ features, please click here: CIDS Features
The Company maintains the Site, CIDS and all of the
information, communications, software, applications, catalogs,
directories, lists, compilations, forms, scripting, photos, text, audio,
video, graphics, music, images, logos, button icons, and other products
and services found on the Site, existing now or hereafter modified
(collectively, the “Content”; hereinafter, all references to the “Site”
shall include the “Content”), for the use of its registered users
(collectively, the “Registered Users”; each, a “Registered User”), subject
to the following terms of use (the “Terms of Use”).
These Terms of Use govern the use of the Company’s
Site and any subscriptions to CIDS or other services purchased at or
through its Site.By accessing, viewing, browsing, using or
downloading the Content, using the Site and/or by providing any
information to the Company at or through the Site, you agree to be legally
bound by Terms of Use, the Company’s privacy policy (as defined herein)
and all other terms, conditions and notices contained or referenced in the
Site, including but not limited to registration forms, requests for
quotes, applications, confirmations, receipts and the like, existing now
or after the date of these Terms of Use.You agree to print a copy of these Terms of
Use for your files, along with copies of any changes to the Terms of Use
posted on the Site or sent to you via email in the future.
2.
AUTHORITY; REGISTERED USERS ONLY
You represent that you have the legal authority to
accept these Terms of Use on behalf of yourself, any third party you
represent, any third party to whom you provide or allow access to the
Site, or who otherwise benefits from your use of the Site.Use of this Site is
available only to those Registered Users who are authorized by the Company
and who are in compliance and agreement with these Terms of Use.
3.
SUBMISSIONS OF INFORMATION; COMPANY PRIVACY POLICY
Do not send any confidential or proprietary
information to the Company through the Site unless specifically requested
by the Company.Any unsolicited information or material sent
to the Company through the Site will be deemed NOT to be confidential or
proprietary (“non-confidential information”).By submitting
information and material to the Site, you hereby grant Company (or warrant
that the owner of such information and material has expressly granted to
the Company) an unrestricted, royalty-free, perpetual irrevocable right
and license to use, sub-license, reproduce, display, perform, modify,
adapt, publish, translate, transmit, distribute, create derivative works
of, and otherwise make available to others the non-confidential
information, and agree that the Company is free to use any ideas,
concepts, know-how or techniques that you send the Company for any purpose
and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed.You also agree that the Company is free to use
any ideas, concepts, know-how or techniques that you send to it for any
purpose.
Your personally identifiable information that you
submit to us shall be treated in accordance with our privacy policy.
4.
REGISTRATION; PASSWORDS AND SECURITY
In order to access and use the Site, the Company
requires that you register.In registering, you agree to:(a) provide
true, accurate, current and complete information about yourself and any
third party you represent as prompted by the applicable registration
form(s) and (b) maintain and promptly update the information in the
event of any changes.If you provide any information that is untrue,
inaccurate, not current or incomplete, or the Company has grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, the Company has the right to refuse any and all current or
future use of the Site (or any portion thereof) by you or any third party
you represent.
During the registration process, you will designate a
user name and password.You are responsible for maintaining the
confidentiality of the user name and password, and are responsible for all
activities that occur under your user name and password, whether or not
authorized by you.The Company will not be liable for any loss or
damage arising from your failure to comply with this Section 4.
Registered Users include and are limited to the
following types of users:
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Type of Registered User
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Definition
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OEM
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Original Equipment Manufacturers
Wire harness and cable assembly facilities
Testing companies
Consulting/engineering companies
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Government
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Armed Forces (e.g. Air Force, Army, Coast Guard, Marines, Navy, etc.) and Government Agencies (e.g., CIA, FAA,
FBI, NASA, etc.)
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Dealers or Distributors
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Companies who do not manufacture parts and who
may or may not stock parts for resale
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Connector Manufacturers
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Companies that manufacture electrical
connectors and/or associated components such as back shells,
contracts, tools, etc.
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5.
CUSTOMER AND
TECHNICAL SUPPORT
Customer service and technical support are available
between 9 a.m.- 5 p.m. Pacific Standard Time, Monday-Friday.The Company’s
number is (702) 851-7600.
6.
TYPOGRAPHICAL
AND OTHER ERRORS
Content of the Site.We endeavor to accurately update the Content
of the Site, and to describe every product or service offered for sale;
however, mistakes can sometimes be made.Any typographical, photographic or
specification error in the Content or any other communication made by the
Company is subject to correction and verification.The Content is not
warranted to be accurate or complete, and will not constitute a warranty
or representation by the Company.The Company is not responsible for any
typographical or other error in the Content nor shall it be responsible
for any harm to a Registered User, or any other customers, resulting
therefrom.The
Company is not liable to you or to any third party for any modification or
discontinuance of the Content or the removal of Content from the Site.
User Content. Certain areas of the Site allow Registered
Users to submit Registered User Applications, quote requests, email correspondence and the
like to the Company (collectively, the “User Content”).You understand and
expressly agree that the Company assumes no responsibility or liability
for any User Content and that you are solely and entirely responsible for
any User Content or any other communication by a Registered User that you
provide on the Site. By sending
User Content to or through the Site, you warrant that:(a) you are the
owner of such User Content or have been granted by the owner all the
rights necessary to submit such User Content to the Company; and
(b) such User Content will not infringe the intellectual property
rights of or otherwise violate the rights of any third party.The Company does not control the User Content you
submit and as such assumes no responsibility for the accuracy, integrity
or quality of such User Content.The Company reserves the right to remove any
User Content on the Site at any time and for any reason.The Company is not
responsible if the User Content you submit contains errors or omissions,
is offensive or objectionable, defamatory or otherwise violates any
intellectual property right or any other proprietary right of a third
party, or for loss or damage of any kind incurred as a result of such User
Content.
7.
LICENSE AND
SITE ACCESS
Subject to these terms and conditions and all
applicable laws and regulations, the Company grants you a non-exclusive,
non-transferable, personal, limited license to download, access, view, use
and display this Site and the Content, which the Company makes available
to you from time to time on the terms and conditions set forth in the
Terms of Use.This authorization is not a transfer of title
to the Site or the Content contained herein, and any downloading,
modification, reproduction, translation, adaptation, copying,
redistribution, lease, rent, loan, establishment of a hyperlink to,
disassembly, or decompilation for commercial purposes of any information
or the Content or design elements of the Site is strictly prohibited
without the prior written consent of the Company.Requests for
permission to reproduce any information contained on this Site should be
addressed to the Company [at the address provided under “contact us”
on this Site].
Notwithstanding the above, the Company authorizes you
to make one (1) electronic or paper copy of the information posted on
any page of the Site, provided that any such copy remains protected by all
copyright, trademarks, Site marks, and other proprietary notices and
legends contained on the Site.
This license does not include the right to modify
this Site, or any portion of it, except with the express prior written
consent of the Company.Any resale or commercial use of this Site or
its Contents; any collection and use of any product or service listings,
descriptions, or prices; any derivative use of this Site or its Contents;
any downloading or copying of account information for the benefit of
another merchant; or any use of data mining, robots, or similar data
gathering and extraction rules is prohibited.
You agree to all additional restrictions displayed on
the Site as it may be updated from time to time.You agree to use
this Site for lawful purposes only, and shall not post or transmit any
information or material which in any way infringes or violates the rights
of others or which is unlawful, defamatory, threatening, invasive of
privacy or publicity, obscene, scandalous, inflammatory, pornographic,
harassing or otherwise objectionable or in violation of any law.
The Company reserves the right to refuse service,
terminate accounts, or remove or edit the Content at any time without
notice in its sole discretion.The license provided to you herein shall
automatically terminate on the date you or the Company decide to terminate
the Terms of Use.In addition, your license shall terminate
immediately if you breach any of the Terms of Use.The Terms of Use do
not limit any rights that the Company may have under trade secret,
copyright, patent or other laws.
8.
OWNERSHIP
You have no ownership rights in the Site or in the
Content.Rather, you have a license to download,
access, view, use and display this Site and the Content as long as the
Terms of Use remain in full force and effect.Unless otherwise
noted, ownership of the Site and the Content and all intellectual property
rights therein shall remain at all times with the Company or its
respective owners.
9.
PROPRIETARY
RIGHTS
© Copyright 2003 Spacecraft Components Corp.All Rights
Reserved.©
Copyright 2003 spacecraft.com.All Rights Reserved.ã
Copyright 2003 CIDS.All rights reserved.You acknowledge and
agree that the Site, including all Content, is protected in the U.S.
and internationally by a variety of laws, including but not limited to,
copyright laws and treaty provisions, trademark laws and other proprietary
rights laws (collectively “Rights”).In addition to the Company’s Rights in
individual elements of the Content, the Company or its licensors own a
copyright in the selection, coordination and arrangement of the
Content.The
Company is not granting you any permission to use the Content other than
the permission expressly stated in the Terms of Use.This permission
terminates automatically if you breach any of the terms of the Terms of
Use.
All rights in the product names, company names,
trademarks, trade names, Site marks, logos, product packaging and designs
of the Company, including those found on the Site (“Company Marks”),
whether or not appearing in large print or with the trademark symbol, are
owned by the Company or by third parties and are protected under national
and international trademark and copyright laws.Registered Users are
not permitted to use the Company Marks except in accordance with their
agreements with the Company.
You agree to comply with all copyright, trademark and
other laws worldwide in your use of this Site and to prevent any copying,
reproduction, modification, distribution, displaying, performing or
transmission in violation thereof or of these terms and conditions.
10.
NOTICE OF
COPYRIGHT INFRINGEMENT
The Company respects the intellectual property of
others and asks its users to do the same. To the extent that you have provided any User
Content and if you believe that your work has been copied and is
accessible on this Site in a way that constitutes copyright infringement,
please provide the Copyright Agent (as identified below) with the
following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is
requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if
available, so that the Company may contact you if necessary;
(d) a statement that you have a good faith belief that use of the copyrighted
work is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone
authorized on the owner’s behalf to assert infringement of copyright and to
submit the statement.
The Copyright Agent for Notice of claims of copyright
infringement on the Site can be reached at [the address set forth under
“contact us” on this Site].
If the Company is notified of any claims of copyright
infringement on the Site, it may investigate the allegation and determine
in good faith and at its sole discretion whether to remove or request the
removal of the work or material.The Company has no liability or responsibility
to users for performance or nonperformance of such activities.
11.
LINKS TO
THIRD PARTY WEB SITES
The Company may provide on this Site, solely as a
convenience to its users, links to web sites operated by other
entities.If
you use these sites, you will leave this Site.If you decide to
visit any linked site, you do so at your own risk.
The Company makes no representations whatsoever about
any other web site which you may access through the Site.When you access a
non-Company web site, please understand that it is independent from the
Company, and that the Company has no control over the content on that web
site.In
addition, a link to a non-Company web site does not mean that the Company
endorses or accepts any responsibility for the content, or the use, of
such web site.It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, Trojan horses and other items of a destructive nature.The Company makes no
representation or warranty as to any third party products.
12.
INTERNATIONAL
USERS AND EXPORT RESTRICTIONS
This Site is administered by the Company from its
offices within the United States.The Company does not make any representation
that all products, services or programs, if any, are available in your
country or that materials published at this Site are appropriate or
legally available for use at locations outside of the United States.Access to such
materials from territories where their contents are illegal is
prohibited.You
may not use the Site or transfer, download or use any information or
materials in violation of U.S. laws and regulations, including those
relating to export controls.The Terms of Use are expressly made subject to
any laws, regulations, orders, or other restrictions on the export from
the United States of the Content or information about the Content that may
be imposed from time to time by the government of the United States.You shall not export
the Content or information about the Content without the consent of the
Company and compliance with such laws, regulations, orders or other
restrictions.If you access the Site from a location outside
of the United States, you are responsible for compliance with all local
laws.By your
use of this Site, you represent and warrant to the Company that you are in
compliance with all laws applicable to your use of this Site.
13.
DECISION TO
SUBSCRIBE
You are solely responsible for insuring the accuracy
and integrity of any information contained in any communication submitted
by you through this Site, including but not limited to User Content.The Company is not
responsible for your decisions to subscribe to the services on this Site,
nor is it responsible for your decisions regarding whether the
subscription is fit or appropriate for its intended use.Specification of any
and all products or services described or contained at the Site stipulate
the performance, characteristics, and functions of the described products,
and are not guarantees of performance, characteristics, and functions of
the described products.Information in the Site concerning any
products or services is for example only.The Company believes that information at the
Site is accurate and reliable, however, no guarantees are made or implied
regarding its use or any infringements of intellectual property rights or
other rights of third parties.
14.
DISCLAIMER OF
WARRANTY
THE COMPANY DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, COMPLETENESS,
OPERABILITY, AVAILABILITY, OR RELIABILITY OF, OR THE RESULTS OF THE USE
OF, RELIANCE UPON,OR OTHERWISE RESPECTING, THE SITE, THE CONTENT
OF THE SITE, OR
ANY OTHER WEB SITES LINKED TO OR FROM THE SITE, EXISTING NOW OR AFTER THE
DATE OF THE TERMS OF USE.THE SITE, THE CONTENT OF THE SITE AND LINKS
ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED.TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
15.
LIMITATION OF
LIABILITY
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN
DISCRETION AND RISK.IF YOU ARE DISSATISFIED WITH ANY OF THE
CONTENT CONTAINED IN THE SITE, INCLUDING BUT NOT LIMITED TO THE USER
CONTENT, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR DISCONTINUE
ACCESSING AND USING THE SITE.THE COMPANY DISCLAIMS ANY RESPONSIBILITY FOR
ANY RELIANCE UPON OR HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY
INFORMATION OR MATERIAL THROUGH THE SITE.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING OUT OF,RELATING TO, OR BASED UPON THE RELIANCE OF THE
USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT
NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.THE COMPANY FURTHER
DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE,
MISDELIVERY OR UNTIMELY DELIVERY OF ANY CONTENT, INCLUDING USER
CONTENT.SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
UNDER SOME CIRCUMSTANCES.BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
16.
CHOICE OF LAW
AND FORUM
The Site is controlled and operated in whole or in
part by the Company from its offices within the United States.The Terms of Use,
the Site and the Content, and any dispute between you and the Company
arising out of or related to the Terms of Use or your use of this Site
(collectively, the “Disputes”) shall be construed, interpreted and
governed by the laws of the State of California, U.S.A., without
giving effect to its conflict of laws provisions.
17.
ARBITRATION;
ATTORNEYS’ FEES AND COSTS
Any and all disputes between the parties arising
under, out of or relating to the Terms of Use, including but not limited
to its formation, validity, binding effect, interpretation, performance,
breach or termination, shall be determined by arbitration to be held in
Las Vegas, Nevada in accordance with the rules of the American
Arbitration Association then in effect.The parties may take depositions and obtain
discovery in connection therewith in accordance with the provisions of
Section 1283.05 of the California Civil Code of Civil Procedure.The prevailing party
in any arbitration or in any action at law or in equity brought to enforce
any arbitration award in accordance with Section 1285 et seq. of the
California Code of Civil Procedure shall be entitled to reasonable
attorneys’ fees, costs and necessary disbursements in addition to any
other relief to which it may be entitled.
18.
NO LIABILITY
FOR DELAY
Under no circumstances shall the Company be held
liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its reasonable
control, including but not limited to, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders
of domestic or foreign courts or tribunals, non-performance of third
parties, or loss of or fluctuations in heat, light, or air conditioning.
19.
TRANSFER
RESTRICTIONS
You shall not sublicense, transfer or assign the
Terms of Use or any of the rights or licenses granted under the Terms of
Use.Any
attempted transfer in violation of the foregoing is void.
20.
ENTIRE
AGREEMENT
These Terms of Use shall constitute the entire
agreement between the Company and you and supersede any previous oral,
written or electronic communications or documents with respect to the
subject matter herein.If any part of the Terms of Use are found
invalid or unenforceable by a court of competent jurisdiction, that
provision shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of the Terms of Use
shall continue in full force and effect.
21.
TERMINATION
The Company, in its sole discretion, may terminate
your use of the Site for any reason without prior notice. You acknowledge and agree that the Company may
immediately deactivate or delete your user account and all related
information and files in your user account and/or bar any further access
to the Site.The Company will not be liable to you or any
third-party for any termination of your access to the Site.
22.
INDEMNITY
You agree to indemnify, defend and hold harmless the
Company, its affiliates, officers, directors, employees, consultants and
agents from and against any and all claims, liabilities, damages, costs
and/or expenses (including without limitation attorneys’ fees and legal
costs) arising from your use of the Site or your violation of the Terms of
Use.The
Company reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
under this Section, and, in any event, you shall not settle any matter in
connection with the Site or the Terms of Use without the prior written
consent of the Company.
23.
NOTICES;
MODIFICATIONS TO TERMS OF USE
Notices to you may be made via either email or
regular mail.The Company reserves the right to amend the
Terms of Use at any time.You are bound by any such revisions and should
therefore periodically visit this page to review the then-current Terms of
Use to which you are bound.Your use of the Site after the posting of any
modifications to the Terms of Use will constitute your acceptance of the
Terms of Use, as modified.If, at any time, you do not wish to accept the
Terms of Use, you may not access or use the Site.
24.
SEVERABILITY
If any provision of the Terms of Use is held to be
invalid by any law, rule, order or regulation of any government or by the
final determination of any state or federal court, such invalidity shall
not affect the enforceability of any other provision of the Terms of Use.
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