Help Information

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.

The Company, in its sole discretion and without prior notice, shall have the right to refuse or cancel your CIDS 1S subscription, whether or not you have already been charged and/or paid.If your subscription is subsequently cancelled, you agree that the Company is under no obligation to issue you a credit and you agree to forfeit such amounts previously paid regardless of whether or not you receive your subscription.

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:

Type of Registered User

Definition

·          OEM

Original Equipment Manufacturers

Wire harness and cable assembly facilities

Testing companies

Consulting/engineering companies

 

·          Government

Armed Forces (e.g. Air Force, Army, Coast Guard, Marines, Navy, etc.) and Government Agencies (e.g., CIA, FAA, FBI, NASA, etc.)

·          Dealers or Distributors

Companies who do not manufacture parts and who may or may not stock parts for resale

·          Connector Manufacturers

Companies that manufacture electrical connectors and/or associated components such as back shells, contracts, tools, etc.


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, credit card information (for CIDS 1S subscribers only), 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.ă 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 Los Angeles, California 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, and regardless of whether you have already been charged.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.If you have been charged and your subscription is subsequently cancelled, you agreed that the Company is under no obligation to issue you a credit and you agree to forfeit such amounts previously paid regardless of whether or not you receive your subscription.

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.