Terms & Conditions
Please read these terms and conditions of use carefully before using or obtaining any materials, information, products or services through this site. By accessing, using or obtaining any content, data, materials, information, products or services through the Octopart website ("Our Website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these terms, then please do not use Our Website.
We recommend you print out a copy of these terms and conditions for your future reference.
1. What is ours
We, along with the listed distributors and manufacturers (the "Other Guys"), own Our Website and all of the text, images, software, trademarks, service marks or other material contained on Our Website (the "Good Stuff"). You will not copy or transmit any of the Good Stuff, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Good Stuff as presented at Our Website must appear on all copies you print. Octopart, Octopart.com, PartList, The most exciting development in electronic parts search since Shockley was found doping silicon are trademarks or registered trademarks of Octopart, Inc. Other product, service, or company designations on Our Website belong to the Other Guys and may be mentioned in Our Website for identification purposes only. You should contact the appropriate Other Guys for more complete information regarding such designations and their registration status. Your use of and access to Our Website do not grant you any license or right to use any of the marks included on Our Website.
Where the data comes from
Octopart has an authorized relationship with all distributors featured on the site except for Allied Electronics, Digi-Key, H&R and Mouser. Data from Allied Electronics, Digi-Key, H&R and Mouser are aggregated from public sources. All other data is obtained from direct data feeds provided by each distributor.
2. How to use us
This Website is intended for personal and commercial use. If you join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you and anyone using your password and login information (with or without your permission). You agree not to use Our Website for any purpose that is unlawful, illegal or forbidden by these Terms, and if you are lucky enough to be visiting Our Website from London, Paris, Mumbai, Barcelona or any other fabulous destination, that includes any local laws that might apply to you. We’re running Our Website in the United States, so remember that by using Our Website, we need you to agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of Octopart:
(i) access the Good Stuff with any manual or automated process for any purpose other than your personal use or for inclusion of Octopart pages in a search index;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website (including, without limitation, the purchase path for any search services) for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
3. Privacy Policy
Our goal is to make Octopart the most trusted site in online part search. To do this, we need your help, so any suggestions for improvement can be sent to us directly via email or a feedback form.
Octopart is a search engine that helps you find electronic parts. We search the web for information about parts, components and devices; and then you go directly to a part supplier's website to make your purchase. So, this means we do not take your credit card information and we do not take your hard earned money. Registration on Octopart is strictly voluntary. You do get some cool information and access to certain great features if you do register, but membership is not necessary to use our search functions.
Personally Identifiable Information
Octopart collects personally identifiable information (PII, or "Your Info") that you provide to us. This includes (at your discretion) your name, an email address, and a password. Our software uses the PII to personalize and manage the Octopart website for you. For example, our site stores your favorite parts. If you do decide to give us this information, you are telling us that this information is both true and accurate. Also, you are telling us that you have the authorization to provide us with that information.
In order to make our site more efficient, we may also collect certain non PII information (such as destination or site usage behavior) based on your use of Octopart. We may use this information to display information that you find interesting and suppress information that you might find boring or annoying. For example, we might show you search suggestions or part suggestions.
To help us debug problems with our software (rare as they are), we may collect some technical information from your browser software (such as Mozilla Firefox or Internet Explorer), screen resolution and the website that referred you to us.
We'll Keep You In The Loop
The addition of your email address to your settings allows Octopart the chance to email you a new password in case you forget or lost your old one. This is perfectly OK and happens to the best of us, particularly those of us that are incredibly busy. If you do register with us, Octopart will save your information and recognize you regardless of where you login from. So if you are visiting friends and using their computer, we'll know it's you and display your searches and preferences when you do login.
In This Case Sharing Is Not Caring
What's yours is yours. The PII that you chose to share with us is not going anywhere off of our site. We won't sell your PII to anyone. There might be one exception in the event Octopart itself is sold. In this case we would transfer your PII to our buyers so that they could continue to provide the same great Octopart service.
PII which you chose to share using our publish or embed feature will become publicly accessible. By chosing to make this information public, you release Octopart from any responsibility regarding personal information which you make public yourself.
Octopart occasionally will share aggregated usage information with others. This type of information does not contain your identity or anything personally identifiable to you.
If The Police Come Knocking At Our Door
Octopart may disclose to authorized law enforcement personnel the personal data from anyone who poses a threat to our interests. This might include those that are attempting to commit fraud or those who conduct activities that could bring harm to others. We assume that this is not you so please don't worry.
Protecting Your Information
Octopart has a sophisticated security program intended to keep the information stored in our systems protected from unauthorized access. We store your information in secure data centers located in the United States. Our systems are configured with data encryption, or scrambling technologies and firewalls constructed to the highest industry standards. We also use Secure Socket Layer (SSL) technology that protects the data you send over the Internet.
Cookies Policy
When you visit Octopart we may store information about your web session and assign you one or more 'cookies'. Your browser will store these cookies on you computer in a small text file. For example, when you decide to login as a Octopart member, we store encrypted information in your browser so you don't have to login on every page.
Permanent cookie files remain on your computer's hard drive until you delete them manually using your browser or operating system software. You can enable your browser to refuse cookies, but doing so may disable access to some services and tools that we offer.
Every Website Has Its Own Voice and Policies
Although we work with responsible third parties, their business policies may include different privacy policies and practices than we have. So when you click through to third party website, our privacy policies no longer apply. We encourage you to read the privacy policies of these partner websites.
Big Kids Only Please
Octopart does not knowingly collect PII information from people under the age of 18. If we become aware of the fact that a minor is attempting to submit this information, we will inform the minor that he or she is ineligible to do so. We will then remove this information from our records.
Should this Policy Change
Octopart reserves the right to modify this privacy statement at any time. If there are material changes to this statement on how Octopart will use your PII, we will prominently post these changes prior to implementing them. If you use our website after we post these changes, this indicates your acceptance of them. Regardless of later updates, we will follow the privacy practices described in this privacy statement at the time you provided us with your information. If you have questions about our privacy policies, please send feedback.
4. Warranty Disclaimer
Our Website and all content and services provided on Our Website are provided on an "as is" and "as available" basis. Octopart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. Octopart makes no warranty, and expressly disclaims any obligation, that: (a) Our Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of Our Website or any services offered through the site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations.
5. Limitation of Liability
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Website or your downloading of any content from Our Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any use of Our Website or content, (ii) any failure or delay (including without limitation the use of or inability to use any component of this Website for reservations or ticketing), or (iii) the performance or non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
6. Protecing Us
Subject to these terms and conditions, you will defend, indemnify and hold us and the Other Guys, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to Our Website or the Good Stuff.
7. The Other Guys
Octopart’s display on or through the website of products offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of Octopart by any such Other Guy or any affiliation between any such Other Guy and Octopart. Octopart’s display of specific options does not suggest a recommendation by Octopart of the Other Guys or their products. You agree that Octopart is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Other Guys. Your interaction with any Other Guy accessed through Our Website is at your own risk, and Octopart will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Other Guys or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Other Guys.Furthermore, Our Website may contain links to other Websites that we do not operate or control and for which we are not responsible ("Other Websites"). We provide these links for your reference and convenience and do not endorse the contents of Other Websites. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to Our Website.
You agree to abide by the terms or conditions of purchase imposed by any Other Guy with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Other Guy with whom you elect to deal, including terms or condition of purchase set forth in an air carrier's fare rules or contract of carriage.
8. Everything else
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on Our Website at least ten (10) days before any modification becomes effective. Your continued use of Our Website following the posting of notice of any modification will be subject the Terms in effect at the time of your use. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website. Other terms and conditions may apply to search functions through Our Website, the Other Guys' websites, and to your use of other portions of Our Website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website, and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. The laws of the State of Delaware (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website or these Terms, you agree to file such action only in the state and federal courts located in Dover, Delaware (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
9. We want to hear from you
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Octopart programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Octopart.
Last updated: Wednesday, 30-Apr-2008 10:36:05 EST
