Digi-Key Web Site Terms of Use and Conditions of Order
By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). By ordering Products, you agree to the Terms of Use, as well as the Conditions of Order, set forth below. These Terms of Use, together with the Conditions of Order, are referred to as this "Agreement."
1. Access to the Site. Registration is not required to place an order or use any of
Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact
2. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other Web site or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.
3. Disclaimer of Warranties.
This Disclaimer of Warranty is not applicable to Chip Outpost products which are sold subject to the Limited Warranty set forth in Section 16 of the Conditions of Order below.
Your obligations and
4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:
a. No Use as Critical Components. Products sold by
Digi-Key are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND THEDIGI-KEY PARTIES AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.b. Technical Assistance and Design Support Services.
Digi-Key offers its Technical Assistance and Design Support Services solely as a convenience toDigi-Key customers.Digi-Key Technical Assistance and Design Support Services personnel strive to provide useful information regarding the Products.Digi-Key does not guarantee that any information or recommendation provided is accurate, complete, or correct, andDigi-Key shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided byDigi-Key Technical Assistance and Design Support Services Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.c. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current.
Digi-Key therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice.Digi-Key does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.d. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by
Digi-Key of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree thatDigi-Key is not responsible for the availability of any such Web sites and thatDigi-Key does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You need to make your own decisions regarding your interactions or communications with any other Web site.e. Geographic Limitations on Use. Like most Internet Web sites, this Site is accessible worldwide. However, not all
Digi-Key products or services are available to all persons or in all geographic locations.Digi-Key reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.f. Color Display.
Digi-Key attempts to display as accurately as possible the colors of the products shown on the Site. However because the colors you see will depend on many factors, including your monitor or printer,Digi-Key cannot guarantee that the color you see matches the product color.g. Infringement Disclaimer. The Products may be subject to patent, trademark, copyright, design and other rights of third parties.
Digi-Key shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided byDigi-Key to you subject to the copyright and user license, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
5. Limitation of Liability. IN NO EVENT SHALL ANY OF THE
IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Any cause of action against any of the
6. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by
7. User Conduct. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. Except as otherwise authorized by
8. User Supplied Information. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give
9. Force Majeure.
10. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by
11. Changes to the Agreement.
12. Digi-Key TechXchange Service Agreement
The DIGI-KEY TECHXCHANGE Web Site is comprised of various Web pages and services operated by Digi-Key Corporation ("Digi-Key") (collectively, the "Digi-Key TechXchange Web Site").
The Digi-Key TechXchange Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Digi-Key TechXchange Web Site constitutes your agreement to all such terms, conditions, and notices. The Digi-Key TechXchange Web Site may also contain additional terms that govern particular features or offers ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Digi-Key TechXchange Web Site, then these terms shall control.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
MODIFICATION OF THESE TERMS OF USE
Digi-Key reserves the right to change the terms, conditions, and notices under which the Digi-Key TechXchange Web Site is offered, including but not limited to the charges, if any, associated with the use of the Digi-Key TechXchange Web Site. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement.
LINKS TO THIRD PARTY SITES
The Digi-Key TechXchange Web Site may contain links to or feeds from other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Digi-Key and Digi-Key is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Digi-Key is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Digi-Key of the site or any association with its operators.
Any dealings with third parties (including advertisers) included within or available via a link from the Digi-Key TechXchange Web Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Digi-Key shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Digi-Key TechXchange Web Site, you warrant to Digi-Key that you will not use the Digi-Key TechXchange Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Digi-Key TechXchange Web Site in any manner which could damage, disable, overburden, or impair the Digi-Key TechXchange Web Site or interfere with any other party's use and enjoyment of the Digi-Key TechXchange Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Digi-Key TechXchange Web Site.
USE OF COMMUNICATION SERVICES
The Digi-Key TechXchange Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Use any material or information, including images or photographs, which is made available through the Digi-Key TechXchange Web Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
Digi-Key has no obligation to monitor the Communication Services. However, Digi-Key reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Digi-Key reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Digi-Key reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Digi-Key's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Digi-Key does not control or endorse the content, messages or information found in any Communication Service and, therefore, Digi-Key specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DIGI-KEY OR POSTED AT ANY DIGI-KEY TECHXCHANGE WEB SITE
Digi-Key does not claim ownership of the materials you provide to Digi-Key (including feedback and suggestions) or post, upload, input or submit to any Digi-Key TechXchange Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Digi-Key, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, and the right to sublicense such rights to any supplier of the Digi-Key TechXchange Web Site. No compensation will be paid with respect to the use of your Submission, as provided herein. Digi-Key is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Digi-Key's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE ON THE DIGI-KEY TECHXCHANGE WEB SITE
Software and content (if any) that is made available to download from the Digi-Key TechXchange Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of Digi-Key Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Digi-Key Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Digi-Key TechXchange Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any third party notices accompanying any Software are provided for informational purposes only. No other rights or licenses whether express or implied, including without limitation any implied patent licenses, are granted by Digi-Key. Software is owned by Digi-Key and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DIGI-KEY TECHXCHANGE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGI-KEY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DIGI-KEY TECHXCHANGE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DIGI-KEY TECHXCHANGE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DIGI-KEY CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE DIGI-KEY TECHXCHANGE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGI-KEY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT DIGI-KEY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE DIGI-KEY TECHXCHANGE WEB SITE. YOU SPECIFICALLY AGREE THAT DIGI-KEY IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT DIGI-KEY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE DIGI-KEY TECHXCHANGE WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL DIGI-KEY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE DIGI-KEY TECHXCHANGE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE DIGI-KEY TECHXCHANGE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DIGI-KEY TECHXCHANGE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE DIGI-KEY TECHXCHANGE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DIGI-KEY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DIGI-KEY TECHXCHANGE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGI-KEY TECHXCHANGE WEB SITE.
TERMINATION/ACCESS RESTRICTION
Digi-Key reserves the right, in its sole discretion, to terminate your access to any or all Digi-Key TechXchange Web Site and the related services or any portion thereof at any time, without notice.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If you live in or your business is incorporated in the United States of America then claims for breach of this contract will be subject to the laws of the State of Minnesota, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. If you are not a resident of the United States, all claims will be subject to the laws of the State of Minnesota, without reference to the U.N. Convention on Contracts for the International Sale of Goods. You consent to the exclusive jurisdiction and venue of state and federal courts in Minneapolis, Minnesota, USA for all disputes relating to this contract or the Service.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Digi-Key as a result of this agreement or use of the Digi-Key TechXchange Web Site. You agree to indemnify and hold Digi-Key, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Digi-Key TechXchange Web Site. Digi-Key reserves the right to disclose any personal information about you or your use of the Digi-Key TechXchange Web Site, including its contents, without your prior permission if Digi-Key has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Digi-Key or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Digi-Key's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Digi-Key's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Digi-Key TechXchange Web Site or information provided to or gathered by Digi-Key with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Digi-Key with respect to the Digi-Key TechXchange Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Digi-Key with respect to the Digi-Key TechXchange Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Digi-Key Corporation
Name of Agent Designated to Receive Notification of Claimed Infringement: Anthony B. Harris
Full Address of Designated Agent to Which Notification Should be Sent: 701 Brooks Avenue South, Thief River Falls, MN 56701 USA
Telephone Number of Designated Agent: 1-800-344-4539 or 218-681-6674
Facsimile Number of Designated Agent: 218-681-3380
Email Address of Designated Agent: CopyrightClaims@DIGIKEY.COM
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
- Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
Conditions of Order
All orders placed with
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment and/or shipping address before processing your order. Your placement of an order with
2. Quantity Limitations.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that
4. Currency Information. This Web site is designed exclusively for Luxembourg and purchases in the euro (EUR). For orders to destinations other than Luxembourg and/or in currencies other than EUR, please use
5. Pricing and Product Information. With the exception of Products that are designated as Chip Outpost Products,
6. Payment.
Credit Application. To obtain a credit application for open account credit, contact any sales representative by Freephone 800-24-398; or by fax to +31-53-484-9583. Or, you may download a credit application. Please allow sufficient time for the credit approval process. To avoid delay on your initial order you may elect an alternative payment method.
7. Shipping Charges. Click here to see if your purchase will qualify for free shipping. To the extent your purchase does not qualify for free shipping, shipping charges are prepaid and added to the invoice. (DDP as defined by INCOTERMS 2000.) Any applicable shipping charges are from
8. Handling Charge. There is no minimum order or handling fee.
9. Taxes. Prices shown do not include any federal, state or local taxes, or any other taxes imposed by any government authority, including, without limitation, sales, use, excise, VAT or similar taxes. Any applicable VAT will be due at time of delivery.
10. Late Payments. You shall pay
11. Out of Stock. If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. There will be no shipping charge for one subsequent shipment. Backorders will be held based on your request. The provisions of this Section do not apply to Products that are designated as Chip Outpost Products.
12. Export Compliance. In addition to the United States and its territories,
13. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a
14. Return Policy. In most cases,
To facilitate processing of returned merchandise:
- Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning product.
- For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number and a brief explanation of the reason for the return, and be in original packaging and in resalable condition.
- Products returned solely due to customer error may be subject to a restocking charge.
- To the extent that
Digi-Key purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
- Mil-Spec product purchased from
Digi-Key is non-cancelable and non-returnable.
- "Not-In Catalogue Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable, including Products designated as Chip Outpost (see Section 16 below).
- Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a
Digi-Key Customer Service representative for details.
By returning a Product to
15. Chip Outpost. Chip Outpost Products are excess inventory products. Chip Outpost Products include, without limitation, excess electronic components that are provided directly from the Product supplier or as part of a supplier-authorized channel return from a franchised distributor.
16. Chip Outpost Limited Warranty. This limited warranty applies only to products designated by
a. Exercising this Limited Warranty. As your exclusive remedy for any breach of this limited warranty,
b. Third Party Testing.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS Section 16, (i)
(i). Technical Assistance and Design Support Services.
Digi-Key offers its Technical Assistance and Design Support Services solely as a convenience toDigi-Key customers.Digi-Key Technical Assistance and Design Support Services personnel strive to provide useful information regarding the Chip Outpost Products.Digi-Key does not guarantee that any information or recommendation provided is accurate, complete, or correct, andDigi-Key shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided byDigi-Key Technical Assistance and Design Support Services Personnel, and any reliance on such information or recommendation is at your sole risk and discretion.(ii). No Other Warranties. Except for a duly-authorized officer of
Digi-Key in writing, no employee or agent ofDigi-Key or any other party is authorized to make any warranty in addition to those made herein.
d. Limitation of Liability. IN NO EVENT SHALL ANY OF THE
e. Dispute Resolution; Limitation on Actions. Any and all disputes relating to any Chip Outpost Product (collectively, "Disputes") shall be venued in a state or federal court situated in Minneapolis, Minnesota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. Any cause of action against any of the
© 2012,
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to international.customerservice@digikey.com.

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