Avnet, Inc., on behalf of its subsidiaries and affiliates, including without limitation, Avnet Europe Comm. VA and Avnet EMG GmbH with their business divisions Avnet Silica, Avnet Abacus, Avnet Embedded, Avnet SCS, Avnet Israel, Avnet South Africa, EBV Elektronik, MSC Technologies and Flint (collectively, "Avnet"), operates this Site (i.e., the web site located at www.avnet-silica.com; the "Site") and related content of Avnet and its licensors. Avnet, through the Site, provides online access to information about products available from Avnet (the "Products") for commercial purposes and enables You to purchase Products online, manage Your orders and backlog, monitor the supply chain as well as design new products online (all of the aforesaid collectively referred to as the "Services").
Access to the Site
Registration is not required to access and use the Site. However, in order to access the full functionality of the Services, such as purchasing goods, Your company will need to register for an Avnet Account. Accounts are not provided to consumers and by creating or activating your an account You guarantee that You act on behalf of a company or are an independent business owner. To complete the respective registration, You are to name a, or identify Yourself as the, single and sole representative for Your company ("Customer Web Administrator") for the purposes of use of the Services. From this point on only the Customer Web Administrator will have the exclusive right to access the site and use the Services on behalf of Your company. The Customer Web Administrator can assign limited access rights to specific employees of Your company that include e.g. the right to purchase goods and view and manage past orders. The Customer Web Administrator is responsible for maintaining the confidentiality of all Accounts and passwords and for restricting access to the computers used to access the Services, and You agree to accept responsibility for all activities that occur under Customer Web Administrator´s Account or password as well as the assigned limited access Accounts. If You believe that the security or privacy of Your Accounts, passwords or other personal information has been compromised, please contact us immediately under firstname.lastname@example.org.
If and as You provide any information or materials, by upload or any other means, to the Site (User-provided Content), You guarantee Avnet that You have the right to do so and that such User-provided Content will not violate any law or the rights of any third party. If such User-provided Content is intended by You to be made available to third parties, You grant Avnet a non-exclusive, royalty-free, unlimited worldwide, irrevocable and perpetual license to host, store, display, distribute, use, modify and create derivative works from such User-provided Content as intended, in any manner or media, as whole or in part. This license subsists even if You discontinue Your use of the Services. You guarantee that You have the right to grant such license to Avnet. Avnet reserves the right to delete or otherwise remove User-provided Content at its sole discretion, e.g. if it is deemed inappropriate or inflammatory. If such User-provided Content are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Avnet are under no obligation to keep such information confidential; and (c) Avnet may use or not use such User-provided Content as it deems appropriate in its sole discretion.
Please review our Privacy Notice and Cookie Statement, which also governs Your use of the Services, to understand how we use and ensure the security of Your personal information, if and as You provide us therewith.
When You use the Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically, if and when appropriate. We will, among other means of communication, occasionally communicate with You by e-mail. In doing so, if and when we request a Message Disposition Notification or other means of notification of receipt regarding e-mails sent by us, You agree to comply with such request, which includes that You ensure that You have the capability to do so.
All information that You perceive, be it visually, acoustically or otherwise, included in or made available through the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (the "Content") is the property of Avnet or its Content suppliers and protected by Untied States or respective other applicable copyright laws. The compilation of all Content included in or made available through the Services is the exclusive property of Avnet and protected by United States or respective other applicable copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of Avnet in the U.S. and other countries. Avnet's trademarks and trade dress may not be used in connection with any product or service that is not Avnet's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Avnet. All other trademarks not owned by Avnet that appear in the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Avnet.
One or more patents owned by Avnet may apply to the Services and to the features and services accessible via the Services. Portions of the Services may operate under license of one or more patents.
Avnet respects the Intellectual Property, patents and trademarks including all similar rights of others. If You are concerned that Your work has been copied in a way that constitutes copyright infringement, please follow our Copyright Notice and Claims Policy procedure as outlined below.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY AVNET ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AVNET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVNET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVNET DOES NOT WARRANT THAT THE AVNET SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AVNET SERVICES, AVNET'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AVNET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Notwithstanding and without contradiction or limitation to the foregoing disclaimer of warranties:
Correction of errors and inaccuracies. Avnet does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure and that all information including, without limitation, prices and delivery periods are correct and free of errors, typologically or otherwise, or that defects, errors or inaccuracies in the site or the service will be corrected. Avnet does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Avnet, however, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice.
Site availability and harmlessness. Avnet does not warrant that the Site and/or all or some of its functionalities will be available to You at all times, or that such functionality will be timely, uninterrupted and error-free. Avnet furthermore disclaims all warranties that the Services, i.e. the Site and its Content, Avnet´s servers and electronic communication will be free of viruses or other harmful software or otherwise non-detrimental to Your hardware or software.
Geographic limitations. Like most Internet web sites, this Site is accessible worldwide. However, not all Products or services offered by Avnet are available to all persons or in all geographic locations. Avnet 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.
Third party links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Avnet of the third party, the third party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Avnet is not responsible for the availability of any such third party web sites and that Avnet does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon. You are solely responsible for making Your own decisions regarding Your interactions or communications with any other web site.
Infringement Disclaimer. The Content may be subject to patent, trademark, copyright, design and other rights of third parties. AVNET SHALL, OTHER THAN WITH REGARD TO THE TAKEDOWN OF ALLEGEDLY INFRINGING THIRD PARTY MATERIAL STORED ON THE SITE IN ACCORDANCE WITH AVNET´S COPYRIGHT NOTICE AND CLAIMS POLICY AS OUTLINED BELOW, NOT BE RESPONSIBLE OR LIABLE IN THE EVENT OF ANY CLAIM OF INFRINGEMENT OF ANY SUCH RIGHTS. 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.
LIMITATION OF LIABILITY
AVNET WILL IN NO EVENT, EXCEPT FOR MALICIOUS INTENT, OTHERWISE WILLFUL MISCONDUCT OR GROSSLY NEGLIGENT BEHAVIOR, BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING FROM OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION, (I) THE USE OF OR INABILITY TO USE THE SITE, ANY OF ITS FUNCTIONALITIES OR ITS CONTENT; (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, ANY OF ITS FUNCTIONALITIES OR ITS CONTENT; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE. THIS LIMITATION OF LIABILITY OCCURS EVEN IF AVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN CASE OF A VIOLATION OF A CORE CONTRACTUAL OBLIGATION, AVNET´S LIABILITY SHALL NOT EXCEED THE DAMAGES TYPICALLY AND FORESEEABLY OCCURRED IN THE RESPECTIVE INDIVIDUAL SITUATION.
NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, IN NO EVENT SHALL THE LIABILITY OF AVNET RELATING IN ANY WAY TO THE SERVICES EXCEED THE AMOUNT OF USD 50,000.-, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
Any claim with respect to the Services must be brought against Avnet within one (1) year from the date the cause of action has arisen.
Copyright Notice and Claims Policy
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Avnet´s Designated Agent (the "Copyright Agent").
Note: the following information is provided for purposes of notifying Avnet of a possible infringement of Your copyrighted material. Please refrain from using this information to contact our Copyright Agent for other purposes, such as technical assistance, piracy claims etc. Such requests cannot and will not be replied to through this process.
Notices of copyright infringement should be sent in written form to our Copyright Agent:
2211 S. 47th Street
Phoenix, AZ 85034
Telephone: +1 480-643-2000
Fax: +1 480-794-9782
The notification should include the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party").
(ii) 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.
(iii) 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.
(iv) 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.
(v) A statement that the Complaining Party has a good faith belief that use of the material in the contested manner is not authorized by the copyright owner, its agent, or the law.
(vi) 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 (i) through (vi) above, Avnet shall:
(i) remove or disable access to the material that is alleged to be infringing;
(ii) forward the written notification to such alleged infringer ("Subscriber");
(iii) take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to the Avnet´s Designated Agent that includes substantially the following:
(i) A physical or electronic signature of the Subscriber;
(ii) 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;
(iii) 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;
(iv) 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 Avnet 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, Avnet shall:
(i) promptly provide the Complaining Party with a copy of the Counter Notification;
(ii) inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
(iii) 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 Avnet'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 Avnet's network or system.