I. Website Terms of Use

1. Access to the Site. Registration is not required to place an order or to use the Site. cutscosts offers expanded Services via the Web through a name/password protected system such as without limitation the Web Services Applications and the Services available through Project Sites.  

Your username and password are referred to as your "Identification." Your Identification must be accurate, current, and complete, and you may not provide false information to cutscosts or impersonate another individual or entity.  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. cutscosts will be entitled to monitor your Identification and, at its discretion, require you to change it.  Please contact cutscosts immediately at [email protected] if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while cutscosts strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information or other confidential or sensitive information is at your own risk.

2. Intellectual Property. The Services, the Site, and all information, Web Services Applications, Software, data, the cutscosts product database, printed and electronic documentation, content that you see, hear or otherwise experience on the Site, and all compilations thereof (the "Content") are protected by U.S. and international copyright, trademark and other laws, and belong to cutscosts or its partners, affiliates, licensors, suppliers, contributors, or third parties.

Subject to these Terms of Use, and with the exception of Software and Web Services Applications, cutscosts grants you a personal, revocable, non-exclusive, non-transferable license to use the Site, the Services and the Content and to download, print and store portions of the Content. No right, title or interest in any accessed or downloaded Content or materials is transferred to you as a result of this license. cutscosts reserves all of its intellectual property rights in any Content you access or download from the Site, subject to this limited license as set forth herein.

Software that is made available to download from the Site, excluding software that may be made available by end-users through a Communication Service, ("Software") and the Web Services Applications are the copyrighted work of cutscosts Corporation and/or its suppliers or third parties, and may be further protected by patent, trademark, trade secret or other proprietary rights. Your use of the Software and Web Services Applications is governed by the terms of their respective end user license agreements, if any, which accompanies or is included with the Software and Web Services Applications ("License Agreement"). You may not install, access or use any Software, or access or use Web Services Applications that are accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software or Web Services Applications that are not accompanied by a License Agreement, cutscosts Corporation hereby grants, to the extent cutscosts is authorized and legally able, to you, the user, a revocable, personal, non-transferable license to use the Software or the Web Services Application for viewing and otherwise using the Site in accordance with these Terms of Use, and for no other purpose. Any third party notices accompanying any Software or Web Services Applications 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 cutscosts. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. All licenses granted herein are subject to the following restrictions: (1) you may only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) you may not copy or post the Content on any network computer or transmit, distribute, publish, display, or broadcast the Content in any media; and (3) you may not modify, translate, decompile, disassemble, reverse engineer, or alter the Site or the Content in any way, or delete or change any copyright, trademark, or other proprietary notice. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR WEB SERVICES APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, Web Services Applications and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

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.

cutscosts may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.

You may not use any robot, scraper, spider, or other automated means to access or gather the Content from the Site, or mirror, co-brand, or frame the home page or any other pages of the Site on any other website or web page. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or its Content.  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 the written permission of cutscosts. This prohibition is not intended to restrict the non-commercial activities of individuals.

3. Disclaimer of Warranties. 

cutscosts and its respective suppliers make no express or implied warranties or representations with respect to the site, the services or the content, and cutscosts and its suppliers expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement with regard to the site, the services, and the content. The software and web services applications are warranted, if at all, only according to the terms of their respective license agreements, if any, and is otherwise subject to these terms of use warranty disclaimer.  cutscosts and its suppliers do not warrant that the functions performed by the site or the services will be uninterrupted, timely, secure or error-free, or that defects in the site or the services will be corrected. cutscosts and its suppliers do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the services and the content are provided "as-is" and on an "as-available" basis. cutscosts and its suppliers are not 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 site.  cutscosts and its suppliers are not responsible for any content sent using and/or included in the site by any third party. Advice received via the 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.

See the Conditions of Order for all other Warranty information related to Products including Chip Outpost Products.

4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:

a. Applications Engineering. cutscosts offers its  applications engineering solely as a convenience to cutscosts customers. cutscosts  applications engineering personnel strive to provide useful information regarding the Products. cutscosts does not guarantee that any information or recommendation provided is accurate, complete, or correct, and cutscosts 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 by cutscosts applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion. You acknowledge and agree that cutscosts may discuss the same or similar topics discussed with you with other cutscosts customers and provide the same or similar information or recommendations to other cutscosts customers. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and cutscosts does not guarantee that such information or recommendations are accurate, complete or correct.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. cutscosts therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. cutscosts does not, however, guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.

c. Third Party Links and Promotions. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by cutscosts of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that cutscosts is not responsible for the availability of any such websites and that cutscosts does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.

Any dealings with third parties (including advertisers) included within or available via a link from the 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. cutscosts is not responsible or liable for any part of any such dealings or promotions.

d. Geographic Limitations on Use. Like most Internet websites, this Site is accessible worldwide. However, not all Products or Services offered by cutscosts are available to all persons or in all geographic locations. cutscosts 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.

e. Color Display. cutscosts 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, cutscosts cannot guarantee that the color you see matches the Product color.

5. Limitation of Liability. 

In no event shall cutscosts or its suppliers be liable to you or to any third party for any direct, indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to: (ii) the site, the services, or the content, or your use of or inability to use the site, the services, or the content, (ii) any transaction or communications conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the services or the content, (iv) unauthorized access to or alteration of your transmissions or data, (v) statements or conduct of any third party on the site or the services, or (vi) any other matter relating to the site, the services, or the content; even if cutscosts or its suppliers have been advised of the possibility of such damages. Subject to the foregoing, in no event shall the liability of cutscosts and its suppliers relating in any way to the site, the services, or the content exceed $100 or the minimum amount allowable under applicable law, whichever is greater, regardless of the legal theory asserted for such liability, whether in contract, tort, warranty or otherwise.

If you are dissatisfied with the site, the services, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site, the services, and the content. 

Any cause of action against cutscosts or its suppliers with respect to the Site, the Services, or the Content must be instituted within one (1) year from the date on which the claim arose.

Some States may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.

See the Conditions of Order for all other Limitations of Liability information related to Products including Chip Outpost Products.

6. Indemnification. You understand and agree that you are personally responsible for your reliance upon any information or recommendation provided on this Site, its Content, by cutscosts applications engineering personnel, your behavior on the Site, and your Submissions. You agree to indemnify, defend and hold harmless cutscosts and cutscosts's joint venturers, business partners, licensors, employees, agents, and any third-party information, Software, Content, and Web Services Application providers to the Site and Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, your reliance upon any information or recommendation provided by cutscosts  applications engineering personnel, your submissions, or any violation by you of these Terms of Use.

7. Additional Prohibited User Conduct. You are prohibited from compromising the security or tampering with system resources and/or accounts related to the Site. The use or distribution of tools designed for compromising security (e.g., password guessing manually or through programs, cracking tools, or network probing tools) is strictly prohibited. cutscosts may monitor your use of the Site including without limitation the Services, to ensure your compliance with these Terms of Use.  If you become involved, or are suspected to have become involved, in any violation of these Terms of Use, cutscosts reserves the right to investigate your activities for its own purposes and release the details of your violations to others in cutscosts?s sole discretion, including without limitation to governmental authorities, private investigators, or other users of the Site in order to assist them in resolving security incidents.

You agree not to use the Site or any Services in any manner that violates any laws or infringes or misappropriates the intellectual property of, or interferes with the rights of, third parties.  You may not take any action that imposes, or may impose in cutscosts?s sole discretion, an unreasonable or disproportionately large load on the Site?s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any robot exclusion headers or other measures cutscosts may use to prevent or restrict access to the Site.

cutscosts reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing cutscosts to disclose the identity of anyone violating the security of the Site or these Terms of Use.

8. Use of Communication and Project Management Services.  The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, a project management platform, 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 including without limitation engaging in activity that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, ethnicity, gender, sexual orientation, physical ability, age, religion or nationality or that insults the victims of crimes against humanity by contesting the existence of those crimes.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, material, or information.

  • Upload, Display, or otherwise make available files that contain images, photos, software, object code, source code, markup language, libraries, schematics, designs, PCB design files, PCB fabrication files, or other material that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.

  • 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, software, object codes, source code, markup language, libraries, schematics, designs, PCB design files, PCB fabrication files, or photographs, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation 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.

cutscosts has no obligation to monitor the Communication Services. However, cutscosts reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. cutscosts reserves the right to terminate your access to the Site, Services, Content, and any or all of the Communication Services at any time without notice for any reason whatsoever. cutscosts 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 cutscosts's sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. Without limiting Sections 3 or 5 of these Terms of Use, cutscosts does not control or endorse the content, messages, submissions, or information found in any Communication Service and cutscosts specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service, including, without limitation, your use of any Submissions and collaborations with other users of Communication Services.

9. User Supplied Information. cutscosts does not claim ownership of the materials, including without limitation,  text, images, photos, software, object code, source code, markup language, libraries, schematics, designs, PCB design files, PCB fabrication files, or other material you or other users of Communication Services provide to cutscosts (including feedback and suggestions) or post, upload, input, or submit to the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting cutscosts, its affiliated companies and sublicensees (including without limitation any supplier of and service provider used in connection with the cutscosts, Tech-Xchange, Project Sites, or eewiki.net websites) a royalty-free, irrevocable, perpetual, worldwide license to your Submission including, without limitation, the rights to use, copy, distribute, transmit, publicly, publicly perform, reproduce, translate, reformat or otherwise edit or modify, display and create derivative works from this material, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you, and to publish your name, likeness, pseudonym, or other identifier in connection with your Submission.  Notwithstanding the foregoing, cutscosts will not use your projects submitted to Project Sites website to commercialize a product without your permission.

Submissions may be subject to posted limitations on use, reproduction, display, adaptation, and/or dissemination, and you are responsible for adhering to any such limitations.  You also are solely responsible for posting any limitations on the use of or license terms pertaining to your Submissions, which may not in any event contradict or limit these Terms of Use.

No compensation will be paid with respect to the use of your Submission, as provided herein. cutscosts is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in cutscosts'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 in and to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license you provide in these Terms of Use, and that the Submission, and the use thereof in accordance with these Terms of Use, does not and will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.