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Terms of Use Agreement

The MakerSource Terms of Use Agreement (the "Agreement") between You (either an individual or the authorized representative of a company or other entity) and Avnet, Inc. ("Avnet") regarding Avnet's MakerSource Web Portal (the "Service") and related content of Avnet and its licensors (the "Avnet Content"), available through this site (the "Site"). The Site, Service and the Avnet Content are collectively referred to as "MakerSource" for purposes of this Agreement. If You are agreeing on behalf of a company or other entity to be bound by the terms and conditions of this Agreement, You are representing and warranting that You have the authority to act on behalf of, and otherwise bind, the company or other entity. In all such cases, each reference to "You" or "Your" in this Agreement shall refer to You or to the company or other entity You represent, as applicable. Persons under the age of 18 are prohibited from using MakerSource. By Your use of MakerSource You represent that You are at least 18 years old. Avnet reserves the right in its sole discretion to change the Terms of Use Agreement at any time.

Terms and conditions for use

  1. MakerSource Users. Users of the Website, the Content, and the Services consist primarily of “Makers” and “Partners”. Makers will register for use of the Website in order to find resources, information, providers, advice, and connections within the maker community. Partners will register for use of the Website to list and describe their services and expertise. Makers and Partners are collectively MakerSource “Users” and the Agreement will apply equally to all Users.
  2. Avnet’s Role. Avnet is not a party to any agreement, understanding, purchase, or service provided by a Party to a Maker. Avnet is not an employer or joint employer of any Maker or Partner. Avnet is not responsible for the performance or non-performance, delivery or non-delivery, of any Maker or Partner. Each Partner is solely responsible for the Partner’s acts and for the acts of the Partner’s employees and agents. Each Maker is solely responsible for the Maker’s acts and for the acts of the Maker’s employees and agents. Avnet is not and will not be a party to any agreement or transaction between a Maker and a Partner and is not bound by any terms, conditions, orders, and agreements between Maker and Partner.
  3. Partner Terms. Partners are independent contractors registered with MakerSource, who provide good and services. Partners and Makers will separately agree on any work, services, or deliverables to be provided and will do so under an agreement independent from Avnet and MakerSource. Avnet may charge Partners a fee for additional uses and features of MakerSource. This fee will be based on the then current fee schedule provided to Partners separate from this Agreement. Partners will be required to enter into a separate subscription or fee agreement with Avnet.
  4. License. Conditioned upon Your acceptance of all of the terms and conditions in the Agreement, and otherwise provided to You, You are granted a limited, nonexclusive, nontransferable, non-assignable license to use MakerSource via the Site for Your internal business purposes only. You may not provide the Service or Avnet Content to any third party or otherwise make use of the MakerSource outside the limited scope of this license.
  5. Password and Security. A User or customer account is required to access certain portions of MakerSource and may be accessed and used only by those authorized individuals who are registered with Avnet. To open a User account, You must complete the registration process by providing Avnet with current, complete, and accurate information as prompted by the applicable registration form. In registering for MakerSource, You agree to submit accurate, current, and complete information about You and Your organization and promptly update such information, if applicable, or when requested by Avnet. Should Avnet suspect that such information is untrue, inaccurate, not current, or incomplete, Avnet reserves the right, but does not undertake any obligation, to suspend or terminate Your access to MakerSource or seek updated information from You.

    When you register upon your initial log-in to MakerSource, You may be asked to choose a personal, nontransferable password. Any such personal information is subject to the MakerSource Privacy Policy below and to Avnet’s Privacy Policy and Data Privacy Policy located at: http://www.avnet.com/en-us/legal/Pages/default.aspx.

    You are solely responsible for any and all activities that occur under Your account and for ensuring that You exit or log-off from Your account at the end of each session of use. If You are conducting this session on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off MakerSource and the computer system to prevent unauthorized access to Your account with Avnet. You agree to notify Avnet immediately of any unauthorized use of Your password or account or any other breach of security that is known or suspected by You.

  6. Proprietary Rights. MakerSource is proprietary and is protected via various domestic and international laws, including, without limitation, United States Copyright Law and International Treaty provisions.
    1. All material on MakerSource, including, without limitation, all informational text, design and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging design and functions, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Avnet or other parties that have licensed their material to Avnet, and are protected by copyright, trademark, trade dress and other foreign and domestic intellectual property laws. Avnet disclaims any proprietary interest in copyrights, trademarks, trade dress, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images, graphics, audio, and service marks displayed on MakerSource are the property of either Avnet or other third parties; You agree not to display or use such property without Avnet's prior written permission.
    2. The Materials on MakerSource may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior written consent of Avnet. Any modification of the Materials, use of the Materials on any networked computer environment, or use of the Materials for any purpose other than non-commercial use for Your internal business purposes, without the prior consent of Avnet, may be a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
    3. If You have properly accessed MakerSource, You may use and display the visuals, information, and documents contained in or made available through MakerSource solely for Your internal business purposes. All rights not expressly granted by Avnet to You are reserved by Avnet or its licensors.
  7. Submissions. Avnet does not accept suggestions, ideas, feedback, recommendations, concepts, posting, techniques for new services or products, or other information provided by You through MakerSource ("Submissions"). If such Submissions are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Avnet and its affiliates are under no obligation to keep such information confidential, and (c) Avnet alone shall own all right, title, and interest, including all related intellectual property rights, to any Submissions, and You agree to assign such Submissions to Avnet free of charge. Avnet may use or not use such Submissions as it deems 2 appropriate in its sole discretion. Avnet reserves the right, but not the obligation, at all times to remove any Submissions, suspend or terminate a User, or restrict access to any information or content posted or made available on MakerSource.
  8. Restrictions. You agree not to:
    1. use MakerSource for any purpose that is prohibited by any laws, rules, or regulations;
    2. upload, transmit, post, e-mail or otherwise make available to the Site, or the Service, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous or otherwise objectionable; (ii) infringes any third party's intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
    3. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on MakerSource;
    4. impersonate any person or entity, including, but not limited to, any Avnet official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    5. attempt, through any means, to gain unauthorized access to MakerSource, or another user's account on MakerSource;
    6. use any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in or through MakerSource without Avnet's prior express written permission. Systematic retrieval of data or other content from the MakerSource Site or Service to create or compile, directly or indirectly, a collection, compilation, database or directory without Avnet's prior written permission is prohibited;
    7. take any action that imposes an unreasonable or disproportionately large load on the Site's or MakerSource's infrastructure; or
    8. create liability for Avnet or cause Avnet to lose (in whole or in part) the services of its information technology partners or other suppliers.

No Warranties.

MAKERSOURCE AND ALL RELATED CONTENT AND SERVICES ARE PROVIDED "AS-IS". AVNET MAKES NO REPRESENTATIONS OR WARRANTIES THAT MAKERSOURCE OR ANY CONTENT PROVIDED ON OR THROUGH MAKERSOURCE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, COMPLETE, OR TIMELY, OR THAT MAKERSOURCE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MAKERSOURCE OR ANY CONTENT CONTAINED ON OR THROUGH MAKERSOURCE IS AT YOUR OWN DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

AVNET SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT MAKERSOURCE OR THE SITE, OR ANY USE OF SAME BY YOU.

AVNET AND ITS LICENSORS MAKE NO REPRESENTATION THAT, OR WARRANTIES THAT, MAKERSOURCE OR ANY CONTENT ON OR THROUGH MAKERSOURCE IS APPROPRIATE OR 3 AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE MAKERSOURCE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING, WITHOUT LIMITATION, EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

NEITHER AVNET, NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, AFFILIATES OR SUBSIDIARIES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS TO YOU, YOUR COMPANY, OR ANY OTHER PARTY WITH RESPECT TO MAKERSOURCE OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE IS EXPRESSLY EXCLUDED AND DISCLAIMED.

Limitation of liability.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL AVNET OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE MAKERSOURCE, EVEN IF AVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to You.

  1. Indemnification.  You hereby acknowledge and agree to indemnify and hold harmless Avnet, its licensors, and their respective affiliates, subsidiaries, assigns, officers, directors and employees from all costs and expenses (including reasonable attorneys' fees) in the event of any third-party claim relating to Your: (a) breach of any term or condition of this Agreement; or (b) Your use or misuse of MakerSource.
  2. Failure to Abide by Agreement. Avnet may, in its sole discretion, remove Your information from its database, warn Avnet's community of Your actions, issue a warning, suspend or terminate Your access to and any current activities relating to MakerSource immediately, without notice to You, and refuse to provide MakerSource to You if You breach the Use Agreement, or if Avnet is unable to verify or authenticate any information that You provide, or if Avnet believes Your actions may cause financial loss or legal liability for You, Avnet's other Makers, customers, affiliates, or Partners, or Avnet. Avnet reserves the right, in its sole discretion, to refuse access to any user at any time to MakerSource, or any MakerSource portion. You agree that Avnet will not be liable to You or any third party for any termination of Your access to MakerSource.
  3. Export. The sale, resale or other disposition of products and any related technology or documentation are subject to the export control laws, regulations and orders of the United States and may be subject to the export or import control laws and regulations of other countries. You agree to comply with all such laws, regulations and orders and acknowledge that You shall not directly or indirectly export any products to any country to which such export or transmission is restricted or prohibited.
  4. Independent Contractors. Avnet, Maker and Partner are independent contractors and agree that this Agreement does not establish a joint venture, agency relationship, or partnership between any of the parties. Nothing contained in this Agreement will be construed to establish a relationship that would allow any party to make representations or warranties on behalf of another except as expressly set forth herein.
  5. Copyright. If you believe that Your work has been copied or used in a way that constitutes infringement on Avnet's website, please provide notice to Avnet's Copyright Agent and 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; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description where the material that you claim is infringing is located on this website; (iv) your address, telephone number, and valid email address; (v) a statement made under penalty of perjury by you that the information provided in the notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

    Copyright Agent:
    Avnet, Inc.
    2211 S. 47th Street
    Phoenix, AZ 85034
    Telephone: 480-643- 2000
    Fax: 480-794- 9782
    Email: copyrightagent@avnet.com

Privacy Policy

This MakerSource™ Privacy Policy ("Policy") describes the information collection, use, sharing, and protection practices of Avnet, Inc. ("us" "we" or “our”) applicable to www.makersource.io our mobile applications, and other submissions by You to the Site. Your use of the Site constitutes Your acceptance of and consent to the terms of this Policy.

INFORMATION WE COLLECT

We collect information from a variety of sources and in a variety of ways, including without limitation, the following:

  1. Personal Information. When you visit our Site, send us an email, or otherwise use the Site or communicate with us, we may collect personal information that you voluntarily provide to us. We may also obtain personal information from third parties, including our affiliates and business partners. Personal information is information through which You can be identified such as Your name, job title, email address, postal address, date of birth, and telephone number.
  2. Transaction Information. When You make a purchase at our Site or register for an event or activity, we (or third parties acting on our behalf) may collect your credit or debit card information.
  3. Social Media Information. If You use our Site through third-party social networking sites, we may have access to and collect information associated with Your social media account such as Your name, username, email address, photograph, date of birth, and location. For information on controlling access to Your personal information through social networking sites, You should review their privacy policies and terms of use.
  4. Device and Browser Information. We may use (or authorize third parties to use) web beacons, cookies, pixel tags, and other technologies (“Tracking Technologies”) at our Site to collect information about You, Your computer, and Your mobile device. Such information may include, for example, the type of browser and operating system You are using, the type of device You are using, the domain name of Your Internet service provider, your geographic location, the pages You visit, how long You visit each page, the unique number assigned to Your server or Internet connection, links You click, and categories of search terms you enter. You can change some of Your privacy preferences through Your browser. For example, depending on the browser You use, You can delete browser cookies from Your computer or set Your browser to reject browser cookies. However, doing so may limit some functionalities of our Site. Also, blocking or deleting browser cookies may not block or delete other types of cookies including flash cookies. For additional information about browser privacy preferences, please consult the “Help” section of your browser.
USE OF INFORMATION WE COLLECT

We may use the information we collect for our own marketing and non-marketing purposes. For example, we may use Your personal information and information collected through Tracking Technologies to personalize or customize Your experience at the Site or to alert You to upcoming events. In addition, we may merge personal information with information collected through Tracking Technologies and with information we may obtain from other sources and, as a result, such information may become personal information.

SHARING OF INFORMATION WE COLLECT

We may share the information we collect with third parties for marketing and nonmarketing purposes as well as use on the Site. For example, we may share Your messages, reviews, ratings, and personal information you submit through MakerSource with our affiliates, subsidiaries and Partners for joint marketing purposes or for their own marketing purposes and for use of MakerSource. We may also share or transfer any of the information we collect, including messages, reviews, ratings and personal information you submit through MakerSource, if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use Your information in accordance with the terms of this Policy.

INFORMATION COLLECTED BY THIRD PARTIES

In situations where your personal information is collected by third parties under contract with us for performance of their contractual duties and other purposes, we require such third parties to exercise reasonable care to protect that information and restrict the use of Your personal information to the purposes for which it was provided.

Some content on our Site may be sponsored by or co-branded with third parties who may obtain personal information from You if You voluntarily participate in sponsored or co-branded activities such as sweepstakes and promotions. We are not responsible for the information collection or privacy practices of such third parties. Therefore, You should review their privacy practices carefully before participating or providing personal information to such third parties.

Third parties may also serve advertisements and use Tracking Technologies to collect information about You and Your activities at our Site such as the links you click, the advertisements you see and click, the categories of search terms you enter, etc. These companies may use the information collected at our Site and at other websites for a variety of purposes including analytics and providing advertisements about goods and services that may be of interest to you. This type of advertising customization is sometimes referred to as online behavioral advertising. For more information about online behavioral advertising and Tracking Technologies please visit http://www.networkadvertising.org/managing/faqs.asp. Please note that the use of Tracking Technologies by third parties at our Site is subject to their own privacy policies, not our privacy policy. If you would like more information about your choices concerning online behavioral advertising, including how you may opt-out of some uses of information collected by members of the Network Advertising Initiative and the Digital Advertising Alliance, see the “How to Opt-Out” section below. Our Site recognizes and honors automated do-not- track signals.

HOW TO OPT-OUT

If You do not want personal information that we collect about You to be used for our own marketing purposes or to be shared with third parties for their marketing purposes, You can optout of such use or sharing by utilizing an opt-out link that will be provided to you on the Site as well as communication preference information and choices that will provided to you on your account page and in your account preferences. Please note that even if you opt-out, we may still use or share the information we collect for non-marketing purposes such as fulfilling Your information requests and responding to Your inquiries.

You can obtain information about Your choices concerning online behavioral advertising including how You can opt-out of some uses of information collected by members of the Network Advertising Initiative that may serve advertisements at our Site by visiting http://www.networkadvertising.org/managing/opt_out.asp. We adhere to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. You can opt-out of some uses of information collected by members of the Digital Advertising Alliance by clicking the “Ad Choices” link which is on our Site and in some advertising on our Site. For further information about the Digital Advertising Alliance, please visit http://www.aboutads.info.

YOUR CALIFORNIA PRIVACY RIGHTS

California law requires certain businesses to respond to requests from California residents asking about the disclosure of personal information to third parties for their marketing purposes. Alternately, such businesses may adopt a policy of not disclosing personal information to third parties for marketing purposes if a California resident has opted-out of such information-sharing. We have an opt-out policy in place. If you wish to opt-out of our sharing your personal information with third parties for marketing purposes, please follow the “How to Opt-Out” instructions above.

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites. We are not responsible for the information collection or privacy practices of other websites. You should review the privacy policies of other websites before you visit those websites or provide any personal information.

ACCESS TO PERSONAL INFORMATION

You may access, update, and correct inaccuracies in Your personal information which is in our custody and control by emailing us at makersource@avnet.com. We may request certain personal information from You for the purposes of verifying your identity.

SECURITY

We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of personal information in our custody or control. However, we cannot guarantee that these safeguards will prevent the unauthorized access, use or disclosure of your personal information.

VISITORS OUTSIDE OF THE UNITED STATES

This Policy describes our information collection, use, sharing, and protection practices in the United States.Click here for additional details: http://www.avnet.com/en-us/Legal/Pages/data- privacy- policy.aspx

CHILDREN UNDER 13

We do not knowingly collect personal information from children under 13. If you believe that we may have collected information from a child under 13, please contact us at makersource@avnet.com.

REVISIONS TO POLICY

We may revise this Policy from time-to- time in our sole discretion. Please visit this Site and review our Policy periodically for changes. By continuing to access or use our Site after changes become 7 effective, you agree to be bound by the terms of the revised Policy.

  1. General. As used herein, terms appearing in the singular shall include the plural and terms appearing in the plural shall include the singular. Where there is a conflict between this Agreement and any written contract between You and Avnet, the terms of Your written contract with Avnet will govern. No rights, duties, agreements or obligations hereunder may be assigned or transferred by You, by operation of law, merger or otherwise, without the prior written consent of Avnet. The obligations, rights, terms and conditions in the Agreement will be binding on the parties and their respective, permitted successors and assigns. The waiver, breach, or default of any provision in the Agreement will not be deemed a waiver, breach, or default of any other provision of the Agreement. Any provision which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions in the Agreement in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. THIS AGREEMENT IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ARIZONA EXCLUDING ANY LAW OR PRINCIPLE WHICH WOULD APPLY THE LAW OF ANY OTHER JURISDICTION.
  2. Modifications. Avnet reserves the right to modify these terms and conditions at any time without prior notice. Notice of modifications may be given by posting notice of such changes on MakerSource, by electronic mail, by facsimile or by conventional mail. You agree that Your continued use of MakerSource constitutes acceptance of all of the terms and conditions, as modified.
  3. Customer Service. Any questions or comments regarding MakerSource or the terms and conditions of this Agreement may be submitted to makersource@avnet.com.
  4. Printing. You are encouraged to print a copy of the terms and conditions of this Agreement for Your records.