Terms and conditions for use
MakerSource Users. Users of the Website, the Content, and the Services consist primarily of “StartUp” and “Service Provider”. Startup will register for use of the Website in order to find resources, information, providers, advice, and connections within the Startup community. Service Provider will register for use of the Website to list and describe their services and expertise. Startup and Service Provider are collectively MakerSource “Users” and the Agreement will apply equally to all Users.
Avnet’s Role. Avnet is not a party to any agreement, understanding, purchase, or service provided
by a Party to a Startup. Avnet is not an employer or joint employer of any Startup or Service Provider. Avnet is
not responsible for the performance or non-performance, delivery or non-delivery, of any Startup or
Service Provider. Each Partner is solely responsible for the Service Provider’s acts and for the acts of the Service Provider’s
employees and agents. Each Startup is solely responsible for the Startup’s acts and for the acts of the
Startup’s employees and agents. Avnet is not and will not be a party to any agreement or transaction
between a Startup and a Service Provider and is not bound by any terms, conditions, orders, and agreements
between Startup and Service Provider.
Service Provider Terms. Service Provider are independent contractors registered with MakerSource, who provide
good and services. Service provider and Startup 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 Service Provider a fee for additional uses and features of MakerSource. This fee will be based
on the then current fee schedule provided to Service Provider separate from this Agreement. Service Provider will be
required to enter into a separate subscription or fee agreement with Avnet.
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.
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
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
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.
Proprietary Rights. MakerSource is proprietary and is protected via various domestic and
international laws, including, without limitation, United States Copyright Law and International Treaty
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.
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.
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.
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
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.
Restrictions. You agree not to:
- use MakerSource for any purpose that is prohibited by any laws, rules, or regulations;
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;
alter, remove, or falsify any attributions or other proprietary designations of origin or
source of any other content appearing on MakerSource;
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;
attempt, through any means, to gain unauthorized access to MakerSource, or another
user's account on MakerSource;
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;
take any action that imposes an unreasonable or disproportionately large load on the
Site's or MakerSource's infrastructure; or
create liability for Avnet or cause Avnet to lose (in whole or in part) the services of its
information technology partners or other suppliers.
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
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
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.
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
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 Startup, customers, affiliates, or Service Provider, 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.
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
Independent Contractors. Avnet, Startup and Service Provider 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.
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
2211 S. 47th Street
Phoenix, AZ 85034
Telephone: 480-643- 2000
Fax: 480-794- 9782
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,
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.
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.
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
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 email@example.com. We may request certain personal
information from You for the purposes of verifying your identity.
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-
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 firstname.lastname@example.org.
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
effective, you agree to be bound by the terms of the revised Policy.
- 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.
- 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.
- Customer Service. Any questions or comments regarding MakerSource or the terms and conditions
of this Agreement may be submitted to email@example.com.
- Printing. You are encouraged to print a copy of the terms and conditions of this Agreement for Your