WHAT INFORMATION DO WE COLLECT?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, phone number or State/province and country. You may, however, visit our site anonymously.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the information we collect from you may be used in one of the following ways:
+ To personalize your experience (your information helps us to better respond to your individual needs)
+ To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
+ To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
+ To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
+ To administer a contest, promotion, survey or other site feature
+ To send periodic email. The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
HOW DO WE PROTECT YOUR INFORMATION?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
THIS WEBSITE USES GOOGLE AD WORDS
DO WE DISCLOSE INFORMATION TO OUTSIDE PARTIES?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
THIRD PARTY LINKS
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
TERMS AND CONDITIONS
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://www.robotican.net/terms-of-service/
DATE OF LAST MODIFICATION
April 03, 2018
RoboTiCan operates and a portfolio of other websites, including without limitation the RoboTiCan website, and webstores that may be branded using the names of other entities and embedded in the websites of those other entities (collectively the “Site”) that provide online access to information about products, including without limitation Chip Outpost products, available from RoboTiCan (the "Product(s)"), facilitate project sharing and management, provide access to applications engineering services about Products, and facilitate transactions for the purchase of Products by itself and in conjunction with third party applications using proprietary RoboTiCan web services (“Web Services Applications”), and in conjunction with third parties and their websites through RoboTiCan provided webstores (collectively the "Services").
1. Access to the Site. Registration is not required to place an order or to use the Site. RoboTiCan 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 the maker.io website.
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 RoboTiCan 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. RoboTiCan will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact RoboTiCan immediately at 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 RoboTiCan 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 RoboTiCan 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 RoboTiCan or its partners, affiliates, licensors, suppliers, contributors, or third parties.
No other rights or licenses whether express or implied, including, without limitation, any implied patent licenses, are granted by RoboTiCan. 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 Israel. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Israel 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.
RoboTiCan may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.
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. RoboTiCan offers its applications engineering solely as a convenience to RoboTiCan customers. RoboTiCan applications engineering personnel strive to provide useful information regarding the Products. RoboTiCan does not guarantee that any information or recommendation provided is accurate, complete, or correct, and RoboTiCan 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 RoboTiCan applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion. You acknowledge and agree that RoboTiCan may discuss the same or similar topics discussed with you with other RoboTiCan customers and provide the same or similar information or recommendations to other RoboTiCan customers. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and RoboTiCan 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. RoboTiCan therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. RoboTiCan 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 RoboTiCan of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that RoboTiCan is not responsible for the availability of any such websites and that RoboTiCan 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. RoboTiCan 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 RoboTiCan are available to all persons or in all geographic locations. RoboTiCan 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. RoboTiCan 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, RoboTiCan cannot guarantee that the color you see matches the Product color.
5. Limitation of Liability. IN NO EVENT SHALL ROBOTICAN 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 ROBOTICAN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ROBOTICAN 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.
Any cause of action against ROBOTICAN 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.
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 RoboTiCan’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 RoboTiCan may use to prevent or restrict access to the Site.
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.
9. User Supplied Information. RoboTiCan 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 RoboTiCan (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 RoboTiCan, its affiliated companies and sublicensees (including without limitation any supplier of and service provider used in connection with the RoboTiCan website) 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, RoboTiCan will not use your projects submitted to the maker.io website to commercialize a product without your permission.
10. Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, Israel Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR ENGINEERING ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): RoboTiCan
Name of Agent Designated to Receive Notification of Claimed Infringement: Bustan Ofir
Full Address of Designated Agent to Which Notification Should be Sent: Building 8D, Omer Industrial Park, Omer Israel, 8496500.
Telephone Number of Designated Agent: +972-508650450
Email Address of Designated Agent:
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
Service Provider shall remove or disable access to the material that is alleged to be infringing;
Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of Israel, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system
The English version of these Terms and Conditions shall prevail wherever there is a discrepancy between the English version and any other language version.
© 2018, RoboTiCan Corporation. All rights reserved.
II. Conditions of Order
All orders placed with RoboTiCan, including those for Chip Outpost Products and through any webstore that may be branded using the names of other entities and embedded in the websites of those other entities, are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of these Conditions of Order will prevail and such terms will be the sole terms governing the order.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with RoboTiCan is an acceptance of RoboTiCan’s offer to sell our Products, subject to availability and pursuant to the terms contained in these Conditions of Order. RoboTiCan, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If we decline to complete your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. RoboTiCan may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. RoboTiCan may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that RoboTiCan will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of RoboTiCan.
4. Pricing and Product Information. With the exception of Products that are designated as Chip Outpost Products, RoboTiCan purchases all Products directly from their respective original manufacturer. RoboTiCan purchases Chip Outpost Products directly from their respective original manufacturer or resellers authorized by the manufacturer.
RoboTiCan makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to RoboTiCan 's completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with RoboTiCan, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, RoboTiCan will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
5. Payment. RoboTiCan offers the following payment methods:
We prepaid by wire transfer as well as open account credit to qualified institutions and businesses. Payment must be made in the currency in which the order was placed.
For Other International customers: Except as otherwise provided on the Site, we prepaid by wire transfer, cashier's check in U.S. funds, as well as open account credit to qualified institutions and businesses. We cannot accept personal checks or certified personal checks. Money orders can result in significant delays. Use of Letters of Credit must be approved in advance by RoboTiCan 's Accounting Department.
Note: Calls to RoboTiCan may be monitored and recorded for quality assurance purposes.
6. Shipping Charges. Except as otherwise provided on the Site, (1) shipping or freight charges and insurance will be paid by the customer*, (2) all sales are made FOB RoboTiCan 's warehouse in Beer-Sheva Israel and (3) shipping or freight charges from RoboTiCan 's warehouse in Building 8D, Omer Industrial Park, Omer Israel, 8496500 are prepaid and added to the invoice, billed collect or billed to a third party.
* When a check or money order accompanies your order, RoboTiCan pays all shipping and insurance (our choice for method of shipping) to all addresses in the U.S. and Canada.
Shipments of excessive weight or size may require additional charges. RoboTiCan will notify you prior to shipment if these conditions exist.
For International Shipments: Availability of ship methods is dependent on the destination country. Except as otherwise provided on the Site, (1) the shipping costs will be prepaid and added to your order, and (2) all import licenses, duties, tariffs, taxes and brokerage fees will be your responsibility. I
7. Handling Charge. There is no minimum order or handling fee.
8. Taxes. Except as otherwise provided on the Site, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. -Key charges sales tax unless you have a valid sales tax exemption certificate on file with RoboTiCan. RoboTiCan will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and RoboTiCan is required to pay tax on your purchase, you will reimburse RoboTiCan for the amount of such tax, and RoboTiCan's reasonable expenses incurred in connection with the payment and collection of such tax. e-mail your resale certificate and customer number to:
9. Late Payments; Dishonored Checks. You shall pay to RoboTiCan all costs incurred by RoboTiCan in collecting on any dishonored check or on any past due amount from you, including all court costs, collection costs, and attorney's fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay RoboTiCan $20.00 as a service charge (if the check cannot be redeposited) .
10. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the Site, additional shipping charges will apply to each shipment. Backorders will be held based on your request. The provisions of this Section 10 do not apply to Products that are designated as Chip Outpost Products (see Sections 14 and 16 below regarding Chip Outpost Products).
11. Export Compliance. In addition to Israel , RoboTiCan accepts international orders. Some Products may not be available for shipment outside Israel. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of Israel. You agree to comply with all applicable export control laws, restrictions, regulations and orders of Israels or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of Israel or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.
12. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a RoboTiCan Customer Service representative immediately to initiate a claim.
13. Return Policy. In most cases, RoboTiCan will accept merchandise returns subject to the terms outlined in this Section 13 and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).
For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
All ESD sensitive devices will undergo incoming inspection, utilizing RoboTiCan 's ESD Work Instructions and the most recent version of the ANSI/ESD S20.20 standard. ESD product that has not been handled according to the standard will not be eligible for credit.
Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.
Products returned solely due to customer error may be subject to a restocking charge.
To the extent that RoboTiCan purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
A Mil-Spec Product purchased from RoboTiCan is non-cancelable and non-returnable.
"Not-In Catalogue Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable, including Products designated as Chip Outpost Products, except for the Chip Outpost Limited Warranty (see Section 16 below).
Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a contact us for details.
By returning any product to RoboTiCan, you represent and warrant that the returned product was purchased from RoboTiCan, is not counterfeit or otherwise non-conforming, and does not violate the RoboTiCan Counterfeit Policy. You also agree that RoboTiCan may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event RoboTiCan determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, RoboTiCan may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.
14. Chip Outpost. Chip Outpost Products are excess inventory products. Chip Outpost Products include, without limitation, excess electronic components that are provided directly from the Product supplier or as part of a supplier-authorized channel return from a franchised distributor. RoboTiCan believes that Chip Outpost Products are high-quality; however, these products may include certain imperfections, including, but not limited to, aged date codes, or may have been discontinued and/or obsoleted by the manufacturer. Chip Outpost Products quantities are limited and are not available for backorders. MANUFACTURERS' WARRANTIES DO NOT APPLY TO CHIP OUTPOST PRODUCTS. ALL SALES OF CHIP OUTPOST PRODUCTS ARE FINAL. If you purchase a Product designated as a Chip Outpost Product, you understand that the Product is obtained by RoboTiCan on a non-cancelable/non-returnable basis; therefore, your purchase of a Product designated as a Chip Outpost Product is Non-Cancelable/Non-Returnable, except for the Chip Outpost Limited Warranty (see Section 16 below).
15. No Use as Critical Components or QPL Components. Products sold by RoboTiCan are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. In addition, you acknowledge that RoboTiCan is not on the Qualified Manufacturers List ("QML"), and does not sell Qualified Product List ("QPL") components for military applications. Any references to QPL or military specifications are for reference only, and any sales of such products by RoboTiCan are for non-military use only. You agree that all such purchases are for commercial or other applications that do not require QPL components. YOU AGREE TO INDEMNIFY AND DEFEND ROBOTICAN AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
16. Product Warranty.
a. General Product Limited Warranty. ALL PRODUCTS ARE SOLD ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. RoboTiCan agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties RoboTiCan receives from manufacturers with respect to the Products sold by RoboTiCan to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING ROBOTICAN. MANUFACTURERS' WARRANTIES DO NOT APPLY TO CHIP OUTPOST PRODUCTS AND INSTEAD PRODUCTS PURCHASED THROUGH CHIP OUTPOST ARE SUBJECT TO THE SEPARATE CHIP OUTPOST LIMITED WARRANTY SET FORTH IN THIS SECTION 16. ON CERTAIN SPECIALLY ADVERTISED INVENTORY ITEMS, THERE ARE NO MANUFACTURER OR ROBOTICAN WARRANTIES OF ANY TYPE, AND SUCH PRODUCTS ARE SOLD ONLY IN LIMITED QUANTITY AND NO BACKORDERS OR RETURNS OF SUCH PRODUCTS ARE AVAILABLE.
b. Chip Outpost Limited Warranty. This limited warranty applies only to Products designated by RoboTiCan, on the Site or otherwise, as Chip Outpost products (the "Chip Outpost Products"). If you elect to purchase any Chip Outpost Product RoboTiCan warrants solely to the original purchaser of the Chip Outpost Product from RoboTiCan, that the Chip Outpost Product will be free from defects in materials and workmanship for three (3) years from the original invoice date of such Chip Outpost Product (the "Chip Outpost Limited Warranty Period"). The limited warranty does not apply to any product (i) that has been subject to abuse, misuse (including, without limitation, static discharge), neglect, accident or modification, (ii) is otherwise not capable of being tested, (iii) has been installed in an unsuitable installation environment for the product, (iv) has been used for purposes other than for which it was designed, or (v) has been damaged by fire, flood, wind, lightening or similar causes.
Exercising this Limited Warranty. As your exclusive remedy for any breach of this limited warranty, RoboTiCan shall promptly, at RoboTiCan 's option, (i) replace any Chip Outpost Product that does not conform to this limited warranty or (ii) refund to you the purchase price of the defective Chip Outpost Product; provided, however, that these remedies are conditioned on your returning the Chip Outpost Product during the Chip Outpost Limited Warranty Period, or within ten (10) days thereafter, along with a written description of the claimed defect(s), in accordance with RoboTiCan 's Return Policy (see Section 13 above).
Third Party Testing. RoboTiCan reserves the right to have an independent third party examine and test any Chip Outpost Product that is allegedly defective to determine whether such product is, in fact, defective. The conclusion of such independent third party shall be conclusive, final and binding on you and RoboTiCan.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 16, (i) ROBOTICAN MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) ROBOTICAN EXPRESSLY DISCLAIMS 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 PRODUCTS. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. RoboTiCan shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by RoboTiCan to you subject to any and all applicable intellectual property rights and user licenses. 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. Without in any way limiting the generality of the foregoing:
Applications Engineering. RoboTiCan offers its applications engineering solely as a convenience to RoboTiCan customers. RoboTiCan applications engineering personnel strive to provide useful information regarding Products. RoboTiCan does not guarantee that any information or recommendation provided is accurate, complete, or correct, and RoboTiCan 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 RoboTiCan applications engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and RoboTiCan does not guarantee that such information or recommendations are accurate, complete or correct.
No Other Warranties. Except for a duly-authorized officer of RoboTiCan making an additional warranty in writing, no employee or agent of RoboTiCan or any other party is authorized to make any warranty in addition to those made in this Section 16.
d. Limitation of Liability. IN NO EVENT SHALL ROBOTICAN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY 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 ANY PRODUCT, EVEN IF ROBOTICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF ROBOTICAN RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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.
17. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Products. You agree to indemnify, defend, and hold harmless RoboTiCan and RoboTiCan 's joint venturers, business partners, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidential, 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 Products, or any violation by you of these Conditions of Order.
18. Force Majeure. RoboTiCan will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. RoboTiCan 's time for delivery or performance will be extended by the period of such delay or RoboTiCan may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
19. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of Israel shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a "Dispute") shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Israel. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the Country of Israel. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to RoboTiCan, RoboTiCan may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of RoboTiCan’s or any third party's intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of Israel with respect to any such injunctive or other relief. You further acknowledge that RoboTiCan’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date RoboTiCan denies a warranty claim under Section 16 of these Conditions of Order.
20. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by RoboTiCan of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of RoboTiCan. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and RoboTiCan or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
21. Changes to the Conditions of Order. RoboTiCan reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the "Date of Last Modification" will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails that RoboTiCan may in its discretion send notifying you of changes to this Conditions of Order and/or other RoboTiCan policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, RoboTiCan may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and RoboTiCan.
The English version of these Conditions of Order shall prevail wherever there is a discrepancy between the English version and any other language version.
© 2018, RoboTiCan. All rights reserved.
QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding Conditions of Order or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.
DATE OF LAST MODIFICATION
July 03, 2018
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