Sales Terms and Conditions
Power Integrations Internet Samples Store Information
Mailing Address
Internet Store Manager
Power Integrations
5245 Hellyer Ave.
San Jose, CA 95138
Office Hours: 8 AM - 5 PM (PST)
Phone: 1-408-414-9600
Fax: 1-408-414-9700
E-mail: rtss@power.com
TERMS AND CONDITIONS
INTRODUCTION
Power Integrations ("PI") provides all users of this website (“User(s)”) with PI’s Internet product sales or other distribution service (“PI’s Service”), subject to the following terms and conditions ("Agreement"), including PI’s Terms of Use and Privacy Policy available at www.powerint.com.
SAMPLES, TAXES
All PI products are provided on a free sample basis. Any applicable taxes including, without limitation, international duties, foreign taxes, U.S. Federal, State, and local excise, sales and similar taxes, revenue, excise, value added, or turnover tax, import duty (including brokerage fees) or other tax shall be paid by User.
DELIVERY, TITLE AND RISK OF LOSS
Title and risk of loss passes to User upon delivery of the product to the User. PI shall have no liability for failure to deliver the PI products ordered hereunder, or for delay, breakage or damage. PI is not responsible for undeliverable addresses, unavailability of recipients, or customs delays.
NON-CONFORMING DELIVERY
User shall notify PI of any shortage or incorrect product shipments within ten (10) days of receipt of the shipment. After receiving such notification, PI will make a good faith effort to deliver the correct number of units of the correct product.
ORDER CANCELLATION
PI will ship product available from stock. PI has the right to cancel any unavailable items from the User's order, or to cancel the User’s entire order for any reason.
IMPORT / EXPORT
User agrees to comply with all applicable laws and regulations of the United States and of the destination country. User understands that PI is subject to regulation by agencies of the U.S. government, including the U.S. Department of Commerce, which prohibits export or diversion of PI’s products to certain countries. User agrees it will not knowingly assist or participate in any such export, diversion or other violation of applicable U.S. laws and regulations. User warrants that it shall not sell any products in countries or to users not approved to receive classified technical equipment under applicable U.S. laws and regulations, that User otherwise has knowledge of such laws and regulations, and that it will abide by such laws and regulations. User shall hold harmless and indemnify PI for any damages and costs, including attorney fees, resulting to PI from a breach of this paragraph by User.
USER REGISTRATION
PI does not knowingly collect information from persons under eighteen (18) years of age. Parents of children under the age of eighteen (18) must not allow such children access to PI’s Service. User represents and warrants that User is eighteen (18) years of age or older and is not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. User also agrees to: (a) provide true, accurate, current and complete information about User as prompted by PI’s Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If User provides any information that is untrue, inaccurate, not current or incomplete, or PI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PI has the right to suspend or terminate User’s use of PI’s Service and refuse any and all current or future use of PI’s Service (or any portion thereof).
MODIFICATIONS TO THE PI SERVICE AND TO PI PRODUCTS
PI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, PI’s Service (or any part thereof), or the offering of any product, this Agreement, or User’s access to PI’s Service, with or without notice. User agrees that PI shall not be liable to User or to any third party for any such modification or discontinuance.
PI'S PROPRIETARY RIGHTS
User acknowledges and agrees that PI’s Service and any necessary software used in connection with PI’s Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that content contained in sponsor advertisements or information presented to User through PI’s Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PI or advertisers, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on PI’s Service or the Software, in whole or in part.
PI grants User a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. User agrees not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to PI’s Service. User agrees not to access PI’s Service by any means other than through the interface that is provided by PI for use in accessing PI’s Service.
DISCLAIMER OF WARRANTIES
PI’S PRODUCTS PROVIDED UNDER THIS AGREEMENT CARRY NO WARRANTY WHATSOEVER.
USER’S USE OF PI’S SERVICE AND THE PI PRODUCTS IS AT USER’S SOLE RISK. PI’S SERVICE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM PI OR THROUGH OR FROM PI’S SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
PI SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PI’S SERVICE OR THE PRODUCTS OBTAINED THEREFROM; (ii) THE LACK OF TIMELINESS OF, DELETION OF, MIS-DELIVERY OF, OR FAILURE TO STORE, ANY USER COMMUNICATION OR PERSONALIZATION SETTINGS; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY PRODUCT, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PI’S SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (vi) ANY OTHER MATTER RELATING TO PI’S SERVICE OR PI’S PRODUCTS.
GENERAL INFORMATION
The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
Entire Agreement. This Agreement, including PI’s Terms of Use and PI’s Privacy Policy, constitutes the entire agreement between User and PI and governs User’s use of PI’s Service, superseding any prior agreements between User and PI with respect to PI’s Service. User also may be subject to additional terms and conditions that may apply when User’s use or purchase certain other PI services, affiliate services, third-party content, or third-party software.
Waiver and Severability of Terms. The failure of PI to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in this provision, and the other provisions of this Agreement remain in full force and effect.
Statute of Limitations. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of PI’s Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.Attorneys’ Fees. The prevailing party shall be entitled to recover from the losing party its attorneys’ fees and costs incurred in any lawsuit or other action with respect to any claim arising from the facts or obligations set forth in this Agreement.
