Terms & Conditions
AmbassadorPCB, together with its subsidiaries and affiliates, including without limitation, AmbassadorPCB International Sales Corporation (collectively, "AmbassadorPCB"), operates www.ambassadorpcb.com and a portfolio of other websites, including without limitation the AmbassadorPCB 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 AmbassadorPCB (the "Product(s)") and facilitate transactions for the purchase of Products by itself and in conjunction with third party applications using proprietary AmbassadorPCB web services (“Web Service Applications”), and in conjunction with third parties and their websites through AmbassadorPCB provided webstores (collectively the "Services").
1. Access to the Site. Registration is not required to place an order or to use the Site. Select portions of the Site offer expanded Services via the Web through a name/password protected system such as without limitation the Web Services Applications.
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 AmbassadorPCB 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. AmbassadorPCB will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact AmbassadorPCB immediately at email@example.com 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 AmbassadorPCB strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.
2. Intellectual Property. The Services, the Site, and all information, Web Services Applications, Software, data, the AmbassadorPCB 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 AmbassadorPCB 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 AmbassadorPCB. Any unauthorized reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible. All licenses granted herein are subject to the following restrictions: (1) you may only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) you may not copy or post the Content on any network computer or transmit, distribute, publish, display, or broadcast the Content in any media; and (3) you may not modify, translate, decompile, disassemble, reverse engineer, or alter the Site or the Content in any way, or delete or change any copyright, trademark, or other proprietary notice. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE OR WEB SERVICES APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, Web Services Applications and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
AmbassadorPCB 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. Technical Assistance and Applications Engineering. AmbassadorPCB offers its technical assistance and applications engineering solely as a convenience to AmbassadorPCB customers. AmbassadorPCB technical assistance and applications engineering personnel strive to provide useful information regarding the Products. AmbassadorPCB does not guarantee that any information or recommendation provided is accurate, complete, or correct, and AmbassadorPCB 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 AmbassadorPCB technical assistance and 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 AmbassadorPCB 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. AmbassadorPCB therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. AmbassadorPCB 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 AmbassadorPCB of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that AmbassadorPCB is not responsible for the availability of any such websites and that AmbassadorPCB 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. AmbassadorPCB 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 AmbassadorPCB are available to all persons or in all geographic locations. AmbassadorPCB 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. AmbassadorPCB 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, AmbassadorPCB cannot guarantee that the color you see matches the Product color.
5. Limitation of Liability. IN NO EVENT SHALL AMBASSADORPCB 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 AMBASSADORPCB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF AMBASSADORPCB 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 AmbassadorPCB 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 in any manner that violates any laws or infringes the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in AmbassadorPCB’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 AmbassadorPCB may use to prevent or restrict access to the Site.
8. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, 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 or otherwise make available files that contain images, photos, software 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 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.
AmbassadorPCB has no obligation to monitor the Communication Services. However, AmbassadorPCB reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. AmbassadorPCB reserves the right to terminate your access to the Site, Services, Content, and any or all of the Communication Services at any time without notice for any reason whatsoever. AmbassadorPCB reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in AmbassadorPCB's sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. AmbassadorPCB does not control or endorse the content, messages or information found in any Communication Service and AmbassadorPCB specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
9. User Supplied Information. AmbassadorPCB does not claim ownership of the materials you provide to AmbassadorPCB (including feedback and suggestions) or post, upload, input or submit to Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting AmbassadorPCB, its affiliated companies and sub licensees (including without limitation any supplier of the AmbassadorPCB) 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.
10. Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States 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 TECHNICAL 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): AmbassadorPCB
Name of Agent Designated to Receive Notification of Claimed Infringement: David Meisenzahl
Full Address of Designated Agent to Which Notification Should be Sent: 350 Mile Crossing Blvd Rochester, New York 14624 USA
Email Address of Designated Agent: firstname.lastname@example.org
To be effective, the Notification must include the following:
1. 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");
2. 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;
3. 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;
4. 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;
5. 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
6. 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:
1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
3. 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:
1. A physical or electronic signature of the Subscriber;
2. 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;
3. 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;
4. 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 the United States, 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:
1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
2. 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;
3. 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.
II. Conditions of Order
All orders placed with AmbassadorPCB, 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 AmbassadorPCB is an acceptance of AmbassadorPCB’s offer to sell our Products, subject to availability and pursuant to the terms contained in these Conditions of Order. AmbassadorPCB, 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. AmbassadorPCB 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. AmbassadorPCB 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 AmbassadorPCB 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 AmbassadorPCB.
4. Pricing and Product Information. With the exception of Products that are designated as Chip Outpost Products, AmbassadorPCB purchases all Products directly from their respective original manufacturer. AmbassadorPCB purchases Chip Outpost Products directly from their respective original manufacturer or resellers authorized by the manufacturer.
AmbassadorPCB 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 AmbassadorPCB'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 AmbassadorPCB, 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, AmbassadorPCB will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
5. Payment. AmbassadorPCB offers the following payment methods:
For United States customers: We offer PayPal. 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 offer PayPal.
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 AmbassadorPCB's warehouse in Rochester, NY, USA, and (3) shipping or freight charges from AmbassadorPCB's warehouse in Rochester, NY, USA are prepaid and added to the invoice, billed collect or billed to a third party.
Shipments of excessive weight or size may require additional charges. AmbassadorPCB 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.
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. AmbassadorPCB charges sales tax unless you have a valid sales tax exemption certificate on file with AmbassadorPCB. AmbassadorPCB 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 AmbassadorPCB is required to pay tax on your purchase, you will reimburse AmbassadorPCB for the amount of such tax, and AmbassadorPCB's reasonable expenses incurred in connection with the payment and collection of such tax. Fax or e-mail your resale certificate and customer number to: "Attention: Sales Tax" at 1 (585) 458 2733 or email@example.com.
9. 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 9 do not apply to Products that are designated as Chip Outpost Products (see Sections 13 and 15 below regarding Chip Outpost Products).
10. Export Compliance. In addition to the United States and its territories, AmbassadorPCB accepts international orders. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States 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 the United States 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.
11. 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 firstname.lastname@example.org immediately to initiate a claim.
12. Return Policy. In most cases, AmbassadorPCB will accept merchandise returns subject to the terms outlined in this Section 12 and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
- Please contact a email@example.com 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 AmbassadorPCB'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 AmbassadorPCB purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
- A Mil-Spec Product purchased from AmbassadorPCB 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 Products, except for the Product Limited Warranty (see Section 15 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 firstname.lastname@example.org for details.
By returning any product to AmbassadorPCB, you represent and warrant that the returned product was purchased from AmbassadorPCB, is not counterfeit or otherwise non-conforming, and does not violate the AmbassadorPCB Counterfeit Policy. You also agree that AmbassadorPCB may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event AmbassadorPCB determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, AmbassadorPCB 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.
13. No Use as Critical Components. Products sold by AmbassadorPCB 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. YOU AGREE TO INDEMNIFY AND DEFEND AMBASSADORPCB 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.
14. Product Warranty.
a. General Product Limited Warranty. ALL PRODUCTS ARE SOLD ON AN "AS-AVAILABLE" BASIS. AmbassadorPCB agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties AmbassadorPCB receives from manufacturers with respect to the Products sold by AmbassadorPCB to you. COPIES OF SUCH MANUFACTURERS' WARRANTIES ARE AVAILABLE PRIOR TO THE PURCHASE OF PRODUCTS BY CONTACTING AMBASSADORPCB. MANUFACTURERS' WARRANTIES DO NOT APPLY TO PRODUCTS AND INSTEAD PRODUCTS PURCHASED THROUGH PRODUCT ARE SUBJECT TO THE SEPARATE PRODUCT LIMITED WARRANTY SET FORTH IN THIS SECTION 14.
i. Exercising this Limited Warranty. As your exclusive remedy for any breach of this limited warranty, AmbassadorPCB shall promptly, at AmbassadorPCB's option, (i) replace any product that does not conform to this limited warranty or (ii) refund to you the purchase price of the defective product; provided, however, that these remedies are conditioned on your returning the product during the product Limited Warranty Period, or within ten (10) days thereafter, along with a written description of the claimed defect(s), in accordance with AmbassadorPCB's Return Policy (see Section 12 above).
ii. Third Party Testing. AmbassadorPCB reserves the right to have an independent third party examine and test any 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 AmbassadorPCB.
c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 15, (i) AMBASSADORPCB MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) AMBASSADORPCB 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. AmbassadorPCB 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 AmbassadorPCB 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:
i. Technical Assistance and Applications Engineering. AmbassadorPCB offers its technical assistance and applications engineering solely as a convenience to AmbassadorPCB customers. AmbassadorPCB technical assistance and applications engineering personnel strive to provide useful information regarding Products. AmbassadorPCB does not guarantee that any information or recommendation provided is accurate, complete, or correct, and AmbassadorPCB 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 AmbassadorPCB technical assistance and 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 AmbassadorPCB does not guarantee that such information or recommendations are accurate, complete or correct.
ii. No Other Warranties. Except for a duly-authorized officer of AmbassadorPCB making an additional warranty in writing, no employee or agent of AmbassadorPCB or any other party is authorized to make any warranty in addition to those made in this Section 14.
d. Limitation of Liability. IN NO EVENT SHALL AMBASSADORPCB 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 AMBASSADORPCB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF AMBASSADORPCB 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.
15. Force Majeure. AmbassadorPCB 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. AmbassadorPCB's time for delivery or performance will be extended by the period of such delay or AmbassadorPCB may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
16. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of New York 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 Rochester, New York. 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 State of New York. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to AmbassadorPCB, AmbassadorPCB may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of AmbassadorPCB’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 the State of New York with respect to any such injunctive or other relief. You further acknowledge that AmbassadorPCB’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.