Terms of Service

See also: Privacy Policy

The following terms and conditions govern all use of the Ultimate Electronics Book website and all content, services and products available at or through the website, including, but not limited to, the electronics book, and any additional materials provided on the site (taken together, the Website). The Website is owned and operated by CircuitLab, Inc., a Delaware corporation (“CircuitLab”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy) and procedures that may be published from time to time on this Site by CircuitLab (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by CircuitLab, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Use of CircuitLab Software. The Website includes content from and links to the CircuitLab software. The use of this software is governed by its own CircuitLab.com Terms of Service.

Linking. Linking to this content is encouraged freely.

Copying. Copying this content to be hosted or displayed elsewhere is prohibited. However, you may freely make printed copies for personal use or for distribution to employees, coworkers, students, staff, or others within your organization.

Suggestions. While we appreciate it when users send us feedback, we may, at our discretion and for any purpose, use, modify, and incorporate into our products and services, license and sublicense, any feedback, comments, or suggestions that users send CircuitLab or post in CircuitLab forums without any obligation to users.

Disclaimer of Warranties. The website is provided “as is”. CircuitLab and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither CircuitLab nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. In any dispute with us, your sole remedy is to stop using your account and cancel any fee-based services.

CircuitLab makes no warranty that access to the Website will be uninterrupted, error-free, timely, secure, or will operate at any particular speed or frequency. CircuitLab makes no guarantees as to availability of the service with respect to scheduled or unscheduled downtime. Your use of the service is on an “as-is” basis. Customers requiring service availability guarantees may contact us for details and pricing information.

CircuitLab assumes no liability for circuit designs or simulation accuracy. You are responsible for your use of any website Content, including simulations and calculations. To minimize the risks associated with your application, you should provide adequate design and operating safeguards. The use of CircuitLab schematics or simulations for safety-critical applications, such as life support, medical devices, nuclear control systems, or any system where device failure could reasonably be expected to cause personal injury or death, is not authorized under this Terms of Service. You represent that you have the necessary expertise in the safety and regulatory ramifications of any devices you construct based on the Content, and you acknowledge and agree that You are solely responsible for all legal, regulatory, and safety-related requirements concerning said applications.

Limitation of Liability. In no event will CircuitLab, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to CircuitLab under this agreement during the twelve (12) month period prior to the cause of action. CircuitLab shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification. You agree to indemnify and hold harmless CircuitLab, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Jurisdiction. You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in San Mateo County, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of ligitating any such claim or action. Please note that by agreeing to these Terms of Service you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of California over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of courts located in the state of California for the purpose of resolving any such disputes or claims.

Miscellanous. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.