# 1. Purpose
The API is made available by the Electronic Components Industry Association, Inc., (ECIA) to enable customers seeking to buy electronic components from authorized sources to access commercially valuable TrustedParts.com Data and use it within their company and software applications. Any use of the API that is competitive to or inconsistent with ECIA’s ECIA’ products and services; aggregates, in any way, any TrustedParts.com content with third party content (without distinction); or fails to attribute the TrustedParts.com Data appropriately to TrustedParts.com is expressly prohibited. ECIA reserves the right to continually review and evaluate all uses of the API and will determine whether specific uses of the API are permitted purposes or not permitted in its sole discretion. ECIA's failure to immediately terminate any user of the TrustedParts.com API for a non-permitted purpose shall in no way be construed as a waiver of its ability to terminate such user later or any other user. ECIA reserves the right to request information related to your use of any TrustedParts.com API and your compliance with these Terms. Failure to timely and completely respond to such request may result in termination.
# 2. Enrollment
To begin the enrollment process, you must submit a complete and accurate access request form. In your access request form, you must describe the Application you intend to develop and/or use with the API or on which you intend to display TrustedParts.com Data. We will evaluate your access request and notify you by email of its acceptance or rejection. We reserve the right to reject your enrollment form for any reason, in ECIA’s sole discretion.
If we reject your enrollment form, you are welcome to reapply at any time. However, if we accept your access request and we later determine that your Application is unsuitable, we may terminate your access at any time.
You will ensure that the information included in your access request form, including your contact information and the description of your Application, is at all times complete, accurate, and up-to-date.
By enrolling, you will be issued one or more unique security keys, secrets, tokens, passwords and/or other credentials (collectively, "Key(s)") for accessing the API and managing your account. You may only access your account with the Key(s) issued to you by ECIA. Access may not always be available. You shall not sell, transfer, sublicense or otherwise disclose your Key(s) to any other party or use them with any application other than that for which you initially applied for in your access request form. You are responsible for maintaining the secrecy and security of your Key(s). You are fully responsible for all activities that occur using your Key(s), regardless of whether such activities are undertaken by you or a third party. You should contact us immediately if you believe that someone other than you may be using your Key(s) or if your Key(s) is otherwise lost or stolen.
# 3. Fees
ECIA will not charge you a fee for reasonable usage of the API service. However, ECIA reserves the right to assess a fee upon sixty (60) days notice to the contact person listed in your application. Your continued usage of the service after the expiration of the notice period denotes acceptance and agreement to pay any usage fee assessed.
ECIA may in its sole discretion throttle, restrict and/or limit your usage if such usage degrades or impacts the website’s functionality, integrity of its data, performance, or security.
# 4. Inaccessibility of the API
You understand and agree that from time to time the API may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic updates, maintenance procedures or repairs; or (iii) causes beyond the control of ECIA or which are not reasonably foreseeable by ECIA, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures. You acknowledge and agree that ECIA has no control over the availability of the services on a continuous or uninterrupted basis.
# 5. API Restrictions
A. Data retrieved from the TrustedParts.com API may be bulk captured and cached or stored if one of the following two conditions is satisfied: 1) The data are not published on a public website or syndicated in any way and are only used for internal electronic component purchasing decisions. 2) ECIA has given explicit written consent to the caching or storing of data. If neither of those conditions is satisfied, you shall not bulk capture, cache, or store data retrieved from the TrustedParts.com API.
B. If data retrieved from the TrustedParts.com API is cached or stored in accordance with the terms above, it may only be stored for a maximum of one week. After one week, the cached/stored data shall be deleted and no longer used by you or any other party.
C. You shall not host or provide to any third party any material retrieved via the TrustedParts.com APIs.
D. You shall not sell the information, nor any derivative data, retrieved from the TrustedParts.com APIs.
E. You shall not aggregate the data from the TrustedParts.com APIs into other publicly-facing/commercial APIs or data services.
F. You shall identify TrustedParts.com as the source of any information derived from the TrustedParts.com APIs.
G. You shall not mix results from other sources into distributor results retrieved from the TrustedParts.com API.
H. You shall not scrape, download, post or transmit data from any TrustedParts.com site or API.
I. You shall not modify the TrustedParts.com content (except modifications to the TrustedParts.com landing page URL as required to facilitate tracking by third parties authorized by ECIA), or use it to update or create your own database of business listing information.
J. You shall not share any technical aspects or documentation of the APIs with any 3rd party and you shall not reverse engineer or attempt to extract the source code from any API or any related software.
K. You shall not threaten the integrity, performance or reliability of the APIs, including but not limited to performance/stress tests, or in any manner that attempts to destabilize the security of the APIs.
L. If you operate a website that incorporates TrustedParts.com APIs, calls to the APIs must include the end user's IP address. Non-website use of the TrustedParts.com APIs must include a unique user identifier.
M. TrustedParts.com may use your company or product name in the promotion of TrustedParts.com APIs.
N. You shall not display TrustedParts.com data in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and ECIA or TrustedParts.com, other than your permitted use of the API under these Terms.
O. You shall comply with any and all applicable laws and regulations, including privacy and personal data protection laws and regulations.
Failure to comply may result in revocation of access and any other remedy available at law or in equity.
# 6. Limited License and Attribution
The API, including without limitation all TrustedParts.com Data, is owned by or licensed to ECIA or our third-party content providers. Subject to the terms set forth in these Terms, and as long as you have a current and valid Key(s), ECIA grants to you a limited, non-exclusive, revocable, non-sub-licensable, non-transferable license to copy and display the TrustedParts.com Data solely on your Application. You shall not use the API or TrustedParts.com Data for any other purpose without ECIA’s prior written consent. Other than the limited license expressly set forth in this Section 5, we reserve all right, title and interest in and to the API, the TrustedParts.com Data, ECIA’s and our affiliates’ trademarks and logos and any other intellectual property and technology that we provide or use in connection with the API or the TrustedParts.com Data.
If your application is publicly available, we require that where TrustedParts.com API data is displayed you clearly and conspicuously give attribution to TrustedParts.com and link back to the www.trustedparts.com web site using the text "Powered by" and then a TrustedParts.com logo. The attribution link must be visible, functional, and followable. When displaying details about a single part, you should target the corresponding part or search page on TrustedParts.com. Please refer to the TrustedParts.com API documentation for technical details regarding attribution.
You shall not modify, obscure or otherwise disable the functioning of links to TrustedParts.com or third-party applications or websites provided within the TrustedParts.com Data. Similarly, you shall not omit, modify, or obscure text, images, artwork, logos, copyright or similar notices of any TrustedParts.com Data that you receive from the API, provided however, that with graphic images, you may re-size such images while maintaining the same relative proportions of the image.
You acknowledge and agree that ECIA and TrustedParts.com may monitor your Application in order to confirm compliance with the Terms and may request information at any time to support your compliance with the Terms. Should you fail to provide responsive information, or if ECIA, in its sole discretion, determines that you are not complying with the Terms, ECIA may terminate your license and invalidate your Key(s) with or without notice to you. Upon such termination for any reason, you shall immediately cease using the API and TrustedParts.com Data and promptly remove from your Application and delete or otherwise destroy any portion of all TrustedParts.com Data, as requested by us.
# 7. Obligations Regarding Your Application
A. You are solely responsible for, and we have no liability for, the development, operation, or maintenance of your Application or for any materials contained on your Application.
B. You agree that you will not: (i) send or initiate any email or other electronic messages that in any way suggest or imply or mislead or are likely to mislead a recipient into believing that we were the sender or sponsor of such email or electronic message or procured you or induced you to send such email or electronic message; (ii) forward, redistribute or otherwise repurpose any email or other electronic messages that we send our members or (iii) send or initiate any email in violation of any applicable laws, rules or regulations and other requirements of any governmental authority that has jurisdiction over you.
C. When promoting the TrustedParts.com API the following guidelines must be followed: (i) you must not give the impression that you are, or represent, ECIA or TrustedParts.com through use of phrases such as ‘Official Site’; (ii) you must not engage in any pay per click, keyword or ad word campaigns unless you receive the prior written approval from ECIA, which approval may be withheld at ECIA’s sole discretion; (iii) you must not target the brand names of any entities that are direct competitors of ECIA and www.trustedparts.com, or otherwise engage in marketing practices that are illegal or violate the rights of any third party; and (iv) you must ensure that all copy used for search and keyword purposes is appropriate and 100% accurate and does not contain any claims that could be construed to be false or misleading. You agree that, following notice from ECIA, you will promptly remove any search listing containing copy and/or creative components that ECIA, in its sole discretion, deems inappropriate for any reason.
D. You agree that you will not exceed the number of calls assigned to you by ECIA. If you anticipate exceeding call limitations, contact us and we can discuss your particular situation. ECIA may, at its sole discretion, choose to increase call limits in certain situations. Repeat violations of the call limit may result in revocation of your right to use the API.
# 8. Term and Termination
The Terms will take effect upon ECIA’s acceptance of your access request application and will end when terminated by either party. Either you or ECIA may terminate the Terms at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of the Terms, any and all licenses you have with respect to the API and TrustedParts.com Data will automatically terminate and you will immediately stop using the API, and promptly remove from your Application and delete or otherwise destroy all TrustedParts.com Data and any other materials provided or made available by or on behalf of us to you under the Terms or otherwise in connection with the API. In addition, we may terminate or suspend your license to access and use the API or any part of or all TrustedParts.com Data at any time without terminating the Terms by giving you written notice. Upon your receipt of that notice, you will immediately stop using the API and TrustedParts.com Data, and promptly remove TrustedParts.com Data from your Application, provided that (a) in the case of a suspension you may resume access to and use of the API and TrustedParts.com Data upon notice from us; or (b) in the case of a termination you shall additionally promptly delete or otherwise destroy all TrustedParts.com Data. Upon any termination of the Terms, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 6, 8, and 11-20 will survive the termination of the Terms. No termination of the Terms will relieve either party for any liability for any breach of, or liability accruing under, the Terms prior to termination.
# 9. Publicity
You shall not create, publish, distribute or permit any written or verbal materials (e.g. press releases, marketing material or screen shots) that make reference to TrustedParts.com without first submitting such material to ECIA and receiving ECIA’s prior written consent, which may be withheld in ECIA’s sole discretion.
# 10. Modification
ECIA reserves the right at any time, at its sole discretion, and without liability to you, to change the Terms by posting a change notice on www.trustedparts.com. It is your responsibility to check the Terms for updates. If any modification is unacceptable to you, you agree that your only recourse is to discontinue use of the API. Your continued usage of the API after ECIA’s posting of a change notice will constitute binding acceptance of the change.
# 11. Relationship of Parties
You and ECIA are independent contractors, and nothing in the Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
# 12. Indemnification
You shall indemnify, defend, and hold harmless ECIA and its company affiliates and suppliers, and their respective officers, directors, employees, agents, shareholders, partners, and representatives harmless from and against any and all allegations, claims, suits, proceedings, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys’ fees, arbitration fees, court costs and witness fees) (collectively, “Losses”) insofar as such Losses arise out of or are based upon (i) your Application or any materials that appear on or with your Application; (ii) your misuse, unauthorized modification or unauthorized use of the API or TrustedParts.com Data ;(iii) your violation of the Terms; or (iv) your negligence or willful misconduct.
# 13. Disclaimer of Warranties and Limitation of Liability
YOUR USE OF THE API AND TRUSTEDPARTS.COM DATA IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE API, INCLUDING ALL TRUSTEDPARTS.COM DATA, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE EXTENT PERMITTED BY LAW, ECIA AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AUTHORIZATION STATUS, OR NON-INFRINGEMENT. ECIA AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE API OR TRUSTEDPARTS.COM DATA.
ECIA AND ITS AFFILIATES MAKE NO WARRANTY OR REPRESENTATION THAT: (a) THE API WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE API WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE API WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE API WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE API, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
# 14. Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, ECIA AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE API, EVEN IF ECIA OR ANY OF ITS AFFILIATES HAVE PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE API; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE API; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. ECIA AND ITS AFFILIATES DO NOT SEEK TO EXCLUDE OR RESTRICT ITS LIABILITY FOR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE.
IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE API OR TRUSTEDPARTS.COM DATA, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST ECIA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.
# 15. Choice of Law
This Agreement is governed by United States law and, in the event of any dispute, the relevant parties shall irrevocably submit to the non-exclusive jurisdiction of the United States Courts. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.
# 16. Entire Agreement
This Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement.
# 17. Notice
Except as provided elsewhere herein, both parties must send all notices relating to this Agreement to: (a) for ECIA, via registered mail, return receipt requested or via an internationally recognized express mail carrier to: ECIA 310 Maxwell Road, Suite 200, Alpharetta, GA 30009 USA; and (b) for You, at the email or physical address listed on your account (effective upon sending as long as ECIA does not receive an error message regarding delivery of the email) or five days after mailing).
# 18. Assignment
No rights or obligations under this Agreement may be assigned by you without the prior written consent of ECIA. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. ECIA and any of its subsequent assignees may assign this Agreement, in whole or in part, or any of its rights or delegate any of its duties, under this Agreement to any party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
# 19. Force Majeure
Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, acts of terrorism, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.
# 20. Remedies and Waiver
Except as otherwise specified, the rights and remedies granted to a party under this Agreement are cumulative and in addition to, not in lieu of, any other rights and remedies which the party may possess at law or in equity. Failure of either party to require strict performance by the other party of any provision shall not affect the first party’s right to require strict performance thereafter. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach.
# 21. Export Control Laws and Regulations
The API, TrustedParts.com Data, and products derived or obtained from the API may be subject to export control laws, restrictions, regulations and orders of the United States or other countries. You agree to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall (i) obtain any export, re-export or import authorizations required by United States or your local laws; (ii) not use TrustedParts.com Data, or direct product from the API to design, develop or produce missile, chemical/biological or nuclear weaponry; and (iii) not provide the API, TrustedParts.com Data or direct product from the API to prohibited countries and entities identified in any United States or foreign law or regulation.