1. Product Sales
(a) Sales Terms. EMCORE currently features on our Website products for sale in the areas of fiber optics and photovoltaics. EMCORE’s standard terms and conditions for each product division are linked below and incorporated by reference:
Broadband Fiber Optics
Telecom Fiber Optics
(b) Product Availability. EMCORE makes no warranty or representation that any products featured on the Website are available throughout the world, or appropriate for use in every country of the world. You should contact the EMCORE representative for your region for further information.
2. Investor Information
(a) Investor Portal. EMCORE makes available on our Website an investor portal at www.investor.emcore.com, where we post news releases, webcasts, SEC filings, stock information, and other financial information that may be of interest to investors. To receive automatic alerts when new financial information is made available, you should subscribe at http://investor.emcore.com/alerts.cfm?. EMCORE also makes available RSS feeds within the investor portal, and we offer a shareholder briefcase tool, which facilitates the downloading of investor information files from our Website. You may register for a shareholder briefcase at http://investor.emcore.com/confirm.cfm?destination=/briefcase.cfm.
(b) Disclaimer; Forward-Looking Information. Any information posted to this Website, which is intended for investors, is provided as a convenience to our stockholders and made available for informational purposes only. Nothing posted to our Website is intended for securities trading purposes. EMCORE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACCURACY OR COMPLETENESS OF ANY STOCK PRICE DISPLAYED, AS WELL AS FOR ANY DELAYS, INACCURACIES, ERRORS, OR OMISSIONS IN SUCH DATA OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE ON ANY SUCH DATA POSTED TO OUR WEBSITE.
Any forward-looking statements about business expectations constitute forward-looking statements. Actual events may differ materially from the expectations reflected in those forward-looking statements due to a variety of factors outside of our control, including but not limited to the condition of the economy, world events, industry-specific developments, litigation, and other risks which are known and not known. Your reliance on any forward-looking statement to make investment or other business decisions is at your sole and absolute risk and discretion. It is your responsibility to research and conduct your own due diligence prior to making any business decision regarding any information or data posted to our Website. Forward looking statements contained on this Website are made only as of the date posted, and EMCORE undertakes no obligation to update or revise the forward-looking statements, whether as a result of new information, future events or otherwise.
3. Job Applicants
(a) Careers Portal. EMCORE makes available on our Website a Careers Portal where job seekers can read about job openings at EMCORE and submit applications for those openings through the Website.
4. Operation of Website
EMCORE uses commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will promptly assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then we request that you notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted or that the Website will be available at all times. We expressly disclaim any liability or responsibility for any delay, disruption, or downtime.
We use commercially reasonable efforts to ensure the protection and security of our Website, but we cannot guarantee that the Website will at all times be free from viruses and destructive software. We urge you to use reasonable care in downloading information. We expressly disclaim any responsibility for any damage to computer equipment or other property that may result from the use of the Website or from downloading from the Website.
5. Acceptable Use Policy
EMCORE’s Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following:
(a) Impersonation; Misrepresentation: Submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Objectionable Communications through the Website: Sending communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
(c) Illegal Activity: Using the Website for any illegal purpose;
(d) Disclosing Confidential Information without Permission: Sharing information or initiating communications with information you are under an obligation not to disclose;
(e) Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party;
(f) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
(g) Uploading Viruses: Submitting any content that contains software viruses or any computer code, files, or of any computer software, hardware, or telecommunications equipment, or programs designed to interrupt, destroy, or limit functionality of the Website;
(h) Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;
(i) Mining Data: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; or
(j) Harvesting Personal Information: Collecting, storing, or harvesting personal information about any user or visitor.
We reserve the right (but do not have the obligation) to suspend or cancel the account of any user or visitor who does not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at email@example.com
6. Intellectual Property
EMCORE, or our licensors, if applicable, own all right, title, and interest in the marks, logos, code, databases, text, designs, content, photos, audio, video, and products featured by EMCORE on its Website (“Intellectual Property”). Except as otherwise expressly stated herein, you may only view, display, and listen to the Intellectual Property posted to the Website; provided that, however, EMCORE authorizes you to make an unlimited number of copies of materials published by EMCORE on this Website solely for non-commercial use within your organization (or if you are an EMCORE partner, your customer’s organization). No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring any license or right under any patent, trademark or copyright of EMCORE or any third party.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO MARKS OR LOGOS OR ANY OTHER PORTION OF THE INTELLECTUAL PROPERTY ON THIS WEBSITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, DISPLAYED, REPUBLISHED, DOWNLOADED, UPLOADED, TRANSMITTED, DISTRIBUTED, MISAPPROPRIATED, OR OTHERWISE USED FOR ANY PURPOSE WITHOUT THE PRIOR WRITTEN PERMISSION OF EMCORE.
7. Copyright Infringement Complaints
We respect the copyright of others. If you ever suspect that your copyright has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a) Identification of the Copyrighted Work Infringed. The name of the owner of the copyrighted work and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Work. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d) Contact Information. address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
All notices should be sent to the following address:
Attn.: Legal Department
2015 W. Chestnut Street
Alhambra, California 91803-1542.
8. Links to Third Party Websites
9. Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the Website and our products and services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and products and services at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or any product or service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate your idea into our Intellectual Property.
10. Compliance with Applicable Laws; Export Control Laws
Your access to and use of this Website is governed by all applicable federal, state and local laws, including but not limited to all applicable SEC regulations. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
11. General Disclaimer; Consequential Damages
WE DISCLAIM ANY AND ALL WARRANTIES THAT YOUR ACCESS TO THIS WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, BUG-FREE, ERROR-FREE, VIRUS-FREE, FREE OF DEFECTS, OR FREE OF TECHNICAL PROBLEMS, OR THAT ANY ISSUES, CAN AND WILL BE CORRECTED.
Although EMCORE has attempted to provide accurate information on the Website, EMCORE assumes no responsibility for the accuracy or reliability of any uploaded information. EMCORE may change the programs or products mentioned at any time without notice.
WE DISCLAIM ALL WARRANTIES THAT THE WEBSITE OR ANY PRODUCT OR SERVICE OFFERED BY EMCORE THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE FURTHER DISCLAIM ANY AND ALL WARRANTIES REGARDING THE INFORMATION, CONTENT, OR FUNCTIONALITY OF ANY THIRD PARTY WEBSITES LINKED TO THIS WEBSITE. FOR THE AVOIDANCE OF DOUBT, NO CONTENT OR LINK ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY.
ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EMCORE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
EMCORE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY EMCORE PRODUCT. Our liability to you for all claims shall in no event exceed the total aggregate amount of all fees that you paid to us in the twelve (12) month period preceding the claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
By using our Website, you agree to indemnify, defend, and hold harmless EMCORE, its partners and affiliates, and the parties’ collective officers, directors, managers, members, employees, independent contractors, representatives, and agents from any third party claim, liability, or expense (including without limitation reasonable attorneys fees and costs) arising from or in any way related to your use of this Website, or your violation of any term or condition set forth herein.
14. Governing Law; Dispute Resolution
15. Contact Us
16. Effective Date