Terms of Use

These Terms of Use are applicable to your access to and use of the website (“Website”), operated by Empower Semiconductor (“Empower,” “our,” “us,” or “we”), Website, and constitute a legal agreement between you and Empower. Your access to and use of the Website and the information and materials available through the Website are subject to these Terms of Use, regardless of whether you possess an account through the Website linked to your or your employees’ or other end users’ names and/or contact information (“Account”). By accessing or using the Website, you acknowledge that you understand and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations when using the Website. If you do not understand or agree to be bound by these Terms of Use, do not access, use, or create an Account  or otherwise enter any information on the Website.

  1. CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Website, and if you possess an Account, by communicating the modifications to you by sending them to the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (a) by continuing to use or access the Website after modified Terms of Use are posted to the Website or (b) if you possess an Account, by not requesting to terminate your Account within seven (7) days after being sent a notice of modifications as described above.

  1. WEBSITE

Ownership of Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, and arrangement of other Content, which is contained on the Website is owned, controlled, or licensed by or to Empower, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. By granting you access to and use of the Website, Empower does not transfer any ownership rights in any Content found on the Website, and by furnishing information and materials through the Website, Empower does not grant any licenses to any copyrights, patents, or any other intellectual property rights.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Empower’s express prior written consent. Notwithstanding the foregoing, you may view, use, download, and print selected portions of the Website solely for your own personal, noncommercial, informational use; provided that you do not republish such Content and that you keep intact all copyright, trademark, service mark, attribution, patent, and other proprietary notices.

The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

Accuracy of Content

You acknowledge that Empower has no duty or obligation to keep any Content on the Website accurate, current, or complete and agree that your reliance on any such Content is at your own risk. Although Empower makes best efforts to maintain the accuracy of the Website, it does not represent or warrant that it is error-free.

Information that Empower publishes on the Website may contain references to Empower products, programs, and services that are not advertised or offered in your country. You acknowledge and agree that such references do not imply that Empower intends to offer such products, programs, or services in your country. Consult your local Empower business contact for information regarding the products, programs, and services that are available to you.

Operation of the Website

We reserve the right, at our sole discretion, to do any of the following, at any time, for any reason or no reason, with or without prior notice, and without liability: (1) refuse, restrict, modify, suspend, or terminate operation of or your access to the Website, or any portion of the Website; (2) modify or change the Website, or any portion of the Website; and (3) interrupt the regular operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Website. We may also make improvements or changes in the products or programs described in the Website at any time without notice.

  1. USE OF WEBSITE

Prohibited Activities

You agree to comply with all laws and regulations applicable to your use of the Website. You agree not to publish post, upload, distribute or otherwise make available any User-Provided Content:

  • containing a solicitation of funds, a promotion, an advertisement, a solicitation to purchase goods or services, a solicitation of other users to use, join, or become a member of any commercial service or other organization, or any other commercial matter, unless the Online Service at issue specifically allows such User-Provided Content;
  • that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • that is known by you to be false, inaccurate, or misleading or that is in our sole discretion harmful, threatening, abusive, inappropriate, profane, defamatory, vulgar, libelous, obscene, obscene as to minors, pornographic, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, invasive of another’s privacy, or otherwise objectionable;
  • that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or;
  • abide by policies of third party channels and social media properties where Empower maintains a branded presence.

In addition, you agree not to:

  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Website;
  • create a false identity or create an Account for anyone other than yourself without permission;
  • install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
  • take any action that interferes with the proper working of the Website, compromises the security of the Website, or otherwise damages the Website or any materials and information available through the Website or violates any code of conduct or other guidelines which may be applicable for any particular Online Service;
  • attempt to gain unauthorized access to any portion or feature of the Website, to any other systems or networks connected to the Website, to any of our servers, or to any of the services offered on or through the Website, including, but not limited to, by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the Website or any network connected to the Website or bypass the authentication measures on the Website or any network connected to the Website;
  • use any automated means to collect information or content from or otherwise access the Website, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  • falsify, delete, or modify any copyright management information or other program markings or notice of Empower’ proprietary rights, such as author attributions, legal notices, proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded to the Website;
  • harvest or otherwise collect and store information about other users of the Website, including e-mail addresses; or
  • use, download, copy, or otherwise provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.

 

Documentation

Certain areas of the Website may contain formal and informal documentation relating to Empower’s products, along with materials drafted by third parties. Any Empower warranties as to its products’ conformance with specifications and documentation that may be found in your software license agreement apply ONLY TO the documentation that is provided to you in conjunction with the product. In the event of a conflict between formal documentation found on the Website and formal documentation provided to you with your product, the latter shall prevail.

Confidentiality

By virtue of participation in certain areas of the Website, you may have access to information that is confidential to Empower (“Confidential Information”). “Confidential Information” shall mean all confidential and proprietary information of Empower, including, but not limited to, all ideas, techniques, models, inventions, know-how, processes, software programs, source code, trade secrets, and works of authorship relating to our current, future, and proposed products and services; customer, employee, and supplier lists; and any and all Content (including User-Provided Content) published on the Website by Empower or any user. As used herein, Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of a user; (b) was in a user’s lawful possession prior to the disclosure and had not been obtained by the user either directly or indirectly from Empower; or (c) is lawfully disclosed to a user by a third party without restriction on disclosure.

You agree that you will, at all times: (a) take all steps reasonably necessary to hold the Confidential Information in trust and confidence; (b) not use the Confidential Information in any manner or for any purpose not expressly permitted by these Terms of Use or a separate written agreement between you and Empower; and (c) not disclose any such Confidential Information to any third party that is not a user without first obtaining Empower’ express written consent on a case-by-case basis. You agree that these obligations and covenants are necessary and reasonable in order to protect Empower.

You shall ensure that the same degree of care is used to prevent the unauthorized use, dissemination, or publication of the Confidential Information as you use to protect your own confidential information of a like nature, but in no event shall the safeguards for protecting such Confidential Information be less than a reasonably prudent business would exercise under similar circumstances. You shall take prompt and appropriate action to prevent unauthorized use or disclosure of such Confidential Information.

Registration and Passwords

The Website may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and are fully responsible for all activities that occur under your login ID or Account. Your password(s) are user-specific and may only be used by you. You agree to: (a) notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Website through your Account; and (b) log out of your Account at the end of each session.

You acknowledge and agree that you cannot and will not attempt to hold us, our suppliers, affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors responsible for any liability, claims, or expenses arising from your failure to comply with this section.

  1. YOUR PROVISION OF PERSONAL INFORMATION TO US

Account Opening

When you provide information about yourself to us, such as when you create an Account or through the careers portion of the Website, you agree to: (a) provide accurate, current, and complete information about yourself and your employer, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Website or any portion thereof.

Privacy Statement

Our website privacy statement (“Privacy Statement”) is a part of these Terms of Use and is incorporated herein by this reference. By accepting these Terms of Use you agree to our collection, use, and disclosure of your information as described in the Privacy Statement.

Click here to view the Privacy Statement.

  1. LINKS TO OTHER WEBSITES AND WEBSITE

The Website may contain links to third-party websites and applications for your convenience and information. Empower does not control those third-party websites and applications, and we do not endorse or make any representations about those third-party websites and applications. You acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such websites and applications that are not under our control, and that you will not hold us responsible for any harm that may arise based on your access to or use of any linked website or application.

  1. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE AND ALL INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EMPOWER DOES NOT WARRANT THAT THE INFORMATION AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE ACCURATE, CURRENT, COMPLETE, OR ERROR-FREE; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION THAT EMPOWER PROVIDES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold us, our suppliers, affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms of Use, your submission of any User-Provided Content, or your use of the Website, including the accuracy or completeness of any products, programs, and services received by you, or any data, information, service, report, analysis, or publication derived therefrom.

  1. MISCELLANEOUS

Choice of Law and Jurisdiction

You agree that all matters relating to your access to, and use of, the Website shall be governed by U.S. federal law and the laws of the Commonwealth of Massachusetts without reference to conflict of laws principles. All disputes arising under, out of, or in any way connected with these Terms of Use or your use of the Website shall be litigated in the courts in the Commonwealth of Massachusetts, and you hereby submit to the personal jurisdiction of said courts and consent to the service of process, pleadings, and notices in connection with any and all actions initiated in said courts. You and Empower agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such action or proceeding, and that a final judgment in any such action or proceeding shall be conclusive and binding and may be enforced in any other jurisdictions. If you are a consumer based in the European Union, this preceding provision does not apply and you may make a claim in the courts of the country where you reside.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and therefore that we are entitled to seek immediate equitable relief, including injunctive relief, in addition to our rights and remedies otherwise available at law. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Notices or Communication

You agree that Empower may provide any notice or communication to you required or permitted under these Terms of Use to any contact information you have provided to Empower, including, but not limited to, a mailing address or e-mail address.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Waiver

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

Assignment

You agree that you may not assign these Terms of Use or any interest herein including, but not limited to, by sublicensing or delegating any obligation hereunder, without the prior written consent of Empower.

Entire Agreement

These Terms of Use constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede all previous agreements, statements and understandings from or between you and us regarding the subject matter contained herein.

Contact Us

If you have any questions or concerns about the Website or these Terms of Use, please contact us at webmaster@empowersemi.com .

Revision date: June 27, 2018

 

Empower Semiconductor 

42840 Christy Street,
Suite 102, Fremont, CA 94538

Contact us at +1-510-933-8352
or send an Email: info@empowersemi.com

 

Privacy Policy | Terms & Conditions

Find us on:

Send us a message: