Terms of Use

Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS OR ANY BRIDGELUX WEB SITE (“SITE” OR “WEB SITE”).

Ownership of Site; Agreement to Terms of Use

This Site is comprised of various Web pages owned and operated by Bridgelux, Inc. and its wholly owned subsidiaries (“Bridgelux” or the “Company”).  Bridgelux authorizes you to view and access the “Content” on the Site strictly in accordance with and subject to these Terms and the Bridgelux Privacy Policy. “Content” for the purposes of these Terms means the entire content and materials accessible through the Site, including, without limitation, materials, information, artwork, graphics, photographs, images, text, software, and data (including without limitation, reference designs and technical information).

Your use of a Site constitutes your agreement to these Terms and to the Privacy Policy.  Except as expressly permitted under a written customer agreement with Bridgelux (“Customer Agreement”) under which you qualify as an authorized user, you may not modify, reproduce, distribute, display, perform or otherwise use the Content for any public or commercial purpose, in any form or by any means, including, without limitation, electronic (including without limitation screen scraping), mechanical, photocopying, recording or otherwise without the permission of Bridgelux or the copyright owner.  For purposes of these Terms, any use of the Content on any other web site or networked computer environment for any purpose is prohibited.  Further, you are not permitted to decompile, reverse engineer, modify or prepare derivative works of the Content.

If you do not agree with the terms and conditions of these Terms and/or the Privacy Policy, you may not use the Site. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must destroy any downloaded or printed Content immediately.

MODIFICATION OF THESE TERMS AND SITE

Bridgelux reserves the right at its sole discretion, at any time, without notice, to change any terms, conditions and notices under which a Site is offered, including without limitation, these Terms. Such changes will be effective immediately upon posting on the Site. You should periodically refer to these Terms as your continued access to and use of the Site after such changes indicates your acceptance of the Terms as modified.

Bridgelux reserves the right at its sole discretion, at any time, without notice or liability, to change, update, suspend, limit, and/or discontinue any aspect of the Site and its Content, including without limitation, the availability of any feature and/or database.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to Bridgelux and agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, and/or impair the Site or interfere with any other party’s use or enjoyment of the Site. You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Site.

By way of example, and not limitation, you agree that, when visiting or using the Site, you will:

  • not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights of others (such as rights of privacy and publicity);
  • not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations;
  • not advertise or offer to sell or buy any goods or services for any business purpose unless such is first permitted by an authorized representative of Bridgelux in writing;
  • not conduct or forward surveys, contest, pyramid schemes or chain letters;
  • not harvest or otherwise collect information about others and/or the Site (e.g. e-mail addresses and other visitor’s information);
  • not take any action that imposes, or may impose, in the sole discretion of the Bridgelux, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive, including but not limited to “flooding” any group with posts;
  • not use any data mining, robots, or similar data gathering or extraction methods in connection with the Sites;
  • not impersonate another person or entity or to forge any electronic communication or message;
  • not attempt to gain access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means;
  • not upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, technology, files or programs that impair or disrupt the use of any computer software or hardware or telecommunications equipment;
  • comply with all of Bridgelux’s requirements, procedures, policies regarding visitation and use of the Bridgelux Web Site and all applicable national, local, and international laws, regulations, rules, orders, and treaties.

Bridgelux has no obligation to monitor use of its Site. However, Bridgelux reserves the right to review and remove any materials from the Site from any source in its sole discretion.

Bridgelux reserves the right to limit or terminate your access to any or all of its web sites at any time without notice for any reason whatsoever in addition to all other rights and remedies.

Bridgelux 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 Bridgelux’s sole discretion and in accordance with Bridgelux’s Privacy Policy.

LINKS TO THIRD PARTY SITES

The Site may contain links to other third party web sites (“Linked Site(s)”). These Linked Sites are provided solely as a convenience to you. The Linked Sites are not under the control of Bridgelux and Bridgelux is not responsible or liable for the Content and/or actions of any Linked Site, including, without limitation, the accuracy or available of any Linked Site, the accuracy or availability of any products and/services offered though any Linked Site, any link contained in a Linked Site, or any changes or updates to a Linked Site. Any inclusion of a Linked Site on a Site does not imply endorsement by Bridgelux of the Linked Site, its resources, products, services, or its contents or any association with its sponsor or operator. Your access to, or use of any Linked Site is at your sole risk and you will need to make your own independent judgment regarding your interaction with these Linked Sites.

FEEDS AND POSTS

The Site may display feeds from the Company’s social media account, such as its Twitter and Facebook accounts, as well as feeds and/or posts from other third parties (including without limitation, bulletin boards, chat rooms, and other user forums), which contain Content that were not generated by Bridgelux. The person contributing such Content into the feeds and/or posts displayed on the Site is solely responsible for the Content. Bridgelux reserves the right to monitor, review, and edit or delete such Content, but shall have no obligation to do so. Bridgelux shall have no liability or obligation whatsoever related to the Content of any user communications on such feeds and/or post, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Password and User Name

Access to some content accessible from the Site may be password controlled.  By registering for an account, a password and the right to use the protection portions of the Site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms required for access to password controlled content), that the user name and password are unique to you and/or your company, and that the information provided is true, accurate, current and complete (and, for as long as you continue to use your account, to update such information to keep it true, accurate, current, and complete).  You are solely responsible for maintaining the confidentiality of your user name and password.  You acknowledge and agree that you will be liable for losses incurred by Bridgelux as a result of the misuse of your user name, password or account and that Bridgelux will not be liable for any loss that you may incur as a result of someone else using your user name, password, or account, either with or without your knowledge.

INTELLECTUAL PROPERTY

A. Copyright:

Unless otherwise indicated, all Content on the Site is copyright protected by United States law and international treaties and the copyright is held by Bridgelux or the original creator of the Content. Bridgelux also claims copyright in the look and feel attributes of the Site, as well as the selection, coordination, and arrangement of the Content.

Except for any limited license that may be contained herein or otherwise granted under a Customer Agreement, you have no right to copy, distribute, reproduce, modify, display, and/or transmit Content from a Site. Permission to use the Content other than as authorized hereunder must be granted in writing by an authorized representative of Bridgelux prior to the use.

B. Trademarks and Service Marks:

Unless otherwise indicated as belonging to a third party, all marks associated with products or services on this Site are the property of Bridgelux. These marks may not be used or reproduced in whole or in part in any way without the express permission of Bridgelux and are subject to Bridgelux Trademark Use Guidelines

C. Confidential Information.

You may be given access to Bridgelux confidential information through this Site or links from this Site. You may not disclose Bridgelux confidential information to any third party without the written consent of Bridgelux. You must protect Bridgelux confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Bridgelux confidential information includes, but is not limited to – all non-public information regarding Bridgelux, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, CAD drawings, sales and marketing plans, unannounced products, any information marked as “confidential” or “proprietary” or similarly marked, or any information that, if disclosed, might be competitively detrimental to Bridgelux. You may enter into separate non-disclosure agreements with Bridgelux governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.

D. Other Intellectual Property Rights:

This Site and its Content may be protected by other forms of intellectual property or proprietary rights, such as patent and trade secret law. All rights in the Content not expressly granted herein are reserved and Bridgelux reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of the law.

DOWNLOADING SOFTWARE AND DATABASES

There are inherent dangers in the use of any software, databases or other Content available for download through the Internet, and Bridgelux cautions you to make sure you completely understand the potential risks before you download any software, databases or other Content (such as potential infection of your system by computer viruses).  If you download software or databases from a Site (“Software”), use of such Software is subject to the terms of the applicable license agreement. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited. You are solely responsible for adequate protection and backup of your software, data and equipment used in connection with any Software and assume all risks associated with any Software you may download, access and/or use.  

OTHER AGREEMENTS

Some products and services referenced on or accessible through this Site are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflict with these Terms, those additional terms and conditions shall prevail.

Products purchased from Bridgelux are subject to, and governed by, the then-current Bridgelux Standard Terms and Conditions of Sale.  Purchases by Bridgelux are subject to, and governed by, the then-current Bridgelux Purchase Order Terms and Conditions.

USER SUBMISSIONS

Bridgelux does not want to receive confidential or proprietary information from you through this Site.  Other than personally identifiable information (which is covered under the Bridgelux Privacy Policy), any material, information or other communications that you transmit or post to a Site, including without limitation, feedback, ideas, concepts, know-how, and techniques (“User Communications”) will be considered non-confidential and non-proprietary.  Bridgelux will have no obligations with respect to such User Communications.  Bridgelux and its designees will be free to copy, disclose, display, distribute, reproduce, modify, incorporate, publicly perform and transmit such User Communications to others without limitation or compensation, and otherwise use in any manner, the User Communications and all data, images, sounds, text, and other things embodied therein, without any obligation or compensation to any party whatsoever, for any and all commercial or non-commercial purposes. Moreover, by sending Bridgelux any User Communications, you acknowledge and agree that all such User Communications shall be deemed the property of Bridgelux, and your submission of information shall constitute an assignment to Bridgelux of all worldwide rights, titles, and interest in such User Communications.

EMAIL FROM BRIDGELUX

Bridgelux may from time to time send you email. You acknowledge that such emails are sent with your consent and permission. If you do not wish to receive any promotional email from us, you can follow the opt-out direction set forth in such email.

LIABILITY DISCLAIMER

You agree to use the Site and its Content strictly at your own risk and that you are solely responsible for the content of your communications, whether uploaded, posted, emailed or otherwise transmitted.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED UNDER AN APPLICABLE CUSTOMER AGREEMENT, THE SITE and all content and services provided ON OR through THE site are provided ON AN “as is” AND “AS AVAILABLE” BASIS without any warranties or condiTions of any kind. in particular, Bridgelux DISCLAIMS ANY AND ALL warranties AND CONDITIONS of any kind WHATSOEVER, express or implied, including, but not limited to, IMPLIED warranties OR CONDITIONS of merchantability, fitness for particular purpose, TITLE or non-infringement of any third party rights.  Bridgelux further does not warrant the quality, validity, accuracy or completeness of the content or services provided through this site, or that the functions contained on this web site, will be uninterrupted or error-free or that defects or inaccuracies will be corrected.  the content and services may be out of date, and Bridgelux makes no commitment to update the content or services at this site or to make any notification of changes.  YOU ACKNOWLEDGE THAT YOUR USE OF ANY INFORMATION AVAILABLE THROUGH THIS SITE IS AT YOUR OWN RISK AND THAT BRIDGELUX MAY MAKE CHANGES TO THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED ON THIS SITE AT ANY TIME AND WITHOUT NOTICE.

In no event shall BRIDGELUX, its suppliers or any third Parties mentionED in this site be liable for any direct, indirect, incidental, special, exemplary, consequential AND/or punitive damages (including, but not limited to, those resulting from lost profits, lost data, DAMAGE TO YOUR COMPUTER SYSTEM, loss of goodwill or businEss interruption) arising out of the use, inability to use, or the results of any use of this web site, ANY LINKED SITE, or the content, PRODUCTS, or services contain or accessible from this site OR ANY LINKED SITE, whether based on warranty, contract, tort or any other leGal theory and whether or not BRIDGELUX IS advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF FOR ANY REASON THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCE, YOU AGREE THAT BRIDGELUX’S TOTAL LIABILTIY FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO ONE HUNDRED ($100) U.S. DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the limiTation or exclusion of liabilty for certain damages. Accordingly, some of the above disclaimers and limiationS of liability may not apply to you. to the extent that brigelux may not, as a matter of appliable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of bridgelux’s liability shall be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify and hold Bridgelux, its officers, directors, shareholders, employees, predecessors, successors in interest, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney’s fees), made against Bridgelux by any third party due to or arising out of or in connection with your use of the Site or the Content on the Site, your breach of any terms or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this Site, or your submission of information or materials to Bridgelux by any means, or from any person’s use of any account or password you maintain with Bridgelux or this Site, regardless of whether such use is authorized by you.

EXPORT COMPLIANCE

Content made accessible under these Terms may be subject to United States export control laws and regulations. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

ENGLISH LANGUAGE

These Terms of Use shall be exclusively interpreted in accordance with the English language with the meaning of its terms.  Should a translation of these Terms deviate from the English language version, only the English language version shall apply and be binding.

VOID WHERE PROHIBITED

This Site is maintained, controlled, operated and administered by Bridgelux from within the United States of America (“U.S”). Although the Site is accessible worldwide, Bridgelux makes no representation that the Content on the Site (including without limitation, all features, products, and/or services discussed, referenced, provided, or offered through or on the Site) are appropriate for use and/or available at locations outside of the U.S. Any access to the site from countries where such Content or any other materials are illegal or prohibited and any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws and regulations.

GENERAL

To the maximum extent permitted by law, these Terms and the Privacy Policy are governed by the laws of the United States and the State of California, without giving effect to any principles of conflicts of law and you hereby consent to the exclusive jurisdiction and venue of courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bridgelux as a result of this agreement or use of the Site. Bridgelux’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Bridgelux’s right to comply with governmental, court or law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bridgelux with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Bridgelux’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Bridgelux of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Bridgelux and your or any other party be deemed to modify any provision of these Terms. Unless otherwise specified herein, these Terms and the Privacy Policy constitute the entire agreement between the user and Bridgelux with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bridgelux with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions
If you have any questions about these Terms, please contact us at:

Bridgelux, Inc.
Attention: Legal Department
101 Portola Avenue,
Livermore, CA 94551

Last Updated: September 30, 2013

Copyright © 2013 Bridgelux, Inc.  All rights reserved.  Bridgelux, Inc., 101 Portola Avenue, Livermore, CA  94551.