Terms of Use

These Terms of Use set forth the terms by which you may use https://www.emcore.com and http://brand.emcore.com/ (collectively the “Website”) and are an agreement between you and Emcore Corporation (“EMCORE,” “we,” and “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, except to the extent you have entered into a subsequent agreement with EMCORE, which supersedes these Terms of Use.

We may modify our Terms of Use at any time without notice or in our sole discretion and any amendments will apply immediately. Your continued use of this Website after any amendments are adopted will signify your acceptance of the amended language. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or introduce new policies regarding the use of our Website. Any reference to the Terms of Use includes all such policies.

These Terms of Use apply to all visitors and users who access this Website.

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:

EMCORE Standard Terms & Conditions

2. Investor Information

(a) Investor Portal. EMCORE makes available on our Website an investor portal at www.emcore.com/investors, 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 https://www.emcore.com/investors/news-events/email-alerts. EMCORE also makes available RSS feeds within the investor portal.

(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.

(b) Disclaimer. EMCORE makes no warranty or representation as to the accuracy, correctness, timeliness, reliability, availability, or completeness of any job posting listed on our Website, nor can we make any warranty or representation that any information that you provide to us through the job application portal will remain confidential and not be disclosed to any third parties. All listings and other information in our job application portal is provided on an “as is” and “as available” basis. The use of our careers portal is at your own risk. We expressly disclaim any and all warranties that the information you submitted to us through the careers portal or the fact that you made any submission to us through the careers portal will be maintained in confidence. NO VERBAL OR WRITTEN PROMISE OR GUARANTEE OF ANY JOB OR EMPLOYMENT IS MADE OR IMPLIED BY THESE TERMS OF USE.

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:

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:

8. Links to Third Party Websites

This Website contains links to third party Websites, which are not owned or maintained by us and over which we have no control. If you click on a link to a third party Website, our Privacy Policy and Terms of Use will no longer be applicable. Your decision to access any other Internet Website linked to this Website is at your own risk. EMCORE is not responsible for the accuracy or reliability of any information, data or statements made on these Websites. EMCORE provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Your business dealings with any third party with whom you connect through our Website are solely between you and such third party. You are solely responsible for exercising common sense and reasonable caution in any dealing with a third party business, individual, or Website with whom you are connected through this Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of your interactions with such third parties. You assume the sole risk of loss, damage, or liability for any interactions with third parties. In the event that you ever have a complaint against a third party, you should contact that party directly regarding your issue.

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.

12. Indemnification

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.

13. Miscellaneous

We reserve the right to discontinue this Website or discontinue selling any product or service featured on our Website at any time in our sole and absolute discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

14. Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in Albuquerque, New Mexico by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

15. Contact Us