Welcome to the Visibl Semiconductors Inc. (“Visibl,” “we,” “us,” or “our”) website. These terms of use (“Terms”) are entered into by and between you and Visibl Semiconductors Inc. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of www.visiblsemi.com, including any content, functionality, and services offered on or through www.visiblsemi.com (the “Website”).
By accessing or using the Website, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy found at www.visiblsemi.com/privacy. We reserve the right to modify these Terms at any time, and will provide notice of material changes as described below. These Terms apply to all visitors and users of the Website (“Users,” “you,” or “your”).
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 19.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 19.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
This is a legally binding contract between you and Visibl Semiconductors Inc. You must read and agree to these Terms before using the Website. If you do not agree, you may not use the Website. You may use the Website only if you can form a legally binding contract with us and comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”).
If you are under the age of 18 (a “Minor”), you may not use the Website unless supervised by a parent or legal guardian (“Parent”). By allowing a Minor to access or use the Website, the Parent agrees to these Terms and accepts responsibility for the Minor’s activity on the Website. The Website is not available to any Users previously removed or banned from the Website.
We may revise and update these Terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms signifies your acceptance of such changes. You are expected to check this page regularly to stay informed of any updates, as they are binding on you.
If we make any material changes to these Terms, we will notify you through a notice on the Website or via email. Your continued use of the Website after such notice constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using the Website.
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Website or the entire Website to Users, including registered users.
You are responsible for:
To access certain features or resources offered on the Website, you may be required to provide registration details or other information. It is a condition of your use of the Website that all the information you provide is accurate, current, and complete. You agree that all information you provide to register with the Website, or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We reserve the right to withdraw or modify the Website, including any service or material we provide, at our discretion without notice. Visibl Semiconductors Inc. will not be liable if any part of the Website becomes unavailable at any time or for any period. From time to time, we may restrict access to certain parts of the Website, or the entire Website, including access by registered users.
You are responsible for:
To use certain features of the Website, you may be required to register and provide specific information. It is a condition of your use of the Website that the information you provide is accurate, current, and complete. You agree that all information you submit is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Website and its entire content, features, and functionality (including all software, code, text, displays, images, video, and audio) are owned by Visibl Semiconductors Inc., its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not:
You must not:
If you wish to use any material on the Website for purposes other than those outlined above, please contact us at hi@visiblsemi.com. Unauthorized use may result in termination of your access to the Website.
All trademarks, logos, service marks, and trade names displayed on the Website are the registered and unregistered marks of Visibl Semiconductors Inc., its licensors, or its affiliates. You must not use such marks without our prior written permission. Any other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You agree not to use our trademarks in a way that suggests association or approval without our express written consent. Unauthorized use may violate trademark laws and could lead to legal action.
By submitting any suggestions, recommendations, or other feedback regarding the Website or Visibl Semiconductors’ products and services (collectively, “Feedback”), you agree to assign to us all rights, title, and interest in and to the Feedback, including any intellectual property rights. We may use, modify, and incorporate your Feedback without any obligation to compensate you. The Feedback is considered non-confidential, and you agree that we may freely use it without any restriction. You acknowledge that, by providing Feedback, we do not waive any rights to use similar ideas previously known to us or developed by our team.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
Additionally, you agree not to:
The Website may contain non-public, confidential, or proprietary information of Visibl Semiconductors and its users (“Confidential Information”). You agree to:
Any unauthorized use or disclosure of Confidential Information may result in legal action. If you are required by law to disclose any Confidential Information, you must provide us with prompt notice to allow us to seek a protective order or other appropriate remedy.
Visibl Semiconductors reserves the right to:
You agree to hold harmless Visibl Semiconductors and its affiliates from any claims or liabilities resulting from actions taken by us during or following any investigation into unauthorized use of the Website. While we may not review all user-submitted content, we reserve the right to remove any material we deem objectionable, without notice or liability. We cannot guarantee the immediate removal of such content but will endeavor to act promptly when necessary.
Visibl Semiconductors may update or modify the content, features, or services offered on the Website at any time without prior notice. While we strive to maintain an up-to-date and accurate Website, we make no guarantees that the information presented is current or complete. You acknowledge that the Website’s content may change periodically and that any materials or features may become outdated. We are under no obligation to update any content or provide notice of such updates. Your continued use of the Website after any changes signifies your acceptance of these updates.
All information we collect through the Website is subject to our Privacy Policy, which is incorporated by reference into these Terms. By using the Website, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. You agree that any personal data provided to us will be accurate and complete. We are committed to protecting your privacy but cannot guarantee the security of any data transmitted to or from our Website. You acknowledge that any transmission of personal data is at your own risk, and you agree that we will not be liable for any unauthorized access or use of your information.
You may link to the homepage of the Visibl Semiconductors website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that allow you to:
You may use these features solely as provided by us and only with respect to the content they display. Subject to the above, you must not:
We reserve the right to withdraw linking permission without notice. We may disable any social media features and links at any time without prior notice at our sole discretion.
The Website may include links to third-party websites, resources, or services that are not controlled by Visibl Semiconductors. These links are provided for your convenience only, and we do not endorse or assume any responsibility for the content, products, or services offered on these third-party sites. If you choose to access any third-party websites linked from the Website, you do so at your own risk.
You acknowledge and agree that Visibl Semiconductors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products, or services available on or through any third-party website. Your dealings with third-party websites, including payment for and delivery of goods or services, are solely between you and the third party.
Visibl Semiconductors Inc. is based in the state of California, USA. The Website is intended for use by individuals located in the United States. We make no representations or claims that the Website or any of its content is accessible or appropriate outside of the United States. Accessing the Website from territories where its contents are illegal or otherwise restricted is prohibited.
If you choose to access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws. You agree that you will not use the Website in any manner that violates any applicable international, national, or local law or regulation.
You agree to indemnify, defend, and hold harmless Visibl Semiconductors Inc., its affiliates, licensors, and service providers, along with their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, “Visibl Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:
Visibl Semiconductors Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not, in any event, settle any claim without our prior written consent.
You understand and agree that your use of the Website is at your sole risk. The Website and all of its content, services, and features are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. Visibl Semiconductors Inc. disclaims all warranties, including but not limited to:
Visibl Semiconductors Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked website.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of implied warranties, so the above exclusions may not apply to you. These disclaimers give you specific legal rights, and you may have additional rights depending on your jurisdiction.
To the fullest extent permitted by law, Visibl Semiconductors Inc. and its affiliates, licensors, service providers, and their respective officers, directors, employees, agents, and contractors shall not be liable for:
In no event shall Visibl Semiconductors Inc.’s total liability to you for all claims arising from or related to these Terms or your use of the Website exceed the greater of the amount you paid to us (if any) or one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow limitations on liability for certain damages, so the above limitations may not apply to you. If any part of this limitation of liability is found to be unenforceable, the remaining limitations will remain in full force and effect.
You agree that the use of the Website will be deemed to have occurred solely in the State of California. These Terms are governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. Any dispute that arises from these Terms or your use of the Website will be resolved exclusively in the federal or state courts located in San Francisco County, California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(a) General: PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. By using the Website, you agree that any dispute, claim, or controversy between you and Visibl Semiconductors Inc. arising from or relating to these Terms, including issues of enforceability, validity, or interpretation, shall be resolved exclusively through binding arbitration, rather than in court. This includes claims arising before you agreed to these Terms.
(b) Opting Out of Arbitration: You may opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by sending an email to hi@visiblsemi.com with your full legal name and a statement of your intent to opt out. Opting out will not affect the enforceability of any other section of these Terms.
(c) Dispute Resolution Process: For any dispute, you agree to first contact Visibl Semiconductors Inc. at hi@visiblsemi.com to attempt an informal resolution. If a resolution is not reached within sixty (60) days, the dispute will be settled by binding arbitration administered by JAMS under its rules. The arbitration will be held in San Francisco County, California, unless otherwise agreed. Each party will bear its own costs unless the arbitrator finds that a claim was frivolous, in which case the prevailing party may recover fees and costs.
(d) Equitable Relief: Nothing in this Arbitration Agreement shall prevent us from seeking injunctive relief in court as necessary to prevent the actual or threatened infringement of our data security, intellectual property, or confidential information.
BY AGREEING TO THESE TERMS, YOU AND VISIBL SEMICONDUCTORS INC. WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, WHETHER AS A PLAINTIFF OR CLASS MEMBER. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS, AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITHOUT THE CONSENT OF ALL PARTIES.
You may not assign or transfer your rights under these Terms without the prior written consent of Visibl Semiconductors Inc. Any attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms without restriction.
We may notify you of changes to these Terms or provide other notices by posting updates on the Website, emailing you, or using any other contact information you have provided. It is your responsibility to keep your contact information current. Your continued use of the Website after changes are made constitutes your acceptance of the revised Terms.
These Terms, along with any amendments or additional agreements you may enter into with us, constitute the entire agreement between you and Visibl Semiconductors Inc. regarding your use of the Website. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
The terms “including” and any similar words shall be interpreted as inclusive, not exclusive. Any failure by us to enforce any provision of these Terms will not be deemed a waiver of our right to enforce such provision in the future.