Terms & Conditions of Use
Please read these Terms & Conditions of Use (“Terms”) carefully before using this site. By accessing and using this website, you acknowledge and agree to abide by the following Terms. If you do not agree to these Terms, do not use this website.
1. Terms and Conditions of Use
These Terms and Conditions of Use (“Terms”) govern your use of our website located at URL https://towersemi.com/ and https://jp.towersemi.com/ (“Our Sites”) and the services offered on Our Sites.
Our Sites is owned and operated by Tower Semiconductor Ltd. and/or its affiliates (“Tower”) in connection with its business. By using Our Sites, you acknowledge that you have read and understand, and you agree to abide by and be legally bound by these Terms. Furthermore, you agree to comply with all applicable laws and regulations including without limitation those governing export and re-export controls of the United States, Japan and Israel, and laws, regulations and rules regarding online conduct and acceptable content with regard to any posting or submissions you make. These Terms may cover services or features that are temporarily unavailable or that we expect to add in the near future. Some services or features may be governed by additional terms or terms that vary from these Terms. If you do not agree to these Terms, do not use Our Sites.
You acknowledge and agree that Tower owns all legal rights, title and interest in and to Our Sites, including any Tower trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide intellectual property and copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, used or distributed in any way without Tower’s prior written permission. Except as expressly provided herein, Tower does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Unless otherwise specified, all materials appearing on Our Sites, including the text, site design, graphics, logos, icons and images, audio and video clips, as well as the selection, assembly and arrangement thereof, all software and all proprietary rights therein are owned by or licensed to Tower and are protected by U.S. and international copyright laws. All other copyrighted materials are the property of their respective owners. You may view, download, print and retain a copy of pages of Our Sites provided that (1) your use of such information from Our Sites is for your informational, personal and non-commercial use only, (2) you do not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information which you make retains all legal notices, copyright and other proprietary notices contained therein, and (4) you make no modifications of such information. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from Our Sites in whole or in part without our prior written permission. By posting information on Our Sites, we do not waive any rights thereto or grant any licenses or any other rights thereto or to any of its intellectual property or proprietary rights thereto. If you wish to obtain permission to reprint or reproduce any materials appearing on Our Sites you may contact us at email@example.com. All rights not expressly granted herein are reserved.
4. Copyright Infringement
We respect the intellectual property rights of others and expect all of our partners and users of oOur Sites to do the same. If you believe that any material on Our Sites appears in a manner that infringes your copyright, you may notify us by sending an email to firstname.lastname@example.org. Upon receipt the notice, we will investigate your claim and if it will be proved justified, we will remove or block access to the allegedly infringing material. Please be advised that persons who falsely allege copyright infringement, may be liable for damages including attorneys’ fees incurred as a result of such claim.
5. Third Party Content
Our Site may contain user or third party submitted content; such content is not reviewed, approved or endorsed by Tower and is provided solely as a convenience to our customers and users. Under no circumstances will Tower be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS THEREFROM. By your use, you agree that you must evaluate, and bear all risks associated with, the use of any third-party content, including any reliance on the accuracy, completeness, or usefulness of such content.
6. Links to Other Materials or Sites
Our Sites may contain links to other sites or automatically produce search results that refer or link to other sites. The linked sites are not under the control of Tower and Tower is not responsible for the content of any linked site, any link contained in a linked site or any changes or updates to such third-party sites. Tower reserves the right to terminate any link or linking program at any time. Tower does not endorse companies or products to which it links and reserves the right to note as such on its web pages. We do not guarantee, represent, or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. If you decide to access any of the third-party sites linked to Our Sites, you do this entirely at your own risk and you agree and understand that you may not make any claim against us for any resulting damages or losses. However, if there is a problem with a link from Our Sites, please contact us.
7. Security and Privacy
8. Member Account, Password, and Security
Within the scope of your engagement with Tower, you may establish a member account and/or site password. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Tower immediately of any unauthorized use of your account or any other breach of security here. Tower will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Tower or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
9. No Unlawful or Prohibited Use
You agree that you will not use Our Sites for any purpose that is unlawful or prohibited by these Terms. You may not:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, harmful to minors, sexually explicit or pornographic material, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
- Promote illegal activities or conduct or contains instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- Use Our Sites to “stalk” or otherwise harass or harm another.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Our Sites.
- Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, mass mails, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, 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.
- You may not use the Our Sites in any manner that could damage, disable, overburden, or impair any Tower server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to Our Sites or interfere with any other party’s use and enjoyment of Our Sites.
- You may not attempt to gain unauthorized access to any website, other accounts, computer systems or networks connected to any Tower server, through hacking, password mining, solicits passwords or other credentials from other users or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the NASDAQ, and any regulations having the force of law; and/or
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
10. Communications With Us
We welcome your comments and suggestions about our products, services and Our Sites which you may submit to us through Our Sites, however we do not wish to receive confidential or proprietary information from you through Our Sites. All unsolicited product or service suggestions, ideas, concepts, know-how or techniques submitted to us will be deemed not to be confidential and will be deemed to be our property in the same manner as user content described in the next section of these Terms.
11. User Contributions to Our Site
We are not liable for any loss of data resulting from the operation of Our Sites or the enforcement of these Terms. We will not return any user content submitted to us or through Our Sites. We urge you to maintain your own back-up copy of any user content you submit to Our Sites.
12. Violation of the Terms and Conditions
By using Our Sites, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to Our Sites for any or no reason, including if we believe that any content you provide violates or is inconsistent with these Terms or their intent, that your conduct is disruptive, or that you have violated the law, our rights or the rights of another user.
13. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Our Sites and your use of the services we offer through Our Sites. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities.
14. Forward-Looking Statements
Some of the information on Our Sites may contain projections or other forward-looking statements regarding future events or our future financial performance, which are subject to risks and uncertainties. Words such as “expects,” “goals,” “plans,” “believes,” “continues,” “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties. Actual and future results may vary from those projected or implied by such forward-looking statements. A complete discussion of risks and uncertainties that may affect the accuracy of forward-looking statements or which may otherwise affect Tower’s business is included on Our Sites and under the heading “Risk Factors” in Tower’s most recent filings on Forms 20-F and 6-K, as were filed with the Securities and Exchange Commission (the “SEC”) and the Israel Securities Authority.
15. Accuracy and Completeness:
Tower does not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained within Our Sites.
16. Changes and Updates:
While we endeavor to provide accurate and up-to-date information, the directories and information contained in Our Sites may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. Our Sites and the content on Our Sites are provided by us on an as-is basis. We are under no obligation to update any information on Our Sites and make no commitment to update it. Tower reserves the right to modify or discontinue, temporarily or permanently, Our Sites (or any part thereof) with or without notice. Tower may make changes to Our Sites, or to the products described therein, at any time without notice.
17. Disclaimers and Exclusions of Warranty:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO THE OPERATION OF OUR SITE AND THE INFORMATION AND CONTENT INCLUDED OR OFFERED ON OUR SITE.
- IN NO EVENT SHALL TOWER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF TOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TOWER AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY:
- FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF ANY INFORMATION AVAILABLE FROM OUR SITE.
- FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE (1) IN CONNECTION WITH OUR SITE, ANY LINKED WEBSITE, USE OF OUR SITE OR THE INFORMATION OFFERED THROUGH OUR SITE, (2) AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR (3) ANY CHANGES TOWER MAY MAKE TO OUR SITES, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OUR SITES (OR ANY FEATURES WITHIN OUR SITES); OR IF APPLICABLE, (4) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
- THESE LIMITATIONS ON TOWER’S LIABILITY SHALL APPLY WHETHER OR NOT TOWER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
20. Applicable Law
You agree that any legal action brought against Tower shall be governed by the laws of the State of Israel and the competent courts in the District of Tel-Aviv Jaffa, Israel shall have exclusive jurisdiction in the event of any dispute or claim arising from your use of or orders made on Our Sites. You agree that any legal action brought against our subsidiaries located in Unites States shall be governed by the laws of the State of California, without regard to conflict of law principles, and the sole jurisdiction and venue for any litigation arising from your use of Our Sites or orders made on Our Sites shall be an appropriate federal or state court located in Orange County, California. You agree that any legal action brought against Tower Partners Semiconductor Co., Ltd. shall be governed by the laws of Japan and the competent courts in the District of Toyama, Japan shall have exclusive jurisdiction in the event of any dispute or claim arising from your use of Our Sites or orders made on Our Sites. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
User access to Our Sites is governed by all applicable federal, state and local laws. All information available on Our Sites is subject to U.S., Japan and Israel export control laws.
These Terms constitute the entire agreement between you and Tower and govern your use of Our Sites. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third-party software.
In the case of any violation of these Terms, Tower reserves the right to seek all remedies available by law and in equity for such violations.
Tower may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on Our Sites.
Copyright © 2022 Tower Semiconductor Ltd. All rights reserved.
Last update: February 2022