Terms of Use

Last updated December 2, 2013

We welcome you to our website, and encourage you to use our website to acquire information and take advantage of features and services offered on our website. Our agreement to allow you to use our website is subject to your agreement to certain rules for use of our website. The rules are in these Terms of Use. If you use our website, you are considered to have understood and agreed to these Terms of Use, so these Terms of Use are a legal contract between you and us.

In these Terms of Use, the words Cree, we, us, and our refer to Cree, Inc. and its subsidiaries. The words you and your refer to you individually, if you accessed our website for personal purposes, or the organization that you represent, if you accessed our website on behalf of an organization. The word information includes the words content and material.

Your use of particular services on this website and your purchase of products or services through our website is subject to specific guidelines, terms or agreements, referred to as Specific Terms, that supplement these Terms of Use. Any sale of products or services through our website is subject to the Cree Terms and Conditions that are linked to the webpage for the sale of products or services. If there is a conflict between these Terms of Use and Specific Terms for the sale of products or services, the Specific Terms control. These Terms of Use do not alter the terms or conditions of any agreement you may have with us to the extent that the other agreement governs issues other than your use of our website.

Our website is controlled and operated within the United States of America, and is designed for use by businesses worldwide and by consumers within the United States. CREE MAKES NO REPRESENTATION THAT OUR WEBSITE IS APPROPRIATE FOR USE BY CONSUMERS OUTSIDE THE UNITED STATES.

Updates

We may change these Terms of Use from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. We encourage you to review our Terms of Use from time to time for possible changes. Your use of our website after an update constitutes your agreement to the update.

Privacy and Cookies

Please review our Privacy Policy, which also governs your visit to our website and describes our practices concerning collection and use of information about visitors, including our use of cookies.

Electronic Communications

When you visit this website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

Submitting Information

By submitting information to Cree using this website, you represent and warrant:

  • you own or otherwise control all of the rights to the information that you post or submit and the information is entirely your work and is not copied from any other source;
  • the submitted information is accurate and a true statement of facts;
  • use of the submitted information complies with these Terms of Use;
  • the submitted information will not cause injury to any person or organization; and
  • the submitted information does not contain any malware or other devices intended to interfere with the operation of the website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information.

As a visitor to this website, you agree that you will not use this website to:

  • upload, post or otherwise transmit any information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm anyone, including minors, in any way;
  • market or sell products or services, except as may be agreed with Cree in writing;
  • interfere with the operation of the website through the use of viruses, programs or technology designed to disrupt or damage software or hardware or to gain unauthorized access to information;
  • employ a robot, spider or other process or device to harvest email addresses or other visitor information or to monitor activity on the website;
  • impersonate another person or entity or forge any electronic communication or message;
  • transmit or post information in violation of confidentiality agreements or the intellectual property or personal representation rights of any other person; or
  • violate any applicable local, national or international laws.

If this website allows visitors to post information that can be viewed by the general public, we will review the posts from time to time but the person or organization making a post is entirely responsible for the post and Cree has no liability in connection with the posts. You are responsible for ensuring that any post made using your email address complies with these Terms of Use. We have the right to edit any post for relevance and succinctness and to decline to allow or preserve any post. In addition, we have the right to remove any post, including any post we feel is inappropriate, illegal, offensive, potentially or actually harmful, or may negatively impact website operations.

If you provide us with a testimonial regarding use of our products or services, whether solicited or unsolicited, you authorize us to post that testimonial on our website in areas accessible to the public and to release your name or otherwise publicize the fact that you submitted information to us. We have the right to edit your submitted testimonial, including text as well as pictures and video, as we think appropriate for presentation on our website. In addition, you authorize us to use all or portions of your testimonial for other purposes, for example in marketing materials or regulatory filings. In addition to the warranties above, you also represent and warrant that you have the authority to provide the testimonial to us for the purposes described in this paragraph, and that you have written approvals from anyone whose work, name or image appears in the testimonial. While we welcome all testimonials, inclusion of any particular testimonial on our website is entirely at our discretion.

We do not wish to receive through our website information that you may consider confidential or proprietary, for example new product or service ideas or information about your own business plans. Any information submitted to Cree through email, posts to this website, or otherwise, will not be considered confidential unless we have specifically agreed otherwise in a written agreement signed by an authorized Cree representative. Without this type of an agreement, you agree that there are no restrictions on our ability to use or distribute the information, and that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose and to modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media information that you provide us.

By submitting information to Cree using this website, you waive any rights that you may have with respect to submitted information. To the extent that you nevertheless retain the rights, you agree not to enforce them against Cree.

By submitting information to Cree using this website, you agree that you indemnify and hold Cree harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of any claim, suit or proceeding arising from any information that you supply through this website, your violation of the rights of third parties, or your failure to comply with these Terms of Use.

Trademarks and Website Links and Feeds

Click here for a list of Cree trademarks and registered trademarks. This list may not be complete. All trademarks, product and company names mentioned in our website that are not owned by us are the property of their respective owners, who may not be affiliated with, connected to, or sponsored by us and these items do not imply specific product or vendor endorsement, sponsorship or association.

Without express written permission from us, you may not:

  • create links to any page of this website;
  • use any name, logo or other trademark of Cree as part of any link;
  • frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) presented on our website;
  • use any meta tags or any other hidden text using Cree’s name or trademarks.

Our website may contain links to other sites over which we have no control and that are independent of Cree even though they may contain Cree logos or icons. The inclusion of any link does not imply our endorsement of the site or the site's contents or owner, and we are not responsible for the content or the use of the sites or the actions of the owners of the sites.

Our website may display feeds from Cree’s social media accounts, such as Facebook and Twitter accounts, as well as feeds from other parties, which contain information that we did not generate. The persons contributing the information into the feeds displayed on our website are solely responsible for the information. We have the right to monitor, review and edit or delete the information, but are not required to, and we are not responsible for the information.

Your Responsibility to Protect against Viruses

We have no intention of distributing any electronic materials designed to deliberately cause errors in or disrupt use of any computer system. It is your responsibility to take precautions to ensure that whatever you may download from our website is free of viruses and other destructive items. We have no liability for any virus or other malware introduced to your computer system through access to or download from our website.

Your Account

If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. Cree does not sell products for children. Purchases can be made by companies or individuals who have opened an account and use a credit card or other permitted payment method. Individuals under 18 years of age may open an account and make purchases only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit account information, or cancel orders in our sole discretion.

Access to Password Protected/Secure Areas

Access to and use of password protected or secure areas of this website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website may be subject to prosecution.

Copyright

Copyright to this website is owned by Cree, Inc. and all content is owned by Cree. You may download, display and print information on this website for your personal, non-commercial use, including to evaluate Cree products and services for use in your business. Any other copying, distribution, re-transmission or publication of any information posted on this website is strictly prohibited without the express written consent of Cree.

Copyright Infringement Claims

If you believe that any information contained in this website infringes your copyright, you should notify Cree of your copyright infringement claim in accordance with the following procedure. Cree will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Procedure for Notifying Cree of Copyright Infringement

To provide Cree notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification" care of copyrightagent@cree.com that includes the information specified by the DMCA. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright. Cree's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Cree, Inc., 4600 Silicon Drive, Durham, NC 27703-8475, USA, telephone (919) 407-5300, email: copyrightagent@cree.com. Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the other contacts provided on this website. You acknowledge that if you do not comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

Procedure for Providing Cree with Counter-notification

If Cree removes or disables access to information in response to an infringement notice, Cree will make reasonable attempts to contact the owner or poster of the affected information. If you are contacted and feel that your information does not constitute infringement, you may provide Cree with a counter-notification by written communication to the attention of "DMCA Infringement Notification" care of copyrightagent@cree.com that includes the information required by the DMCA. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, please consult a lawyer.

Reference Designs and Technical Information

Reference designs and other information presented on this website are provided for informational and educational purposes only. No representation or warranty is made in connection with the information, including but not limited to the effectiveness, economy, safety or utility of designs based on the information, which is provided AS IS. The inclusion of information on this website does not imply any license under patent or other intellectual property rights held by Cree, Inc. or any other individual or organization.

Patents

In accordance with the marking requirement of 35 U.S.C. § 287 as amended by the Leahy-Smith America Invents Act, please click here for patent lists for Cree's products.

Export of Information

The United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded or otherwise exported in violation of United States law.

English Language

You agree that there is no requirement to translate all or any portion of our website or the information provided through our website into any other language than the ones in which it appears. You further agree that all contractual and transactional communications between you and us shall be in the English language, and that there is no requirement to translate any communication into any other language.

Caution Regarding Forward-Looking Statements

In accordance with the Private Securities Litigation Reform Act of 1995, this website may contain statements that look forward in time, which include everything other than historical information. Forward-looking statements are based on current expectations at the time the statement was prepared and are subject to risks and uncertainties that may cause actual results to differ materially from those indicated by the forward-looking statements. Examples of forward-looking statements include, but are not limited to: (i) projections of revenues, income or loss, earnings per share, capital expenditures, capital structure and other financial items; (ii) statements of plans and objectives of Cree or its management or board of directors, including the introduction of new products or predictions of actions by customers, suppliers or competitors; (iii) statements of future economic performance; and (iv) statements of assumptions underlying other statements about Cree and our business. Factors that could cause our actual results to differ include, among others, possible delays in achieving or failure to achieve technology breakthroughs necessary for product improvements and new products; possible delays in or failure to achieve yield improvements and lower unit product costs; concentration of accounts in a few major customers; price competition; and other factors discussed in our filings with the Securities and Exchange Commission.

No Warranty

We attempt to be accurate with regard to information posted on our website. However, we do not warrant that product descriptions or other content on this site is accurate, complete, reliable, current, or error-free. All information published on this website is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Designs or other items of technical information that may be made available on or through this website are used at your own risk, and you agree to indemnify and hold us harmless from and against any loss, cost or liability, including but not limited to reasonable attorneys’ fees, that we may incur as a result of your use of such designs or other technical information. Information on this website may be inaccurate or incomplete and may be changed or updated without notice. We make no warranty that any designs or other technical information are appropriate for use in any particular jurisdiction. We may make changes in the products, services, programs or relationships described on this website at any time without notice. We make no warranty that our website will operate without interruption or error. No statements provided orally or by email shall create or modify any warranty or disclaimer of warranty.

Indemnification Procedure

If any claim, suit or proceeding (referred to as a Claim) brought against us is within the scope of an indemnity that you have provided under these Terms of Use, we will give you notice of the Claim at the most recent email address for you in our records. We will conduct the defense of the Claim and you will assist in the defense as we reasonably request. You agree that you will not, and will have no authority to, settle or compromise any Claim without our express written approval. We will send invoices to you from time to time showing the losses, costs or liabilities that we have incurred, and you agree to pay the invoices within thirty days of the invoice date. Invoices not paid within thirty days for any reason, including but not limited to difficulty in locating you and providing you with the invoices, accrue interest at the rate of five percent (5%) per year, compounded monthly, or the highest rate allowed by law, if less.

Limitation of Liability

IN NO EVENT WILL CREE OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY OTHER PERSON, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR ANY LINKED WEBSITE OR INFORMATION, OR FROM ANY PRODUCT OR SERVICE LACK OF RECEIPT OR AVAILABILITY OF ANY PRODUCT OR SERVICE ORDERED THROUGH THIS WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

If you are dissatisfied with this website, its contents, these Terms of Use, or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this website.

Governing Law and Jurisdiction

This website is controlled by Cree from its offices in Durham, North Carolina, in the United States of America. All matters relating to access to, or use of, this website are governed by applicable federal laws of the United States of America and the laws of the State of North Carolina, without regard to conflicts of laws provisions. Any legal action or proceeding relating to access to, or use of, this website or the information it contains is subject to the exclusive jurisdiction of the state and federal courts located in Durham County, North Carolina. You and Cree agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any legal action or proceeding.

Enforcement

Any unauthorized use of our website terminates your permission to access and use our website and may subject you to prosecution. If any provision in these Terms of Use is found invalid or unenforceable for any reason, that provision shall be considered severable from the other provisions and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to these Terms of Use or your use of our website must be filed with a court of competent jurisdiction within one year after it arose or is permanently barred.