Terms of Service

1. Acceptance of Terms

By accessing or using caladansemi.com (the "Site") or any services provided by Caladan Semi("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or services.

2. Description of Services

Caladan Semi operates a marketplace platform that connects buyers and sellers of used semiconductor fabrication equipment and data center equipment. Our services include equipment listings, market data, pricing information, bid/ask matching, and related transaction facilitation.

3. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use our services. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

4. User Responsibilities

By using our Site and services, you agree to:

• Provide accurate, current, and complete information in all forms and inquiries
• Not misrepresent the condition, specifications, or provenance of any equipment
• Comply with all applicable laws, including U.S. export control laws and regulations
• Not use the Site for any unlawful, fraudulent, or deceptive purpose
• Not attempt to circumvent or manipulate our marketplace or pricing data
• Not scrape, harvest, or systematically collect data from the Site without written permission
• Maintain the confidentiality of any non-public information shared during transactions

5. Export Compliance

Semiconductor and electronic equipment may be subject to U.S. export control laws, including the Export Administration Regulations (EAR) administered by the Bureau of Industry and Security (BIS) and sanctions programs administered by the Office of Foreign Assets Control (OFAC).

By using our services, you agree that:

• You will not use, sell, or transfer any equipment in violation of applicable export laws
• You will provide accurate end-user and end-use information as required
• You will cooperate with our export compliance screening procedures
• Caladan Semi reserves the right to refuse any transaction that may violate export laws or that involves sanctioned parties or destinations

Violation of export control laws may result in civil and criminal penalties. Caladan Semi assumes no liability for transactions conducted in violation of these laws.

6. Marketplace Rules

Listings: Sellers are responsible for the accuracy of all listing information, including equipment condition, specifications, and pricing. Caladan Semi does not guarantee the accuracy of seller-provided information.

Pricing Data: Market data and price ranges published on the Site are provided for informational purposes only. They represent historical data and do not constitute an offer, guarantee of value, or appraisal.

Bids and Asks: Submitting a bid or ask through our platform constitutes an expression of interest, not a binding contract. Binding agreements are formed only through separate written purchase agreements.

Fees: Caladan Semi may charge transaction or service fees. Any applicable fees will be disclosed prior to completing a transaction.

7. Warranty Disclaimer

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Caladan Semi does not warrant that (a) the Site will be uninterrupted or error-free; (b) pricing data is accurate, complete, or current; (c) any equipment listed will be available or perform as described by sellers; or (d) the Site is free of viruses or other harmful components.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CALADAN SEMI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total liability to you for any claim arising from these Terms or your use of the Site shall not exceed the greater of (i) the total fees paid by you to Caladan Semi in the twelve (12) months preceding the claim or (ii) one hundred dollars ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless Caladan Semi and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your violation of any applicable law, including export control regulations.

10. Intellectual Property

All content on the Site, including text, graphics, logos, pricing data, market indexes, and software, is the property of Caladan Semi or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

11. Third-Party Links

The Site may contain links to third-party websites. These links are provided for convenience only. Caladan Semi has no control over the content of those sites and accepts no responsibility for them.

12. Termination

Caladan Semi reserves the right to terminate or suspend your access to the Site at any time, without notice or liability, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to personal jurisdiction in those courts.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will indicate the revised date at the top of this page. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us: