PHOTON Consulting

Terms of Use

Effective September 28, 2008
Updated September 28, 2008

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

ACKNOWLEDGEMENT AND ACCEPTANCE.

  • Welcome to www.PhotonConsulting.com (the “Site”), the web site of PHOTON Consulting, LLC (including all of its affiliates, “PHOTON”).  This Site is owned and operated by PHOTON and is being provided to users of the Site (“Users”) under the following terms and conditions and any operating rules, policies, and procedures that may be published from time to time on this Site by PHOTON (collectively, the “Terms of Use”).  These Terms of Use govern Users’ access to and use of the Site.  For the purposes of these Terms of Use, “You” or “Your” shall refer to you as a User.
  • This Site is controlled and offered by PHOTON from its facilities in the United States of America and is intended for use by United States residents only.  PHOTON makes no representations that the Site is appropriate or available for use in other jurisdictions.  If You are a non-U.S. resident and access this Site, You do so at Your own risk and are responsible for compliance with local laws and regulations.
  • CAUTION: Read the following agreement carefully.  BY USING THE SITE, you agree to these Terms of Use and represent and warrant that you have the authority to be bound to the TERMS OF USE.  IF you are NOT WILLING TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE.

ACKNOWLEDGEMENT OF LICENSE GRANT AND Site Content.  

  • Subject to these Terms of Use, PHOTON hereby grants You a nonexclusive, nontransferable right to (i) access the Site; (ii) access the information, materials, reports, text, graphics, images, sound files, animation files, video files and any other material made available through the Site (the “Content”) and (iii) download, print and use one copy of the Content for Your personal or internal use only.  Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms of Use and is a violation of law.
  • You will protect the Content from unauthorized copying or use.  Modifications of, additions to, or deletions from the Content are strictly prohibited.  Except as specifically permitted in this Agreement, You shall not, directly or indirectly, (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed or use the Site in any manner which violates this Agreement or any applicable laws; (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law); or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate, or otherwise modify the Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv).  You agree not to remove or alter any printed or on-screen copyright, trade secret or other legal notices contained on or in the Content.  Reproduction of the Content in any form or by any means, including but not limited to information storage and retrieval systems, recordings and re-transmittals, use in any timesharing, service bureau, bulletin board or similar arrangement or public display without PHOTON’s written permission is forbidden.  Upon request, You will provide PHOTON with evidence of compliance with this Section.  Any special rules for the use of certain software and other Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.
  • The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws.  The Content includes both material owned or controlled by PHOTON and material owned or controlled by third parties and licensed to PHOTON.  Title to all Content remains with PHOTON or the third party owners of such Content.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  All rights not expressly granted herein are reserved by PHOTON.  Any questions regarding use of the Content should be directed to info@photon-consulting.com

Payment. 

In the event a User wishes to purchase reports or other materials from PHOTON that are made available through the Site, such User shall pay fees as specified at such time on the Site.  PHOTON reserves the right to change the amount it charges for such reports and materials from time to time and to offer different price plans to different Users.  Fees are billed in advance and are due and payable by credit card, as identified during the purchasing process.  
  If you have elected to pay by credit card, you authorize PHOTON to withdraw payment from the credit card You identified and You represent and warrant that You are an authorized user of such credit card.  PHOTON is authorized to charge payment equal only to the amount of the fee as specified during the purchasing process.  You have the right to have the amount of any erroneous charge credited to Your account as soon as reasonably possible and upon proper notification to PHOTON.

Privacy Policy

Information submitted by Users through their use of the site will be treated in accordance with PHOTON’s privacy policy .  PHOTON will not disclose any personally identifiable information about a User unless authorized by that User or unless PHOTON is required to do so by law or in the good faith belief that such action is necessary to:  (a) conform with applicable laws or comply with legal process; (b) protect and defend the rights or property of PHOTON; or (c) enforce these Terms of Use. 

Copyright Notification.

PHOTON does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and PHOTON will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights.  If You are a copyright owner or an agent thereof and believe that any Content on the Site infringes upon or otherwise conflicts with Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
  • a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please contact PHOTON’s designated Copyright Agent [include Copyright Agent information here] to send notifications of claimed infringement.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PHOTON through the Contact Us area of the Site.  You hereby acknowledge and agree that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.

Trademarks

PHOTON and PHOTON’s logo and other product and service names of PHOTON are trademarks of PHOTON including those of its licensors (the “PHOTON Marks”).  You agree not to display, reproduce or otherwise use in any manner PHOTON Marks without PHOTON’s prior written permission.

Links 

The Site may provide links to other Web sites or resources.  PHOTON is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.  PHOTON 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 use of or reliance on any such content, products or services available on such external sites or resources.  PHOTON provides these links and references to You only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.

DISCLAIMER OF WARRANTIES.

  • THE USE OF THE SITE IS AT THE USER’S SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS.  PHOTON DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  PHOTON MAKES NO WARRANTY THAT THE SITE WILL MEET THE USER’S REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED, NOR DOES PHOTON MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE.
  • ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM PHOTON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  • THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.  NO CONTENT PROVIDED IS INTENDED TO BE USED AS, OR SHOULD BE CONSTRUED AS PROVIDING, ANY BASIS FOR AN INVESTMENT DECISION OR AS REFLECTING RECOMMENDATIONS TAKING INTO ACCOUNT YOUR INDIVIDUALIZED REQUIREMENTS.  ANY INVESTMENT CARRIES WITH IT RISK.  PAST PERFORMANCE DOES NOT AND CANNOT GUARANTEE FUTURE RESULTS.  PHOTON DISCLAIMS ANY WARRANTY OR LIABILITY WHATSOEVER FOR ACTIONS YOU MAY TAKE AS A RESULT OF ACCESS TO THE SITE.  ALTHOUGH CONTENT IS GATHERED FROM SOURCES PHOTON CONSIDERS RELIABLE, PHOTON DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, EFFICACY OR USE OF THE CONTENT.  NEITHER ACCESS TO NOR USE OF THE SITE AND CONTENT IS INTENDED AS OR SHALL CONSTITUTE (I) ANY INVESTMENT ADVICE OR ADVERTISEMENT, (II) AN OFFER, OR A SOLICITATION OF ANY OFFER, BY PHOTON FOR THE PURCHASE OR SALE OF ANY INVESTMENT, SECURITIES OR OTHER PROPERTY, OR (III) A REPRESENTATION THAT ANY INVESTMENT, SECURITY OR OTHER PROPERTY IS SUITABLE FOR YOU OR OTHERS.
  • PHOTON’S ESTIMATES ARE BASED LARGELY ON OUTSIDE-IN ANALYSIS AND ARE PRONE TO INACCURACIES. WHILE PHOTON STRIVES FOR AN ACCURATE ASSESSMENT OF THE SECTOR BASED ON RIGOROUS ANALYSIS OF AVAILABLE DATA, PHOTON RECOGNIZES THAT ITS ANALYSIS COMES UP SHORT IN SOME CASES. ESPECIALLY WITH PRIVATE COMPANIES FOR WHICH THERE IS LITTLE PUBLIC INFORMATION DISCLOSURE, PHOTON’S VOLUME, PRICE AND MARGIN ASSUMPTION HAVE POTENTIAL TO BE SIGNIFICANTLY OUT-OF-LINE WITH ACTUAL VOLUME, PRICE AND MARGINS. BECAUSE OF THE VOLUME OF INFORMATION PHOTON SYNTHESIZES AND THE CONSTRAINTS OF CONFIDENTIALITY, THE ESTIMATES PUBLISHED IN THIS REPORT ARE PRONE TO INACCURACY. THUS READERS SHOULD TAKE PHOTON’S EVALUATION OF VOLUMES, PRICES AND PROFIT MARGINS AS “BALLPARK” ESTIMATES INTENDED TO BE A STARTING POINT FOR EVALUATING THE GROWTH PROSPECTS OF THE SOLAR POWER SECTOR. DESPITE THE INACCURACIES AND IMPRECISION, PHOTON HOPES THAT THE INFORMATION PROVIDED IN THIS REPORT IS A USEFUL CONTRIBUTION TO A DIALOGUE ABOUT THE GROWTH PROSPECTS FOR THE SOLAR POWER SECTOR.

    THE INFORMATION AND STATISTICAL DATA HEREIN HAVE BEEN OBTAINED FROM SOURCES PHOTON BELIEVES TO BE RELIABLE. SUCH INFORMATION HAS NOT BEEN INDEPENDENTLY VERIFIED AND PHOTON MAKES NO REPRESENTATIONS OR WARRANTY AS TO ITS ACCURACY, COMPLETENESS OR CORRECTNESS. ANY OPINIONS OR ESTIMATES HEREIN REFLECT THE JUDGMENT OF PHOTON AT THE DATE OF PUBLICATION AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. THIS IS NOT A SOLICITATION OR ANY OFFER TO BUY OR SELL. 

LIMITATION OF LIABILITY.

  • PHOTON SHALL NOT BE LIABLE TO THE USER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF THE USER’S DATA, OR FAILURE OF THE SITE TO STORE THE USER’S DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF PHOTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • IN EACH CASE, THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE INTENDED TO APPLY REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTORY OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE.  EACH PARTY ACKNOWLEDGES AND AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE A CONDITION OF THE OTHER PARTY ENTERING INTO THESE TERMS OF USE.
  • SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.

User Feedback

PHOTON is pleased to hear from Users and welcomes Your comments regarding the Site. Please be advised, however, that PHOTON does not accept or consider unsolicited ideas.  Please do not send Your unsolicited ideas or any original materials to PHOTON or anyone at PHOTON.  If, despite this request, You still send PHOTON Your ideas and materials, please understand that by submitting the information through this Site, You assign PHOTON, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials You submit.  PHOTON will be entitled to use any information and materials You submit through this Site for any purpose whatsoever without restriction and without compensating You in any way, and by submitting any such information and materials, You represent to PHOTON that You have the right to do so.

Indemnification

You agree to indemnify, defend and hold harmless PHOTON, its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with Your use of or access to the Site or Your violation of these Terms of Use.

Modification, Waivers, Integration. 

PHOTON may modify these Terms of Use from time to time.  Upon any modification to these Terms of Use, PHOTON will provide You with notice of the modification and will post the modified Terms of Use, together with a description of the modifications made.  The modified Terms of Use will be effective immediately upon its posting on the Site.  Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes the Your agreement to abide and be bound by such terms, as modified.  Should You object to any modification, Your sole recourse is to stop using the Site.  These Terms of Use may not otherwise be modified, except in a writing signed by both parties.  PHOTON reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to You, and is not obligated to support or update the Site.  PHOTON shall not be liable to You or any third party in the event that PHOTON exercises its right to modify or discontinue the Site (or any portion of the Site).  Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms of Use.  No delay or failure on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof or of any other right or remedy.  No waiver whatsoever shall be valid unless in writing, signed by the party to be charged, and then only to the extent therein set forth.  These Terms of Use constitutes the entire agreement of the parties with respect to the matters contemplated hereby.

Assignment 

You shall not assign or otherwise transfer these Terms of Use, in whole or in part, or delegate or subcontract any of its rights or obligations hereunder, without PHOTON’s prior written consent, such consent not to be unreasonably withheld.  Any attempted transfer or delegation by You without PHOTON’s consent will be void.  These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns.

Governing Law, Jurisdiction, Etc. 

These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of law.  The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the Commonwealth of Massachusetts.  TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THIS AGREEMENT.

Third Parties

These Terms of Use shall confer no rights upon any other party other than the parties hereto.

Partial Invalidity

The invalidity or unenforceability of any one or more sections of these Terms of Use shall not affect the validity or enforceability of its remaining provisions.

Section Headings

Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.

Acknowledgement

You acknowledge that You have read and understand these Terms of Use, and that these Terms of Use has the same force and effect as a signed agreement.

PHOTON Consulting LLC
200 Clarendon St, 50th floor
Boston, MA 02169

Phone: (617)874-5500
Fax: (617) 262.4309
Email: info@photon-consulting.com
http://www. PhotonConsulting.com