Effective September 28, 2008
Updated September 28, 2008
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
ACKNOWLEDGEMENT AND ACCEPTANCE.
- 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.
ACKNOWLEDGEMENT OF LICENSE GRANT AND Site Content.
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.
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.
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.
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.
- 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.
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.
Modification, Waivers, Integration.
Governing Law, Jurisdiction, Etc.
Captions are for the ease of reference only and shall not affect the meaning of the relevant provisions.