TERMS OF USE

Welcome to the Photonic Solution Center website (site). Except where otherwise noted, these terms and conditions govern your use of the Photonic Solution Center site. Please read these terms carefully, as use of the site constitutes your agreement to follow and be bound by these terms. The Photonic Solution Center provides you with access to and use of the site subject to your compliance with the terms. If you do not agree to these terms, you should not access or use the site. The Photonic Solution Center reserves the right to make changes to the site and to these terms from time to time and we encourage you to review the terms whenever you use the site.

The Photonic Solution Center site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is exclusive property of the Krell Technologies Inc. (KrellTech). or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. As such, this content cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted by the Photonic Solution Center or its agents. Except as otherwise provided on the site or in these terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of KrellTech.

If you make use of the site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

We grant you a personal, limited, non-exclusive, non-transferable license to access the site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice, to revise content, products, pricing, to terminate, change, suspend or discontinue any aspect of the site, including, but not limited to, the materials and content as well as features and/or hours of availability of the site, and we accept no liability for doing so. We may also, at our sole discretion, impose rules for and limits on use of the site or restrict access to part or the entire site without notice or penalty. KrellTech and its agents may also exercise its right to change these rules and/or limitations at any time.

The Photonic Solution Center site may be used only for lawful, personal, noncommercial use, limited to viewing the site, entering contests, purchasing products, providing approved photographs, videos and information to the site, and downloading information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of photographs and information and are responsible for the consequences of such communications. KrellTech specifically prohibits any use of its site, and requires all users to agree not to use the site, for any of the following:

  • Posting inaccurate, false or incomplete information or content, videos or photographs that you are not authorized to post or do not belong to you.
  • Engaging in conduct that would constitute a criminal offense, violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol or giving rise to civil liability.
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity rights of another
  • Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
  • Attempting to interfere in any way with the site's or the Photonic Solution Center’s networks or network security, or attempting to use the site's service to gain unauthorized access to any other computer system
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
  • Communicating, transmitting, or posting material that is pornographic or lewd in nature at the discretion of the Photonic Solution Center.

 

Basic Terms

  1. You must be at least 18 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, the Photonic Solution Center prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to the Photonic Solution Center upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You agree that you will not solicit, collect or use the login credentials of other the Photonic Solution Center users.
  5. You are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the site, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  7. You may not use the site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the the Photonic Solution Center site and your Content (defined below), including but not limited to, copyright laws.
  8. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the site.
  9. You must not change, modify, adapt or alter the Photonic Solution Center site or change, modify or alter another website so as to falsely imply that it is associated with the Photonic Solution Center.
  10. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Photonic Solution Center users.
  11. You must not use domain names or web URLs in your username without prior written consent from the Photonic Solution Center.
  12. You must not interfere or disrupt the site, its servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any the Photonic Solution Center page is rendered or displayed in a user's browser or device.
  13. You must not create accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  14. You must not attempt to restrict another user from using the Photonic Solution Center and you must not encourage or facilitate violations of these Terms of Use or any other the Photonic Solution Center terms.
  15. Violation of these Terms of Use may, in KrellTech’s sole discretion, result in termination of your account. You understand and agree that KrellTech cannot and will not be responsible for the content posted on the site and your use of the site is at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for KrellTech, we will exercise our rights to terminate your account.

 

User-submitted Content (User Content)

Any and all photographs, video, content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively "User Content") that you submit or post on the site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant the Photonic Solution Center and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever.

KrellTech, the Photonic Solution Center, will be free to use any photographs, videos, ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. KrellTech shall have no obligation to monitor User Content, use or display User Content, respond to User Content, or compensate User Content submissions except where otherwise published. KrellTech retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold KrellTech and its employees, agents and affiliates harmless from any and all damages, injury, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.  Additionally, you hereby agree to indemnify and hold KrellTech and its employees, agents and affiliates harmless from any and all damages, injury, claims, expenses, costs or fees arising from or in connection with the acquisition of submitted User Content.

 

Trademarks and Copyrights

Unless otherwise indicated, the Photonic Solution Center logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials are owned by the Photonic Solution Center and may be registered in the United States and internationally. the Photonic Solution Center is the copyright owner or licensee of the materials, graphics and content on the site. All other trade and service marks and logos displayed on the site are the sole property of their respective owners. You agree not to display or use the the Photonic Solution Center Intellectual Property or any other company whose marks appear on the site, in any manner without prior permission. Nothing on the site should be construed to grant any license or right to use any the Photonic Solution Center Intellectual Property without the prior written consent of the Photonic Solution Center.

 

the Photonic Solution Center Commerce

In order to enhance the  Photonic Solution Center experience, we may create opportunities or impose certain conditions, we may also place limits and conditions on content. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases and redemptions of the Photonic Solution Center merchandise, including, but not limited to, all purchases made on websites of the Photonic Solution Center and affiliate products.

Although the Photonic Solution Center makes every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and as such, cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, specifications and prices are subject to change. Availability of merchandise specific color, size and style is subject to change at any time. The Photonic Solution Center is not responsible for typographical errors regarding price or any other matter.

 

Third-Party Links, Communications and Content

The Photonic Solution Center links either through the site or from communications you receive from the Photonic Solution Center, to third-party web sites or their communications. There may also be links to third-party web sites or features in images that may contain third-party content that we do not control, maintain or endorse. Site functionality may also permit interactions between the Photonic Solution Center and a third-party web site or feature, including applications that connect the Photonic Solution Center or your profile with a third-party web site or feature. For example, we may include a feature that enables you to share Content or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. The Photonic Solution Center does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that the Photonic Solution Center is in no way responsible or liable for any such third-party services or features.

By accepting the Terms you agree that your correspondence and business dealings with third parties found through the Photonic Solution Center are solely between you and the third party. You may choose, at your sole and absolute discretion and risk, to use applications that connect your profile on the Photonic Solution Center app, mobile and website with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your the Photonic Solution Center profile. By using such Applications, you acknowledge and agree to the following: if you use an Application to share information, you are consenting to information about your profile on the Service being shared; your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if the Photonic Solution Center has not itself provided such information; and your use of an Application is at your own option and risk, and you will hold the Photonic Solution Center and its employees, agents and affiliates harmless for activity related to the Application.

 

 

Site and Network Security

Violations of system or network security may result in civil or criminal liability. Yhe Photonic Solution Center will investigate occurrences and may involve, and cooperate with law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the site, including, without limitation, the following:

  • Accessing data not intended for you or logging on to a Photonic Solution Center server or account, which you are not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere or interfering with the operation of the site, our provision of services to any other visitors to the site, our hosting provider or our network, including, means of submitting a virus, overloading, "flooding", "mail bombing" or "crashing" the site.
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the site.

 

Disclaimers and Limitations of Liability

The Photonic Solution Center publishes information on its site as a convenience to its visitors and although we make every attempt to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the site at any time without notice. The Photonic Solution Center products and its affiliate products described herein may have limited availability and some may not be available for purchase in certain jurisdictions.

You assume all responsibility and risk with respect to your use of the  Photonic Solution Center site, which is provided "AS IS." KrellTech disclaims all warranties, conditions, representations and endorsements of any kind, either express or implied, with regard to information accessed from or via the site, including without limitation, all content and materials, functions and services provided on the site, which are provided without warranty of any kind, including but not limited to any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. KrellTech does not warrant that the site or its function or the content and materials or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. KrellTech makes no warranty that the site will meet users' expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein. If you are dissatisfied with the site, your sole remedy is to discontinue using the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

KrellTech makes no warranties of any kind regarding any non- Photonic Solution Center sites to which you may be directed or hyperlinked from this site. Hyperlinks are included solely for your convenience, and the Photonic Solution Center makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- the Photonic Solution Center sites. KrellTech/Photonic Solution Center does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the site.

IN NO EVENT SHALL KRELLTECHNOLOGIES INC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF THE PHOTONIC SOLUTION CENTER OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow this limitation or exclusion of liability so some of the above limitations may not apply.

You agree to defend, indemnify and hold Krell Technologies Inc/Photonic Solution Center, its directors, officers, employees, agents, successors, and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the site, your violation of the terms and conditions or the posting or transmission of any materials on or through the site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

Any dispute relating to these terms, your visit to the site or to any purchase, return or other transaction with KrellTech/Photonic Solution Center shall be submitted to confidential arbitration. However, if you have in any manner violated or threatened to violate any the Photonic Solution Center Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

These Terms constitute the entire agreement between you and Krell Technologies Inc./Photonic Solution Center and govern your use of the Site, and they supersede any prior agreements between you and the Krell Technologies Inc./Photonic Solution Center. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Krell Technologies Inc./Photonic Solution Center may terminate this agreement and deny you access to the site at any time, immediately and without notice, if in the KrellTech’s sole discretion you fail to comply with any provision of these terms.

You agree that no joint venture, partnership, employment, or agency relationship exists between the KrellTech and you as a result of this agreement or your use of the site.

Any claim or cause of action you may have with respect to KrellTech or the Photonic Solution Center site must be commenced within one (1) year after the claim or cause of action arose.

The failure of the Krell Technologies Inc. to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these terms shall not affect the enforceability of those portions of the terms deemed enforceable by applicable courts of law.

These terms shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New Jersey.

You may not assign the terms or any of your rights or obligations under the terms without the express written consent of Krell Technologies Inc./Photonic Solution Center.

To contact us with any questions or concerns in connection with these terms, or to provide any notice under these terms please refer to our Contact page.