Terms of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE THOROUGHLY PRIOR TO USING THIS WEBSITE.
Legal Notice and Disclaimer included.
These are the legal disclosures and usage terms that pertain to the different websites (together referred to as the "Site") managed by Photon One Corporation or any of its affiliates, divisions, or subsidiaries ("Photon One") that delivers content or handles the information obtained through the relevant Site, as applicable and suitable.

"You, your" refers to the individual utilizing the Site. If the individual accessing the Site does so on behalf of, or for the benefit of, someone else, including a business or other entity, "you" or "your" also refers to that other individual or entity.

Your ability to access and utilize the Site and its content relies on your full acceptance and adherence to the subsequent terms and conditions of use (the "Terms"). By accessing and/or using this Site, you recognize and consent that you have read, comprehended, and agree to adhere to these Terms, which may be updated occasionally, along with our privacy policy that is integrated into these Terms by this reference.

We maintain the right to modify, enhance, supplement, or remove content from this Site and these Terms at any time for any reason without prior notification to you or anyone else. We suggest that you regularly check this Site and these Terms for any updates, as your ongoing use of the Site after we implement changes signifies your agreement to those modifications. If you do not agree to these Terms, as they may be revised periodically, you must leave the Site right away and stop using any materials acquired from the Site. If you are unhappy with this Site, your only solution is to stop using it, and you acknowledge that we may limit, change, or terminate your access and/or use of this Site for any reason without prior notice.

Intellectual Property Rights and Content Utilization.

This Site includes information, data, databases, Artificial Intelligence, source and object codes, photographs, graphics, text, images, designs, layouts ("look & feel"), user interfaces, presentations, educational materials, videos, clips, sounds, and additional content (collectively, "Content") that is safeguarded by copyrights, trademarks, and other proprietary rights, including intellectual property rights, which are recognized and protected in all current and future forms, media, and technologies. We own those copyrights and other proprietary rights, and we retain those rights. All material is protected as a collective work under Canadian copyright laws, and we possess copyright in the selection, coordination, arrangement, and enhancement of that material. You have permission to access, download, and reproduce the materials on this Site solely for your personal reference and non-commercial purposes as long as you:

• keep all notices included in the original materials and do not eliminate, delete, or disassociate any copyright, trademark, or other proprietary notices, restrictions, and symbols that signify the proprietary rights of Photon One present in or accompanying the Content (including copyright symbol [©] or trademark [™ or ®]);

• utilize solely images or other visual materials accompanied by relevant text associated with the visuals;

• you represent and guarantee that you will comply with all relevant laws in this regard and refrain from using, diluting, or tarnishing any name, mark, or logo that is the same as, or resembles closely any of Photon One’s Trademarks (as outlined herein).

You must not alter, eliminate, erase, enhance, include, distribute, engage in the transfer or sale of, generate derivative works from, or in any manner utilize any of the Content in whole or in part. No additional publication or commercial utilization of the Content on this Site is permitted without our explicit written consent. You are not allowed to make any section of this Site accessible as part of another website, whether through hyperlink framing or any other means. This Site and its content cannot be used to create any type of database, nor can it be saved (in full or in part) in databases for access by you or any third party, or to share any database containing all or part of the Site or its content.

Additional Intellectual Property Rights.

Be aware that any product, process, or technology mentioned in the content on this Site, as well as all logos and other proprietary identifiers utilized by Photon One and its affiliates related to the Site, are protected by other intellectual property rights held by us and are not granted a license here. The majority of other brand names on this Site and all Photon One Sites are trademarks and/or trade names of Photon One globally, regardless of whether they are registered.

The trademarks, service marks, trade names, and logos of other entities that may be present on the Sites are the property of their respective owners, identified whenever possible, and we recognize their rights ("Third Party Marks"). No right, license, or interest to the Photon One Trademarks and/or the Third Party Marks is provided herein, and you acknowledge that you will not assert any such right, license, or interest concerning the Photon One Trademarks or the Third Party Marks; thus, you will refrain from using any of those Marks.

You are not allowed to replicate, distribute, showcase, publicly execute, make publicly accessible, convert to a human-readable format, decompile, disassemble, alter, sublicense, engage in any commercial utilization, sell, lease, loan, process, compile, reverse engineer, merge with other software, translate, modify or produce derivative works from any material protected by our proprietary rights, whether by yourself or through someone else representing you, in any manner or by any methods, unless clearly authorized in these terms of use.

Additional Terms and Notices Might Be Relevant.

Further terms and conditions will be applicable to business dealings carried out or any promotions executed by us through this Website. Other terms will regulate any bulletin board services, closed Sites, chat zones, and/or other messaging or communication features provided through this Site. Nothing in this Legal Information Page is meant to alter or change any existing agreement between you and us. While these terms of use are meant to apply broadly to all Content found on the Site or Sites, this Site may include additional proprietary notices and usage conditions, the terms of which must also be adhered to as they relate to the specific sections of this Site for which they are intended. The terms of use for website pages specific to each country may differ and can be found on our Site for the respective country. We can withdraw or change any rights outlined on this Legal Information Page at any moment by revising this page.

Access to this Site and its content might be illegal in some countries, and we do not guarantee that the information on the Site is suitable or accessible for use elsewhere. Accessing this Site from outside the United States is at your own risk, and you are accountable for adhering to all relevant laws of your jurisdiction, including but not limited to laws regarding the transmission of data exported from the United States or your country of residence. We take on no responsibility or liability for such usage.

Execute operations on the Locations.

Your access to the Sites must comply with all relevant laws and regulations, and you are entirely accountable for your conduct on the Sites and the content of your messages through the Site. There are specific behaviors that are absolutely forbidden on the Site. Kindly examine the upcoming limitations thoroughly. Noncompliance with the terms outlined here (as assessed by us at our discretion) may lead to the revocation of your access to the Sites and could also subject you to civil and/or criminal consequences.

(a) You consent to not upload or save on the Site any Content that breaches or infringes upon anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (when protectable) confidential concepts) or that is considered obscene, inappropriate for minors, child pornography, defamatory, racist, indecent, lascivious, filthy, excessively violent, harassing, or otherwise inappropriate ("Objectionable").

(b) You consent to refrain from utilizing the Site for any purpose involving spamming or sending chain letters, unsolicited emails, or mass communications. You consent to refrain from sending any material that is Objectionable via the Site. You consent not to utilize any of our domain names as a fake return email address for any messages you send from another place or via another service; and you must not imitate another person or falsify their identity while using our services. Additionally, you consent to refrain from sending unsolicited or mass messages to any of our account holders or to any associated email address (regardless of whether you utilize the Site to send such communication).

(c) You consent to not utilize the Site for any illegal activities or purposes not mentioned above, including (but not limited to) attempting to breach the security of any connected account or Site, running an unlawful lottery or gambling operation, stalking, or issuing direct threats of violence;

(d) You consent to refrain from using the Site to upload, post, or otherwise send any Content that you lack the legal right to share publicly according to any law or based on contractual or fiduciary duties (including insider information, proprietary data, or confidential information obtained or revealed through employment relationships or nondisclosure agreements);

(e) You consent to refrain from using the Site to upload, post, or transmit any material that includes software viruses or other computer code, files, or programs intended to disrupt, destroy, or restrict the functionality of any software, hardware, or telecommunications equipment. This includes robots, spiders, crawlers, any search or retrieval applications, or employing any automated devices, processes, or methods to access the Sites and retrieve, index, and/or data mine any information;

(f) You concur not to utilize the Site to interrupt the typical flow of conversation, make a screen "scroll" quicker than other users can type, or otherwise behave in a way that adversely impacts other users' capacity to participate in real-time interactions;

(g) You consent to refrain from using the Site to deliberately or inadvertently breach any relevant local, state, national, or international laws, or any regulations that have legal authority; and

(h) You consent to refrain from disrupting or infringing upon the privacy and other rights of fellow users, nor will you utilize the Site to gather, harvest, or retain personal information about other users without their explicit permission, either manually or automatically.

Without diminishing the above, you agree not to, either personally or through anyone representing you:

• Breach or contravene any of the Terms;

• Utilize the Sites for non-personal or commercial reasons without Photon One’s explicit prior written approval;

• Interfere with or interrupt the functioning of the Sites or the servers or networks hosting the Sites, or violate any laws, regulations, requirements, procedures, policies, or rules of those servers or networks;

• Mimic any individual or organization or supply misleading information on the Sites, either directly or indirectly;

• Incorrectly claim or misrepresent your relationship with any individual or organization, or suggest or imply that Photon One or any third party supports you, your website, your business, or any assertions you make, or provide false or misleading information about the Sites.

• Send, share, showcase, or otherwise provide through or related to the Sites any material that may violate third party rights, including intellectual property rights and privacy rights, or that may include any illegal content;

• Circumvent any strategies we might implement to block or limit access to the Sites.

• Replicate, change, modify, adjust, offer, translate, port, reverse engineer, decompile, or disassemble any section of the Sites in any manner, unless authorized herein.

• Develop a browser, frame, border interface or graphical user interface around the Sites.

• Connect, including through in-line linking, to items on the Sites, like images, posters, and videos, unless allowed herein.

Not Designed for Kids.

This Site is not meant for or suitable for individuals under 18 years old. We do not gather personally identifiable information from anyone we are aware is under 18 years old. If you are less than 18 years old, please refrain from providing any personally identifiable information via the Site. If you are less than 18 years old and have given personally identifiable information via the Site, please ask your parent or guardian to reach out to us right away using the contact details below so we can delete that information from our records.

Telephone Consumer Protection Act, CAN SPAM, and Comparable Legislation.

Your access to this Site creates a business or relevant relationship with us under the Telephone Consumer Protection Act or other applicable laws concerning unsolicited commercial communications. By visiting or continuing to visit this Site, you consent to us or our representatives contacting you via phone, email, or other means concerning the promotion of the sale, lease, or exchange of goods, services, real estate, or any valuable items.

No Health Guidance Given.

This Site, along with its Content and programs (such as, but not limited to, message boards, text files, chat rooms, forums, or other communication tools), is offered solely for informational and educational uses. Our offering of this Site should not be viewed as an effort to provide medical care, nor does the use of this Site create a doctor-patient relationship between us or any of our users. The information provided on the Site by us and by third parties should not be viewed as medical advice and is not meant to substitute for consulting a qualified physician or other healthcare professional. Unless clearly indicated otherwise, all Content on this Site reflects the views of its author and not ours. The Sites are designed for medical professionals rather than for consumers or patients. Additionally, the thoughts and views shared in any forum belong to the authors and do not necessarily represent our stance. The Sites might offer details on medical and health issues, products and treatments, advancements in medicine, and articles might feature information on device applications that are not part of FDA or Health Canada approved labeling. These concepts are offered solely for informational and educational purposes, not as medical guidance. This information is typically given in a summarized or consolidated manner and is not intended to replace the guidance of a doctor or other healthcare provider or any details found on product labels or packaging. Content on the Sites must not be viewed as an endorsement, promotion, or any form of encouragement for employing any specific procedure, technique, device, or product. We will not be responsible for any injuries and/or damages resulting from any decisions made or actions taken or not taken based on the Content found on the Sites.

Privacy Policy.

We value your privacy and are dedicated to safeguarding the information you provide to us. We believe you have the right to understand our practices concerning the information we gather when you connect to, access, or utilize any of the Sites. The details of our policy, practices, and the nature of the information gathered are outlined in our Privacy Policy. Before connecting to, accessing, or using any of the Sites, you must read and accept the Privacy Policy.

Disclaimers

PHOTON ONE DOES NOT GUARANTEE OR MAKE ANY CLAIMS ABOUT THE USE OF THE CONTENT AND MATERIALS FOUND ON THE SITES, INCLUDING IN RELATION TO ANY REGULATIONS IN YOUR RESIDENCE STATE,PROVINCE OR ANY OTHER RELEVANT LAWS AND REGULATIONS, INCLUDING FDA AND HEALTH CANADA RULES AND REGULATIONS.

THE SITES ALONG WITH THE CONTENT, DATA, MATERIALS, AND INFORMATION INCLUDED ARE OFFERED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS, WITH ALL ERRORS. THE SITES ARE USED ENTIRELY AT YOUR OWN RISK, SOLELY FOR YOUR INTERNAL INFORMATIVE PURPOSES. WE PROVIDE NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS, OR COMPLETENESS OF ANY CONTENT, INFORMATION, REPORTS, DATA, RESULTS, OR OTHER INFORMATION THAT YOU OBTAIN OR GENERATE IN CONNECTION WITH YOUR USE OF THE SITES, NOR DO WE OFFER ANY WARRANTY OF ANY TYPE REGARDING THE SITES OR THE CONTENT AND PRODUCTS AND SERVICES AVAILABLE WITHIN, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PHOTON ONE DOES NOT SUPPORT OR SUGGEST ANY PARTICULAR MEDICAL THERAPY. THE MATERIAL ON THE WEBSITES IS NOT MEDICAL ADVICE, IS NOT MEANT FOR MEDICAL DIAGNOSIS OR TREATMENT, AND SHOULD NOT BE USED OR INTERPRETED AS SUCH.

YOU CONCUR AND RECOGNIZE THAT UTILIZING THE SITES IS COMPLETELY, OR TO THE FULLEST EXTENT ALLOWED BY THE RELEVANT LAW, AT YOUR OWN RISK.

Be aware that specific products displayed on the Sites may or may not have received approval for distribution in your country.

Unauthorized Use of Personal Information.

In accordance with relevant laws concerning the notification of individuals whose personal data has been, or is thought to have been, accessed by an unauthorized individual, our information security policy states that any necessary notifications may, where legally permissible, be conveyed via e-mail, telephone, fax, postal mail (including a notice printed on a bill or statement) or by posting a notice on a Site. The particular methods employed are our choice, and we will apply our judgment according to the situation. If a notice is required to be sent to a particular address or number (like an e-mail address, physical address, telephone number, etc.), we will utilize the most recent address available in our records. UNLESS OTHERWISE FORBIDDEN BY LAW, YOU CONSENT TO THIS METHOD OF NOTIFICATION.

Precision; Accessibility, No Obligation to Refresh.

The content on this site may include technical inaccuracies, typographical errors, or other types of mistakes. Certain or all of the Content might be outdated, and we bear no obligation nor commitment to revise or amend any details on this Site. The availability and functionality of the Sites rely on multiple factors, including communication networks, software, hardware, and Photon One service providers and contractors. We do not guarantee that the Sites will function continuously without interruption or errors, that any issues will be fixed, or that they will be protected from unauthorized access. We cannot guarantee that the Sites will be compatible with your computer equipment or that the Sites or their servers are devoid of errors, viruses, worms, "Trojan horses," or other harmful elements, and we are not responsible for any damage you may experience due to any such damaging features.

Modifications to the Locations.

Photon One might modify the layout and design of the Sites occasionally, as well as the accessibility of the Content and services contained within, without prior notification on the Sites. You acknowledge and agree that Photon One holds no responsibility for any errors or malfunctions that might arise while implementing these changes.

Liability Limitation.

YOU HEREBY ACKNOWLEDGE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL WE, OR ANY PARENT, SUBSIDIARIES, AFFILIATES, VENDORS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE RESPONSIBLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITES OR RELIANCE ON ANY INFORMATION OR MATERIALS OBTAINED THROUGH THEM OR ANY OTHER LINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF PROFITS, INTERRUPTION OF BUSINESS, OR LOSS OF DATA, OR INABILITY TO ACCESS OR USE THE SITES, EVEN IF WE HAVE BEEN SPECIFICALLY NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS; HENCE, THE EXCLUSIONS STATED ABOVE MAY NOT BE RELEVANT TO YOU.

Compensation for loss or damage.

You agree to defend, indemnify, and protect us from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) that stem from: (i) your use of the Sites; (ii) your breach of any provision of these Terms; (iii) any type of damage, whether direct, indirect, special, or consequential, you may cause to any third party related to your use of the Sites (including your breach of any third party rights or any damages to third parties resulting from transactions made based on the Content in the Sites); and (iv) any claims regarding bodily injury, death, or other damages resulting from any transaction based on the Content in the Sites.

Connections to External Websites.

We might offer links to other websites that are operated by us and our associated organizations, along with links to websites of independent third parties for your convenience, and this should not be interpreted as an endorsement of those sites or any content they contain. We do not manage these external websites and are not liable for the availability, accuracy, or quality of their content. We provide no claims or guarantees of any kind regarding any other website you may decide to visit through this Site. It is essential to examine the terms and conditions associated with any external websites prior to utilizing them.

Providing information to Us.

Kindly review our Privacy Policy for general details. We do not wish to obtain confidential or proprietary information from you via the Sites unless you possess a separate written agreement with us concerning the exchange of such information. Any information obtained via a Site, apart from your personally identifiable information addressed in our Privacy Policy, will be considered NON-CONFIDENTIAL. BY SENDING US INFORMATION THROUGH A SITE OR OTHER ELECTRONIC METHODS WITHOUT A WRITTEN AGREEMENT REGARDING YOUR SUBMISSION, YOU RECOGNIZE AND CONSENT THAT WE CAN UTILIZE THAT INFORMATION FOR ANY REASON WITHOUT ANY OBLIGATION TO YOU.

Additionally, any details you provide to us via any Site are governed by the following terms.

(1) You guarantee to us and to anyone else accessing the Sites that you own, or have adequate rights to, all such information and that all parties may consider such information as public and, in any event, not proprietary to you; (2) You provide us with a non-exclusive, irrevocable, global, fully-paid, royalty-free license to utilize, reproduce, display, publicly perform, create derivative works from, transmit, and distribute such information as we deem appropriate; and (3) We may freely use any ideas, concepts, or expertise encompassed in such information.

Users from abroad.

The website was developed by and is managed, operated, and overseen by Photon One Corporation, or its representatives, from locations within North America using servers situated in North America. We do not guarantee that the materials on this Site are suitable or accessible for transmission to or from, or use in, areas outside of the jurisdictions mentioned above, and accessing any Site from any jurisdiction where its contents are illegal is forbidden. You must not utilize the Site or export the materials in contravention of import or export laws and regulations. Should you access a Site from a region outside North America, you must ensure adherence to all applicable local laws.

Selection of Legal Framework, Authority, and Location.

These Terms, the Privacy Policy, and their performance are governed by the laws of the Commonwealth regions and the federal laws of Canada (ignoring choice of law rules). Any lawsuit or other legal action or issue stemming from, or in any manner linked to, your use of any of the Sites may only be initiated in the courts of the Commonwealth or in the Canada District Court. You permanently agree to the exclusive personal jurisdiction and venue of these courts regarding such issues. You also relinquish any objection to the jurisdiction and venue of any action initiated hereunder; and you further agree not to present any defense related to a lack of jurisdiction or improper venue, including forum non conveniens, and agree that process may be served in a way permitted by applicable law or court rule. YOU HEREBY WAIVE, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOUR RIGHT TO A JURY TRIAL IN ANY LEGAL ACTION IN ANY COURT RELATED TO, CONNECTED TO, OR ARISING FROM THESE TERMS OR ANY ASSOCIATED TRANSACTION DOCUMENTS, OR THE VALIDITY, SAFEGUARD, INTERPRETATION OR ENFORCEMENT THEREOF. YOU ACKNOWLEDGE THAT THIS SECTION IS A SIGNIFICANT AND ESSENTIAL COMPONENT OF THIS AGREEMENT AND THAT PHOTON ONE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT IF THIS SECTION WAS NOT INCLUDED IN THESE TERMS.

Restriction of Actions.

You are required to initiate any lawsuit or related action regarding your use of any of the Sites within one year after the events that give rise to the claim or cause of action take place.

Partial Invalidity.

Should a court with appropriate authority determine any clause of these

If any part of the Terms of use or the Privacy Policy is found to be unenforceable, that provision will be enforced as much as possible to fulfill the purpose of these Terms of use and the Privacy Policy, while the rest of the Terms of use and the Privacy Policy will remain fully in effect.

Breach of Rules and Supplementary Regulations.

We retain the right to pursue all legal and equitable remedies for breaches of the Terms, including the right to restrict access to the Sites from a specific Internet address.

Additional Clauses.

Specific terms and conditions are applicable to certain areas and features of Sites. These terms and conditions are supplemental to these terms and conditions and take precedence over these terms and conditions and the privacy policy only when it is not feasible to interpret these terms or the privacy policy in alignment with such other terms and conditions.

General.

• These Terms neither create nor should they be interpreted to establish any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties involved;

• Photon One can assign its rights and responsibilities under this agreement and/or transfer ownership rights and titles in the Sites to a third party without needing your approval or giving you any prior notice;

• Your rights and obligations according to the Terms cannot be transferred. Any endeavor to assign or actually assign it by you will be deemed invalid without Photon One's prior explicit written approval;

• Neither party's waiver of any breach or default under this agreement will be considered a waiver of any prior or later breach or default. Any heading, caption, or section title included herein is provided solely for convenience and does not define or explain any section or provision herein;

• These Terms represent the complete terms and conditions between you and Photon One regarding the topics discussed herein and replace any and all previous or simultaneous agreements, understandings, promises, conditions, negotiations, covenants, or representations, whether written or spoken, between us, including, but not limited to, those made by or among any of our respective representatives, concerning the Photon One products and the Sites. You consent that no external evidence will be permitted in any legal process to prove any conditions that contradict these Terms. You consent that you will not assert at any time or location that these Terms have been verbally altered, modified, or otherwise changed through any form of oral communication. You consent that you will never use any material or information from this site against Photon One Corporation, its affiliates, its directors, and its employees for all time. You also agree that you are not depending on any promise, inducement, representation, statement, disclosure, or obligation to disclose from Photon One when agreeing to these Terms.

Get in touch with us.

For inquiries, questions, or notifications, please reach out to: Photon One Corporation at: Info@PhotonOneCorp.com

 

Most Recent Update: April 10th 2024