- "Other Content" means any other information entered into JDPower.com by Users or other persons.
- Use of JDPower.com
JDP特此授予您有限的，非独家的，不可转让的，不可转让的，个人的，可撤销的许可，以进入并使用JDPower.com本条款下本协议，并下载，展示，浏览，使用说明，并发挥JDPower的188bet开户平台。com’s Own Content and Other Content on a personal computer, browser, laptop, table, mobile phone, or other internet-enabled device (each, a “Device”). You agree that your use of JDPower.com is solely for personal, non-commercial purposes. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any JDPower.com’s Own Content or Other Content; and (ii) may be suspended or terminated for any reason, in JDPower’s sole discretion, and without advance notice or liability. Your unauthorized use of JDPower.com’s Own Content or Other Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
The User may, free of charge and on an occasional basis, make a single copy in paper form of an individual article appearing in JDPower.com for personal, non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicated that JDPower.com is the source of the material. For all other uses, including press releases, please contact JDP at (888) 537-6937 (phone); e-mail:[电子邮件保护]for information or instructions. Fees are determined by the extent of use.
Such Respondent Services include without limitation: (i) any survey or study offered, provided, hosted, or administered by or through JDP (“Survey”); (ii) any product testing, whether in-home or in-store, offered, provided, hosted, or administered by or through JDP (“Product Testing”); (iii) any JDP mobile application (“Application”); (iv) your eligibility for and/or redemption of any rewards, incentives, sweepstakes and prizes (collectively, “Rewards”) offered for certain actions and activities, including but not limited to successfully completing a Survey or Product Testing; and (v) any other services offered, provided, hosted, or administered by or through JDP.
You acknowledge and agree that participation in the Respondent Services is voluntary. By participating in the Respondent Services, you agree to receive invitations to participate in the future. Additionally, JDP may provide you with the opportunity to communicate with other respondents and/or JDP.
In connection with your use of, access to, and/or participation in the Respondent Services, you may have the opportunity to review or access confidential and proprietary information, materials, products, and content (“Restricted Content”) belonging to JDP or JDP’s clients, partners, or licensors. Restricted Content is and shall remain the sole and exclusive property of the owner of the Restricted Content. In no event shall you obtain or receive any right, title, or interest in or to any Restricted Content. You agree to protect the confidentiality and secrecy of the Restricted Content, and you agree not to modify, copy, reproduce, republish, display, transmit, distribute, reverse engineer, create derivative works of, decompile, or otherwise use, alter, or transfer Restricted Content without the prior express written consent of JDP. You acknowledge and agree that Restricted Content may be subject to, and protected by, intellectual property laws, regulations, and codes. You further acknowledge and agree that if you breach or otherwise violate the restrictions, limitations, and prohibitions contained in this Section, in addition to any other rights or remedies available to JDP, JDP reserves the right to terminate, prohibit, or restrict your use of, access to, and/or participation in the Respondent Services.
Additionally, and without limiting the foregoing, you acknowledge and agree that JDP considers any research conducted for JDP and the information that is related to that research, including but not limited to any Surveys, Product Test materials, questionnaires, and the responses of you or any other respondent (collectively, the “Research”), to be Restricted Content. In consideration of your being permitted to participate in the Research, you agree that: (i) you will not disclose the Research, including your responses and comments and any ideas that are discussed and/or generated as a result of your participation in the Research (collectively, “Your Responses”), to anyone other than JDP; (ii) you will not, unless expressly permitted by JDP, use any audio and/or visual recording devices during Research; (iii) all right, title, and interest in the Research and the results thereof, including, for example, all copyrights, trademarks, patents, and other intellectual property rights, are owned by JDP, and JDP has not granted you any right, title, or interest in the Research or the results thereof, or any portion of either; (iv) if ownership of Your Responses does not for any reason vest in JDP, you then irrevocably transfer and assign all of your right, title, and interest in Your Responses to JDP; and (v) JDP may, in any manner that it desires, use Your Responses as it sees fit, including but not limited to sharing Your Responses with others.
JDP may modify, alter, delete, or add new terms and conditions related to any Reward at any time without notice. For JDP this includes but is not limited to modifying, altering, adding, or deleting available Rewards, and modifying, altering, adding, or deleting any conditions for earning incentives or rewards, at any time without notice. In addition, JDP may terminate or cease offering any Reward in connection with the Respondent Services, at any time without notice.
JDP毫无任何的陈述或保证kind, express or implied, regarding any product or service received in connection with Rewards, including but not limited to any warranty of merchantability or fitness for a particular purpose. JDP is not, and will not be, liable or responsible for the performance or failure of any product or service given to you as, or redeemed with, a Reward, or for any cost, damage, accident, delay, injury, loss, expense or inconvenience that may arise in connection with such product or service. JDP will not replace any lost, stolen, misplaced, or damaged Rewards.
PII may have to be collected, processed, and/or disclosed in connection with a Reward program and/or any request to redeem a reward or incentive. By agreeing to these Terms, you hereby agree to the collection, processing, and/or disclosure of your PII for such purposes, and all such PII shall be subject to the terms set forth in theJDP隐私政策。
JDP may provide you and/or the appropriate government agency or taxing authority with information related to any Rewards you earn in connection with the Respondent Services. You agree to provide JDP with all required information to assist JDP in complying with its reporting or withholding obligations. JDP may withhold any tax from any Reward as required by applicable law.
In the United States, if you receive Rewards the total value of which equals or exceeds $600 in any tax year, you will be required to furnish your taxpayer identification number or complete and return a W-9 form before the awarding of any Reward to comply with IRS tax reporting requirements. JDP has an obligation to file a 1099-Misc form with the United States Internal Revenue Service for such payments. In addition, you will be provided a completed 1099-Misc form for your tax compliance purposes. If you have received Rewards of $600 or more during a tax year, and fail to provide your taxpayer identification number or complete and return a W-9 form JDP or its agent has sent you, you may not be eligible to receive further Rewards, regardless of when they were earned, unless and until you provide JDP or its agent with the completed and verified W-9 form or your taxpayer identification number.
- JDP Employees
JDP employees and their Immediate Family Members (as defined herein) are not eligible to receive any Rewards for using, participating in, or accessing the Respondent Services. For the purpose of this Section, the term “Immediate Family Members” includes parents, spouses or spousal equivalents, domestic partners, children, girlfriends, and boyfriends.
JDP employees may use, access, or participate in the Respondent Services only after receiving written permission from their respective manager, and only for the sole purpose of improving the Respondent Services. JDP’s employees must always be honest and report accurate information in connection with using, accessing, or participating in the Respondent Services.
If you believe your User name and password have been used to access JDPower.com without your authorization, please contact JDP at: (888) 537-6937 or[电子邮件保护]。
You may not use JDPower.com unless you are at least thirteen (13) years old.
- use JDPower.com for any purpose that is prohibited by any law or regulation, that is harmful, offensive, sexually explicit, obscene, violent, threatening, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to JDP, or to:
- violate any measure employed to limit or prevent access to JDPower.com or its content;
- 违反安全的JDPower.com或企图188bet开户平台gain unauthorized access to JDPower.com, data, materials, information, computer systems or networks connected to any server associated with JDPower.com, through hacking, password mining or any other means;
- interfere with, attempt to interfere with or otherwise disrupt the proper working of JDPower.com, any activities conducted on or through JDPower.com or any servers or networks connected to JDPower.com, including accessing any data, content or other information prior to the time that it is intended to be available to the public on JDPower.com;
- 或尝试任何采取行动,在唯一鉴别器etion of JDPower.com, imposes or may impose an unreasonable or disproportionately large load or burden on JDPower.com or the infrastructure of JDPower.com;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
- disobey any requirements, procedures, policies or regulations of networks connected to JDPower.com;
- use JDPower.com for any political or commercial purpose;
- use JDPower.com, JDPower.com’s Own Content or Other Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or
- otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of JDPower.com, JDPower.com’s Own Content and Other Content.
JDP may suspend or terminate the availability of JDPower.com, JDPower.com’s Own Content and Other Content, in whole or in part, to any individual user or all users, for any reason, in JDP’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to JDPower.com, or upon notice from JDP, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of JDPower.com, JDPower.com’s Own Content and Other Content.
- Reservation of Rights
- The User's Content
用户授予JDP非排他性,unrestricted, unlimited, worldwide, irrevocable, perpetual, transferrable, and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing with all or any portion of the material entered in JDPower.com by the User (other than third-party material transmitted through private electronic mail) (“Other Content”) for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. The User further irrevocably grant JDP the right, but not the obligation, to use the User’s name in connection with the User’s Other Content. The User also agrees to waive any right of approval for JDP’s use of the rights granted herein and agrees to waive any moral rights that the User may have in any Other Content, even if it is altered or changed in a manner not agreeable to the User. To the extent not waivable, the User irrevocably agrees not to exercise such rights in a manner that interferes with any exercise of the granted rights.
The User understands that the User will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. JDP’s receipt of the User’s Other Content is not an admission of their novelty, priority, or originality, and it does not impair JDP’s right to existing or future intellectual property rights relating to JDP’s Own Content. The User waives any and all rights and claims in connection with JDP’s consideration, use, or development of any product, content, or other materials similar or identical to the User’s Other Content now or in the future.
Users entering Other Content into JDPower.com are responsible for the content of that Other Content. JDP has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from JDPower.com. However, JDP retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content, which JDP deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
The User represents and warrants that the User owns or has the necessary rights, licenses, consents, and permissions to grant JDP the rights granted in this Section. The User alone, though, retains whatever legally cognizable right, title, and interest that the User has in their Other Content and remains responsible for them.
- 是非法的,有害的,威胁、辱骂、骚扰ing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
- is harmful to minors.
If you see any violations of these terms and conditions on JDPower.com, please e-mail us at[电子邮件保护]。
The User agrees to indemnify JDP from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which JDP, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) Other Content entered into JDPower.com with the use of the User's screen name or password. JDP reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify JDP in which event the User shall have no further obligation to indemnify with respect to that particular matter.
- DMCA Notification
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
- Your contact information, including your address, telephone number, and an e-mail address;
- 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 copyright owner.
JDP’s designated agent is:
30870 Russel Ranch Road, Suite 300
Westlake Village, CA 91362
JDP will respond to notifications of claimed copyright infringement in accordance with the DMCA.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to JDP’s designated agent with the following written information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Company may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- DMCA Notification
Certain areas of JDPower.com require payment before you can access them, including some on a subscription basis (“Subscriptions“）。订阅可以通过支付包月费购买。当您注册订阅，您可以访问我们的服务的溢价领域。订阅不能被终止，而您已经付费的这段期间结束之前和公司将不退还您已支付的任何费用。您的付款将自动更新在认购期结束，除非你目前的认购期结束前通过你的订阅页面取消订阅。取消生效目前的认购期的最后一天后的第二天。JDP可能改变价格认购，不时通过张贴在JDPower.com新价格。188bet开户平台对于订阅价格变动将立即生效，下一个认购期开始后的价格变化的日期。由于允许当地法律，您可以通过持续的价格变动生效后使用JDPower.com接受新价格。188bet开户平台如果你不与价格变动达成一致，你必须从JDPower.com价格变动生效以前，要退订拒绝变更的权利。188bet开户平台 Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.
JDP does its best to describe every product or service offered on JDP as accurately as possible. However, the employees of JDP are human, and therefore JDP does not warrant that product specifications, pricing, or other content on JDP is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, JDP shall have the right to refuse or cancel any orders in its sole discretion. If JDP charged your credit card or other account prior to our cancellation, JDP will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from JDP is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.
All physical products purchased from JDP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- Customer Support
If you have any questions or comments, please send an e-mail to[电子邮件保护]。您承认支持的规定是在JDP自行决定和JDP没有义务向您提供客户支持任何形式的。到JDP所有法律声明必须邮寄到[电子邮件保护]。当你与JDP电子方式通讯，您同意从JDP接收通信电子。您同意，所有协议，通知，披露和其他通信是JDP提供给您以电子满足任何法律要求，这种通信是书面的。
- Third Party Websites
In connection with your use of JDPower.com, you may be able to link or connect voluntarily to websites maintained and/or operated by third parties (“Third Party Websites”). We may also integrate third party technologies into JDPower.com and host JDPower.com’s Own Content on Third Party Websites. These Third Party Websites are not owned, controlled, or operated by JDP, nor JDP does endorse any Third Party Website nor any products, services, or opportunities advertised, offered, or sold by, through, or in connection with any Third Party Website (“Third Party Information”). JDP does not make any representations or warranties regarding Third Party Websites or third party information. You acknowledge and agree that JDP is not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Website, you do so on your own risk. Please carefully review all policies and terms applicable to Third Party Websites.
- Wireless Features.JD188bet开户平台Power.com可能会提供通过无线设备包括能够访问JDPower.com的功能和内容上传到JDPower.com（统称为“无线功能”）提供给您的功能。通过使用JDPower188bet开户平台.com，即表示您同意JDP可能会收集与您使用无线功能的相关资料中所描述的JDP隐私政策, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of JDPower.com. Data rates and other carrier fees may apply.
- Location-Based Features.如果您有您的无线设备基于位置的功能，您承认您设备的位置将被跟踪并与共享一致JDP隐私政策。You can terminate location tracking by us by adjusting the permissions in your Device or uninstalling our app. Location-based features are used at your own risk and location data may not be accurate.
Please note that any opt-out by you is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions.
- Emails: You can opt-out of receiving certain promotional e-mails from JDP at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting JDP at:[电子邮件保护]with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or JDP’s ongoing business relations.
- Push Notifications: You can opt-out of receiving push notifications from JDP at any time by adjusting the permissions in your Device or uninstalling JDP’s app.
- 短信和电话：JDP可能向您发送重复出现的短信和电话（包括预先录制的和/或通过自动拨号器），为您提供交易和直接营销目的的电话号码。您理解您同意不要求作为购买的一个条件，那你可以选择退出在任何时间接收我们的短信或电话：（i）对于短信，响应发短信“STOP”到任何文本消息从JDP收到或联系JDP：[电子邮件保护]并指定要退出的短信;及（ii）呼叫，请求退出任何通话过程中，你从JDP收到或联系JDP：[电子邮件保护]和specifying you want to opt-out of calls. For text messages, you can also text “HELP” at any time for more information. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further details.
- Agreement to Arbitrate Disputes and Choice of Law
请阅读本节仔细 - 它可能显著影响您的法律权利，包括您的权利提起诉讼在法庭上有陪审团听到你的索赔。它包含了强制性约束力的仲裁和集体诉讼豁免程序。
- Both Parties Agree to Arbitrate.
You and JDP agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate JDP’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances JDP may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of JDPower.com, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein
- What is Arbitration?
- Arbitration Procedures.
联邦仲裁法案支配试tion and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in this Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS athttps://www.jamsadr.comor 1-800-352-5267. To initiate arbitration, you or JDP must do the following things:
- Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
- 发送仲裁请求的三个副本，再加上适当的申请费：JAMS到本地JAMS办公室或果酱，二Embarcadero中心，套房1500，旧金山，CA 94111。
- Waiver of Class Actions.
YOU AND JDP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and JDP agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
- Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and JDP in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND JDP WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
- Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Los Angeles County or Orange County, CA.
- Both Parties Agree to Arbitrate.
ALL THE INFORMATION CONTAINED IN JDPower.com, INCLUDING ALL INFORMATION, SURVEYS, PRODUCT TESTING, CONTENT, MATERIAL AND COMMENTARY IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. JDPower.com MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, JDPower.com IS FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER JDP NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS OR THEIR THIRD PARTY LICENSORS (COLLECTIVELY, THE “JDP Parties”) MAKE ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING JDPower.com, JDPower.com's OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH JDPower.com. J.D. POWER SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. BY ACCESSING OR USING JDPower.com YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
- Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE JDP PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR INJURY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSES OR DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, TIME, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH: (A) JDPower.com, (B) THESE TERMS; OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH JDPower.com. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST J.D. POWER OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF JDPower.com SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO J.D. POWER FOR USE OF JDPower.com DURING THE PREVIOUS TWELVE (12) MONTHS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES AND/OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM JDP’s INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
你同意赔偿,保护和持有无害的the JDP Parties from and against any and all claims, liabilities, losses, judgments, awards, fines, penalties, costs, and/or expenses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising out of, resulting from, or caused, either directly or indirectly, by: (i) your breach, alleged breach, or violation of these Terms; (ii) your use of, participation in, and/or access to JDPower.com; (iii) your Other Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Website; or (vii) any misrepresentation made by you. JDP reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with JDP’s defense of any claim. You will not in any event settle any claim without the prior written consent of JDP.
This provision does not require you to indemnify JDP for any unconscionable commercial practice by JDP or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with JDPower.com.
- Waiver of Injunctive or Other Equitable Relief
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, JDPower.com’s OWN CONTENT, OTHER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY JDP OR A LICENSOR OF JDP.
- Updates to Terms
JDP reserves the right, at any time in JDP’s sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that JDP may notify you of any updated Terms and any applicable Additional Terms by posting them on JDPower.com so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to JDP. All such changes are effective immediately when JDP posts them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using JDPower.com.
Except as otherwise set forth herein or as required by Applicable Laws, all notices to be sent or provided to JDP should: (i) be correctly addressed to the address below, and shall be sufficiently delivered if delivered (a) by Federal Express, Express Mail, or other nationally or internationally recognized overnight courier service (in which case notice shall be effective one (1) business day following dispatch), or (b) by certified mail, return receipt requested, postage prepaid (in which case notice shall be effective six (6) days following deposit in mail); or (ii) be sent via email to the email address below.
30870 Russel Ranch Road, Suite 300
Westlake Village, CA 91362
Attn: Legal Department
Except as otherwise required by Applicable Laws, you agree that JDP may provide notices to you: (i) via the e-mail address provided by you to JDP (in which case notice shall be effective one (1) day following the date the e-mail was sent, provided that JDP did not receive an error message stating that delivery of the e-mail was delayed, that the e-mail address was invalid, or that the e-mail otherwise could not be delivered); (ii) by certified mail, return receipt requested, postage prepaid, addressed to the address provided by you to JDP (in which case notice shall be effective six (6) days following deposit in the mail); or (iii) by posting notices on JDPower.com. You agree to check the applicable JDPower.com frequently for notices and to keep your PII up-to-date.
- Consent or Approval
No JDP consent or approval may be deemed to have been granted by JDP without being in writing and signed by an officer of JDP.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of JDPower.com, including sections on Use of JDPower.com (except for the limited license), Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Websites, Website Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations on Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
- Severability; Interpretation; Assignment
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. JDP may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of JDP.
- Complete Agreement; No Waiver
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to JDPower.com. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or JDP in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
- International Issues
JDP controls and operates JDPower.com from the U.S., and JDP makes no representation that JDPower.com is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of JDPower.com. Software related to or made available by JDPower.com may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
- Investigations; Cooperation with Law Enforcement
JDP reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. JDP may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
- California Consumer Rights and Notices
- Terms Applicable for Apple iOS
- To the extent that you are accessing JDPower.com through an Apple Device, you acknowledge that these Terms are entered into between you and JDP and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
- 在这些条款授予您的许可可允许在App Store服务条款中所阐述的使用规则（见：apple.com/legal/itunes/us/terms.html）和协议适用于JDPower.com任何第三方的条款。188bet开户平台
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to JPower.com.
- To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to JDPower.com.
- Further, you agree that if JDPower.com, or your possession and use of JDPower.com, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- When using JDPower.com, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with JDPower.com.
- Consent or Approval