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All use of the JDPower.com online Web pages ("JDPower.com") is subject to the terms and conditions set forth below. By accessing and using any portion of JDPower.com or any service on JDPower.com, or registering on JDPower.com, you agree to accept the terms and conditions below. These terms and conditions represent a binding contract between you and J.D. Power and Associates. If you do not agree with any of these terms and conditions, please do not continue using JDPower.com. The terms "you" or "User" refer to the person who completed the registration process or any visitor to JDPower.com. J.D. Power and Associates ("JDPA") reserves the right to change the terms of this Agreement. Change will be posted on the JDPower.com Web site at http://www.jdpower.com/termsofuse. If any of these changes are unacceptable, please do not continue using JDPower.com. Use of JDPower.com following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
JDPower.com contains two types of content:
1) "JDPower.com's Own Content" means information entered into JDPower.com by employees and authorized representatives of J.D. Power and Associates.
2) "Other Content" means any other information entered into JDPower.com by Users or other persons.
Use of JDPower.com
JDPA hereby grants you a non-exclusive, non-transferable license to access and use JDPower.com under the terms described in this Agreement. You agree that your use of JDPower.com is solely for personal, non-commercial purposes. If accessing content that requires registration, only one person at a time may access JDPower.com using the User's screen name and password without the prior consent of JDPA. 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 J.D. Power and Associates at 888-537-6937 (phone); 805-418-8566 (fax); e-mail: email@example.com for information or instructions. Fees are determined by the extent of use. In addition to any other use restrictions set forth in this Agreement, the User may not disseminate any portion of JDPower.com through electronic means, including mail lists or electronic bulletin boards, without the prior consent of JDPA. For use of any JDPower.com content in press releases or any electronic means.
Except as expressly permitted in this Agreement, JDPower.com may not be reproduced, transmitted, or distributed without JDPA's permission. The User may not commingle any portion of JDPower.com with any other information and shall not edit, modify, or alter any portion. All of JDPower.com's Own Content is either the property of J.D. Power and Associates, McGraw Hill Financial or is licensed to McGraw Hill Financial. The User shall honor all reasonable requests by J.D. Power and Associates to protect J.D. Power and Associates' proprietary interests in JDPower.com.
In addition, User may not:
1. use JDPower.com for any purpose that is prohibited by any law or regulation, or to
2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of JDPower.com, any data or content found on or accessed through JDPower.com, or any other JDPower.com information without prior express written consent of J.D. Power and Associates;
3. obtain or attempt to obtain through any means any materials or information on JDPower.com that has not been intentionally made publicly available either by public display on JDPower.com or through accessibility by a visible link on JDPower.com;
4. violate any measure employed to limit or prevent access to JDPower.com or its content;
5. violate the security of JDPower.com or attempt to 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;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. 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;
8. take or attempt any action that, in the sole discretion of JDPower.com, imposes or may impose an unreasonable or disproportionately large load or burden on JDPower.com or the infrastructure of JDPower.com;
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies or regulations of networks connected to JDPower.com;
11. use JDPower.com to stalk or harass another.
The User's Content
The User grants to McGraw Hill Financial the non-exclusive right to use all material entered in JDPower.com by the User (other than third-party material transmitted through private electronic mail) in any of McGraw Hill Financial's print or electronic publications.
Users entering material into JDPower.com are responsible for the content of that material. Neither JDPA nor McGraw Hill Financial has any 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, J.D. Power and Associates retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content, which J.D. Power and Associates deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through JDPower.com that:
1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of J.D. Power and Associates, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. 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);
4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. 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;
6. is harmful to minors.
If you see any violations of these terms and conditions on JDPower.com, please e-mail us at firstname.lastname@example.org.
The User agrees to indemnify J.D. Power and Associates and McGraw Hill Financial from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which J.D. Power and Associates, McGraw Hill Financial, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into JDPower.com with the use of the User's screen name or password. J.D. Power and Associates reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify J.D. Power and Associates and McGraw Hill Financial in which event the User shall have no further obligation to indemnify with respect to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILTIY
ALL THE INFORMATION CONTAINED IN JDPower.com 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 J.D. POWER AND ASSOCIATES NOR McGRAW HILL FINANCIAL NOR THEIR THIRD PART LICENSORS MAKES 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. NEITHER J.D. POWER AND ASSOCIATES NOR McGRAW HILL FINANCIAL SHALL 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. IN NO EVENT WILL J.D. POWER AND ASSOCIATES, McGRAW HILL FINANCIAL NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF JDPower.com, USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST J.D. POWER AND ASSOCIATES OR McGRAW HILL FINANCIAL 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 AND ASSOCIATES FOR USE OF JDPower.com DURING THE PREVIOUS TWELVE (12) MONTHS.
As part of the registration process, you must select a screen name and password and provide J.D. Power and Associates with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.
JDPower.com Term and Termination
JDPower.com shall have the right to immediately terminate this Agreement in the event of any breach by a User of this Agreement. J.D. Power and Associates may discontinue or change JDPower.com, or its availability to you, at any time.
If you believe your User name and password have been used to access JDPower.com without your authorization, please contact J.D. Power and Associates at: 888-537-6937 or email@example.com
This Agreement constitutes the entire agreement between the parties relating to JDPower.com and supersedes any and all other agreements, oral or in writing, with respect to JDPower.com. The failure of J.D. Power and Associates to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.