JDPower.com contains two types of content:
- "JDPower.com's Own Content" means information entered into JDPower.com by employees and authorized representatives of JDP.
- "Other Content" means any other information entered into JDPower.com by Users or other persons.
Use of JDPower.com
JDP hereby grants you a limited, non-exclusive, non-transferable, non-assignable, personal, revocable license to access and use JDPower.com under the Terms described in this Agreement and to download, display, view, use, and play JDPower.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: [email protected] for information or instructions. Fees are determined by the extent of use.
Use of Respondent Services
This Section applies to your use of respondent services provided by JDP (“Respondent Services”).
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.
If you participate in the Respondent Services, JDP will use your information to help our clients better understand your needs and preferences. You acknowledge and agree that nothing in these Terms creates any obligation on the part of JDP to communicate with any manufacturers, retailers, or other third parties whose products/services are the subject of a Survey or Product Testing. We are not responsible for repairing, replacing, or improving any such product or service, and it is your responsibility to communicate with such third parties directly for those purposes.
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.
As part of your access to, use of, and/or participation in the Respondent Services, you may be required to disclose certain personally identifiable information (“PII”) to JDP. If such disclosure is necessary, you agree to provide truthful information. You acknowledge and agree that JDP will fully cooperate with all legal disclosure requests (e.g., a court order or subpoena), including those related to your PII.
You acknowledge that you are accessing, using, and/or participating in the Respondent Services in the capacity of an independent contractor and that no agency, partnership, join venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.
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.
In connection with your use of the Respondent Services, you may have the opportunity to accumulate Rewards. Rewards may be in the form of cash, gift cards, coupons, discounts, sweepstakes entries, prize drawing entries, or other items of value. Information, official rules, and terms and conditions governing any Rewards may be described in these Terms, on JDPower.com, at the beginning or end of a Survey or Product Testing materials, in Survey or Product Testing invitations, on websites or webpages designated for redeeming Rewards, and/or in any newsletter or other communication distributed or published by JDP.
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 makes no representations or warranties of any 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.
The suppliers or providers of any products or services offered in connection with Rewards, and/or the owners or operators of the any website(s) on which you redeem any Reward, may have their own terms and conditions. Please review these terms and conditions carefully.
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY REWARDS EARNED THROUGH THE RESPONDENT SERVICES MAY BE SUBJECT TO TAXES, AND THAT SUCH TAXES ARE SOLELY YOUR RESPONSIBILITY.
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 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.
- Use of Respondent Services
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 JDP. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party, and (v) immediately notify JDP of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and neither JDP nor JDPower.com are liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
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 [email protected].
You may not use JDPower.com unless you are at least thirteen (13) years old.
Except as expressly permitted in this Agreement, JDPower.com may not be reproduced, transmitted, or distributed without JDP'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 the property of JDP. The User shall honor all reasonable requests by JDP to protect JDP's proprietary interests in JDPower.com.
The materials at JDPower.com are copyrighted and any unauthorized use of any materials at JDPower.com may violate copyright, trademark, and other laws. All products names identified by ®, ™, or (SM) symbols or appearing in type form different from that of the surrounding text are trademarks owned by or licensed to JDP unless otherwise identified as being owned by another entity.
In addition, User may not:
- 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:
- 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, harvest, 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 JDP;
- 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;
- violate any measure employed to limit or prevent access to JDPower.com or its content;
- 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;
- impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
- 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;
- 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;
- 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 to stalk or harass another;
- use JDPower.com for any political or commercial purpose;
- reverse engineer or modify JDPower.com, JDPower.com’s Own Content or Other Content;
- infringe any intellectual property right or other right of any third party;
- 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
All rights not expressly granted to you are reserved by JDP and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of JDPower.com, JDPower.com’s Own Content or Other Content for any purpose is prohibited.
The User's Content
The User grants to JDP the non-exclusive, 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.
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through JDPower.com that:
- is promotional in nature, including solicitations for funds or business, without the prior written authorization of JDP, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
- is unlawful, harmful, threatening, abusive, harassing, 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 [email protected].
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.
JDP responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide JDP’s designated agent with the following written information:
- A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
- 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 you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
JDP’s designated agent is:
30870 Russel Ranch Road, Suite 300
Westlake Village, CA 91362
Phone: (805) 418-8000
Email: [email protected]
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
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.
JDP will respond to counter notifications in accordance with the DMCA.
- DMCA Notification
Subscriptions and Products
Certain areas of JDPower.com require payment before you can access them, including some on a subscription basis (“Subscriptions”). Subscriptions can be purchased by paying a monthly subscription fee. When you register for a Subscription, you get access to the premium areas of our Service. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Your payment will automatically renew at the end of the subscription period, unless you cancel your Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. JDP may change the price for the Subscriptions, from time to time, by posting the new price on JDPower.com. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use JDPower.com after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from JDPower.com prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional Terms may apply.
From time to time, JDP may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). JDP will require you to provide your payment information to start the Trial. UNLESS YOU CANCEL YOUR TRIAL THROUGH YOUR SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL, JDP WILL AUTOMATICALLY CHARGE YOU FOR A SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A REOCCURRING MONTHLY BASIS. Your Subscription will be subject to the terms set forth in this Section.
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.
If you have any questions or comments, please send an e-mail to [email protected]. You acknowledge that the provision of support is at JDP’s sole discretion and that JDP has no obligation to provide you with customer support of any kind. All legal notices to JDP must be mailed to [email protected]. When you communicate with JDP electronically, you consent to receive communications from JDP electronically. You agree that all agreements, notices, disclosures, and other communications that JDP provides to you electronically satisfy any legal requirement that such communications be in writing.
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.
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: [email protected] 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.
- Text Messages and Calls: JDP may send you reoccurring text messages and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and direct marketing purposes. You understand that your consent is not required as a condition of purchase, and that you can opt-out of receiving text messages or calls from us at any time by: (i) for text messages, texting “STOP” in response to any text message you receive from JDP or contacting JDP at: [email protected] and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from JDP or contacting JDP at: [email protected] and 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
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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 is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation 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 at https://www.jamsadr.com or 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.
- Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
- Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, JDP will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in Los Angeles County or Orange County, CA under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and JDP, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and JDP.
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.
Disclaimer of Representations and Warranties
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.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
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.
You agree to indemnify, defend, and hold harmless 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
Email: [email protected]
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.
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
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: dca.ca.gov.
Terms Applicable for Apple iOS
If you are using JDPower.com through an Apple Device, the following terms apply:
- 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.
- The license granted to you in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to JDPower.com.
- You acknowledge that JDP, and not Apple, is responsible for providing JDPoewr.com and content thereof.
- 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.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and JDP, JDP, and not Apple, is responsible for addressing any claims you may have relating to JDPower.com, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that JDPower.com fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- 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