The Agreement was last updated July 9, 2010.
All use of the J.D. Power BankingBanking Blog online Web pages is subject to the terms and conditions set forth below. By accessing and using any portion of the J.D. Power Banking Blog or any service on the J.D. Power Banking Blog, or registering on the J.D. Power Banking Blog, 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 the J.D. Power Banking Blog. The terms "you" or "User" refer to the person who completed the registration process or any visitor to the J.D. Power Banking Blog. J.D. Power and Associates reserves the right to change the terms of this Agreement. Change will be posted on the J.D. Power Banking Blog Web site at http://www.jdpowercontent.com/bankingblog. If any of these changes are unacceptable, please do not continue using the J.D. Power Banking Blog. Use of the J.D. Power Banking Blog following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
The J.D. Power Banking Blog contains two types of content:
1) "J.D. Power’s Own Content" means information entered into the J.D. Power Banking Blog by employees and authorized representatives of J.D. Power and Associates.
2) "Other Content" means any other information entered into the J.D. Power Banking Blog by Users or other persons.
Use of the J.D. Power Banking Blog
JDPA hereby grants you a non-exclusive, non-transferable license to access and use the J.D. Power Banking Blog under the terms described in this Agreement. You agree that your use of the J.D. Power Banking Blog is solely for personal, non-commercial purposes. If accessing content that requires registration, only one person at a time may access the J.D. Power Banking Blog 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 the J.D. Power Banking Blog 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 indicating that the J.D. Power Banking Blog is the source of the material. For all other uses, 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 the J.D. Power Banking Blog through electronic means, including mail lists or electronic bulletin boards, without the prior consent of JDPA.
Except as expressly permitted in this Agreement, the J.D. Power Banking Blog may not be reproduced, transmitted, or distributed without JDPA's permission. The User may not commingle any portion of the J.D. Power Banking Blog with any other information and shall not edit, modify, or alter any portion. All of J.D. Power's Own Content is either the property of J.D. Power and Associates, The McGraw-Hill Companies, Inc. ("The McGraw-Hill Companies") or is licensed to The McGraw-Hill Companies. The User shall honor all reasonable requests by J.D. Power and Associates to protect J.D. Power and Associates' proprietary interests in the J.D. Power Banking Blog.
In addition, User may not:
1. use the J.D. Power Banking Blog 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 the J.D. Power Banking Blog, any data or content found on or accessed through the J.D. Power Banking Blog, or any other J.D. Power Banking Blog 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 the J.D. Power Banking Blog that has not been intentionally made publicly available either by public display on the J.D. Power Banking Blog or through accessibility by a visible link on the J.D. Power Banking Blog;
4. violate any measure employed to limit or prevent access to the J.D. Power Banking Blog or its content;
5. violate the security of the J.D. Power Banking Blog or attempt to gain unauthorized access to the J.D. Power Banking Blog, data, materials, information, computer systems or networks connected to any server associated with the J.D. Power Banking Blog, 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 the J.D. Power Banking Blog, any activities conducted on or through the J.D. Power Banking Blog or any servers or networks connected to the J.D. Power Banking Blog, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the J.D. Power Banking Blog;
8. take or attempt any action that, in the sole discretion of J.D. Power and Associates, imposes or may impose an unreasonable or disproportionately large load or burden on the J.D. Power Banking Blog or the infrastructure of the J.D. Power Banking Blog;
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 the J.D. Power Banking Blog;
11. use the J.D. Power Banking Blog to stalk or harass another.
The User's Content
The User grants to The McGraw-Hill Companies the non-exclusive right to use all material entered in the J.D. Power Banking Blog by the User (other than third-party material transmitted through private electronic mail) in any of The McGraw-Hill Companies' print or electronic publications.
Users entering material into the J.D. Power Banking Blog are responsible for the content of that material. Neither J.D. Power and Associates nor The McGraw-Hill Companies 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 the J.D. Power Banking Blog. 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 the J.D. Power Banking Blog 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 the J.D. Power Banking Blog, please e-mail us at firstname.lastname@example.org.
The User agrees to indemnify J.D. Power and Associates and The McGraw-Hill Companies from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which J.D. Power and Associates, The McGraw-Hill Companies, 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 the J.D. Power Banking Blog 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 The McGraw-Hill Companies in which event the User shall have no further obligation to indemnify with respect to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILITY
ALL THE INFORMATION CONTAINED IN THE J.D. POWER BANKING BLOG IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. THE J.D. POWER BANKING BLOG MAY CONTAIN ADVICE, OPINIONS AND STATEMENTS OF VARIOUS INFORMATION AND CONTENT PROVIDERS. HOWEVER, THE J.D. POWER BANKING BLOG IS FOR INFORMATIONAL PURPOSES ONLY. RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. NEITHER J.D. POWER AND ASSOCIATES NOR THE MCGRAW-HILL COMPANIES NOR THEIR THIRD PARTY LICENSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE TIMELINESS, ADEQUACY, ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE J.D. POWER BANKING BLOG, THE J.D. POWER BANKING BLOG’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE J.D. POWER BANKING BLOG. NEITHER J.D. POWER AND ASSOCIATES NOR THE MCGRAW-HILL COMPANIES 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, THE MCGRAW-HILL COMPANIES 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 THE J.D. POWER BANKING BLOG, USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST J.D. POWER AND ASSOCIATES OR THE MCGRAW-HILL COMPANIES OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE J.D. POWER BANKING BLOG SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO J.D. POWER AND ASSOCIATES FOR USE OF THE J.D. POWER BANKING BLOG 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 about yourself as requested. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.
The J.D. Power Banking Blog Term and Termination
J.D. Power and Associates 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 the J.D. Power Banking Blog, or its availability to you, at any time.
If you believe your User name and password have been used to access the J.D. Power Banking Blog 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 the J.D. Power Banking Blog and supersedes any and all other agreements, oral or in writing, with respect to the J.D. Power Banking Blog. 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.