Jon Peddie Research (“JPR”), maintains this website (“Website”) as a service to its customers. By using the Website or any current or future service(s) provided to you by JPR (“Services”), you are agreeing to comply with and be bound by the terms and conditions of this Acceptable Use Policy (“AUP”) and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Website. The AUP governs your access to and use of the Website, the Services and any information, products, software and features made available to you. If you are using the Website or Services on behalf of your employer, you represent that you are authorized to accept these AUP on your employer’s behalf. In the case of any violation of the AUP, JPR reserves the right to seek all remedies available by contract, law and in equity for such violations. The AUP apply to all visits to the Website and use of the Services, both now and in the future.
LAWFUL USE
You agree that you will not use our sites to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our site, server, or network;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
ENFORCEMENT
JPR reserves the right and has absolute discretion to enforce the AUP. JPR may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Website, if it determines that your activities violate the AUP. Without limitation, JPR also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. JPR also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact us.
MODIFICATIONS TO THE SITE
JPR reserves the right to amend the AUP and modify or discontinue all or part of the Website, temporarily or permanently, with or without notice. The amended AUP shall automatically become effective upon being posted on this Website. Your continued use of the Website after the posting of the amended AUP on the Website constitutes your affirmative acknowledgement of the AUP and its modifications and agreement to abide and be bound by the AUP, as amended.
LINKS TO THIRD PARTY SITES
The Website contains links to other Internet sites owned by third parties. JPR has no control over any linked website or content. JPR provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked Website.
INTELLECTUAL PROPERTY RIGHTS
The Website is proprietary to JPR. All the text, images, marks, logos and other content of the Website (“Content”) is proprietary to JPR or to third parties from whom JPR has obtained permission. JPR authorizes you to view, download, and print the Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Content; (iii) you may not modify any Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Content by JPR. Except as expressly permitted above, reproduction or redistribution of the Content, or any portion of the Content, is strictly prohibited without the prior written permission of JPR. To request permission you may contact us. You represent and warrant that your use of Website Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
LIMITATION OF LIABILITY
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
JPR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless JPR, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Website and/or Services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the AUP or Privacy Policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to JPR by the Credit Card Associations or any other entity, you agree to reimburse JPR immediately for said fines and/or penalties.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.
SERVICES OFFERED BY JPR ON THIS SITE
When you enroll to obtain a Service from the JPR, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, JPR does not warrant that any service description or content contained in this Website is accurate, current, reliable, complete, or error-free.
TERMINATION & EFFECT
JPR may terminate access to the Website and the Services, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. JPR shall not be liable to you or any third party for termination. Should you object to any provision of the AUP or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Website and/or Services; and (b) notify JPR of termination. Upon termination of access to the Website and/or Services, your right to use the Website and/or Services shall immediately cease.
PRIVACY POLICY
Information collected by the Website will be treated in accordance with JPR’s Privacy Policy located at www.jonpeddie.com/privacy-policy, which is incorporated herein by reference.
GOVERNING LAW & JURISDICTION
The Website is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of California and from each other. As you and JPR both benefit from establishing a predictable legal environment in which to publish, access and use the Website, by publishing, accessing, and/or using this Website, you and JPR agree that all matters arising from or relating to the use and operation of this Website will be governed by the laws of the State of California, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Website will be heard and resolved in the courts of Santa Clara, CA. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
TRADEMARKS
JPR, the JPR logo, Jon Peddie Research are registered trademarks of JPR. All other company and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time in the JPR’s discretion. You shall not register or attempt to register any of the JPR’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the JPR’s marks or trademarks. You shall comply with all standards with respect to the JPR’s marks and all uses of the marks shall be consistent with JPR standards.
FORCE MAJEURE
JPR shall not be responsible for delay for delay or failure to perform any portion of this Agreement, or to provide services hereunder if such failure is, for any cause, beyond its control, which will include, but will not be limited to fire, lightning, or tempest, war, Act of God, giant mutant wallabies invading the continent, acts of public enemies, civil commotion, acts of national or civil or military authority, flood, explosion, labour disputes, strikes, slow-downs, unavailability of telecommunication facilities, or default of JPR suppliers.
ENFORCEABILITY
In the event that one or more of the provisions in this agreement shall, for any reason, be held, by a Court of competent jurisdiction, to be invalid, void or unenforceable in any respect, such holding shall not affect any other provision of this agreement.
