Japan Automobile Manufacturers Association Website (www.jama.org)
- User Consent to Terms and Conditions. You represent that you have read and agree to be bound and abide by the TOS. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service. If you print, copy, modify, download, or otherwise use any part of the Service in breach of the TOS, your right to use the Service shall cease immediately and you agree to return or destroy any copies of the materials you have made upon our request.
- Modification of Terms and Conditions. JAMA may revise and update the TOS from time to time in JAMA’s sole discretion. Accordingly, you are expected to check this page from time to time to take notice of any changes we have made, as they are made binding on you by your continued use of the Service. Your use of the Service after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the terms and conditions in the TOS, you must immediately cease using the Service.
- Intellectual Property. The Service, including but not limited to text, content, photographs, video, audio, graphics, and look and feel, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
- Restrictions on Use. You may use the Service only for lawful purposes and in accordance with the TOS. You agree not to use the Service:
- For any illegal purpose or in any manner inconsistent with the TOS or with applicable federal, state, local, or international laws or regulations.
- Only for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
- To use, transfer, distribute, or dispose of any information contained in the Service in any manner that could misrepresent or not accurately reflect such information, or disparage or defame JAMA.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To impersonate or attempt to impersonate JAMA or a JAMA employee or affiliate, another user of the Service, or any other person or entity (including but not limited to the use of email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm JAMA or users of the Service or expose them to liability.
- To engage in conduct that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real-time activities through the Service.
- In any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Additionally, you agree not to:
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Service.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Service.
You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by JAMA and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of JAMA and such others. You agree to protect the proprietary rights of JAMA and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by JAMA or its suppliers of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify JAMA in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
- Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, UNLESS YOU (1) PROVIDE PROPER ATTRIBUTION TO JAMA, (2) SUCH ACTIVITIES ARE CARRIED OUT FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, AND (3) YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM, INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK, OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF JAMA. YOU MAY NOT USE ANY OF JAMA’S TRADEMARKS, TRADE NAMES, OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH JAMA’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF JAMA’S TRADEMARKS, TRADE NAMES, OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING PROVISIONS.
- License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by JAMA ONLY for your own personal, noncommercial use in accordance with the TOS and does not create or transfer any other rights to you.
- Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and JAMA, at all times be and remain the sole and exclusive property of JAMA. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to JAMA for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use JAMA’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without JAMA’s prior written approval.
- Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including but not limited to content, services, goods, or advertisements (the “Items”) are provided “AS IS” and that JAMA makes no warranty of any kind, express or implied, as to the Items, including but not limited to merchantability, non-infringement, title, or fitness for a particular purpose or use. JAMA does not warrant that the Service is compatible with your equipment or that the Service is free of errors, viruses, worms, or “Trojan horses” and is not liable for any damage you may suffer as a result of such destructive features. You agree that JAMA, its Suppliers, and its third-party agents shall have no responsibility or liability for: (a) any injury or damages, whether caused by the negligence of JAMA, its employees, subcontractors, agents, Suppliers, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages or any claim against JAMA by any other party; or (b) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The information presented on or through the Service is made available solely for general information purposes. JAMA does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. JAMA disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. JAMA has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such website or service. JAMA does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Service. JAMA is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that JAMA and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL JAMA, ITS SUPPLIERS,THIRD-PARTY AGENTS, OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF A JAMA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall JAMA’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site.
- Representations and Warranties. You represent, warrant, and covenant that: (a) you have the power, authority, and legal capacity to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use the Service only as set forth in the TOS. If you do not have the power, authority, and legal capacity to enter into this agreement, you must access the Service under the supervision of an individual that (1) has the power, authority, and legal capacity to enter into this agreement; and (2) accepts to be bound by this agreement on behalf of you and his/herself.
- Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless JAMA and its employees, representatives, Suppliers, affiliates, and agents, against any claim, suit, action, or other proceeding brought against JAMA, its employees, representatives, Suppliers, affiliates, or agents, by a third party, to the extent that any such claim, suit, action, or other proceeding is based on or arises in connection with the Service, or any links on the Service, including but not limited to: (a) your use or someone using your computer’s use of the Service; (b) a violation of the TOS by you or anyone using your computer; (c) a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
- Termination. Either you or JAMA may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from JAMA if you, in JAMA’s sole discretion, fail to comply with any provision of the TOS. Upon termination by you or upon notice of termination by JAMA, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through ten (2-10) and twelve through twenty-one (12-21) shall survive any termination of the TOS.
- Linking and Framing. You may link to JAMA’s home page, currently located at www.jama.org, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website or service that is not owned by you. You may not establish a link to any part of the Service other than the homepage or frame content from the Service on any other website or service without JAMA’s express written permission. To obtain such permission, contact JAMA at email@example.com. In your request, please include: (a) your name, email address, and telephone number; (b) the name of your company or organization; (c) the uniform resource locator (“URL”) of the page that you would like to establish a link to or frame; and (d) specific details about the contemplated linking or framing activities, including the content or functionality of the Service to which you would like to link or frame.
- Copyright Agent. The Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Russell L. Smith, Esq., Willkie Farr & Gallagher LLP, 1875 K Street, NW, Washington, DC 20006, telephone (202) 303-1116, facsimile (202) 303-2116, email: firstname.lastname@example.org.
- Governing Law. The TOS shall be governed and construed in accordance with the laws of the United States and the District of Columbia, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the District of Columbia with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- United States’ Export Control & Foreign Asset Control Regulations. JAMA does not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with U.S. and local laws. Software from the Service may be subject to United States export controls and may not be downloaded, exported or re-exported: (a) into (or to a national, resident or the government of, or any company organized under the laws of, or any entity owned or controlled by any of the foregoing) Cuba, Iran, Syria, Sudan, or any other country which is subject to a comprehensive U.S. trade embargo; or (b) to anyone on the List of Specially Designated Nationals and Blocked Persons maintained by U.S. Treasury Department’s Office of Foreign Assets Control (all collectively “U.S. Prohibited Party”). By using the Service, you represent and warrant that you are not a U.S. Prohibited Party.
- Miscellaneous. You accept that JAMA has the right to change the content or technical specifications of any aspect of the Service at any time at JAMA’s sole discretion. You further accept that such changes may result in your being unable to access the Service.
- Headings. The section titles in the TOS are used solely for the convenience of you and JAMA and have no legal or contractual significance.
- Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.