Story by J.P. Morgan Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
These Story by JPMorgan terms and conditions (these “Terms and Conditions”) apply to and govern your access to and use of the Story by JPMorgan site, including the underlying technology (the “Site”) and the information, data (whether or not individually presented or aggregated and anonymized), text, software, photographs, images, graphics, organization, layout, design, tools, features, functionality and other content created, produced, delivered or provided by us or third parties and made available or accessible on or through the Site (the “Content”) (the Site and Content, collectively the “Product”). “You” or “your” as used herein means the individual agreeing to these Terms and Conditions on the individual’s own behalf or, where the context requires, on behalf of the customer, or prospective customer, of JPMorgan Chase Bank, N.A., (together with JPMorgan Chase & Co., and its affiliates, collectively, “we,” “us,” or “our”).
- We grant you a limited, non-exclusive, non-transferable, non-assignable, revocable right to access and use the Product for your internal, commercial business purposes only.The Product is commercially valuable property of ours.Your right to access and use the Product does not grant you any rights to any intellectual property rights associated with the Product.We reserve all other rights not expressly granted herein.You agree that you will not: (a) resell or make external commercial use or derivative works of the Product; (b) disclose or distribute to any other person or party, or allow any other person or party to access, inspect or copy the Product; or (c) remove or modify any disclaimer, copyright or trademark notice contained in the Product or in anything copied or downloaded therefrom.
- The Product is provided for general information only, does not constitute legal, tax, investment, accounting, financial, business, real estate, or other advice, and should not be used for or relied upon for these purposes. Any reliance upon the Product shall be at your own risk. You acknowledge and agree that neither we, nor any third party involved in creating, producing, hosting, administering, providing or delivering the Product (“Third Party”), is responsible for, and shall have no liability concerning, the accuracy, quality, reliability, efficacy, completeness, or legality of the Product. You are solely responsible for all decisions you make based on your access and use of the Product and neither we nor any Third Party is responsible for any consequence relating directly or indirectly to any action or inaction that you take based on the Product and you release us and any Third Party from any and all such claims. No advisory, fiduciary or other relationship is created between you and us or a Third Party by your accessing or using the Product or communicating with us or a Third Party by way of email or otherwise through the Site. You shall not use the Product: (a) for personal, family or household purposes or to determine an individual's eligibility for credit, insurance, employment, or government license or benefit; or (b) in any way that is intended to cause the Content provided by us or third parties to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. or in any other manner that is intended to be construed as a consumer report by any governmental authority.
- There is no fee to enroll in, access, or use the Product.Any fees or pricing information appearing on the Product are associated with, and for, the products or services (“External Services”) provided by Third Parties.You should read the fees and terms for each External Service carefully before enrolling, purchasing, or initiating any transaction or relationship with a Third Party. Your use of the Product does not obligate you in any way to obtain any External Services.
- Engagements entered into for External Services presented on the Product are solely between you and the Third Party, and we disclaim all liability and shall have no responsibility in connection therewith.You agree there is no expressed or implied ownership or responsibility by us of or for any of the External Services and agree to hold us harmless in all matters relating to the External Services.The Product may also provide (or enable other users to provide) invitations to events organized, hosted, promoted, or sponsored by third parties or links to third-party websites, and similarly, you agree there is no expressed or implied ownership or responsibility by us of or for such events or for any content or services presented on third-party websites.Providing access to External Services or third-party websites or events is not an endorsement by us.
- Other products and/or services from us may be accessed and/or promoted through the Product.These Terms and Conditions do not apply to any such products and/or services, which are subject to the applicable terms and fees for such products and services. Your use of the Product does not obligate you in any way to obtain any other product or service from us.
- Segments of the Product may be hosted and administered by or provided by us using the service of Third Parties.You acknowledge that we may provide information about you to Third Parties to enable the provision of the Product and as otherwise permitted by these Terms and Conditions.
- You agree not to use the Product in any manner that would infringe any third-party patent, copyright, trademark, trade secret, or other proprietary or contractual rights or that would violate any applicable law or regulation. You shall provide us with any information and assistance necessary for us to comply with applicable laws, respond satisfactorily to and cooperate with any applicable authority regarding your activities through and use of the Product.
- The Product allows, in certain cases, for you to provide user-generated content. You grant us a perpetual, irrevocable, fully paid-up, royalty-free, assignable and sublicensable license and right to use, copy, store, parse, display, and create derivative works of the content you submit, post, or display on or through the Product.You agree that any such content will not contain any third-party copyrighted material, or material that is subject to third-party proprietary or contractual rights, unless you have a formal license or permission from the owner or are otherwise legally entitled to post the material in question and grant us the license described herein.We shall have no responsibility or liability for any user-generated content on the Product, whether generated by or originating from you or any other user.
- You shall not: (a) input, enter, upload, distribute, share, or otherwise publish on the Product any libelous, defamatory, harassing, offensive, abusive, obscene, pornographic, brand-damaging, disparaging, infringing, illegal, or otherwise objectionable content; (b) threaten or harass others on the Product; (c) disrupt others’ use of the Product; (d) access or use the Product to solicit, promote or market any products or services; (e) disclose any confidential information, personal information, or personally identifiable information of you or any other person on the Product; provided however, that subject to the provisions of these Terms and Conditions, you may at your sole election and risk disclose your own confidential information, personal information and/or personally identifiable information on the Product, in which case you expressly agree that to the maximum extent permitted by applicable law, neither we nor Third Parties are responsible or liable for the security or confidentiality of any information you may provide on the Product or any other consequences or claims resulting from such disclosure; (f) engage in any anti-competitive or illegal conduct on the Product; or (g) state or imply any endorsement or sponsorship by us of any Content (including user-generated content) or any product, service or event, except to the extent such endorsement or sponsorship is specifically and explicitly acknowledged or approved by us in writing.
- You may terminate your access to and use of the Product at any time.We may, in our sole discretion at any time and without notice, (i) remove any content (ii) monitor, modify or limit the Product and/or (iii) suspend, revoke or terminate your access to and use of the Product.If we or you elect to suspend or terminate your access to or use of the Product, all of your obligations under these Terms and Conditions will survive.
- You agree to defend, indemnify, and hold harmless us, our Third Parties, and each of our and their respective affiliates, officers, directors, employees, agents, and representatives from any and all claims, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees and expenses) arising out of your access to or use of or inability to use the Product, including your user-generated content and breach by you or any user of these Terms and Conditions. In the event that you breach a provision of these Terms and Conditions, in addition to any other rights for damages or otherwise, we and our Third Parties shall be entitled to seek temporary or permanent injunctive relief against you without proof of actual damages.
- The Product is not a real-time system.You acknowledge that there may be a lag in the information presented depending on when the data was last refreshed and/or the connection status.YOU FURTHER ACKNOWLEDGE AND AGREE THAT (i) ANY SUCH TIME LAG IS NOT WITHIN OUR CONTROL, (ii) YOU ACCEPT ANY RISKS IN CONNECTION WITH SUCH TIME LAG, AND (iii) YOU ALWAYS HAVE THE OPPORTUNITY TO ACCESS OR TO GAIN ACCESS TO ANY PUBLISHED RESEARCH PRODUCED BY THE RESEARCH DEPARTMENT OF OUR CORPORATE AND INVESTMENT BANK, INCLUDING, WITHOUT LIMITATION, WHETHER AS A CURRENT OR PROSPECTIVE J.P. MORGAN MARKETS CLIENT. The Product is provided “AS-IS” AND “AS AVAILABLE,” AND WE AND OUR THIRD PARTIES DO NOT MAKE, AND SHALL NOT BE LIABLE FOR, ANY WARRANTIES, CONDITIONS AND/OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED (INCLUDING BASED ON COURSE OF DEALING OR USAGE), WITH REGARD TO THE PRODUCT, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND/OR NON-INFRINGEMENT. TO THE EXTENT THAT LIABILITY FROM IMPLIED WARRANTIES OR CONDITIONS CANNOT BE EXCLUDED UNDER APPLICABLE LAW, SUCH IMPLIED WARRANTIES OR CONDITIONS ARE LIMITED IN DURATION TO 30 DAYS FROM YOUR INITIAL USE OF THE PRODUCT, UNLESS APPLICABLE LAW REQUIRES A DIFFERENT PERIOD, IN WHICH CASE THE SHORTEST PERIOD PERMITTED UNDER APPLICABLE LAW SHALL APPLY.We and our Third Parties make no commitment that the Product, or the access thereof, will be uninterrupted, available at all times, or error-free.
- TO THE EXENT PERMITTED BY LAW, WE AND OUR THIRD PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR REVENUES, OR LOSS OF DATA OR GOODWILL.TO THE EXENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US AND OUR THIRD PARTIES FOR ANY CLAIMS UNDER THESE TERMS SHALL BE LIMITED TO THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS TO USE THE PRODUCT.
- In the event access credentials are provided, you agree to keep your access credentials secure and not share them with anyone, and you are fully responsible for anyone accessing the using your account. You acknowledge that you and anyone using, accessing, or transacting on the for, or on behalf of, your business are authorized to do so. You further agree that your access creditentials for the Product should not and will not be the same as for any other product or service provided by us.
- You agree that to the maximum extent permitted under applicable law, these Terms and Conditions and all claims, suits, causes of action, disputes, or proceedings (whether in contract, tort or statute) that may be based on, arise out of or relate to these Terms and Conditions, including the negotiation, formation, execution, performance, or termination of these Terms and Conditions (“Legal Proceedings”), will be governed by and construed in accordance with the laws of the State of New York.With respect to any Legal Proceedings, you irrevocably (a) submit to the exclusive jurisdiction of the courts of the State of New York and the United States District Court located in the Borough of Manhattan in New York City, as applicable, and (b) waive any objection you may have at any time to the laying of venue of any Legal Proceedings brought in any such court, waive any claim that such Legal Proceedings have been brought in an inconvenient forum and further waive the right to object, with respect to such Legal Proceedings, that such court does not have jurisdiction over you. You agree that a final judgment in any such Legal Proceedings shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDINGS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- Our rights and remedies and your obligations in these Terms and Conditions are cumulative and are in addition to our rights and remedies and your obligations under law or any other applicable agreement or disclaimer.
- Any failure by us to enforce any provision of these Terms and Conditions shall in no way affect our rights thereafter to enforce the same or any other provision hereof, nor shall any waiver by us of any breach of these Terms and Conditions be deemed a waiver of any other breach of the same.
- You may not use the name, trademark or proprietary indicia of us or any of our Third Parties as a reference, or in any other manner, without our prior written consent, which may be granted or withheld in our sole and absolute discretion.