TERMS & CONDITIONS
Please read the following Terms and Conditions (the “Terms”) carefully before using any website of Jaguar Land Rover North America, LLC (“JLR USA”, “our” or “we”), including but not limited to the Jaguar USA and the Land Rover USA websites, as well as any online features, JLR USA mobile application that is made available by or on behalf of us, services and/or programs offered by JLR USA (collectively, the “Website”). SureSource LLC d/b/a BrandShop operates our Jaguar USA shopping website located at http://shop.jaguarusa.com and Land Rover USA shopping website located at http://shop.landroverusa.com on our behalf. These Terms are in effect for all of our Web Properties.
These Terms are not applicable to any other web pages operated and/or owned by any entity other than JLR USA, including, but not limited to, Tata Motors, Jaguar Land Rover Limited, and any automobile retailer or service center. Users of the foregoing resources should refer to the Terms and Conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH JLR USA REGARDING YOUR USE OF THE WEB PROPERTIES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY THE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE WEB PROPERTIES.
We will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
1. CONVENIENCE AND INFORMATION ONLY. The Web Properties are provided to you as a convenience and for your information only. By merely providing access to the Web Properties, JLR USA does not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) JLR USA has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Web Properties is accurate or complete.
2. WEB PROPERTIES USE AND CONTENT. You may view, copy or print a single copy of any page from the Web Properties solely for personal, non-commercial purposes if you include the following copyright notice: “Copyright © 2016. Jaguar Land Rover North America, LLC. All Rights Reserved.” JLR USA pages and materials may contain other copyright and proprietary rights notices and in no event may you remove, modify, or alter these notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Properties without the express, prior, written consent of JLR USA. We may make changes to the Web Properties and/or to the services described in these Terms at any time and without further notice to you.
3. USER ACCOUNT, PASSWORD AND SECURITY. When and if User Accounts are used in connection with the Web Properties, the following shall apply.
(a) USER ACCOUNT. For certain types of features available through the Web Properties, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password and User Account information. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to (i) immediately notify JLR USA of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account for use on the Web Properties, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required for the Web Properties (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if JLR USA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
(c)NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her UserID and password.
(a) NO WARRANTIES. When using the Web Properties, information will be transmitted in such a way that may be beyond the control of JLR USA. As such, JLR USA makes no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, or other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. JLR USA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT JLR USA WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. JLR USA MAKES NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES. THE ENTIRE LIABILITY OF JLR USA AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEB PROPERTIES WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless JLR USA and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by JLR USA, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL JLR USA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB PROPERTIES AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, ANY CONTENT AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY. JLR USA SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT YOU ACTUALLY PAID TO JLR USA FOR GOODS OR SERVICES THROUGH THE WEB PROPERTIES, AND EXCLUSIVE OF AUTOMOBILE PURCHASES, LEASES, FINANCING AND VEHICLE MAINTENANCE OR SERVICE, IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. JLR USA IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES AND/OR THE CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF JLR USA WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. NO OFFER TO SELL OR LEASE. The Web Properties does not constitute an offer for the sale or lease of any particular vehicle. Distributors and retailers are not agents of JLR USA and have absolutely no authority to bind JLR USA by any express or implied undertaking or representation. The purchase of any Jaguar or Land Rover vehicle shall be subject to the terms and conditions of the applicable sale or lease contract. Any Manufacturer's Suggested Retail Price (MSRP) listed on the Web Properties includes destination and delivery, and excludes taxes, title, license and local fees. Actual retailer price may vary. The Web Properties shall not be used or relied upon by you as a substitute for information that is available from an authorized Jaguar or Land Rover retailer.
7. FUEL ECONOMY ESTIMATES. All fuel economy figures are based on US Environmental Protection Agency (EPA) calculations and are those published by the US EPA. Fuel economy figures have been calculated using the same test cycle as used for official exhaust emission classification. Under normal use, a vehicle's actual fuel consumption figures may differ from those achieved through the applicable test procedure, depending on driving technique, road and traffic conditions, environmental factors, and vehicle condition. If you have any questions about fuel economy figures, please consult your retailer.
9. THIRD PARTY CONTENT.
(a) JLR USA may provide hyperlinks to other websites maintained by third parties, or JLR USA may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). JLR USA does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER JLR USA’S CONTROL AND, JUST AS WITH WEB PROPERTIES, JLR USA IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. JLR USA MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS.” THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEB PROPERTIES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with JLR USA. In most cases, JLR USA is not even aware that a third party has linked or refers to the Web Properties. A third party website that links or refers to the Web Properties: (i) may link or refer to, but not replicate, JLR USA’s Content; (ii) may not create a browser, border environment or frame JLR USA’s Content; (iii) may not imply that JLR USA is endorsing it or its products or services; (iv) may not misrepresent its relationship with JLR USA; (v) may not present false or misleading information about JLR USA’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.
10. INTELLECTUAL PROPERTY. The Content of the Web Properties, including but not limited to graphics, audio clips, video clips, and editorial content, is intellectual property owned, controlled and/or licensed by JLR USA. All applicable intellectual property laws, including copyright laws, protect JLR USA’s rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 and elsewhere in these Terms.
The trademarks, service marks and logos used and displayed on the Web Properties are either (a) JLR USA’s, or its subsidiaries’ or affiliates’, or (b) another party’s, registered and unregistered trademarks. JLR USA is the copyright owner or authorized licensee of all text and all graphics contained on the Web Properties. All trademarks and service marks of JLR USA, or its subsidiaries or affiliates, that may be referred to on the Web Properties are the property of JLR USA, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of JLR USA’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without JLR USA’S prior written permission. JLR USA aggressively enforces its intellectual property rights. Neither the name of JLR USA, its subsidiaries or affiliates, nor any of JLR USA’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Properties or otherwise, without JLR USA’s prior written permission, except that a third party website that desires to link to the Web Properties and that complies with the requirements of Paragraph 10(b) above may use the names “Jaguar” or “Land Rover” in or as part of that link.
12. AVAILABILITY. Information that JLR USA publishes on or through the Web Properties may contain references or cross-references to products, programs or services of JLR USA, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that JLR USA, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact JLR USA for information regarding the products, programs and services that may be available to you, if any.
13. COPYRIGHT COMPLAINTS. JLR USA owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on or through the Web Properties by third parties not within the control of JLR USA. It is our policy not to permit materials known by us to be infringing to remain on or available through the Web Properties. Please notify us promptly if you believe that any materials on or available through the Web Properties infringe on your intellectual property rights or the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), JLR USA will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. When notifying JLR USA of potential infringement, you must include the following:
- Identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Web Properties;
- Identification of the supposedly infringing material that is to be removed;
- Information reasonably sufficient to permit JLR USA to locate the material on the Web Properties;
- Contact information reasonably sufficient to permit JLR USA to contact the complaining party, such as an address, telephone number, or email address;
- A statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
- A statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
- The signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
- Identification of the supposedly infringing material that is to be removed;
- A statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her or its principal or agent; and
- The signature, physical or electronic, of you or a person authorized to act on your behalf.
JLR USA will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content in ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, your materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to the JLR USA Copyright Agent at firstname.lastname@example.org or by certified mail and marked “Copyright Infringement” to JLR USA Customer Service at: 555 MacArthur Blvd., Mahwah, New Jersey 07430, Attn: Copyright Agent.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
14. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to JLR USA, to its partners, to the business of the our Internet service provider, or to other information providers. If you violate any of these Terms, your permission to use the Content pursuant to Section 3 automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
15. CLASS ACTION WAIVER AND ARBITRATION. THIS SECTION 15 PROVIDES THAT ANY DISPUTE ARISING FROM THESE TERMS MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION 15 PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION 15 INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST JLR USA WITH RESPECT TO THE WEB PROPERTIES. IF NOT FOR THIS SECTION 15, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.
You acknowledge and agree that this Section 15 and the agreements contained herein are made pursuant to a transaction involving interstate commerce, and shall be governed by, and be enforceable under, the Federal Arbitration Act (the “FAA”) (9 U.S.C. §1 et seq.) as it may be amended. This Section 15 sets out the circumstances and procedures under which Claims (as defined below) may be resolved by arbitration instead of a court.
Notwithstanding anything herein to the contrary, you retain the right to pursue any Claim in a small claims court and proceed on an individual basis for any such Claim that is within the court’s jurisdiction. Arbitration of Claims will be conducted as an individual action. Neither party agrees to any arbitration on a class or representative basis and the arbitrator shall not have authority to proceed with any arbitration on a class or representative basis. Even if a class action lawsuit or other representative action is filed, including in the form of a private attorney general action, any Claim between you and us related to such lawsuits will be subject to an individual arbitration claim if so elected by either you or us. Arbitration proceedings with respect to separate Claims will not be consolidated without the consent of all parties. Only those Claims that are (1) brought by us against you, or your heirs or your trustee in bankruptcy or (2) brought by you, or your heirs or your trustee in bankruptcy against us, may be joined in an individual action under this Section 15.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim or dispute; and (b) the specific relief sought (“Demand”). The Notice to JLR USA should be addressed to: Dispute Resolution Agent, Jaguar Land Rover USA, LLC, 555 MacArthur Blvd, Mahwah, New Jersey 07430 USA (“Notice Address”). You must notify us of any Claim brought by you within 100 days of the event or events giving rise to such Claim or you will have waived your right to bring such Claim or to participate in any legal action relating to such Claim. If JLR USA and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or JLR USA may commence an arbitration proceeding. After JLR USA receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee required by the arbitration administrator, unless your Claim is for greater than $75,000.
The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute (“JAMS”), both of which are independent from us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which you reside at the time the Claim is filed or at some other place as agreed by the parties in writing. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person hearing as established by the rules of the arbitration administrator. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:
American Arbitration Association
1633 Broadway, 10th Floor, New York, NY 10019
1920 Main Street, Suite 300, Irvine, CA 92614
Claims will be resolved by a single, neutral arbitrator, who will be either a lawyer with at least ten years of experience or a retired or former judge. The applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed will govern the arbitration unless those procedures and rules are inconsistent with this Section 15, in which case the procedures and rules of this Section will prevail. The procedures and rules of arbitration may limit the amount of discovery available to you or us in the proceeding. Applicable substantive law consistent with the FAA and applicable statutes of limitations will be applied, and the arbitrator will honor claims of privilege recognized at law. At your discretion, you may have a hearing and be represented by counsel. Reasonable steps will be taken by the arbitrator to protect customer information and other confidential information, and the arbitrator may use protective orders to prohibit disclosure outside the arbitration if requested to do so by either party. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, but will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator may award punitive damages or attorney fees if the law and/or these Terms authorize such relief. Any award made by the arbitrator will be evidenced in writing by the arbitrator, but the arbitrator is not required to provide a statement of reasons unless requested by a party.
Except as otherwise provided for herein, JLR USA will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the rules of the arbitration administrator. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the rules of the arbitration administrator.
Any failure or other delay by either party in enforcing this Section 15 at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.
16. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause JLR USA irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Course JLR USA may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. EXPORT RESTRICTIONS. Any software and all underlying information and technology downloaded or viewed from any Web Property or in connection with the services (collectively the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, and any products or services of Course JLR USA, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
18. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the State of New Jersey. Subject to the provisions of the Arbitration Section set forth above, you agree and hereby submit to the exclusive personal jurisdiction and venue of the state or federal courts in the State of New Jersey, with respect to such matters.
Your Consent To This Agreement
By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If you have additional questions or comments of any kind, or if you see anything on the Web Proprieties that you think is inappropriate, please let us know by sending your comments or requests to:
Jaguar Land Rover North America, LLC
555 MacArthur Blvd.
Mahwah, New Jersey 07430
Attn: Customer Care – Web Site
Copyright © 2016 Jaguar Land Rover North America, LLC. All Rights Reserved.
EFFECTIVE AS OF: March 1, 2013
LAST UPDATED: August 11, 2016