Within these Terms, the "Skill(s)" refers to voice-activated J.P. Morgan audio content and information ("Content") accessible via Amazon Alexa ("Alexa") and Google Assistant ("Assistant"). "Google" refers to Google LLC; and "Amazon" refers to Amazon Digital Services LLC. The words "we," "us," and "our" refer to J.P. Morgan as well as its directors, officers, employees, and affiliates. The words "you," "your," and "yours" mean you, the Skill user.
Your enablement of the Skill, whether by clicking "Enable" or by verbally enabling the Skill through any Alexa- or Google-enabled device, as well as your continued use of the Skill, is governed by these Terms. If you do not agree to these Terms, do not use the Skill. Use of the Skill constitutes an acknowledgement of, and agreement to, these Terms. These Terms are subject to change at any time by J.P. Morgan with or without notice to you.
Amazon's and Google's Access to Information
When you engage with JPMorgan Insights Amazon Skill and/or Google Action, J.P. Morgan treats all communications that we receive through the Skill as originating from you or your authorized representative. Additionally, you should be aware of your surroundings when using the Skill, since verbal commands directed to the Skill may be overheard by those nearby you.
You understand, acknowledge and agree that not all commands and questions may be understood and/or recognized by Amazon's Alexa or Google's Assistant. You agree that J.P. Morgan is not responsible for any errors that result from the use of the Skills.
Third Party Information
Content provided to you through the Skill may be independently obtained by or on behalf of J.P. Morgan from third parties, various securities markets (such as stock exchanges and their affiliates), suppliers of market data, and other outside sources. The accuracy, completeness, timeliness, and correct sequencing of Content is not guaranteed by J.P. Morgan, the third party providers of, or contributors to, the Content, or any other parties transmitting Content. There may be delays, omissions or inaccuracies in the Content.
REPRESENTATIONS AND WARRANTIES
J.P. MORGAN HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING INFORMATION OR ANY ASPECT OF THE SKILL. THE SKILL IS PROVIDED ON AN ‘”AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFOMANCE AND EFFORT IS WITH YOU. SOME FUNCTIONS OF THE SKILL ARE SUBJEDT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
Limitation of Liability
In no event will J.P. Morgan or any third party, be liable to you or to anyone else for any consequential, incidental, special or indirect damages, including but not limited to lost profits, trading losses and/or damages that result from any use, inconvenience, delay, loss of the use of the Skill or Content, even if J.P. Morgan or any third party has been advised of the possibility of such damages or losses.
Neither J.P. Morgan nor any third party shall be liable for any loss resulting from any cause or occurrence over which J.P. Morgan or such third party has no direct control, including but not limited to, failure of electronic or mechanical equipment or communications lines, telephone, internet or other interconnect problems (e.g., you cannot access your internet service provider), the transmission of any viruses which may infect a user's equipment, unauthorized access, theft, operator errors, severe weather, earthquakes, terrorist attacks, snow, flooding, strikes, other labor problems and other force majeure. Some states do not allow limitations on how long implied warranties last, limitations or exclusions of incidental or consequential damages, or the exclusion of certain implied warranties; as a result, the disclaimers and limitations in this paragraph may not apply to you. Your rights may vary from state to state.
You are responsible for the confidentiality and use of your user IDs, passwords, and other security data in conjunction with the Skill. You agree that you will be responsible for any data transmitted, or products or services obtained through the use of your user IDs, passwords, and other security data, including but not limited to in the case of unauthorized access of these data by a third party.
This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
In performing its functions described in these Terms, J.P. Morgan shall not be liable to any party for damages, losses, or expenses, nor under any circumstances for consequential, special, punitive, or indirect losses or damages in connection with your use of the Content or the Skill.
You agree to indemnify and hold us harmless against and from all costs, losses and expenses to which we may be liable or for which we may become liable by reason of any legal proceeding relating to your use of the Content or the Skill.
Disclaimer of J.P. Morgan Responsibility
You expressly agree that your use of the Skill shall be at your sole risk and you assume any and all risks incidental to and arising out of the use thereof.
You agree that we are not liable for any loss caused directly or indirectly by government restrictions, exchange or market rulings, suspension of trading, war, civil disturbances, terrorism, strikes, natural calamities, acts or omissions of exchanges, specialists, markets, clearance organizations or information providers, delays in mails, delays or inaccuracies in the use of the Skill, or other conditions beyond J.P. Morgan's control.
J.P. Morgan cannot and does not guarantee continuous, uninterrupted or secure access to the Skill and is not liable for any interruptions to your access of the Skill. J.P. Morgan will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Skill. Neither J.P. Morgan, nor any of its directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Skill or any information and content provided through the Skill (whether from J.P. Morgan or from third parties), or resulting from the act or omission of any other party involved in making the Skill or such information and content available to you, or from any other cause relating to your access to, inability to access, or use of the Skill or such information and content, whether or not the circumstances giving rise to such cause may have been within the control of J.P. Morgan or of any vendor providing software or services.
No Offers or Solicitations
The information and content provided through the Skill whether from J.P. Morgan or from third parties as well as these Terms are for information purposes only and are not to be construed as an endorsement, recommendation, investment advice or an offer or solicitation to buy or sell securities of any kind. The information and content provided through the Skill should not be used as a basis for any investment decision as it does not provide individually tailored investment advice. It has been prepared without regard to your financial circumstances and objectives. Any strategies and/or investments discussed may not be suitable for you. The appropriateness of a particular investment or strategy will depend on your individual circumstances and objectives. J.P. Morgan recommends that you independently evaluate the information and content provided through the Skill whether from J.P. Morgan or from third parties as well as these Terms and particular investments and strategies, and encourages you to seek the advice of a financial advisor.
The Terms as well as the information and content provided through the Skill and all content on and/or relating to the Skill are based on public information as of the time it was created, and may become stale thereafter. J.P. Morgan has no obligation to provide updated information with respect to any information or content on the Skill in whole or in part. J.P. Morgan suggests that you seek the advice of your own financial advisor regarding the terms as well as the information and content provided through the Skill and all content on and/or relating to the Skill.
J.P. Morgan Client Status
Neither these Terms nor the use of the Skill is meant to imply, infer, and/or confer directly and/or indirectly J.P. Morgan client status upon you. If, at the time you enable the Skill you are a client of J.P. Morgan or if you become a client of J.P. Morgan at any time subsequent thereto, nothing in these Terms nor in the use of the Skill supersedes and/or amends your J.P. Morgan client agreement and any and all other agreements or contracts that govern your client relationship with J.P. Morgan.
Governing Law; No Jury Trial; Injunctive Relief
To the maximum extent permitted by applicable law: (a) these Terms shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its choice of law principles; (b) the exclusive jurisdiction for any action or proceeding arising out of or related to these Terms shall be a state or federal court located in the County and State of New York; and (c) you agree not to bring any such action or proceeding in any other venue or location. YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE UNDER ANY APPLICABLE LAW TO A JURY TRIAL. You acknowledge that any breach or threatened breach by you of any provision of these Terms may cause us irreparable injury and damage and, therefore, that any such breach or threatened breach may be enjoined through injunctive proceedings in addition to any other rights and remedies that may be available to us at law or in equity.