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TERMS AND CONDITIONS OF USE

The following terms of use ("Agreement") governs the use of the Beta Forum "rangerover.ex-plor.com" ("Website"), including without limitation and, where applicable, participation in its surveys, social hubs, rooms, chats, and all other areas (except to the extent stated otherwise on a specific page) managed by Jaguar Land Rover Limited whose registered office is at Abbey Road, Whitley, Coventry, CV3 4LF (“JLR”) and powered by STRAT7 Researchbods, a division of STRAT7 Limited whose registered office is at 11 Soho Street, London, W1D 3AD ("Service Provider"), on behalf of JLR (JLR and the Service Provider collectively referred to as “us”, “we" or "our”). Please note any references to Jaguar Land Rover Limited may be defined as “JLR” throughout this document.

Please read the terms contained in this Agreement carefully.

Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with the terms.

If you do not agree with these terms, please do not use the Website.

In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so please check back often. Continued access of the Website by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these terms, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to the Service Provider's other remedies.

A. Registration and Account Creation

1. REGISTRATION INFORMATION:

1.1.
We may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. Registration is free and you may only join once. We reserve the right to refuse your registration. In some cases, you may have to meet certain criteria to be eligible to be invited and/or participate in an activity. If you do not meet the criteria, you will not be able to take part on that occasion – this does not affect your chances of being invited into future research activities.
1.2.
In order to register and/or set up an account, you may be provided, or required to choose, a password, user identification and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up to date. If any of your Registration Information changes, you must update it by using the appropriate update process on the Website, if available. Otherwise, notify us at rangerover@mail.ex-plor.com. You undertake that all information you give in relation to the panel will be as accurate as possible. Providing false information could lead to being disqualified from the panel.
1.3.
The Service Provider follows the requirements of the following laws and codes: The Data Protection Act 1998 Market Research Society (MRS) Code of Conduct and the UK GDPR and Data Protection Act 2018.

2. USE OF USER ID/PASSWORD:

2.1.
IIf you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorise others to use your Registration Information. You may not sub-licence, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
2.2.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorisation, or who has access to any computer on which your account resides or is accessible.
2.3.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify us at rangerover@mail.ex-plor.com.

B. Terms of Usage

3. USE OF THE WEBSITE BY YOU:

3.1.
As part of the Website, you will have access to the Beta application. The invite to participate in the Website is only intended for the invitee for personal and non-commercial use by You. You are not permitted to share the Website URL or any Beta application details. You may not authorise others to use the Website. Your engagement is critical to help us create a robust product to develop our Beta application. We may contact you via the Website for more information to help us investigate specific issues. We retain the right to remove any users not engaging with us through the Website to allow us to manage an active Beta user base.
3.2.
The Website contains material that is protected by local, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, publish, upload, post, transmit or distribute in any way any material, including code and software, from the Website. As a member of the Website you will have access to the Beta application. You are not permitted to share any access details, app download links, imagery or forum related content outside of the Website.
3.3.
All information contained in Website including any documentation, Beta app information, or revealed in discussions as part of the Website constitutes confidential information and must not be shared or disclosed by you externally outside of the Website or with anyone other than other members of the Website. In particular, we may share pre-release concepts, which are not yet in the public domain. In using this Website, you confirm you understand the confidential nature of the information and the requirements not to share this externally and/or to any third parties.
3.4.
You must be 18 years old or over to register for the Website. The Website is not intended for users under the age of 18 years, and we do not knowingly collect personally identifiable information from users under the age of 18 years. Such users are expressly prohibited from submitting their personally identifiable information to us, and, if applicable, from using our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
3.5.
The Website is not intended for use by children, particularly those under the age 18, and we do not knowingly collect information from children. In the event we learn that we have collected personal information on the Website from a child under age 18, we will delete that information as quickly as possible. We may, however, collect information about children under the age of 18 from you through some of our activities on the Website (e.g. in your advisor profile we ask about your children, or through our research). Where you are not the parent/legal guardian of the child under the age of 18, we ask that you first obtain consent from the child’s parents before divulging any information pertaining to that child. In the event that we learn we have collected any Personal Information of a child under the age of 18 without verification of parental/legal guardian consent, we will delete that information from our database as quickly as possible.
3.6.
You agree not to use any obscene, indecent, profanities, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, or commercial offers, invades anyone's privacy, or encourages conduct that would constitute a criminal offence, is illegal, give rise to civil liability, or that otherwise violates any local, federal, national or international law or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
3.7.
You are responsible for ensuring that any material you provide to the Website or, if applicable, post on a bulletin board or forum or elsewhere, including but not limited to text, photographs and sound, does not violate the copyright, trademark, trade secret or any other personal or Proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
3.8.
The content, organisation, graphics, text, images, video, design, compilation, advertising and all other material on the Website, including without limitation, the “look and feel” of this website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of the Service Provider or JLR and their content providers. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising is strictly prohibited.
3.9.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Website, or feature of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.
3.10.
Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
3.11.
You acknowledge that neither the Service Provider nor JLR has reviewed and do not endorse the content of all sites linked to from this Website and are not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
3.12.
The nature of this Website is interactive and public. By posting content, if applicable, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit may be used by us and our content providers anywhere, anytime, in any manner and for any reason whatsoever.

4. COMMENTS BY OTHERS ARE NOT ENDORSED BY THE SERVICE PROVIDER OR JLR:

4.1.
We (nor our content providers) do not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of the Service Provider, JLR or our content providers. You agree that the Service Provider, JLR and our content providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

5. USE OF MATERIAL SUPPLIED BY YOU:

5.1.
For information regarding use of personal information you supply or communicate to the Website, please see our Privacy Policy. Except as expressly provided otherwise in the Privacy Policy, you agree that by posting messages, uploading files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide licence to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicence any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorise others to do so. In addition, please be aware that information and content (including photographs) (collectively, “Materials”) you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post. THE SERVICE PROVIDER, JLR AND OUR CONTENT PROVIDERS HEREBY DISCLAIM ANY AND ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH ANY AND ALL MATERIALS POSTED, UPLOADED OR SUPPLIED BY YOU ON THE WEBSITE.

6. INTELLECTUAL PROPERTY:

6.1.
COPYRIGHT JLR and/or the Service Provider and our content providers respect the intellectual property of others, and we ask our users to do the same. JLR and/or the Service Provider and our content providers may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
6.2.
TRADEMARKS The trademarks, service marks and logos used and displayed on the Website are either (a) JLR’s or its subsidiaries’ or affiliates’, or (b) another party’s, registered and unregistered trademarks. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of JLR or its subsidiaries’ or affiliates’, trademarks, or service marks without prior written permission.
6.3.
USE JLR actively enforces its intellectual property rights. Neither the name of JLR, its subsidiaries or affiliates, nor any of JLR’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, social media or otherwise, without prior written permission.
6.4.
Any use of the Website in a manner not expressly permitted by this Agreement may constitute an infringement of our intellectual property rights or the intellectual property rights of our licensors. We and our licensors reserve the right to exercise all rights and remedies available in respect of any infringement of intellectual property rights on the Website.

7. INDEMNIFICATION:

7.1.
YOU AGREE TO INDEMNIFY THE SERVICE PROVIDER, JLR AND OUR RESPECTIVE AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS AND CONTENT PROVIDERS, AND TO DEFEND AND HOLD EACH OF THEM HARMLESS, FROM ANY AND ALL CLAIMS AND LIABILITIES (INCLUDING LEGAL FEES) WHICH MAY ARISE FROM YOUR SUBMISSIONS, FROM YOUR UNAUTHORISED USE OF MATERIAL OBTAINED THROUGH THE WEBSITE, OR FROM YOUR BREACH OF THIS AGREEMENT, OR FROM ANY SUCH ACTS THROUGH YOUR USE OF THE WEBSITE.

8. NO DUTY TO MONITOR AND TAKE DOWN PROCEDURE:

8.1.
We reserve the right, but undertake no duty, to review, edit, move or delete any material provided for display or placed on the Website or its bulletin boards, in its sole discretion, without notice.
8.2.
We are not responsible for content provided by others, including members, and do not have any obligation to pre-screen content posted on the Website. We have the right, but not the obligation, to refuse to post, redact, edit or delete any content for any reason without notice. We are not responsible for any failure or delay in removing material.
8.3.
If you have an enquiry or complaint about the Website, you should contact your community manager at rangerover@mail.ex-plor.com and we will try to answer your enquiry or resolve any complaint as soon as possible.
8.4.
If you wish to request us to stop using any of your content at any time, you should notify us by emailing rangerover@mail.ex-plor.com setting out details of your content and where it can be found on the Website. We will endeavour to respond promptly and to endeavour to cease using such notified content.
8.5.
If you have good reason to believe that any content posted by other members do not comply with the provisions of this Agreement, then you should notify us by emailing us at rangerover@mail.ex-plor.com.
8.6.
Where we receive notification that content posted by other members do not comply with the provisions of this Agreement, we will endeavour to investigate promptly. Whilst we are investigating, we reserve the right to remove the affected content immediately from the Website.

9. ADDITIONAL ITEMS:

9.1.
We reserve the right to post, from time to time, additional terms of usage that apply to specific parts of the Website. Such additional terms will be posted in the relevant parts of the Website. Your continued use of the Website constitutes your agreement to comply with these additional terms.

10. THIRD PARTY SITES AND APPLICATIONS

10.1.
Your participation may require use of mobile device services, including data and/or messaging services. Please be aware that your normal carrier’s rates and fees, such as text messaging fees or data usage fees, will apply and we will not be responsible for any charges that may be incurred by you during participation in any mobile device-based activity.
10.2.
The Website may include links to third party sites or services, including links added by members. The links are contained within the Website for informational purposes only. If you access any of the links to Internet sites, content, or videos that are accessible through the Website but are maintained by third parties, you do so at your own risk, and we are not responsible for their contents, or how they treat your personal information.
10.3.
To the extent the Website uses or links to third party sites, applications or services, your use of such sites, applications or services may also be governed by the privacy policies and terms of use of the third party sites and/or applications. We encourage you to review any privacy policies and other agreements that may be applicable to your use of any such third party sites and/or applications.
10.4.
We are not responsible for the use of your information by these third parties and we make no guarantee that such third party sites or applications are free from computer viruses or malware. We expressly disclaim all liability for any losses, costs or expenses that you suffer as a result of your use of these third party sites, services and/or applications.

11. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

11.1.
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES, JLR AND ITS CONTENT PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, UK PATENTS, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE.
11.2.
THE SERVICE PROVIDER, ITS AFFILIATES, AND JLR DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
11.3.
THE SERVICE PROVIDER, ITS AFFILIATES, JLR AND ITS CONTENT PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES TO THE EXTENT PERMITTED BY LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4.
YOU HEREBY AGREE TO RELEASE THE SERVICE PROVIDER, ITS AFFILIATES, JLR AND ITS CONTENT PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE.

12. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:

12.1.
We have the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, or may prevent your use of this Website with or without notice to you. You agree that you do not have any rights in this Website and that neither the Service Provider nor JLR and our content providers will have any liability to you if this Website is discontinued or your ability to access it is terminated.

13. SEVERABILITY:

13.1.
If any part of this Agreement shall become void or invalid by virtue of law or government order, the remaining parts remain valid and enforceable and the void or invalid provision(s) shall be replaced by such valid provision(s) reflecting most closely the commercial intentions of this Agreement.
13.2.
If any provision of this Agreement is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of this Agreement, which shall remain in full force and effect.

14. JURISDICTION AND GENERAL PROVISIONS:

14.1.
We make no representation that materials on the Website are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Your use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. If you do not agree with these terms, please do not use the Website. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes agreement to its terms and conditions as well.
14.2.
The provisions of this Agreement are available in English only and shall be exclusively governed by and construed in accordance with the laws of England and they irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
14.3.
Failure by either the Service Provider or JLR to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

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