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The following terms and conditions apply to and govern all services and Data ("Data")
provided by NEILSON MARKETING SERVICES and any or all of its affiliated companies (collectively referred
to as "Provider") to any customer ("Customer"). To the extent that any term, condition
or provision of any agreement differs from the terms and conditions set forth herein,
these terms and conditions shall govern. The use of any Data provided by Provider
by any customer ("Customer") shall be deemed to manifest Customer's agreement to
each of the terms and conditions set forth herein.
All Data provided by Provider is and remains the property of Provider. A license
for the use of such Data is hereby granted to Customer to utilize such Data for
the purposes described in Customer's agreement with Provider and for no other purpose.
Customer shall not disclose any Data provided by Provider to any third party for
any reason whatsoever or utilize such Data for any purpose other than is set forth
above. Customer agrees that any breach of any provision of this paragraph will result
in damages to Provider that cannot be adequately compensated by monetary damages
and Customer further agrees that, as a result, in addition to any remedies at law,
Provider shall be entitled to obtain injunctive or other equitable relief to restrain
any breach or threatened breach of paragraph 2, above, in addition to monetary damages.
Under no circumstances shall Provider be liable to any Customer for an amount in
excess of the amount actually paid by Customer for Data pursuant to any agreement
or purchase order. For purposes of this paragraph 4, each agreement and purchase
order shall be deemed separate and distinct from any other agreement or purchase
order.
No failure or any delay by Provider in exercising any right, power, or privilege
under any agreement or purchase order with any customer shall operate as a waiver
of such right, power, or privilege, and no single or partial exercise of any such
right, power, or privilege will preclude any other or further exercise of such right,
power, or privilege or the exercise of any other right, power, or privilege.
Customer agrees that any claim or dispute with Provider will be governed by and
construed under the laws of the State of California without regard to conflicts
of laws principles and, with respect to any claim or dispute of any kind, Customer
agrees to be subject to jurisdiction of the Superior Court of the State of California,
County of Orange and waives any objection to venue therein. Upon request of either
party, any dispute shall be referred to J.A.M.S. in Orange County, California.
Process in any action or proceeding referred to in the preceding sentence may be
served on any party anywhere in the world and Customer agrees to be bound by such
service made by certified or registered mail.
Each term herein is to be interpreted in a manner to be effective and valid. Nevertheless,
if any provision or term herein is held to be prohibited by or invalid then such
provision or term will be ineffective only to the extent of such prohibition or
invalidity, without invalidating or affecting in any manner whatsoever the remainder
of such provision or term or the remaining provisions or terms hereof.
The application(s), system and Data are licensed, not sold, to you by Provider and
all are subject to this License.
Provider retains title to the Data and reserve all rights not expressly granted
to you.
The Data contains copyrighted material, trade secrets and other proprietary material.
In order to protect them, you may not decompile, reverse engineer, disassemble or
other-wise reduce this Data to a human-perceivable form, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding
this limitation. You may not modify, network, rent, lease, loan, sublicense, broadcast,
distribute or otherwise use the Data for commercial purposes other than pursuant
to your agreement with Provider . You may not create derivative works based upon
the Data in a whole or in part.
Additional Terms and Conditions Regarding Data.
Opt-In Policy
Provider has an "Opt-in" Policy for our promotional emailing and sending of other
promotional materials. This means that if you have an account with us, either as
a Customer or Producer, before we will send you special offers or promotions you
would have already given us your permission to do so. If you receive a promotional
email from us and you would rather not receive similar emails from us in the future,
there will be a mechanism to "opt-out" in the email. You may also send an email
to customerservice@nmsdata.com requesting to be removed from future Provider promotions.
However, even if you indicate that you do not wish us to send you promotional information,
we will still send you invoices, reports, confirmations about your orders and other
necessary correspondence to support our service.
Provider Privacy Statement:
Provider has created this privacy statement ("Statement") in order to demonstrate
our commitment to customer privacy. Privacy on Provider's website (the "Site") is
of great importance to us. Because we gather important information from our visitors
and customers, we have established this Statement as a means to communicate our
information gathering and dissemination practices. We reserve the right to change
this Statement and will provide notification of the change at least thirty (30)
business days prior to the change taking effect.
Collected Information:
We require customers who register to use the services offered on our Site (collectively,
the "Service") to give us contact information, such as their name, company name,
address, phone number, and e-mail address, and financial qualification and billing
information, such as billing name and address, credit card number, and the number
of users within the organization that will be using the Service. At the time you
express interest in attaining additional information, or when you register for the
Service, we may also ask for additional personal information, such as title, department
name, fax number, or additional company information, such as annual revenues, number
of employees, or industry. Customers can opt out of providing this additional information
by not entering it when asked. Customers can update or remove their personal information
at any time by logging into the Website and editing their Personal Information within
Setup. Customers can view their updated profile to confirm their edits have been
made.
Provider uses the information that we collect to set up the Service for individuals
and their organizations. We may also use the information to contact customers to
further discuss customer interest in our company, the Service that we provide, and
to send information regarding our company or partners, such as promotions and events.
Customer email addresses and any personal customer information will not be distributed
or shared with third parties. Customers can opt out of being contacted by us, or
receiving such information from us, at any time by sending an email to support@NMSDATA.com.
Separately, customers are also asked to provide an email address when registering
for the Service, in order to receive a username and password. We may also email
information regarding updates to the Service or company. Again, email will not be
distributed or shared.
Except as we explicitly state at the time we request information, or as provided
for in the Provider's Master Subscription Agreement, we do not disclose to third
parties the information provided. All financial and billing information that we
collect through the Site is used solely to check the qualifications of prospective
customers and to bill for the Service. This billing information is not used by Provider
for marketing or promotional purposes. Provider uses a third-party intermediary
to manage the credit card processing. This intermediary is solely a link in the
distribution chain, and is not permitted to store, retain, or use the information
provided, except for the sole purpose of credit card processing. Other third parties,
such as content Providers, may provide content on the web Site but they are not
permitted to collect any information nor does Provider share user information with
these parties.
Customers of the Service will be using the Site to host Data and information. Provider
will not review, share, distribute, print, or reference any such Data except as
provided in the Master Subscription Agreement, or as may be required by law. Individual
records may at times be viewed or accessed only for the purpose of resolving a problem,
support issue, or suspected violation of the Master Subscription Agreement, or as
may be required by law. Of course, customers are responsible for maintaining the
confidentiality and security of their user registration and password.
Provider may also collect certain information from visitors to and customers of
the Site, such as Internet addresses. This information is logged to help diagnose
technical problems, and to administer our Site in order to constantly improve the
quality of the Service. We may also track and analyze non-identifying and aggregate
usage and volume statistical information from our visitors and customers and provide
such information to third parties.
Cookies:
These are small text files our server writes to your computer which we use to store
information related to your visit. These are beneficial to you in that we make input
form completion easier as well as automating the login process to client areas of
our site. For this reason, cookies MUST be enabled in order to use our Site.
Standing alone, cookies do not identify you personally. They merely recognize your
browser. Unless you choose to identify yourself to Neilson Marketing Services,
either by responding to a promotional offer, or opening an account. You remain anonymous
to Provider. Cookies come in two flavors: session and persistent-based. Session
cookies exist only during an online session. They disappear from your computer when
you close your browser software or turn off your computer. Persistent cookies remain
on your computer after you've closed your browser or turned off your computer. They
include such information as a unique identifier for your browser.
Provider's website uses session cookies containing encrypted information to allow
the system to uniquely identify you while you are logged in. This information allows
Provider to process your online transactions and requests. Session cookies help
us make sure you are who you say you are after you've logged in. Provider uses persistent
cookies, that only Provider can read and use, to identify the fact that you are
a customer or prior website visitor (whatever the case may be). We are especially
careful about the security and confidentiality of the information stored in persistent
cookies. For example, we do not store account numbers or passwords in persistent
cookies. Users who disable their web browsers' ability to accept cookies will be
able to browse our Website but will not be able to successfully use our Service.
Third Party Cookies:
We may from time to time engage third parties to track and analyze non-personally
identifiable usage and volume statistical information from visitors to our website
to help us administer our website and improve its quality. Such third parties may
use cookies to help track visitor behavior. Such cookies will not be used to associate
individual website visitors to any personally identifiable information. All Data
collected by such third parties on behalf of Provider is used only to provide us
with information on site usage and is not shared with any other third parties.
Third-Party Sites:
Provider's Site contains links to other web sites. Provider is not responsible for
the privacy practices or the content of these other websites. Customers and visitors
will need to check the policy statement of these others web sites to understand
their policies. Customers and visitors who access a linked site may be disclosing
their private information. It is the responsibility of the user to keep such information
private and confidential.
Security:
Our Site has security measures in place to help protect against the loss, misuse,
and alteration of the Data under our control. When our Site is accessed using Netscape
Navigator, or Microsoft Internet Explorer versions 5.5 or higher, Secure Socket
Layer (SSL) technology protects information using both server authentication and
Data encryption to help ensure that Data is safe, secure, and available only to
you. Provider also implements an advanced security method based on dynamic Data
and encoded session identifications, and hosts the Site in a secure server environment
that uses a firewall and other advanced technology to prevent interference or access
from outside intruders. Finally, Provider provides unique user names and passwords
that must be entered each time a customer logs on. These safeguards help prevent
unauthorized access, maintain Data accuracy, and ensure the appropriate use of Data.
Correcting & Updating Your Information:
If customers need to update or change registration information they may do so by
editing the user or organization record. To update a User Profile, log on to Provider's
website and select Setup to add or update information. To update Organization's
Data, log on to Provider's website and select Organization Setup. To update billing
information please email customerservice@nmsdata.com or call 1.800.736.9741. To
discontinue the Service and to have Data returned, call 1.800.736.9741. Provider
will respond to your correction or update request within at most 15 days from the
date of your request.
Additional Information:
Questions regarding this Statement or the practices of this Site should be directed
to Security Administrator by e-mailing such questions to Provider at customerservice@nmsdata.com
or by mail at 23172 Plaza Pointe Drive Suite #205, Laguna Hills, CA 92653
Disclaimer of Warranty. Customer acknowledges that all Data provided Provider is
compiled from industry recognized third-party sources. Provider believes that such
third party Data is current and accurate. Nevertheless, Provider cannot and does
not represent or warrant that the information obtained from third party sources
is accurate or current, nor that Data compiled from third party sources will result
in any specific number or percentage of appointments. Customer expressly acknowledges
and agrees that use of the Data at your sole risk. Notwithstanding the foregoing,
Provider warrants that it is the sole owner of the information that it provides
to Customer or has the authority to disclose such information to customer and that
the information that it provides to Customer does not violate any laws or agreements
pertaining to privacy or confidentiality.
Except explicitly as set forth herein, the Data is provided "AS IS" and without
warranty of any kind and Provider EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE DATA WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE DATA WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE DEFECTS IN THE DATA WILL BE CORRECTED.
FURTHERMORE, PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
RESULTS OF THE USE OF THE DATA IN TERMS OF RESULTS, CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROVIDER OR PROVIDER
'S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE
SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THAT THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PROVIDER
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OR INABILITY TO USE THE DATA EVEN IF A PROVIDER AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
TO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PROVIDER
'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY
YOU FOR ACCESS TO THE DATA.
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