NMSDATA

Terms & Conditions

The following terms and conditions apply to and govern all services and Data (“Data”) provided by NMSDATA 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

ProgramBusiness.com has an "Opt-in" Policy for our broadcast e-mails and distribution of other promotional materials. Therefore, as one of our subscribers, we request your permission to send you these materials, before sending any special offers or promotions.

If you receive a promotional email from us and you prefer not to receive similar emails from us in the future, there will be a mechanism to "opt-out" in the email. You may also send an e-mail to requesting to be removed from future ProgramBusiness.com promotions.

Please be aware that the Opt-in policy does not apply to us sending you invoices, reports, confirmations about your orders and other necessary correspondence to support our service. You will continue to receive this information.

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. click here for Privacy Disclaimer

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@programbusiness.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 National 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@programbusiness.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@programbusiness.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.