Welcome to our Website. This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Website.

1. Agreement. This Agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of NMSDATA.com (the "Website") and describes the terms and conditions applicable to your access of and use of the Website. This Agreement may be modified at any time by NMSDATA, Inc. (together with its partners, subsidiaries, officers, directors, employees, agents and affiliates, “NMSDATA”) upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.programbusiness.com/company/terms.aspx . Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at www.programbusiness.com/company/PrivacyDisclaimer.aspx.

3. Ownership. All content included on this Website is and shall continue to be the property of NMSDATA or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. .

4. Intended Audience. This Website is intended for adults only. This website is not intended for anyone under the age of 17.

5. Trademarks. Neilson Marketing Services, ProgramBusiness.com, Peak Performance Insurance Ski Conference, and others are either trademarks or registered trademarks of NMSDATA. Other product and company names mentioned on this Website may be trademarks of their respective owners.

6. Website Use. NMSDATA grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this website is at the discretion of NMSDATA may terminate your use of this website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

8. Indemnification. You agree to indemnify, defend and NMSDATA and our partners, subsidiaries, officers, directors, employees, agents and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.

9. Disclaimer.

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NMSDATA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

10. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL NMSDATA 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 10, EACH AGREEMENT AND PURCHASE ORDER SHALL BE DEEMED SEPARATE AND DISTINCT FROM ANY OTHER AGREEMENT OR PURCHASE ORDER.

UNDER NO CIRCUMSTANCES WILL NMSDATA BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

11. Use of Information. NMSDATA reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Website;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Website is Mike Neilson, who can be reached as follows: By Mail: 23172 Plaza Pointe Drive Suite #205, Laguna Hills, CA 92653

 By Phone: (800) 736-9741

 By e-mail: operations@nmsdata.com

13. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and NMSDATA. With respect to any claim or dispute of any kind, you agree to be subject to jurisdiction of the Superior Court of the State of California, County of Orange and waive any objection to venue therein. Upon request of either party, any dispute shall be referred to J.A.M.S. in Orange County, California.

14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

15.  Waiver.  No failure or any delay by NMSDATA 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.

16. Termination. NMSDATA may terminate this Agreement at any time, with or without notice, for any reason. 

17. Contact Information. Questions regarding this Agreement or the practices of this Website should be directed to Security Administrator by e-mailing such questions to Provider at operations@nmsdata.com or by mail at 23172 Plaza Pointe Drive Suite #205, Laguna Hills, CA 92653.
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