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
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
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.
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
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
(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
(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
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.
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
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
or by mail at 23172 Plaza Pointe Drive Suite #205, Laguna Hills, CA 92653.