Last modified: December 10, 2018

Nielsen Catalina Solutions (“NCS”) requires that all visitors to this World Wide Web site operated by NCS (the “NCS Site”) adhere to the following Terms of Use.  By using the NCS Site, you are agreeing to these terms. Please read them carefully.

NCS may change the NCS Site at any time, including the availability of any feature, database or content.  The terms and conditions of a NCS client’s service agreement for any portion of the NCS Site will control in the event of any provisions that may conflict with these Terms of Use.

Using the NCS Site

All products, services, information, images, graphics and other components (“Content”) of the NCS Site are owned and copyrighted by NCS unless otherwise noted and are provided for lawful purposes only.  The Content on the NCS Site is provided for informational purposes only, and is not intended as legal, accounting or other professional advice.  Any misuse of the Contents on the NCS Site may give rise to a claim for damages and/or be a criminal offense.  Do not modify, copy, distribute or republish any Content on the NCS Site, without prior approval by NCS.

For your convenience, the NCS Site may include links to websites that are owned or operated by other companies.  When you use a link to visit such third party website, you understand that the third party website operates under its own terms of use, privacy policy and security practices.  NCS does not control those third party websites and is not responsible for any information, tools or statements provided on these third party websites.

Privacy

Our Website Privacy Policy explains how NCS handles personal information collected via the NCS Site, while the Consumer Data Statement provides an overview of how we handle information in connection with our products and services.  Our Careers Privacy Notice describes our use of your job applicant data when you are applying for employment at NCS.  Please take a moment to read these policies.

Trademark Protection

The trademarks, service marks and logos (“Marks”) used in the NCS Site or service are owned by NCS and/or its parents, agents, providers or licensors, and are registered and unregistered trademarks.  The owner of the Marks holds exclusive rights to the Marks, and any unauthorized use of the Marks is prohibited.  That means you may not use, copy or display the Marks without the prior approval of the Marks’ owner.

Submissions

If you submit comments, feedback, suggestions or other information to NCS through the NCS Site (“Submission”), we may use your Submission without obligation to you.  You further grant NCS the right to use your name in connection with the reproduction or distribution of such material.  You are responsible for whatever material you submit, including your Submission’s legality, reliability, appropriateness, originality, and copyright.  Posting or transmitting unlawful, threatening, libelous, defamatory, obscene, or pornographic material on the NCS Site is prohibited.

NCS Site and Service Territory

The NCS Site and services are maintained in the United States and intended for a United States audience.  The NCS Site and services are not intended to subject NCS, its affiliates, agents, providers, or licensors to the laws or jurisdiction of any country or territory other than that of the United States.

Restriction of Liability

NCS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.  NCS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF NCS OR AN AUTHORIZED NCS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.  THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  NCS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING WITHOUT LIMITATION, NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

Disclaimer

The Contents on the NCS Site could include technical inaccuracies or typographical errors. Also, NCS may make changes or improvements to the NCS Site at any time. THE CONTENTS ON THE NCS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.  NCS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  NCS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NCS SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  NCS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE CONTENTS ON THE NCS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  NCS MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THE NCS SITE.  YOU (AND NOT NCS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  NCS SHALL NOT BE LIABLE FOR ANY RESULTS OBTAINED OR NOT OBTAINED AS A CONSEQUENCE OF THE USE OF THE INFORMATION CONTAINED ON THE NCS SITE.

ANY REFERENCE TO NCS OR THE INFORMATION CONTAINED ON THE NCS SITE FOR COMMERCIAL PURPOSES, INCLUDING CITATION IN ANY ADVERTISING, SALES COLLATERAL OR OTHER MARKETING MATERIALS, IS STRICTLY PROHIBITED.

Termination

NCS or you may terminate this agreement at any time.  You may terminate this agreement by destroying all materials obtained from the NCS Site and all related documentation and all copies and installations.  NCS may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these Terms of Use.  Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations.  You may not access this site after termination of this agreement without the written approval of NCS, provided, however, that NCS shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.

Jurisdiction

Any dispute or claim relating or arising from the NCS Site, its Content and these Terms of Use (including non-contractual disputes or claims), will be governed by the laws of the State of New York, without regard to its conflict of laws provisions.  You agree that any dispute or action at law or in equity arising out of or relating to the Terms of Use, NCS Site or its Content, the parties consent to personal jurisdiction in, and the exclusive venue of, the courts in the Southern District of New York, although NCS retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating any action.  Additionally, you agree any claim or action must be brought within one year.

General

The Terms of Use constitute the entire legal agreement between you and NCS and govern your use of the NCS Site, its Content, and services (excluding any products and services provided under separate written agreements), and replace, in their entirety, any prior terms of use or agreements between you and NCS concerning the NCS Site, its Contents and services.  If any term or provision of these Terms of Use are unlawful, void, or for any reason unenforceable, then that term or provision will be deemed severable from the Terms of Use and will not affect the validity or enforceability of any remaining provisions.

Notices concerning these Terms of Use should be directed to:

Nielsen Catalina Solutions
500 Fifth Avenue, 56th Floor
New York NY 10110
Attn: Privacy Officer
privacy.ncs@ncsolutions.com

© 2018 Nielsen Catalina Solutions. All rights reserved.