Terms & Conditions

NMS Data, Inc. dba Neilson Marketing Services (“Neilson Marketing Services” or “NMS”) offers this Agency Tsunami Website, including all information, software, products, and services available from this Web site or offered as part of or in connection with this Agency Tsunami Website (collectively the “Website”), to you, the user or viewer of this Website, conditioned upon your acceptance of these Website Terms and Conditions (“Terms and Conditions”).  NMS reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this or a similar location.  Your continued use of the Website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by NMS.

1. No Warranties or Guarantees. Use the Website at your own risk. This Website is provided to you “as is,” without warranty of any kind either express or implied. Neither NMS nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of NMS. NMS  reserves the right to change or discontinue at any time any aspect or feature of the Website. Further, neither NMS nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and NMS expressly excludes liability for any such inaccuracies or errors.
2. Exclusion of Liability. To the fullest extent permissible by law, NMS will not be liable for any damages of any kind arising from the use of this Website, or from any information, content, materials, products, or other services included on this Website or otherwise made available to you, including but not limited to direct, indirect, incidental, punitive, and/or consequential damages. The content of the pages of this Website is for your general information and use only, and is subject to change without notice.
3. Indemnification. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. You agree to indemnify, defend, and hold harmless NMS and its officers, directors, employees, agents, licensors, and affiliated entities from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account.
4. Intellectual Property; Access Issues. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
   1. 4.1.  Trademarks.  All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.  Unauthorized use of this website, and/or use in violation of these Terms and Conditions, may give rise to a claim for damages and/or be a criminal offense.
   2. 4.2.  Copyright.  Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, ActiveX controls and other code) is protected by all appropriate protections, including but not limited to United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner.
   3. 4.3  No Reverse Engineering or Other Misuse.  None of the material contained on Neilson Marketing Services website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Neilson Marketing Services. Violation of this provision may result in severe civil and criminal penalties.
   4. 4.4  License and Access.  Subject to your compliance with these Terms and Conditions, and any other applicable terms, and your payment of any applicable fees, Neilson Marketing Services or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website. This license does not include any resale or commercial use of the Website or its contents, or any Neilson Marketing Services information; any collection and use of any listings, descriptions, or prices; any derivative use of anything relating to the Website; any downloading, copying, or other use of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction, except for usage by search engines to facilitate visibility of the Website. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Neilson Marketing Services or its licensors, suppliers, publishers, rightsholders, or other content providers. This limited license shall terminate immediately if you do not comply with these Terms and Conditions.

5. Arbitration. Any dispute, claim, or controversy arising out of or relating in any way to these Terms and Conditions or to your use of the Website will be resolved by binding arbitration in Orange County, California before an arbitrator, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. There is no judge or jury in arbitration, and court review of an arbitration award is limited.  You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.  If for any reason a claim proceeds in court rather than in arbitration, you and we each waive a right to a jury trial.  This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

6. Applicable Law. By using this Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us.  To the extent any dispute, claim, or controversy proceeds in court rather than arbitration, it shall proceed in the federal or state courts of Orange County, California. You waive any objection you may have to jurisdiction and venue in such courts.

7. Severability. If anything in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforcement of any remaining condition.