Terms Of Use
1. You Agree to These Terms by Using this Website
Welcome to nielsenbainbridgegroup.com (the “Website”). Your access to, and use of, the Website is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Website, you accept, without limitation or qualification, these Terms of Use, as they may be amended or supplemented from time to time. If you do not agree and accept, without limitation or qualification, these Terms of Use, please immediately discontinue your use of the Website.
2. Privacy
Nielsen & Bainbridge, LLC and its affiliates (collectively, “NBG”) take the issue of privacy on the Internet very seriously. To view NBG’s Privacy Policy, click here.
3. Ownership of Content
The Website and all of its contents including, but not limited to, all text and images (“Content”) are owned and copyrighted by NBG or others with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of NBG or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner, is strictly prohibited. You agree not to dispute NBG’s claims of ownership or validity of its rights in the Content on this Website.
4. Your Use of the Website
Subject to your continued compliance with these Terms of Use, NBG grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display this Website and the Content thereon solely for your personal, non-commercial use. This grant of rights is not a transfer of title in the Content. You may not modify the Content in any way or reproduce or publicly display, perform, distribute, or otherwise use the Content for any public or commercial purpose. You also agree not to interrupt or attempt to interrupt the operation of the Website in any way, and you may not copy the Content without NBG’s written permission. NBG may suspend or terminate the rights granted to you in these Terms of Use at any time for any reason.
5. Disclaimer of Warranties
THIS WEBSITE AND ALL OF THE CONTENT ARE SUBJECT TO CHANGE AT ANY TIME AND ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OR PERFORMANCE. NBG DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE FUNCTIONS CONTAINED WITHIN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NBG DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT ON THIS WEBSITE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF ANY KIND IN RELATION THERETO, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR REPRESENTATION THAT THE CONTENT IS COMPLETE, CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR MAY OTHERWISE BE RELIED ON BY YOU FOR ANY PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
6. Exclusion of Liability
YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. NEITHER NBG, NOR ANY OF ITS OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR THE CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY OF THE CONTENT CONTAINED THEREON, OR REFUSE TO ABIDE BY THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, NBG’S LIABILITY TO YOU IN RESPECT OF THE WEBSITE AND/OR CONTENT SHALL BE LIMITED, IN ALL INSTANCES, TO AN AMOUNT NOT TO EXCEED $100. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
7. Indemnification
You agree to indemnify, defend, and hold harmless NBG, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.
8. Links to Third Party Websites
The Website may contain links to websites owned or operated by parties other than NBG. Such links are provided for your convenience only. NBG does not control, and is not responsible for, the content or privacy policies on, or the security of, such websites. Without limiting the foregoing, NBG specifically disclaims any responsibility if such websites:
° infringe any third party’s intellectual property rights;
° are inaccurate, incomplete or misleading;
° are not merchantable or fit for a particular purpose;
° do not provide adequate security;
° contain viruses or other items of a destructive nature; or
° are libelous or defamatory.
9. Export Control
You may not use the Website or use or export the Content in violation of United States export laws and regulations. NBG does not authorize the downloading or exportation of the Content or any software or technical data from this Website to any jurisdiction prohibited by United States export laws and regulations.
10. Revisions to the Terms
NBG may modify, update or replace these Terms of Use at any time without notice to you. The current, active Terms of Use will be posted on the Website. Your continued use of the Website following a modification to these Terms of Use shall constitute your agreement to any and all such modifications.
11. Law and Jurisdiction
NBG makes no representation that the Website or the Content are appropriate or available for use in locations outside of the United States, and access to the Website or Content from territories where they are illegal is prohibited. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use and your use of the Website and Content are governed by the laws of the State of Texas, USA, without regard to its choice of law provisions. The courts of general jurisdiction located within Travis County, Texas, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning in any way these Terms of Use and/or the Website or Content. Any cause of action or claim you may have with respect to the Website or Content must be commenced within one year after the claim or cause of action arises.
12. Additional Terms
NBG’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties, nor any trade practice, shall act to modify any of these Terms of Use. NBG may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
13. Contacting NBG Regarding These Terms of Use
If you have any questions, comments or concerns regarding these Terms of Use, please contact us at:
12201 Technology Blvd. Ste 100
Austin, Tx 78727
1 (800) 231 9974
These Terms of Use were last updated on or about January 1, 2014.
