PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
The National Consumer Panel, LLC, including its members, subsidiaries and affiliates (“NCP”), requires that all visitors to this web Site (“the Site”) adhere to the following terms of service. NCP is a joint venture between its two members – the two leading consumer insights providers in the United States – IRi and Nielsen. NCP provides the highest quality, actionable consumer data to support the needs of both IRi and Nielsen. By accessing and using this Site, you indicate your acknowledgment and acceptance of these terms of service. If you do not agree with these terms of service, you should not use this Site.
RESTRICTIONS ON USE
This web Site is intended for the exclusive use of NCP Panel members, and all information and functionality of this Site is intended for their use alone. All the Materials, graphics, sounds and other components on this Site (the “Materials”) are copyrighted by NCP unless otherwise noted. Any unauthorized use of Materials on this Site may violate copyright, trademark and other laws and intellectual property rights of NCP. Materials from this Site may not be copied or distributed, or republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of NCP. The Materials on this Site are provided for the use of NCP Panelists only. If you download software from this site, the software, including all files and images contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by NCP for the purposes and under the conditions set forth in connection with the Software. Neither title nor intellectual property rights are transferred to you, but remain with NCP, which, as between NCP and you, owns full and complete title and all copyright rights in the Software. If the downloaded Software constitutes a maintenance patch, fix, upgrade, add-on or other addition or modification to Software already licensed to you by NCP, the terms of the license for the downloaded Software shall be the same as those of your existing license except to the extent specifically modified by a notice accompanying the downloaded Software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human or machine perceivable form.
U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the materials by the U.S. government constitutes acknowledgment of NCP’s proprietary rights in them.
NCP reserves the right to remove any content contained in or posted to this Site which allegedly infringes another person’s copyright. Notices to NCP regarding any alleged copyright infringement on this Site should be directed to NCP’s Chief Operations Officer, at National Consumer Panel, LLC, 6800 Jericho Turnpike, Suite 102E, Syosset, New York 11791.
RESTRICTION OF LIABILITY
NCP OR ANY OF NCP MEMBERS AND AFFILATES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY MATERIALS OR SOFTWARE ON THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. EACH OF THE MEMBERS OF NCP, BEING NIELSEN AND IRI, WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON OR SOFTWARE AVAILABLE THROUGH THIS SITE, EVEN IF THERE IS NEGLIGENCE OR EVEN IF NCP OR AN AUTHORIZED NCP 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. NCP OR NCP’s MEMBERS AND AFFILIATES’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.
Except as otherwise described, all Materials in this Site are made available only to provide information about NCP and its services, to conduct NCP Panel business, and to conduct panels, studies, or surveys. NCP controls and operates this Panel Site and advises that the Materials on this Site are not appropriate or available for use in any other location. Other NCP or NCP member Sites may be controlled and operated outside of the United States of America and may be subject to the laws of the country in which they are controlled and operated. If you use any other NCP member Site or use this Site from a location other than the location where the Site is controlled and operated, you are responsible for compliance with any applicable local laws. Some Software on NCP or NCP member Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to entities on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you view, download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
The materials in this Site could include technical inaccuracies or typographical errors. Also, NCP may make changes or improvements to this Site at any time. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. NCP DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH OF THE MEMBERS OF NCP, BEING NIELSEN AND IRI, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NCP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NCP MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THIS SITE. YOU (AND NOT NCP) 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.
CP or you may terminate this agreement at any time. This agreement shall automatically terminate in the event you cease to be a member of the NCP Panel. You may also terminate this agreement by destroying all materials obtained from this Site and all related documentation and all copies and installations. NCP may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. 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 NCP. Provided, however, that NCP 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 Materials and Software shall remain in full force.
This Site includes links to other sites which are not maintained by NCP. NCP is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites. The inclusion of any link to such sites does not imply endorsement by NCP of the sites or any products or services referred to therein. NCP may terminate a link at any time. The terms of service and privacy policies applicable to such sites may be different from those applicable to this Site. If you decide to access any third party site linked to this Site, you do so entirely at your own risk and neither NCP nor NCP’s members and affiliates shall have no liability for any loss or damage arising from your use of any such site.
LINKING AND LOGO POLICY
These Terms of Service will be governed and be interpreted pursuant to the laws of the State of Delaware and the United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Service is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this Site. NCP can revise these Terms of Service at any time by updating this posting.
TRADEMARK AND SERVICE MARK INFORMATION
The trademarks, logos, characters and service marks (collectively “Trademarks”) displayed on this website belong to NCP or NCP’s members, subsidiaries and/or affiliates. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that NCP, NCP members and affiliates will aggressively enforce its intellectual property rights to the fullest extent of the law.
Unless otherwise noted, copyright in all text, graphics, and materials on this Site and in any survey, poll, study, newsletter, or other materials available through this Site is owned by NCP
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