Terms And Conditions
This website (the “Site”) is provided by National Cable & Telecommunications Association (“NCTA”). The Terms and Conditions apply solely to the Site and not to any other service or deliverable provided by NCTA, its member companies or any other party.
AUTHORIZED USE OF THIS SITE: You may use this Site for your own personal use. In addition, you may download certain data that NCTA specifically designates for your use (“Data”). Subject to the terms herein, NCTA hereby grants you a limited, nonexclusive, nontransferable, nonsublicensable license to use this Site and Data, solely for your own use.
When using the Data:
- You must always credit NCTA as the source of the Data.
- You may not resell access to or use of the Data to any third party.
- You may not use the Data in any revenue generating commercial venture.
- You may not manipulate, modify or misrepresent the Data and its results.
- You must cease any use of the Data, and delete any Data, upon written request from NCTA.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute Data or information available on the Site. Further, you may not use any such automated means to manipulate the Site or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions. NCTA may also impose limits on certain features and services and/or restrict your access to parts or all of the Site without notice or liability of any kind.
MODIFICATIONS TO SITE: We reserve the right at any time to modify or discontinue, temporarily or permanently, this Site, the Data (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.
COPYRIGHTS/RESTRICTIONS ON USE OF DATA: All information, written materials, images, audio, video, Data and all other materials and information on this Site is the intellectual property of NCTA, its clients or licensors. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials or information without the prior written consent of the owner of such materials or information. All rights not granted under these Terms and Conditions are reserved by NCTA.
TERMINATION: In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Site, at any time with or without notice and with or without cause.
DISCLAIMER: YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WE MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF THE INFORMATION OR DATA OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS SITE, ITS DATA, AND THE SERVERS ON WHICH THE SITE AND DATA ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR DATA SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY: IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NON-WAIVER: Our failure to exercise or enforce any right or provision of hereunder shall not constitute a waiver of such right or provision. If any provision hereunder is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
INDEMNITY: You agree to indemnify, and hold NCTA and its member companies and each of their directors, officer, employees and agents (“NCTA Indemnities”) harmless from and against any and all claims, actions or demands brought against NCTA Indemnities arising out of or relating to your use of the Site, the Data or your breach of these Terms and Conditions. The indemnification set forth in this paragraph shall include all expenses and costs (including reasonable attorney’s fees) resulting from or arising out of the above claims.
MISCELLANEOUS: These terms will be governed by and construed under the laws of the District of Columbia without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the local or federal courts of the District of Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these Terms and Conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between you and us relating to the subject matter it contains. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions.
Contact Information. Should you have any questions you may contact us at: [email protected].