Terms of Use

Welcome to the NCM Web site (the "Site")! NCM provides this Site to you, the user, subject to compliance with these terms and conditions. By accessing, browsing, or using the NCM Site, you acknowledge your acceptance of all such terms and conditions, without limitation or qualification. NCM has other general legal policies, including, as applicable, a Privacy Policy which you may review. The Privacy Policy is part of and subject to these Terms of Use, which shall include the Privacy Policy (collectively, the "Agreement").

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (see Sections 10 and 11) AND AN EXCLUSIVE REMEDY (see Section 11). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

Modification of the Agreement

NCM may update or modify this Agreement at any time. Modified or updated versions of this Agreement may be posted on this Site. Your continued use of this Site after posting of updated terms constitutes your acceptance of and agreement to such changes.

Conduct

You shall not use the NCM Site in any way that is unlawful, or that harms NCM or any NCM customer. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using and enjoying the NCM Site or any NCM property, or use the NCM Site or any of NCM's services to:

Engage in or encourage conduct that would constitute fraud or any other criminal offense or give rise to civil liability;
Distribute, post, or transmit in any manner any unlawful, threatening, libelous, defamatory, vulgar, obscene, pornographic, profane, or otherwise illegal, harmful, or objectionable material of any kind;
Spoof or otherwise impersonate any individual or entity, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail or other posting;
Violate or attempt to violate the security of the Site or any NCM services;
Upload any content that contains a software virus, worm, “Trojan Horse,” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person who accesses or uses the Site;
Post any material or otherwise use the Site to infringe or violate the intellectual property rights of others in any way;
Make any attempt to penetrate, modify, or manipulate the Site of any of NCM’s hardware or software in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any NCM customer or user, or modify, erase, or damage any information contained on the computer of any user connected to the Site or any of NCM's services;
Upload, post, e-mail, or otherwise transmit any materials that you do not have a right to transmit under any law or contract with another party;
Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
Alter, damage, or delete any content posted on the Site;
Collect or store personal information about others;
Hack into or otherwise access (or attempt to access) without authorization any other service, system, account, or other property; or
Assist, enable, or permit any persons in engaging in any of the activities described above.

Copyrights

All content included on this NCM Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of NCM or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of NCM and protected by U.S. and international copyright laws. All software used on this Site is the property of NCM or its licensors and protected by United States and international copyright laws. You agree to abide by all copyright notices.

You understand and agree that you are only authorized to visit, view, and retain a single copy of pages of the NCM Site solely for your own individual, non-commercial use, and that you will not duplicate, download, publish, modify, or otherwise distribute any material on the Site for any purpose other than for your own individual, non-commercial use unless otherwise specifically authorized by NCM. We post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.

Trademarks

Trademarks owned by NCM, the NCM logo, and all other trademarks, service marks, and trade names of NCM appearing on this Site are owned by NCM or its licensor(s). NCM’s trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not NCM’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits NCM. All other trademarks, product or service names, brand names, company names, and/or logos that may appear on this Site are the property of their respective owners.

Termination of Use

We reserve the rights to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any NCM services. We may, in our sole discretion, terminate or suspend your access and use of this Site without notice and for any reason, including for violation of this Agreement or for other conduct which we, in our sole discretion, believe is unlawful or harmful to others. In the event of termination, you are no longer authorized to access the site, and we will use whatever means possible to enforce this termination.

Policy on Spamming

You specifically agree that you will not utilize e-mail addresses obtained through use of the NCM Site to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day, nor 20 or more e-mails in a single week (consecutive 7-day period), unless it is required for legitimate business purposes. NCM, in its sole and exclusive discretion, will determine violations of the limitations on e-mail usage set forth in this Agreement.

Information You Submit

We use the e-mail address and other information you submit to us at our Contact page, and other pages we may add from time to time, to respond to your inquiries for information or requests for services. You understand that NCM has no obligation to monitor the NCM Site. Nonetheless, NCM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request or avoid liability.

When you fill out forms online and use some areas of our Site, you agree to provide NCM current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If we suspect that such information is untrue, inaccurate, not current or incomplete, we may refuse you access to our services, and pursue any appropriate legal remedies.

We take no responsibility and assume no liability for any content posted by any third party.

Warranty Disclaimer

YOU ACCESS AND USE THE NCM SITE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS “ AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INTELLECTUAL CONTENT, OR SYSTEM INTEGRATION. NCM DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE, OR RELIABLE. NCM DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED OR ANY RESULT TO BE OBTAINED FROM USING THE SITE. IN ADDITION, NCM DOES NOT WARRANT THAT INFORMATION RESOURCES AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NCM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE NCM SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NCM FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE NCM SITE, ANY NCM SERVICES, OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

Indemnity of NCM

You agree to indemnify and hold NCM harmless, and, at NCM’s request, to defend NCM from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site, (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you of any intellectual property or other rights of any other person or entity; or (iv) any other activities of yours accomplished using the NCM Site. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. NCM reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter subject to this indemnity without the written consent of NCM.

Applicable Laws

This Site is controlled by NCM from its offices within California, and the substantive laws of California will govern these disclaimers, terms, and conditions, without regard to any conflict of laws provisions. NCM makes no representation that materials in the NCM Site or the NCM services are appropriate or available for use in other locations or territories where their content or use is illegal or prohibited. Users accessing this NCM Site from other locations are responsible for compliance with applicable local laws.

General

No delay or failure to take action under such terms and conditions will constitute a waiver by NCM unless expressly waived in writing by a duly authorized officer of NCM.

BY USING OR ACCESSING THE NCM WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.