Terms of Service

This system is restricted solely to Business Decision Data Service, Inc. authorized users for legitimate business purposes only. The actual or attempted unauthorized access, use, or modification of this system is strictly prohibited by Business Decision Data Service, Inc. Unauthorized users are subject to Company disciplinary proceedings and/or criminal and civil penalties under state, federal, or other applicable domestic and foreign laws. The use of this system may be monitored and recorded for administrative and security reasons. Anyone accessing this system expressly consents to such monitoring and is advised that if monitoring reveals possible evidence of criminal activity, Business Decision Data Service, Inc may provide the evidence of such activity to law enforcement officials.

  1. Use of BDSA Data; Tools. BDSA grants to NCIA member Company a non-exclusive, nontransferable and non-sublicensable right to access and use the Service for the number of authorized users, solely for NCIA Member Company’s own internal business purposes during the term of their membership with NCIA.
  2. Term of Service; Termination. BDSA may terminate access immediately upon notice to NCIA Member Company if NCIA Member Company breaches these Terms and Conditions. Upon termination service, NCIA Member Company will cease using the Service and return any Service materials or BDSA Confidential Information to BDSA, and Sections 3 through 6 will survive such termination. Upon termination (except for NCIA Member Company’s uncured material breach) or expiration of this Agreement, NCIA Member Company may continue to use any data or reports generated by the Service prior to termination, so long as NCIA Member Company may not distribute such data to third parties and NCIA Member Company shall use the data and reports for its internal business purposes only in accordance with these terms and conditions. BDSA may suspend access to the Service at any time in its discretion if it reasonably believes that NCIA Member Company is violating the terms and conditions or applicable law, or there is otherwise a risk of imminent harm to the Service
  3. Ownership Retained. The Service, underlying software and documentation, reports, data, information and all worldwide intellectual property rights therein associated with the Service (the “BDSA IP”), are the exclusive property of BDSA and its licensors. All rights in and to the Service are reserved by BDSA and its licensors. NCIA Member Company is responsible for all activities that occur under NCIA Member Company’s user accounts and will limit access to and use of the Service to authorized users. NCIA Member Company will use the Service and BDSA IP in accordance with applicable law. NCIA Member Company will not, and will not permit any User to (a) modify, adapt, alter, translate, or create derivative works from the Service or BDSA IP; (b) sublicense, lease, rent, loan, sell, distribute, make available or otherwise transfer the Service or BDSA IP to any third party, (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the BDSA IP; (d) interfere in any manner with the operation of the Service; (e) remove, alter, or obscure any proprietary notices (including copyright notices) of BDSA or its licensors contained within the documentation or displayed in connection with the Service or (f) otherwise use the Service or the BDSA IP except as expressly allowed under this Agreement. In no event may BDSA IP be (x) voluntarily disclosed in any legal, arbitration, regulatory or governmental proceeding or filing, or (y) publicly disseminated, for example in press releases, in or to the media, on the Internet, in advertisements or on product packaging, without the prior written consent or authorization of BDSA. Under no circumstances may NCIA Member Company disclose or use BDS IP in competition with BDSA or with a competitor of BDSA.
  4. Confidential Information. NCIA Member Company acknowledges that BDSA expends substantial time, effort and money to develop, enhance and maintain the Services and the BDS IP, and that all services of BDSA, whether acquired directly or indirectly by NCIA Member Company, constitute the Confidential Information of BDSA. Confidential Information,” as used herein, shall mean all proprietary or confidential information related to a party’s business, financial affairs or operations, including but not limited to information related to business plans, technology, source code, product or service development plans, pricing, techniques and methods. Confidential Information of BDSA will also include the terms of all Service Agreements as well as any information regarding NCIA Member Company’s use of the Services. Each party receiving Confidential Information (“Recipient”) will maintain such information as strictly confidential, and will not disclose such Confidential Information to any third party, or use such Confidential Information for any purpose not expressly permitted under a Service Agreement. The confidentiality obligations set forth in this paragraph will not apply to information that the Recipient can document is generally and lawfully available to the public or was already lawfully in the Recipient’s possession at the time of receipt of the information from the disclosing party (“Disclosing Party”). The Disclosing Party will have the right to equitable relief, without the obligation to post bond, in the event of any breach by the Recipient of this paragraph.
  5. DATA DISCLOSURE REQUIREMENTS FOR PERMITTED EXTERNAL USE OF BDSA DATA. The BDSA name and any of the names BDSA uses to describe its service, software or database may not be used in any paid advertising or in support of a product, service or point of view without review and prior written approval of BDSA. BDSA must review and approve in its sole discretion all press releases and other documents prepared to assist in the public dissemination of all survey and research data.