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Terms and Conditions of Use This website is provided by NEW ENGLAND DATA SERVICES (“NEDS”) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.
Limited License Subject to the terms and conditions set forth in this agreement, NEDS grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way. NEDS authorizes you to view and download the information at this website only for your personal, non-commercial use. Your use of this website is further subject to the terms of the Copyright and Trademark Notice on this website.
Disclaimer THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NEDS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE SUITABILITY OF THE INFORMATION ON THE WEBSITE OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. NEDS RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. NEDS MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. THIS SITE, ACCESS TO AND THE USE OF THE SITE, AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEDS does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website is free of viruses or other harmful components. NEDS does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not NEDS) assume the entire cost of all necessary maintenance, repair, or correction.
Information Provided By You Any personally identifiable information you may provide to NEDS via this website is protected by the Privacy Policy on this website.
Limitations of Damages IN NO EVENT SHALL NEDS OR ANY OF ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS EMPLOYEES OR AGENTS BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT (INCLUDING ANY ERRORS OR OMISSIONS), MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF NEDS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with any material, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this website. You agree to defend, indemnify and hold harmless NEDS and its officers, directors, employees, agents, as well as its contractors, partners and content providers from and against all claims and expenses, including attorneys' fees, arising in anyway out of your use of this website or materials on the site.
Changes NEDS reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time. Changes in these terms and conditions will be effective when notice of such change is posted. Your continued use of the website after any changes to these terms and conditions are posted will be considered acceptance of those changes. NEDS may terminate, change, suspend or discontinue any aspect of the NEDS website, including the availability of any features of the website, at any time. NEDS may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability. NEDS may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials.
International Users and Choice of Law This website is controlled, operated and administered by NEDS from its offices within the United States of America. NEDS makes no representation that materials at this website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the website or export the materials in violation of U.S. export laws and regulations. If you access this website from a location outside of the United States, you are responsible for compliance with all local laws. These terms and conditions of use shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. These terms and conditions constitute the entire agreement between NEDS and you with respect to your access and use of our website. Any cause of action you may have with respect to your use of the website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect. In addition, it may be the case that certain users of the site choose to exchange information about themselves to each other, or to one or more groups from time to time. In such events, each party is responsible to the each of the other(s) to the extent one or more of such parties participate(s) in any such exchange(s), and NEDS is responsible to none of such participating and/or sharing parties in any regard with respect thereto.
Effective Date These Terms and Conditions of Use are effective November 20, 2008
Copyright and Trademark Notice
The NEDS website is an online information service provided by NEDS. Although the information is available to anyone, NEDS retains copyrights on all text and graphic images. Therefore, you may not (1) distribute any of the contents (text or graphics) of this site without the express written permission of NEDS; (2) include the information on your own server or in your own documents or take actions intended to cause such information to be copied or posted on any network computer or broadcast in any form; or (3) modify or re-use the text or graphics located on the NEDS Website. You may print copies of the information for your own personal use or store files on your own computer for your personal use only. Trademarks The terms “New England Data Services” and “NEDS” are trademarks of NEDS. The names of other companies and products mentioned herein may be the trademarks of their respective owners. Links to Third-party Sites Some of the links in this area allow you to leave the NEDS website. Linked sites are not under the control of NEDS and NEDS does not endorse and is not responsible for the contents of any linked site. The links are provided for convenience only
Effective Date This Copyright and Trademark Notice is effective November 20, 2008.
Privacy Policy NEDS respects the privacy of every individual who visits this website, provides personal information to us via interactive features of this website, or sends e-mails to NEDS via this website. This privacy policy outlines the information NEDS will collect via this website and how NEDS will use that information. This statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit this website or send us e-mails via this website. This privacy statement does not cover our use of information collected through any other means.
Collection and Use of Personally Identifiable Information
Personally Identifiable Information We Collect The information NEDS obtains from you is generally necessary or useful for NEDS to provide the services or information you have requested and to design new services for your future use, and is provided directly by you in response to NEDS’ request for the information. In connection with the services NEDS provides, NEDS may ask you to provide your name, physical address, zip code, phone number, e-mail address, and services received or requested. Your submission of such information on-line is deemed your consent to NEDS’ use of the information as contemplated in this privacy policy.
How We Use the Information Generally, NEDS uses the information, and other information NEDS may have about you, to provide the services or information you have requested, to personalize your experience on this website, to provide customer support, to improve this website, to enforce NEDS’ agreements and policies, to resolve disputes, to improve our marketing and promotional efforts, and to design new services for your future use. NEDS may also use the information to notify you about new services or offers NEDS have available, or news about NEDS. NEDS may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) may be transferred to the third party.
When We Share the Information NEDS shares information within our organization to enable us to better understand our customers' product and service needs, and to learn how to best design, develop, and package products and services to meet those needs.
NEDS does not sell, rent or lease its customer lists to unaffiliated third parties for their marketing purposes without your consent. NEDS occasionally hires other companies to provide services on its behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.
NEDS may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on NEDS or the site; (b) protect and defend the rights or property of NEDS; (c) act in urgent circumstances to protect the personal safety of users of our services or members of the public, (d) to respond to legal requests, or (e) in connection with the sale of substantially all or our assets to which this website relates.
While we use commercially reasonable efforts to ensure that our use and disclosure of your personally identifiable information as described in our privacy statement, we cannot ensure that your communications with us will never be disclosed in ways not otherwise described in this privacy statement.
Other Information We Collect Some information may automatically be collected as you browse our site. Our web server automatically collects information such as the domain name of the service providing you with Internet access, the Internet protocol (IP) address used to connect your computer to the Internet, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics. We also may use cookies on our site. A cookie is a small data file that websites commonly write to the site visitor's hard drive when a site is visited. A cookie file contains information that can identify a return visitor each time he or she visits our site. The data is encrypted for added security. NEDS' website may use cookies as a way to measure activity and traffic patterns on the site in order to continually improve the visitor's experience. A browser can be set to warn the users before accepting cookies. Users can choose to refuse cookies by turning them off in the browser. Users do not need to have cookies turned on to visit our website.
Your Choices We do not collect personally identifiable information about you on this site without your knowledge, and all such information is collected directly from you. You are not required to provide us with this information, but if you choose not to, you may not be able to participate in some of the activities on this site. We use the information we collect from you to allow you to participate in the site activities for which the information is collected. For example, when you give us your e-mail address in order to receive newsletters, product information and special promotions, your e-mail address will be added to our marketing database. NEDS will only send e-mails to visitors that request NEDS send them this information. NEDS will not send commercial solicitations via e-mail to customers who request it not be sent to them. On each e-mail you receive, you are given the opportunity to unsubscribe. Once you unsubscribe, you will no longer receive such e-mails.
Transfers of Information Because NEDS operates from its headquarters in Waltham, Massachusetts in the United States of America and because its web servers which host its web site may be located at numerous locations inside and outside the United States, it is possible that personal information about visitors may be transferred from one state or country to another. In particular, your personally identifiable information will likely be processed by us in the U.S. or Canada, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union, and are considered inadequate by the European Union. By providing us with your information, you consent to any such transfer of information outside of your state or country. In addition, it may be the case that certain users of the site choose to exchange information about themselves to each other, or to one or more groups from time to time. In such events, each party is responsible to the each of the other(s) to the extent one or more of such parties participate(s) in any such exchange(s), and NEDS is responsible to none of such participating and/or sharing parties in any regard with respect thereto.
Access and Review If you have questions regarding your personally identifiable information that we have collected via this website, or which to change or delete such data from our active databases, please contact us at
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. You agree to defend, indemnify and hold harmless NEDS and its officers, directors, employees, agents, as well as its contractors, partners and content providers from and against all claims and expenses, including attorneys' fees, arising in anyway out of your use of this website or materials on the site.
Security NEDS has databases and systems that are maintained in accordance with industry standards to reasonably secure all of NEDS’ commercial information, including information about customers. However, you should be aware that absolute security does not exist on the Internet, and that no security measures are perfect or impenetrable.
Changes to Policy If NEDS decides to change its privacy policies and practices, NEDS will post those changes to our Privacy Policy on our web site in advance of the changes taking effect or otherwise as soon as practicable, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner materially different from that stated at the time it was collected, we will use commercially reasonable efforts to notify users. Users will have a choice as to whether or not we use their information in this different manner from that point forward. We will continue to be able to use information in accordance with the Privacy Policy under which the information was collected or, if you have given consent, under the modified Privacy Policy.
Contacting Us If you would like to contact us for any reason regarding our privacy practices, please write or e-mail us at the following address:
Rob Phillips, Chief Executive Officer New England Data Services 305 Winter Street Waltham, MA 02454 or
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Effective Date
This Privacy Policy is effective November 20, 2008.
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