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AboutTheData Terms of Use

1.Introduction

Please read the following information carefully before using Acxiom Corporation's AboutTheData website (the "Site"). By accessing or using this Site, you are indicating that you have read and agree with the Terms of Use described below and that you will follow all laws, rules and regulations applicable to the use of this Site. If you do not agree with these Terms of Use, please do not use this Site. By accessing or using this Site and the associated services, you agree to be bound by these Terms of Use.

Acxiom Corporation ("Acxiom") reserves the right, in its sole discretion, to change these Terms of Use at any time, and by continuing to use the Site after we post a change, you will be deemed to have accepted the new Terms of Use. Please check this page each time you visit this Site for the most current information so you will remain aware of any such changes, modifications, additions or deletions to the Terms of Use stated herein.

If you are not comfortable using this Site, you can opt-out of Acxiom's marketing data products by clicking here.

2.Access to AboutTheData

Access to and use of the Site requires that you create an account with an individual user name and password. In order for Acxiom to help authenticate that account creation and that Site access is being performed by you and not an automated system, you must submit a valid email address during registration. Only one authorization email address is permitted per account. Upon submittal, Acxiom will send an email to the address you provide containing a link back to the Site. You must click the link and log in to finalize and activate your account. You can manage your account settings by logging in at any time following activation.

Upon validation and successful account registration, Acxiom grants you a nontransferable, nonexclusive license to access this Site and the information contained therein, for the purpose of learning more about Acxiom's digital marketing services and to view data used by Acxiom for such digital marketing. In addition, you may edit this digital marketing data and you further certify that any information you provide is accurate and complete. Alternatively, you may also opt out of Acxiom's digital and offline marketing data.

3.General Restrictions

You agree to use this Site only for appropriate, legal purposes, and in compliance with all applicable federal, state and local laws and regulations. Additionally, you agree that this Site may not be used to bother, stalk, harass, threaten or embarrass any individual. You may not use this Site in any attempt to look up or alter the information of other persons or to locate individuals under the age of 18.

4.International Use

Unless otherwise specified, the materials on this Site are intended for use by U.S. residents only. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations, including laws about the Internet, data, email, export and privacy. You specifically agree to comply with all applicable laws, rules and regulations regarding the transmission of technical data exported from the United States and the country in which you reside.

5.Privacy / Security

Since it affects your use of this Site, please review this Site's Privacy Policy to understand our practices and policies with respect to the privacy of personally identifiable information and other information. By using our Site, you agree that we may use and share your personally identifiable information in accordance with the terms of this Site's Privacy Policy. In addition, please review our Security Information included in this Site's privacy policy to understand our security practices.

6.Disclaimer of Warranties

The data accessed via the Site has been primarily collected for marketing purposes and should not be assumed to be completely accurate or complete. Because much of the data contained herein is provided to us by others, we do not control the accuracy, comprehensiveness, timeliness or completeness of such information. Further, the information and services available on this Site may include technical inaccuracies or typographical errors. As such, the information offered by Acxiom and others through this Site is provided "as is" and without any express or implied warranty or representation of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.Trademark Rights / Intellectual Property

The trademarks, service marks and logos (the "Trademarks") used in this Site are registered and unregistered Trademarks. The Trademarks belong to Acxiom and/or their respective owners. The Trademark owner has exclusive rights to the Trademarks. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the written permission of Trademark owner.

8.Copyright Notice

Copyright © 2013 Acxiom Corporation. All Rights Reserved. Except as otherwise provided or indicated, Acxiom owns all content contained in this Site, including computer code and the information, materials, text, graphics, Site design, and the selection, assembly and arrangement of those items ("Content"). The Content is protected by copyright laws of the U.S. and other countries, and you may not use it for any commercial purpose or copy, distribute, display, modify, reproduce, perform, publish, post, or reverse engineer any Content, in whole or in part, without our prior written permission.

9.Links to other Websites

For purposes of convenience, this Site may contain links to third party websites. We make no representations or warranties about any third party website that you may access through the links. By providing a link to those websites, we do not endorse, adopt, or otherwise accept any responsibility for the content or use of those websites.

10.Limitation of Liability

Acxiom will not be liable for any damages you may suffer as a result of your use of the Site.

11.Indemnification

You agree to indemnify, defend and hold harmless Acxiom and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers, and any third party providers of information or services to the Site, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these Terms of Use or your violation of the intellectual property rights of Acxiom or any of those other parties.

12.FCRA Restrictions

Acxiom is not a consumer reporting agency as defined in the Fair Credit Reporting Act ("FCRA"), and the information in this Site has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. Further, please note that Acxiom is not a credit repair organization or similarly regulated organization governed by the federal Credit Repair Organizations Act or similar state laws. Acxiom does not provide so-called "credit repair" services or advice or give advice or assistance regarding "cleaning up" or "improving" your credit record, credit history, or credit rating.

13.Waivers / Arbitration

In any legal proceeding relating to your use of this Site, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. In other words, you agree that you are not allowed to file a class action or any kind of class or joint arbitration.

Any claim or dispute that arises under or relates to your use of this Site shall be referred by the aggrieved party to binding arbitration under the Commercial Rules of the American Arbitration Association ("AAA"). The only exception would be if you have violated or threatened to violate the intellectual property rights of Acxiom or any third party, in which case Acxiom or that third party may go to court to seek an injunction or other appropriate relief. Unless a different procedure is required by applicable law, the arbitration will be conducted before a single arbitrator in accordance with the rules of the AAA, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Unless a different result is required by applicable law, no claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party is responsible for its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding.

OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF THAT PARTY WENT TO COURT, INCLUDING THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. IF ANY COURT WERE TO FIND THAT THE ARBITRATION CLAUSE WERE UNENFORCEABLE OR INVALID FOR ANY REASON, IT WILL BE SEVERED FROM THESE TERMS OF USE AND YOU AGREE TO PURSUE YOUR CLAIM EXCLUSIVELY IN A STATE OR FEDERAL COURT IN WILMINGTON, DELAWARE, AND AGREE THAT A JUDGE RATHER THAN A JURY IS TO ADJUDICATE YOUR CLAIM.

Subject to these Terms of Use, including Section 10 above, the arbitrator is authorized to award either party any money damages or any provisional or equitable remedy permitted by applicable law. Any arbitration award may be enforced by the prevailing party in any court having jurisdiction. Each party consents to the non-exclusive jurisdiction of the courts of the State of Delaware or to any Federal Court located within the State of Delaware for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrator, for temporary, interim, or provisional equitable remedies.

You agree that, even if a statute of limitations or other law provides for a longer period of time, any action against Acxiom, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information, products, or services relating to this Site or any information or services available on or from this Site must be brought within one year after the event that gave rise to the cause of action or it is forever barred.

14.Applicable Laws

The laws of the state of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

15.Other Terms

Failure by either of us to insist on the strict performance of any of the terms and conditions of these Terms of Use in one or more cases shall not be considered a waiver or relinquishment for the future of any such term or condition or of any other term or condition. The descriptive headings of the sections of these Terms of Use are for convenience only and do not constitute a part of this agreement. The words "include", "includes", and "including", when following a general statement or term, are not to be construed as limiting the general statement or term to any specific item or matter set forth or to similar items or matters, but rather as permitting the general statement or term to refer also to all other items or matters that could reasonably fall within its scope. Where appropriate, the plural includes the singular and the singular includes the plural. These Terms of Use constitute our entire agreement, and any additional or different terms or conditions set forth in any other document shall be of no effect.

16.Survival of Terms

The terms of sections 6, 10, 11 and 13 shall survive any termination of these Terms of Use.

Last Updated March 8, 2014

 
About The Data