We value your privacy, and we want to help make your experience with NCM Associates,
Inc. ("NCM") as satisfying and safe as possible. We have established this
Privacy Policy to explain how NCM collects Personal Information of individuals who
visit our Web sites, send us e-mails, or participate in features and services offered
online (collectively, the "NCM Site"), and how NCM uses and discloses
that Personal Information.
"Personal Information," as used herein, is information that allows a person
to directly identify an individual, such as name or email address, and information
that may later be combined with such identifying information. This Privacy Policy
is incorporated into and is subject to the NCM Terms and Conditions of Use. By using
the NCM Site, you expressly consent to the information handling practices described
in this Privacy Policy.
THE NCM SITE
NCM enables registered users ("NCM Members") to join a Twenty Group, allowing
collaboration among non-competing dealers who are willing to discuss, in detail,
each other's business. NCM Members are able to email group members and see all of
the return responses in a secure and confidential forum (the "Listserv").
In its operation of the NCM Site, and its provision of its services to NCM Members,
NCM collects, uses, and retains all information, including Personal Information
and other data that you disclose in your application and to your Twenty Group, as
well as other data that may be collected after your registration. When you sign
up to become a member of a Twenty Group, you are providing Personal Information
to NCM, as well as to other NCM Members in your Twenty Group. NCM's use and disclosure
of Personal Information is described in this Privacy Policy.
COLLECTION OF PERSONAL INFORMATION.
You must submit a Twenty Group application to become an NCM Member and participate
in a Twenty Group. As part of the Twenty Group application, you are required to
provide certain Personal Information, including your name, email address, date of
birth, and other information.
You also may have other opportunities to voluntarily provide Personal Information
to NCM. For example, if you contact us to provide feedback or request support we
collect your email address and other Personal Information that you provide.
The moderator for your Twenty Group may also request additional Personal Information.
Certain Personal Information collected from the moderator may be retained. Other
Personal Information may be passed along by participating in the Twenty Group, such
as during the Twenty Group meetings or by utilizing the Listserv. Please note, however,
that while the general public can not view information provided on the Listserv,
the moderator and other NCM Members in your Twenty Group can view this information.
PASSIVE DATA COLLECTION.
NCM, like other web-based services, automatically collects and stores information
on our server logs from your browser when you use the NCM Site. NCM may use a variety
of methods to collect this information. The information that NCM collects with these
automated methods may include, for example, your IP address, NCM cookie information,
a unique device or user ID, browser type, system type, the content and pages that
you access on the NCM Site, and the "referring URL" (i.e., the page from
which you navigated to the NCM Site).
We also use cookies on the NCM Site to recognize your NCM ID, and to store references
to your NCM ID and session validators on your hard drive.
We use passively-collected information to administer, operate, and improve the NCM
Site and our other services and systems, and to provide services and content that
are tailored to you. If we directly combine any information gathered through passive
means with Personal Information, we treat the combined information as Personal Information
under this Privacy Policy. Otherwise, we use information collected by passive means
in aggregated or other non-personally identifiable forms.
Websites visited before visiting the NCM Site might place Personal Information within
the URL of your browser during a visit to that previous website. NCM may unintentionally
collect that information as part of referring URL information that it collects.
USE OF LISTSERV.
When you post messages to the Listserv or otherwise transmit any content (collectively,
the “Content”), the moderator and other members of your Twenty Group may access
any Personal Information within such Content. We collect and maintain posts, messages,
and other Content that you have posted to the Listserv or transmitted to NCM, as
well as information about that Content and your interaction with it.
Because you may voluntarily disclose Personal Information when you post or otherwise
transmit Content, please be careful with the information that you choose to disclose.
USE OF PERSONAL INFORMATION.
We may use Personal Information to operate, provide, improve, and maintain the NCM
Site; to develop new products and services; to prevent abusive and fraudulent use
of the NCM Site; to send you administrative messages, and information about your
Twenty Group, content, and NCM services in which we believe you may be interested;
and for other administrative and internal business purposes.
DISCLOSURE OF PERSONAL INFORMATION.
NCM is not in the business of renting or selling email addresses and other information,
and does not share Personal Information with third parties except in the limited
circumstances described in this Privacy Policy. Please be aware, however, that any
information that you voluntarily choose to share with your Twenty Group becomes
available and may be collected and used by other members in your Twenty Group, the
moderator, and NCM without restriction.
NCM may provide Personal Information to third parties for their use in performing
internal business functions (e.g., payment processing, maintenance, security, data
analysis, or data hosting) on our behalf.
NCM may share some of all or your Personal Information with its affiliates, in which
case we will seek to require those affiliates to honor this Privacy Policy.
NCM may disclose Personal Information if, in good faith, it is believed that doing
so is required by a subpoena or other judicial or administrative order or otherwise
required by law. Additionally, NCM may disclose Personal Information if, in good
faith, we deem it appropriate or necessary to prevent violation of the NCM Terms
and Conditions of Use, or our other agreements; take precautions against liability;
protect the rights, property, or safety of NCM, any individual, or the general public;
maintain and protect the security and integrity of our services or infrastructure;
protect ourselves and our services from fraudulent, abusive, or unlawful uses; investigate
and defend ourselves against third-party claims or allegations; or assist government
enforcement agencies.
CHANGE OF OWNERSHIP.
In the event of a change in ownership, or a merger with, acquisition by, or sale
of assets to, another entity, we reserve the right to transfer all of your Personal
Information, including email addresses, to that entity.
SECURITY.
We use industry standard security measures to protect against the loss, misuse,
and alteration of Personal Information under our control. Although we make good
faith efforts to maintain the security of such Personal Information, we cannot guarantee
that it will remain free from unauthorized access, use, disclosure, or alteration.
Further, we cannot guarantee that our security measures will prevent unauthorized
persons from illegally accessing or obtaining this information. We do not assume
any liability to third parties whose information you post or transmit in any form.
Please keep your password secure.
If we become aware of a security breach, we may attempt to notify you electronically
so that you can take appropriate protective steps. By using the NCM Site or providing
Personal Information to us, you agree that we can communicate with you electronically
regarding security, privacy, and administrative issues relating to your use of the
NCM Site.
INTERNATIONAL USE.
The NCM Site is hosted in the United States. If you use the NCM Site from any other
region with laws governing data collection and use that may differ from U.S. law,
please note that by providing Personal Information under this Privacy Policy, you
consent to the use of Personal Information in accordance with this Privacy Policy
and the transfer of your Personal Information to the United States.
CHANGES AND UPDATES TO THIS PRIVACY POLICY.
We may occasionally update this Privacy Policy. We encourage you to periodically
review this Privacy Policy to stay informed about our collection, use, and disclosure
of Personal Information on the NCM Site. Your continued use of the NCM Site constitutes
your agreement to this Privacy Policy and any updates.
CONTACTING NCM.
If you have questions about this Privacy Policy, you may contact us at
info@ncm20.com or in writing at NCM Associates, Inc., 10551 Barkley, Suite
200, Overland Park, KS 66212.
LEGAL NOTICES AND TERMS AND CONDITIONS FOR USE
Thank you for visiting www.ncm20.com (the “Site”), provided by NCM Associates, Inc.
(NCM) as a public platform to allow collaboration among non-competing dealers who
are willing to discuss, in detail, each other's business. A secure and confidential
listserv service allows a member to email questions to group members and see all
of the return responses. Please read the following information carefully as it sets
forth the Terms and Conditions of Use to which you agree to be subject. Your use
of the Site shall constitute your acceptance of these Terms and Conditions of Use
and constitute a legally binding agreement between yourself and NCM. You may not
use the Site if you do not consent to be bound by the Terms and Conditions of Use
set forth below.
LIMITED LICENSE.
Subject to the Terms and Conditions of Use set forth herein, and any other policies
provided on the Website, NCM grants to you a non-exclusive, non-transferable, limited
license to access, display, and use the Site and the information thereon, whether
provided by you or others, for your own personal, non-commercial use. In addition,
you grant NCM and users of the Site the nonexclusive right and license to display,
copy, publish, distribute, modify, revise, comment on, incorporate, transmit, print,
and in any other way use such information provided by you and/or other material
provided by you.
LAWS AND REGULATIONS.
Access and use of the Site is subject to all applicable international, federal,
state, and local laws and regulations. You agree not to use the Site in any way
that violates such laws or regulations.
COPYRIGHT AND TRADEMARKS.
The information available on or through the Site, excluding any member contributions,
is the property of NCM, or its licensors, and is protected by copyright, trademark,
and other intellectual property laws. You may not modify, copy, distribute, transmit,
display, publish, sell, license, create derivative works, or otherwise use any information
available on or through the Site for commercial or public purposes absent the express
written permission of NCM, to do so. You agree that you will not post any copyrighted
material without the express permission of the copyright holder, unless such copyright
is owned by you. You may not use the trademarks or logos on this Website for any
purpose including, but not limited to, use as "hot links" or meta tags in other
web pages or websites without the express written permission of NCM, or such third
party that may own the trademark. Certain marks used on the Website are the property
of parties other than NCM, and are used on the Website with permission and/or to
fairly identify the parties' products or services. Questions concerning trademark
ownership, usage, or infringement should be directed to the contact address given
below.
TAMPERING.
You agree not to modify, move, add to, delete, or otherwise tamper with the information
contained in the Site. You also agree not to decompile, reverse engineer, disassemble,
or unlawfully use or reproduce any of the software, copyrighted or trademarked material,
trade secrets, or other proprietary information which may be provided on the Site.
THIRD PARTY INFORMATION.
You agree you will not use the Site for: 1) private or personal gain; 2) to advertise,
promote, sell, or trade any position, product, or service; or 3) to post any material,
or links to any material, which is knowingly false and/or defamatory, inaccurate,
abusive, vulgar, hateful, prejudice, harassing, obscene, profane, sexually oriented,
threatening, invasive of a person's privacy, or otherwise in violation of any law.
Any material includes the content of user profiles, signature lines, e-mail addresses,
or any other method of third party communication allowable by the Site. Although
NCM does not actively monitor the comments on the Site, NCM has, in their sole discretion,
the right (but not the obligation) to remove any content that violates the Terms
and Conditions of Use. Any comments posted on the Site expresses only the views
of the author and does not necessarily reflect the views of NCM or any person or
entity associated with it. You agree that neither NCM, nor any person or entity
associated with them, will be held responsible for the contents, accuracy, completeness,
or validity of any information posted in the Site.
LINKS TO THIRD PARTY SITES.
The Site may contain links that will let you access other websites that are not
under the control of NCM. These links are provided only as a convenience, and we
do not endorse any of these websites. NCM assumes no responsibility or liability
for any material that may be accessed on other websites reached through the Site,
and NCM does not make any representation regarding the quality of any product or
service offered at any such website.
LINKS FROM THIRD PARTY SITES.
NCM prohibits all unauthorized links, including deep links, to the Site and the
framing of any information contained on the Site or any portion of the Site. NCM
reserves the right to disable any unauthorized links or frames. NCM has no responsibility
or liability for any material on other websites that may contain links to the Site.
NO ENDORSEMENT.
Any articles, tools, links, or other resources provided on the Site are solely for
informational purposes and do not constitute an endorsement by NCM of any product
or service.
PRIVACY.
Protecting your privacy is important to NCM. Our Privacy Policy sets forth how we
use and protect information you provide to us. However, voluntarily disclosed personal
information on the Site can be collected and used by others and may result in unsolicited
messages.
SECURITY.
The security of information transmitted over the Internet can never be guaranteed.
NCM is not responsible for any interception or interruption of any communications
over the Internet or for changes to or losses of data. You are responsible for maintaining
the security of any password, user ID, or other form of authentication involved
in obtaining access to password protected or secure areas of the Site. In order
to protect you and your data, NCM may suspend your use of the Site without notice,
pending an investigation, if any breach of security is suspected.
PASSWORD PROTECTED/SECURE AREAS.
Access to and use of any password protected and/or secure areas of the Site is restricted
to authorized users only. Unauthorized access to such areas is prohibited and may
lead to criminal prosecution.
NO WARRANTIES.
INFORMATION, DOCUMENTS, AND APPLICATIONS PROVIDED ON THE SITE ARE PROVIDED "AS IS"
AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. NCM DOES NOT WARRANT THAT THE SITE, ITS SERVERS, ITS APPLICATIONS,
OR E-MAIL SENT THEREFROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THOUGH
NCM USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION ON THE
SITE, IT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS.
NCM PERIODICALLY ADDS, CHANGES, IMPROVES, OR UPDATES THE INFORMATION AND DOCUMENTS
ON THE SITE WITHOUT NOTICE. NCM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE CONTENT OF THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR EXPRESS
AGREEMENT THAT SUCH USE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL NCM BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS
OF INFORMATION, PROGRAMS, OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR
INABILITY TO USE THE SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION
OF INFORMATION OVER THE INTERNET, EVEN IF NCM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION.
You agree that you are solely responsible for the content of your: 1) listserv posts
and responses; 2) Twenty Group application; 3) information; 4) materials; and/or
5) other contributions, and that you will indemnify and hold harmless NCM and their
agents and employees with respect to any claim based upon the use, appearance, and/or
transmission of your: 1) listserv posts and responses; 2) Twenty Group application;
3) information; 4) materials; and/or 5) other contributions.
JURISDICTION/GOVERNING LAW.
By visiting the Site, you agree that these terms and conditions shall be governed
and construed in accordance with the laws of the State of Kansas, USA, and applicable
federal laws without regard to conflicts of law principles. You agree that any and
all proceedings relating to the Site, including proceedings stemming from transactions
or communications conducted through the Site, and the subject matter contained herein
shall be maintained in the courts of the State of Kansas or the federal district
courts sitting in Kansas, which courts shall have exclusive jurisdiction for such
purpose.
SITE POLICIES, MODIFICATION, AND SEVERABILITY.
Please review our other policies, such as our Privacy Policy, posted on this website.
These policies also govern your visit to the Site. NCM reserves the right to make
changes to the Site, our policies, and these Terms and Conditions of Use at any
time. If any of these terms or conditions shall be deemed wholly invalid, void,
or for any reason unenforceable, that term or condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining term or condition.
If any of these terms or conditions are deemed invalid or unenforceable, that term
or condition shall be appropriately reformed and enforced to the fullest extent
permitted under the law.
DMCA CONTACT.
NCM supports the rights of copyright owners. Any notification of copyright infringement
in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 512,
should be submitted to:
DMCA agent: Spenserv, Inc.
1000 Walnut, Suite 1400
Kansas City, MO 64106
OBJECTIONABLE CONTENT.
Any user who believes that a member post is objectionable is encouraged to contact
us immediately by e-mail at info@ncm20.com. Upon receipt of such notification, we
will make every effort to take such action as we deem necessary within a reasonable
period of time. Since this is a manual process, you are advised that we may not
be able to remove or edit particular messages immediately.
RIGHT TO REVEAL IDENTITY.
In the event of any threatened or filed complaint or legal action arising from any
member post, NCM reserves the right to reveal your identity and any other information
we may know about you as required by any law, regulation, or governmental request,
or if NCM determines, within its sole discretion it is appropriate to take such
action.
MEMBERSHIP AND USE OF THE SITE.
NCM, at its own discretion, may bar registration from any specific e-mail service
or ISP. NCM reserves the right to terminate access to any user who does not abide
by these Terms.
ALL OTHER CONTACT.
All other questions and comments, such as requests to link to the Site, should be
directed to:
NCM Associates, Inc.
10551 Barkley, Suite 200
Overland Park, KS 66212
Phone: (913) 649-7830
Toll-Free: (800) 756-2620