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Terms of Use Agreement

Please read this Terms of Use Agreement (“Agreement”) carefully before using this website (“Site”). By using the Site, you are agreeing to comply with and be bound by the terms of the Agreement set forth below. If you do not agree to the terms of the Agreement as set forth below, you are not authorized to use the Site and, accordingly, please do not use the Site. The term “Nielsen” refers to The Nielsen Associates, Inc., an Ohio corporation, having a principal address of PO Box 31762, Cleveland, Ohio. The term “you” refers to the user, viewer, or individual accessing the Site.

Article I

Acceptance of Agreement

1.1 Use of the Site indicates that you have read and accept the Agreement. If you do not accept the Agreement, you are not authorized to use the Site. The Agreement governs your use of the Site, any content, including without limit, electronic books or other digital publications, text, data, information, magnetic translation, digital conversion, software, scripts, graphics, photographs, design, sounds, music, videos, interactive features, and the design and organization thereof (“Materials”) that may be available through the Site and any services that may be provided through the Site (“Services”). (The Site, Materials, and Services collectively referred to as the “JobSearchForManagers Website”).

1.2 Nielsen authorizes you to use the JobSearchForManagers Website only for your own personal, non-commercial purposes. Use of the JobSearchForManagers Website for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make authorized copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials.

1.3 The JobSearchForManagers Website is marketed for and directed towards use and purchase by adults or with the consent of adults. Minors, individuals under eighteen (18) years of age are not authorized or permitted to use the JobSearchForManagers Website without the supervision of their parent or legal guardian.

Article II

Revisions/Changes/Modifications

2.1 At any time, Nielsen may make changes, modifications, alterations, or updates to the Agreement (“Additional Terms”). When these changes are made, an updated version of the Agreement will be posted on the Site or otherwise made available to you as provided in the Agreement.

2.2 You agree that Nielsen may provide you with notices, including those regarding the Additional Terms, by email, regular mail, or postings on the Site.

2.3 You understand and agree that if you use the JobSearchForManagers Website after the date on which the Agreement has been changed, Nielsen will treat your use of the JobSearchForManagers Website as acceptance of the Agreement and the Additional Terms. If you object to any such changes, your sole recourse shall be to cease using the JobSearchForManagers Website.

2.4 You understand that you should check the Agreement regularly for changes.

Article III

Intellectual Property

3.1 You acknowledge and agree that Nielsen (or Nielsen’s licensors) owns all legal right, title and interest in and to the JobSearchForManagers Website, including any intellectual property rights which subsist in the JobSearchForManagers Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

3.2 You acknowledge and agree that all Materials are either owned or licensed to Nielsen and are subject to copyright, trademark rights, and other intellectual property rights of Nielsen or Nielsen’s licensors. You may not copy, reproduce, publish, transmit, sell, license, modify, publicly display, publicly perform, distribute, or otherwise exploit the Materials without the prior written consent of Nielsen. As between you and Nielsen, Nielsen owns the JobSearchForManagers Website. The JobSearchForManagers Website is protected under United States copyright laws. Any unauthorized use of the JobSearchForManagers Website in whole or in part may violate copyright, trademark, and other laws. Nielsen reserves all rights not expressly granted in and to the Materials.

3.3 You agree not use any meta-tags, keywords or any other "hidden text" utilizing any name, trademark, product, or service name contained within the JobSearchForManagers Website, including without limitation confusingly similar variations thereof, without the prior written consent of Nielsen or Nielsen’s licensors.

3.4 You agree that the look and feel of the JobSearchForManagers Website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Nielsen and may not be copied, imitated, or used (in whole or in part) without the prior written consent of Nielsen.

3.5 You shall not create links to the JobSearchForManagers Website from other websites without the express written consent of Nielsen.

Article IV

Third-Party Sites, Products, Services

4.1 The JobSearchForManagers Website may contain links, resources, or produce search results that reference links to third party websites (“Third-Party Sites”). Nielsen may have no control over, and assumes no responsibility for any websites or resources that are provided by the Third-Party Sites, or the content, privacy policies, or practices of any of these third-Party Sites.

4.2 You acknowledge and agree that Nielsen is not responsible for the availability of any Third-Party Sites, and does not endorse any advertising, products or other materials on or available from the Third-Party Sites. Nielsen does not endorse the content of any Third-Party Site, nor does Nielsen warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer.

4.3 You acknowledge and agree that Nielsen is not liable for any loss or damage which may be incurred by you as a result of the availability of the Third-Party Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Third-Party Sites.

4.4 Nielsen encourages you to be aware when you leave the JobSearchForManagers Website and to read the terms and conditions and privacy policy of each other website that you visit.

Article V

Term and Termination

5.1 Nielsen may terminate, suspend, or modify your access to all or part of the JobSearchForManagers Website, without notice, at any time and for any reason.

5.2 You may discontinue your participation in and access to the JobSearchForManagers Website at any time.

5.3 Nielsen reserves the right at any time to terminate or suspend your access to the JobSearchForManagers Website if you engage in activities Nielsen concludes, in its sole and absolute discretion, a breach of the Agreement. Your authorization to use the JobSearchForManagers Website automatically terminates upon Nielsen’s determination of your breach of any term of the Agreement.

Article VI

Online Conduct

6.1 As a condition to your use of the JobSearchForManagers Website, you agree not to use the JobSearchForManagers Website:

a. in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”);
b. to stalk, harass, or harm another individual;
c. to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
d. to interfere with, disrupt, or otherwise use the JobSearchForManagers Website in a manner that could disable, overburden, or impair the JobSearchForManagers Website or interfere with any other user’s access to or use of the JobSearchForManagers Website, servers or networks connected to the JobSearchForManagers Website;
e. to use any data mining, robots, or similar data gathering or extraction methods in connection with the JobSearchForManagers Website;
f. to attempt to gain unauthorized access to any Materials, information, or portion of the JobSearchForManagers Website or any other accounts, computer systems, or networks connected to the JobSearchForManagers Website that Nielsen has not intentionally made available to you on the JobSearchForManagers Website whether through hacking, password mining, the use of web crawlers, bots or spiders, or any other means; or,
g. to transmit materials through the JobSearchForManagers Website that you know or should know contain viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or scripts that are intended to damage, detrimentally interfere with, intercept, or extract any system, data or personal information.

6.2 In certain circumstances, registration may be required in conjunction with the use of sections of or offerings from the JobSearchForManagers Website. You agree that, if registration is requested, you will provide Nielsen with complete and accurate registration information. You agree to register using your legal name and accurate information and that you are responsible for preventing unauthorized use of the JobSearchForManagers Website.

Article VII

Disclaimer

7.1 NOTHING IN THE AGREEMENT SHALL EXCLUDE OR LIMIT NIELSEN’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THE AGREEMENT SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU ARE ALWAYS ENTITLED TO AS A CONSUMER AND THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE.

7.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE JobSearchForManagers WEBSITE IS AT YOUR SOLE RISK AND THAT THE JobSearchForManagers WEBSITE IS PROVIDED "AS IS" AND “AS AVAILABLE.”

7.3 IN PARTICULAR, NIELSEN DOES NOT REPRESENT OR WARRANT TO YOU THAT:

A. YOUR USE OF THE JobSearchForManagers WEBSITE WILL MEET YOUR REQUIREMENTS,
B. YOUR USE OF THE JobSearchForManagers WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE JobSearchForManagers WEBSITE WILL BE ACCURATE OR RELIABLE, AND
D. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY MATERIALS OR SERVICES PROVIDED TO YOU AS PART OF THE JobSearchForManagers WEBSITE WILL BE CORRECTED.

7.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JobSearchForManagers WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

7.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE JobSearchForManagers WEBSITE OR FROM NEILSEN (OR THE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS THEREOF) (COLLECTIVELY, "NIELSEN PARTIES") SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE AGREEMENT.

7.6 NIELSEN FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7.7 SUBJECT TO OVERALL PROVISIONS PROVIDED IN THIS ARTICLE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NIELSEN SHALL NOT BE LIABLE TO YOU FOR:

A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B. ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

I. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE JobSearchForManagers WEBSITE;
II. ANY CHANGES WHICH NIELSEN MAY MAKE TO THE JobSearchForManagers WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE JobSearchForManagers WEBSITE (OR ANY FEATURES WITHIN THE JobSearchForManagers WEBSITE);

7.8 THE LIMITATIONS ON NIELSEN’S LIABILITY TO YOU IN SECTION 7.7 ABOVE SHALL APPLY WHETHER OR NOT NIELSEN HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Article VIII

Privacy/Use of Information

8.1 Your privacy is very important to Nielsen. To better protect your rights, Nielsen has provided you with access to Nielsen’s Privacy Policy, which may change from time to time, without notice, to explain Nielsen’s privacy practices. Nielsen’s Privacy Policy can be accessed using the link provided on the Site’s home page.

8.2 Nielsen reserves the right, and you authorize Nielsen, to use and assign all information regarding your use of the JobSearchForManagers Website and all information provided by you in any manner consistent with the terms of Nielsen’s Privacy Policy. You acknowledge and agree that all remarks, suggestions, ideas, graphics, or other information communicated by you to Nielsen are the property of Nielsen and that Nielsen is not required to treat such communications as confidential. You acknowledge and agree that Nielsen is not liable for any ideas, including without limit, product, service, or advertising ideas, communicated by you to Nielsen and Nielsen will not incur any liability as a result of any similarities that may appear in future products, services, or operations.

8.3 Nielsen does not knowingly collect or solicit personal information from children under thirteen (13) years of age. Should Nielsen learn that someone under thirteen (13) years of age has provided any personal information to Nielsen or on the JobSearchForManagers Website, Nielsen will remove that information as soon as possible.

Article IX

Miscellaneous

9.1 You agree to indemnify, defend, and hold harmless Nielsen, as well as its successors, assigns, parents, subsidiaries, affiliated and related corporations, shareholders, members, officers, directors, agents, attorneys and employees, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of the terms of this Agreement. Nielsen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Nielsen’s defense of such claim.

9.2 Sometimes when you use the Site or the Services, you may (as a result of, or through your use of the Site or the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Agreement does not affect your legal relationship with these other companies or individuals.

9.3 The Agreement constitutes the whole legal agreement between you and Nielsen and governs your use of the JobSearchForManagers Website (but excluding any services which Nielsen may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Nielsen in relation to the JobSearchForManagers Website.

9.4 Your rights granted under the Agreement, including without limit, the right to use the JobSearchForManagers Website, is not transferrable or assignable.

9.5 The Agreement, and your relationship with Nielsen under the Agreement, shall be governed by the laws of the State of Ohio without regard to its conflict of laws provisions. You and Nielsen agree to submit to the exclusive jurisdiction of the courts located within the State of Ohio to resolve any legal matter arising from the Agreement. Notwithstanding this, you agree that Nielsen shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal remedy or relief) in any jurisdiction.

9.6 The failure of Nielsen to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

9.7 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of the Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement. The remaining provisions of the Agreement will continue to be valid and enforceable.

9.8 The section titles in this Agreement are for convenience only and have no legal or contractual effect.

9.9 This Agreement shall remain in full force and effect notwithstanding any termination of your use of the JobSearchForManagers Website. The Agreement will be interpreted without application of any strict construction in favor of or against you or Nielsen.

Effective Date: 5 February, 2010