Terms of Use

Updated on July 18, 2023

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (collectively referred to hereafter as the “TOS”) FOR USING THIS WEB SITE AND ALL OF THE CONTENT IT CONTAINS (collectively referred to hereafter as the “site”). Your access, link to, or use of the site provided by The Nilson Report including its general and limited parents, affiliates, partners, and subsidiaries (collectively “we”, “us”, “our”) or through various third-party platforms and devices (e.g., mobile and tablet), signifies that you have read and agree to be bound by the TOS. By continuing to access, link to, or use this site, you expressly represent and warrant YOUR ACCEPTANCE OF THE TOS, INCLUDING WITHOUT LIMITATION, YOUR AGREEMENT TO BE BOUND BY ALL OF THE WORDING AND PARAGRAPHS SET FORTH BELOW GOVERNING YOUR USE OF OUR SITE. The terms “you” and “your” in this agreement shall mean the user of our site (e.g., individual, company, corporation, partnership, sole proprietor, governmental agency, etc.) that accessed, linked to, visited, or used our site at any time.

1. Changes to TOS

We reserve the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. We may notify you of the change in writing or electronically (including without limitation, by email or by posting a notice on the TOS indicating the date upon which the TOS were last “updated” or similar words). The changes also will appear in this document, which you can access at any time by going to the TOS link at the footer made available on this site. By using this site after changes are made to the TOS, you signify that you agree to be bound by such changes. Your access, link to, or use of the site after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by BLP and shall be of no force or effect.

2. Privacy and Your Account

Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where servers that we use are located, and by using this site online, you consent to the transfer of information outside of your country. If you access any part of this site using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your billing and delivery addresses and email address so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address shall be deemed sufficient notice.

3. Fees and Payments

You must be 18 years of age or older to use this site or to make any purchases on this site. We reserve the right at any time to charge fees for access to portions of the site. This includes, but is not limited to, our subscription service. You agree to pay the subscription fees and any other charges incurred in connection with your account (including any applicable taxes) at the rates in effect when the charges were incurred. As a general matter, all fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. It is your sole responsibility to manage your account and purchases and subscriptions. For example, you are solely responsible for canceling your subscription prior to any renewal charge. We may delete your account or cancel your subscription at any time upon notice to you at our sole discretion. For example, if in our opinion, your use of the site may violate any laws, regulations, or rulings, infringe upon another person’s rights or violate the terms of the TOS, we reserve the right to immediately terminate or restrict your access to the site.

4. Cookies

We use cookies that are necessary to make our site work. We may also use additional cookies to analyze, improve, and personalize our content and your digital experience. Cookies are small text files placed on your computer or other device by websites that you visit. Cookies are widely used to make websites and other applications work, or work more efficiently, and help them remember certain information and recognize your internet browser. Cookies may last until you close your browser (“session” cookies) or over repeat visits (“persistent” cookies). By accessing our site, you consent to our use of cookies and similar technologies used as necessary for the performance of the site and for our legitimate business operations related to the site. You also may be able to block or delete cookies by selecting the appropriate settings on your browser privacy preferences menu. However, it is your sole responsibility to manage your cookie preferences and settings on your own device. using the “Cookie Settings” link in our website’s footer.

5. Disclaimers of Warranties and Limitations on Liability

YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. WE WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SITE OR CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF YOU CONTEND THAT WE WERE ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

6. Agreement to Arbitrate

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Santa Barbara in the State of California. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org .

You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action.

All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. California law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. The arbitration will take place in the County of Santa Barbara in the State of California. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

7. General

This Agreement contains the final and entire agreement between us regarding your use of the site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the site. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Santa Barbara in the State of California. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

8. Our Refund Policy

We make a refund when someone mistakenly pays us by wire transfer even though their company requires them to use a paper check or a credit card. We make a refund when we receive payment by paper check although a company requires employees to use a credit card or make a wire transfer. We make a refund if we receive payment by credit card although a company requires employees to pay by wire transfer or paper check.

Importantly, when a credit card has been received and a refund is required, we make the refund using the ACH. Therefore, no credit card chargeback occurs. We make the refund using the ACH because we do not retain any payment card data in our system. There is no payment card number to chargeback.

We make a refund if someone pays full price on a new subscription although they qualify for a discounted price. We make a refund when a company mistakenly pays us twice for the same invoice. We make a refund when someone mistakenly pays for a renewal of their subscription. They have this prerogative because the Nilson Report never uses auto-renewal for either of the products it sells.

9. Our Delivery Policy

The Nilson Report is a provider of market intelligence—news and statistics—to executives in the payment card industry. We sell our content as a yearly subscription (22 issues) to our newsletter, as an annual Research Publication (a single document) or as any number of previously published individual issues from our archives. All content is digital and is delivered in portable document format (pdf).

10. Return Policy

All content sold by the Nilson Report is digital. No content is returned.

11. Cancellation Policy

All sales are final.