This “Copyright Policy” is a legal agreement between ACA International, a Minnesota non-profit corporation whose notice address is contained below and any of its affiliates (“ACA”) and You/User, as defined below.

By accessing the website located at www.acainternational.org (“Website”); becoming an ACA Member, or otherwise participating in ACA's programs; utilizing The Hub service; receiving and/or viewing ACA publications; participating in ACA courses, seminars or online events; purchasing any goods and/or services from ACA; registering to use the Website; or otherwise utilizing any information, materials, products, content, design, compilations, magnetic translations, digital conversions, communications, software, photos, video, graphics, music, sounds and other material and/or services that are available on the Website or provided by ACA that can be viewed by Users including, without limitation, oral presentations, PowerPoint® slides, written materials, MP3s, CDs, DVDs, PDFs, training guides, presentations and seminars, message boards, chats, other original content, text, communications, software, images, sounds, data or other information provided by ACA directly, or in connection with ACA or the Website (the actions included in this section are referred to as “Use” and the materials are collectively referred to as “Content”), “You/User” of the Content, acknowledge Your acceptance and agree to be bound by the terms of this Copyright Policy.

Please read this Copyright Policy carefully.  You may print up this Copyright Policy at any time by clicking on the link on the Website.  ACA and User agree that the parties have exchanged adequate consideration to be bound by the terms of this Copyright Policy.  This Copyright Policy is subject to change by ACA in its sole discretion at any time. You are responsible for reviewing this Copyright Policy prior to Use for any changes.

If you do not agree to these terms do not Use the Website or the Content.

PURPOSE

ACA Content is copyrighted and licensed, not sold.  ACA provides this Copyright Policy as a general policy that applies to all Content.  Most of the Content has a separate policy of its own that User must abide by, in accordance with any such notice User receives, or as supplied within the Content documentation.  In the event there is a disagreement in terms, the stricter provision shall prevail.  This Copyright Policy establishes basic guidelines for acceptable Use of the Content and is based upon the principle that ACA provides the Content to help professionals in the credit and collection industry.  ACA requests User Use Content with courtesy, respect and integrity.  ACA takes pride in providing detailed information in order to present a comprehensive resource for its members.  Please note that access to the Content does not mean User has the right to provide the Content to third parties or present the Content as User’s own. 

OWNERSHIP

User acknowledges and hereby agrees that unless expressly stated otherwise, all Content is solely owned by, and the property of ACA, protected by copyright, trademark and service marks, patent and/or other proprietary rights laws, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship, all copyrights in any jurisdiction (whether or not registered), including, but not limited to any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyrights”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA, including its associated goodwill existing as of the effective date and continuing therefrom (“Trademark(s)”); (d) all Content that is treated as confidential by ACA, or that due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be non-public or confidential, whether in oral, written, electronic, or other form or media, whether or not such Content is marked, designated, or otherwise identified as “confidential” (“Confidential Information”); and (e) any other proprietary rights associated with the Content, whether or not Confidential Information (collectively referred to herein as “Intellectual Property”).

USE POLICY

ACA hereby grants Users the non-exclusive, non-royalty bearing, revocable, without right to sublicense, licensed right to Use the Content in the following pre-authorized ways set forth in this section (“Limited License”) (Explanatory Note:  “non-exclusive” means that others may also have this right; “non-royalty bearing” means that You do not have to pay ACA for using the Content in accordance with this Limited License; “Revocable” means ACA may cancel the right to Use the Content; and “without right to sublicense” means You may not share Content with others to Use):

(a)  User may access the Website and view any Content accessible by User, as allowed within the subscription level of the User provided by ACA, when User views the Website or logs in with his or her personal User password;

(b)  User may purchase any goods for sale and/or subscribe to any services offered on the Website;

(c)  Any Content that is publicly available to view on the Website without requiring a password (“Public Information”) may be reposted as a non-commercial electronic distribution, such as sharing as a bulletin over an employer or social network only if: 

  1. posted in its entirety without any modification, alteration, enhancement or in any way presented to imply or indicate an endorsement by ACA of User's products or services, or if provided as a hyperlink to the exact location of the Content on the Website; and
  2. the Content must include the credit lines stating: © [insert year of publication as provided by ACA] ACA International.  All rights reserved.  Reprinted from [insert name of publication] with permission from ACA.  This information is provided by and solely owned by ACA International (“ACA”).  ACA provides this guidance as a courtesy to be used for informational purposes only.  ACA requires us to inform you that it disclaims any warranties and makes no representation that the information is accurate, complete or current for any specific or particular purpose or application.  This content is not intended to serve as legal or other advice and should not replace the advice of your own legal counsel.  You may obtain additional information at acainternational.org. 

           If User is uncertain whether the Content is publicly available to view, User may inquire by sending a message specifying the Content to reprints@acainternational.org.

(d)   Any Content that requires a User to provide a password in order to view the Content (generally referred to as “Member Content”), which can be further broken down to specific groups of Users, such as, but not limited to, member attorneys (“Section Content”) (collectively included within “Content”) may not be copied, reprinted, modified, altered, enhanced or in any way presented to anyone other than the individual User authorized to use the password (“Authorized User”) without the prior written permission of ACA.  ACA often grants permission to reproduce Member Content for personal, education and business use within the company of User, but not without prior written permission.  It is crucial the Member Content is not distributed to any third party or other party who is not the intended Member, who could use the Member Content for their own commercial use.

(e)   Authorized Users may print a single copy of any Member or Section Content for noncommercial, internal use provided it either is not allowed to leave the premises of Authorized User's employer or is kept in the control of Authorized User without disclosure to any third party until confidentially destroyed;

(f)   User may not remove any proprietary notice or legal disclaimer language in any copies of Content;

(g)   User may only view Content for personal, noncommercial informational purposes only and may not copy or post Content on any networked computer or broadcast it in any media;

(h)   User may not be paid, or otherwise profit, from the Use of any Content or from any output produced using it;

(i)   User may not promote any commercial activity using the Content;

(j)  User may not present the Content as legal advice or make any additional representations or warranties relating to the Content;

(k)  User may not create a derivative work of the Content without prior written permission from ACA; Explanatory Note: "derivative work” is a work based upon one or more preexisting works, and may include, for example, taking segments or copying parts of Content for unauthorized use within User’s materials;  

(l)  This Limited License hereby includes the right for ACA Member Users to distribute and reprint any ACA SearchPoint documents if: (i) reproduced and distributed in their exact form; (ii) distributed only to another ACA Member or employee of an ACA Member; and (iii) the receiver is informed they have no licensed copyrights in ACA SearchPoint documents;

(m)  Unless otherwise specifically allowed in this Limited License, in order to copy, reprint, quote or otherwise reproduce any Content, User must obtain written permission  by sending a written request to reprints@acainternational.org containing the title of the Content User wishes to reproduce, the source of the Content and the purpose for which User would like to use the Content;

(n)  If User has been pre-authorized under this Copyright Policy, or has obtained written permission from ACA to display or otherwise reproduce any Content, User must provide the following legal disclaimer with the Content, every time Content is provided to anyone other than User:

© [insert year of publication as provided by ACA] ACA International.  All rights reserved.

Reprinted from [insert name of publication] with permission from ACA.  This information is provided by and solely owned by ACA International (“ACA”).  ACA provides this guidance as a courtesy to be used for informational purposes only.  ACA requires us to inform you that it disclaims any warranties and makes no representation that the information is accurate, complete or current for any specific or particular purpose or application.  This content is not intended to serve as legal or other advice and should not replace the advice of your own legal counsel.  You may obtain additional information at acainternational.org. 

(o)   Any rights not specifically granted herein are reserved by ACA.

Have a question about ACA's Copyright Policy?  Please contact us.

COPYRIGHT COMPLAINTS AND VIOLATIONS

If User copies and/or distributes any Content without legal permission, User may be found liable for civil or criminal copyright infringement.  User is not protected from financial penalty just because User received access to the Content at no cost or is distributing Content with no charge. User’s only protection is to not possess or distribute any unlicensed Content.

If User believes User’s content has been copied in a way that constitutes infringement on the Website or in connection with ACA's goods and/or services, or that someone is infringing or misusing ACA's copyrights, please contact us.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), ACA's Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyrighted material or of Users about whom repeat claims of copyright infringement are received will be terminated.

Designated agent for claimed infringement:

First class mail:

Issa Moe
ACA International
P.O. Box 390106
Minneapolis, MN 55439-0106

Telephone:
952-928-8000 ext. 129

Email:
moe@acainternational.org

User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACA may immediately remove the identified Content from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the Content will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

ACA may disclose any information ACA has about User (including User’s identity) if ACA determines that such disclosure is necessary in connection with any investigation or complaint regarding User’s Use of the Content, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ACA or ACA Members' rights or property as the circumstances may require. ACA reserves the right at all times to disclose any information that ACA deems necessary to comply with any applicable law, regulation, legal process or governmental request.  

User acknowledges and agrees that ACA may preserve any transmittal or communication made by User with ACA through the Website or any goods and/or services offered on or through ACA, and may also disclose such data if required to do so by law or ACA determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Copyright Policy; (c) respond to claims that any such data violates the rights of others; or (d) protect the rights, property or personal safety of ACA or ACA's Members as the circumstances may require.

You understand and agree that ACA may, in its sole discretion and without prior notice, terminate User’s access to the Website and/or block User’s future access to the Website if ACA determines that User has violated this Copyright Policy or other agreements or guidelines which may be associated with User’s Use of the Website or the Content. You also agree that any violation by User of this Copyright Policy will constitute an unlawful and unfair business practice, and will cause irreparable harm to ACA, for which monetary damages would be inadequate, and User hereby consents to ACA obtaining any injunctive or equitable relief that ACA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ACA may have at law or in equity.

If ACA is compelled to take any action against User as a result of your violation of this Copyright Policy, ACA will be entitled to recover from User, and User agrees to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to ACA. User agrees that ACA will not be liable to User or to any third party for termination of your access to the Website as a result of any violation of this Copyright Policy.

INDEMNIFICATION

User agrees to indemnify and hold ACA harmless from any demands, loss, liability, claims or expenses, including attorneys' fees, made against ACA by any third party due to or arising out of or in connection with User’s Use of the Content or for any other violation of this Copyright Policy or other legal agreement included on the Website or within the Content.

OTHER DOCUMENTS

This Copyright Policy is incorporated by reference into the other legal agreements available on the Website or within the Content. 

MISCELLANEOUS

User hereby agrees that all matters relating to User’s Use, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue.

The information contained in this Copyright Policy is subject to change without notice at ACA's sole discretion. By Using the Content, you agree to this Copyright Policy or any amendments and/or changes made.

Updated 3/4/2019

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