anonymous

Copyright Policy and Reprint Requests

Instructions for requesting permission to republish ACA International’s copyrighted articles, information and content.

Advertisement
Benchmarking
Advertisement
Collector Magazine

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.

Alliance ACA
DCAP Advertisement
Alliance ACA
Benefit Hub

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 [email protected].

(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 [email protected] 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
3200 Courthouse Ln
Eagan, MN 55121-1585

Telephone:
952-259-2129

Email:
[email protected]

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

Important Notifications

Please take a moment to review your important notifications below. You can find all your notifications at My ACA Assistant.

  • One moment please...

Terms of Use

ACA International’s Website Terms of Use and Intellectual Property Policy

Please read to the end of our “Terms of Use” by scrolling through all the way down.

This Terms of Use Agreement 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 any person using the website located at www.acainternational.org (“Website”), whether using the public portion of the Website that does not require you to provide any password information (“Public Site”) or the private portion of the Website designated for ACA Members through a password protected login (“Member Site”) (collectively and interchangeably referred to as you or “User”). By using this Website, purchasing products from ACA or utilizing any service or business offered by ACA, you accept these conditions and agree to be bound by the terms of this Agreement.  Please read them carefully.  You may print this Agreement at any time by clicking on the link on the Website.

Terms

ACA provides the Website and various services subject to your compliance with this Terms of Use Agreement, any specifically referenced documents contained herein, and any posted guidelines, rules or other documents applicable to such services or materials posted on the Website that are all incorporated by reference (collectively referred to herein as “Terms of Use”).

Acknowledgement

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. USER’S REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH ACA REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS WEBSITE.

ACA reserves the right to change the Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition.

ACA reserves the right to modify or discontinue the Website, including any features included, at any time with or without notice to User. ACA shall not be liable to User or any third party if ACA chooses to exercise such right. Modifications may include, without limitation, changes in the pricing structure, the addition of fee-based services or changes to limitations on allowable file sizes. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use. The Website is provided “AS IS” with no warranty of any kind associated with the performance of the Website or the Content provided.

Privacy

Subject to ACA’s Privacy Policy located on the Website that is hereby incorporated, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website or to ACA, whether by electronic mail or other means, for any reason (“User Data”). All User Data will be treated as non-confidential and non-proprietary. Unless otherwise established, User retains all rights in the User Data and hereby grants ACA and its designated licensees a non-exclusive, irrevocable, royalty free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, sublicense, create derivative works, and otherwise use such User Data for any purpose, regardless of the form or medium, whether now known or later developed, in which it is used (“User Data License”). User is responsible for ensuring no User Data is confidential, proprietary, or in any way related to an unsolicited idea or proposal, and User waives any allegation claiming otherwise.

User represents and warrants that: (a) User owns or otherwise controls all of the right, title and interest to the User Data; (b) the User Data is accurate; (c) use of the User Data does not violate this policy or any third-party rights and/or will not cause injury to any person or entity; and (d) User will indemnify ACA for all claims related to the User Data.

Electronic Communications

By providing your email address to ACA, User consents to receive electronic communications from ACA. ACA will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that ACA provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to ACA, User consents to receiving email communication from ACA. This consent applies specifically to all business communications between User and ACA.

User is always entitled to receive a paper copy of any communication without charge, by contacting ACA. Upon receipt of your notice, ACA will mail a paper copy of any of the documents originally delivered in electronic format within 45 business days. You may also contact us at the above-listed contact points to revoke your overall consent to electronic communications. No fees shall be assessed against you if you choose to revoke your consent.

By providing your email address, you further agree that you have access to the hardware and software requirements necessary to review, upload and/or print your electronic communications.

The software and hardware requirements include having a valid email address that is personal and private to you, along with the ability to open a PDF document through a free Adobe™ or similar viewing program. If, at any time, you no longer have access to the necessary requirements, you agree to submit a request through our Website to update your contact information. You understand that ACA will notify you if there is any change in the hardware or software requirements that could impact your ability to access electronically formatted documents. Your continued use of the electronic documents after such time will serve as reaffirmation that you have sufficient hardware/software to view such documents.

As long as your consent is valid, you understand you must notify ACA of any change in your email. You take sole responsibility for failure to provide ACA with updated contact information.

Conduct

User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of ACA Content (defined below) or User Data that is or is used in a manner that is “Objectionable,” including, without limitation, displaying any Content or posting any User Data that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. ACA reserves the right, but has no obligation, to remove or edit such Objectionable User Data.

ACA, at its sole discretion, may: (a) immediately terminate the services User receives from ACA (“Services”), and the Terms of Use, or otherwise restrict User’s Services; and/or (b) immediately remove any Objectionable User Data, with or without notice, if User posts Objectionable User Data.

Intellectual Property

ACA’s Intellectual Property is important and its protection is vital to ACA’s role in the credit and debt collection industry. The following provisions apply to ACA’s protection of its Intellectual Property.

Definitions

“ACA Content” means Information owned, created, or provided by ACA, either directly, or indirectly through speakers, committee members, independent contractors, members of ACA or any other party presenting information through ACA, or at an ACA sponsored event, including, but not limited to, any oral presentations, PowerPoint™ slides, written materials, Information included on the Website, such as software programs, training guides, presentations and seminars, and Intellectual Property.

“Confidential Information” means any and all ACA 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 ACA Content is marked, designated, or otherwise identified as “confidential.”

“Information” means any and all technological, scientific, business, legal, organizational, commercial, operational, or financial materials; unpublished or unpatented inventions, invention summaries and/or disclosures; compilations; samples; statistics; summaries; ideas; notes; concepts; data; know-how; discoveries; processes; essays; knowledge; improvements; methods; techniques; technologies; systems; interpretations; analyses; products; practices; procedures; protocols; research; tests; trials; controls; prototypes; formulas; sales information; descriptions; formulations; submissions; communications; skills; experience; plans; objectives; algorithms; reports; results; forecasts; studies; conclusions; inventions; trade secrets; designs; specifications; documentation; components; computer programs and all source and object code; images; icons; audiovisual components and objects; schematics; drawings; processes; visual depictions; and customer, vendor, and supplier lists; whether or not copyrightable or patentable, in any form or medium (tangible, intangible, oral, written, electronic, observational, or other), whether now known or later developed.

“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any Information owned or created by ACA, along with any associated advertising materials, publications, technical papers and computer software, 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 and 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 (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA (“Trademark(s)”); (d) all Confidential Information related to the items listed herein; and (e) any other proprietary rights associated with ACA’s Information, whether or not Confidential Information.

Right to Use

By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all ACA Content is solely owned and the property of ACA. User is granted a nonexclusive, revocable, non-assignable, limited license to: (a) access the ACA Content available through the Website for personal use; and (b) create a hyperlink to the Website on User’s website, so long as the link does not portray ACA, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner, and User states that ACA is not affiliated with User. All rights not granted herein are reserved for ACA. This license specifically, but not exclusively, does not grant User: (a) any right to use Trademarks or Copyrights without ACA’s express written permission; (b) any right to resale or commercial use of the Website or ACA Content; (c) any right to create derivative use of the Website or ACA Content; (d) any right to use data mining, robots, or similar data gathering and extraction tools in connection to the Website or ACA Content; (e) any right to copy, commercialize, reproduce, modify, republish, upload, post, transmit, create derivative works or distribute any ACA Content from the Website, in any form, or by any means without prior written permission from ACA; (f) any right to frame or utilize framing techniques to enclose any Intellectual Property without express written consent of ACA; (g) the right to use any meta tags or any other “hidden text” using Intellectual Property without the express written consent of ACA; (h) any ownership rights to any ACA Content. Any unauthorized use of ACA Content is strictly prohibited and is a violation of ACA’s Intellectual Property rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACA.

ACA does not warrant or represent that User’s use of ACA Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

Policies

ACA has developed policies to ensure accordance with the laws respecting personal rights, antitrust limitations and ACA’s reputation. User hereby agrees to abide by ACA’s general policies in addition to the Terms of Use, including, but not limited to, ACA’s Logo Use Policy, ACA’s Copyright Policy, ACA’s Privacy Policy, and ACA’s Antitrust and Anti-Harassment Policies, all of which can be found on the Website, which are incorporated herein by reference (“Website Policies”).

User Material

If at any time User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, User shall immediately send notification to ACA’s “Designated Agent” that is identified below.

Designated Agent

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

Designated Agent for Claimed Infringement:
ACA International
Legal Department
3200 Courthouse Lane, Eagan, MN 55121-1585
(952) 926-6547

User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACA may immediately remove the identified materials 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 materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Product Descriptions

ACA attempts to be as accurate as possible. However, ACA does not warrant that product descriptions or other ACA Content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by ACA itself is not as described, User’s sole remedy is to return the product in unused condition.

Third Party Sites and Information

The Website may offer third party links allowing User to access other sites on the Internet or that include third party user data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third-Party Content”). Third Party Content may contain information or material that some people may find inappropriate or offensive. User Data and Third-Party Content are not under ACA’s control and ACA has no affiliation, does not endorse or take responsibility for any User Data or Third-Party Content. User acknowledges that ACA is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Third-Party Content, nor is ACA responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third-Party Content does not imply endorsement of, or association with, the Third-Party Content by ACA.

Disclaimer of Warrranties and Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY ACA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ACA DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM ACA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.

ACA MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. ACA DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THE TERMS OF USE.

Indemnification

Upon a request by ACA, User agrees to indemnify, defend and hold ACA harmless from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. ACA hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with ACA in asserting any available defenses.

Privacy Policy

ACA’s Privacy Policy, located on the Website, as it may change from time to time, is a part of the Terms of Use and incorporated herein by reference. User is solely responsible for reviewing the Privacy Policy.

International Use

Although the Website may be accessible worldwide, ACA makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

Termination of Use

User agrees that ACA may, in ACA’s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the ACA Content available on the Website immediately ceases and User acknowledges and agrees that ACA may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Website. ACA is not liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by ACA in connection therewith.

Assignment

The Terms of Use may be automatically assigned by ACA in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without ACA’s prior written consent and any attempt to so resell, assign or transfer will be null and void.

Attorneys’ Fees

In any action, formal or informal, initiated by ACA to enforce the Terms of Use, ACA will be entitled to costs and attorneys’ fees.

Interpretation

If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best affect the intent of the parties or the parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.

Amendment

The Terms of Use may be amended at any time by ACA without specific notice to User. The latest Terms of Use will be posted on the Website, and User takes sole responsibility to periodically review the Terms of Use prior to using the Website.

Applicable Law

By using the Website, User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes relating in any way to ACA or to products or services sold or distributed by ACA and both ACA and User submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota.

Payment of Fees

Fees due by User for using certain services or purchasing products are either set out in a separate agreement or described elsewhere in the Website and are the sole responsibility of User (“Fee”). Any such agreement is incorporated by reference. If User incurs a Fee, User agrees to pay all Fees. ACA will bill all Fees to User’s credit card or other automatic payment option available and provided to ACA by User. User agrees to provide ACA with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide ACA with any changes in such information within five (5) calendar days of the change. If, for any reason, User’s credit card company refuses to pay the Fee, User agrees that ACA may require User to pay any unpaid amount due upon demand (“Default”) by other means acceptable to ACA. If legal action is necessary to collect any Fees due, User agrees to reimburse ACA for all expenses incurred to recover Fees due, including collection fees, attorney’s fees and other expenses.

Registration Data

In order to access some of the services on the Website, User will require an account, password and/or other information and data provided to ACA in connection with the use of the Website (“Registration Data”). By providing Registration Data, User agrees that all information provided in the Registration Data is true and accurate, User is at least eighteen (18) years of age and that User will maintain and update this information as required to keep it current, complete and accurate. User grants ACA the right to disclose to third parties certain Registration Data about User in accordance with its Privacy Policy. Registration Data is considered “Personal Information” within the Privacy Policy. ACA shall act in accordance with the terms of its Privacy Policy when handling the Registration Data. User is also responsible for maintaining the confidentiality of the Registration Data, and for any and all statements made, and acts or omissions that occur by use of the account associated with the Registration Data (“Account”). User must take steps to ensure that no third-party can utilize the Registration Data or the Account. User may not transfer or share User’s Account with anyone, and ACA reserves the right to immediately terminate User’s Account in the event of any unauthorized transfer or sharing. Each Account is personal to a single User.

Exclusive Member Content

Users that are ACA members (“Members”) and in the event the Member is an entity, their properly authorized individual users, will be provided online access to valuable information relevant to the credit and collection industry on the Website and hub.acainternational.org (“Hub”), which is exclusive to Members, much of which is specifically designated as members-only content and requires User specific Registration Data and Account (“Member Content”). Members hereby acknowledge Member Content is the sole property of ACA and is included as ACA Content. Entity Members may authorize individual employee user access to Member Content, wherein each user identified in the ACA user roster will be assigned unique Registration Data. Entity Members are responsible for the conduct of their employees that use the Website and/or the Hub. Entity Member’s responsibility for employee conduct does not absolve the employee of their personal responsibility to comply with Terms of Use. Additions, deletions, and modifications to a Member’s information, and employee roster, must be made by the Member’s designated contact. Members are required to maintain an up-to-date and accurate roster. Rosters must timely reflect changes regarding inactive email addresses and Users who have separated from employment. Only those employees physically located at the approved Member geographical location may be provided access. In no event may any entity Member add a non-employee to its user roster, or otherwise allow non-employees access to Member Content through the Member’s Account. Hub use must comply with ACA’s Hub Terms of Access as they may be amended from time to time, which is incorporated herein by reference. If the Member learns a User identified in the Member’s user roster, or otherwise through the Member’s Account, has improperly accessed or disseminated information originating from ACA or violated the Terms of Use, the Member must report the event to ACA immediately and take appropriate corrective action, which shall include, but not exclusively: (a) preventing further unauthorized access; (b) issuing notice to all known and suspected unauthorized recipients of the breach; (c) providing to ACA a disclosure of all known recipients of Member Content; (d) destroying or returning all information improperly retrieved or disseminated; and (e) cooperating with ACA in such a manner as ACA may determine appropriate under the circumstances to avoid further harm.

Delivery

Unless in downloadable format, most product orders placed with ACA are delivered via FedEx, UPS and USPS, within four (4) business days to two (2) weeks of ordering the product. Back orders can take up to six (6) weeks depending on the type of product ordered. User will pay all shipping charges for ordered and returned items. Shipping charges are subject to change without prior notification to User.

Limitation of Liability

ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA does not represent or warrant that ACA Content is accurate, complete or current for any specific or particular purpose or application. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.

ACA CONTENT IS PROVIDED “AS IS.” ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ACA CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACA IN WRITING. BY USING ACA CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH ACA CONTENT, UNLESS SEPARATELY PROVIDED IN WRITING BY ACA IN A SEPARATE CONTRACT.

Risk of Loss

All items purchased from ACA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.

FURTHER, ACA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

Updated 3/1/2019

 

One moment please...

Share Profile

This site uses cookies. By continuing to use our site, you are agreeing to our use of cookies. Review our Privacy Policy for more information. You may change your preferences on how cookies are stored by reviewing the settings on your browser.

The content on this site is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. By continuing to use our site, you are agreeing to the legal disclaimers in our Terms of Use. Review our Terms of Use for more information.

Friendly Reminder

Get continued access to ACA International’s wide array of resources, which can help you become more profitable, compliant and successful.

Renew your membership today to take advantage of tools you won’t find anywhere else:

  • Discounts on seminars, products, services and events
  • Resources to strengthen your compliance department
  • Industry-specific risk management products and services
  • Participation in ACA’s online community, The Hub
    Members-only website content
  • Professional development and training opportunities, and so much more!

If you have completed your renewal, please disregard this reminder.