A New York district court concluded that the “Avila” language did not result in a violation of the FDCPA because the defendant accurately and unambiguously conveyed the agreed-upon
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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.
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’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.
“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.
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.
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.
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:
3200 Courthouse Lane, Eagan, MN 55121-1585
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.
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.
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.
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.
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.
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.
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.
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.
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.
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