B. THIRD PARTY SITES AND INFORMATION: The Website Content may link User to other sites on the Internet or 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 includes opinions, presentations, articles, hyperlinks or other third party provided information. User acknowledges that Third Party Content: (a) may contain information or material that some people may find inappropriate or offensive; (b) is not intended to constitute or imply an endorsement by ACA of, or an association with, the author of the Third Party Content; (c) is not under ACA’s control and ACA takes no responsibility for the accuracy, copyright compliance, legality, decency or any other aspect of any Third Party Content; (d) ACA is not responsible for errors or omissions in any references to other parties or their products and services.
1.PUBLIC SITE: Anyone can access the Website without identifying themselves or providing a password.
2.COOKIES: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of ACA’s features, and we recommend that you leave them turned on. ACA does not currently respond to or otherwise take any action with regard to Do Not Track requests.
D. USER DATA: User’s email address and identity (if provided by User) may be revealed when submitting an email message to ACA through the website. This information is kept confidential within. However, 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 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: (1) comply with legal process, (2) enforce this Copyright Policy, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights or property of ACA as the circumstances may require.
E. 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 services and/or information made in connection with this Website is void where prohibited.
H. DISCLAIMER OF WARRANTIES: THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, 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, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. ACA DOES NOT WARRANT THAT THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER’S SOLE RISK. ACA MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Certain state laws do not allow limitations on warranties; 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.
I. LIMITED REMEDY: USER’S SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES.
ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, 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 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.
II. INTELLECTUAL PROPERTY
Unless expressly stated otherwise, all Content is solely owned and the property of ACA and protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws including, without limitation the domain www.askdoctordebt.com, the trademark Ask Doctor Debt and its design, and all other names, trademarks, service marks, logos, commercial symbols and styles used by ACA in providing its products and/or services (collectively referred to as “Intellectual Property Rights”). ACA requests User access and utilize Content with courtesy, respect, and integrity. Please note that access to the Content does not mean User have the right to provide the Content to third parties or present the Content as User’s own. Neither ACA nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties. This Intellectual Property Policy establishes basic guidelines for acceptable Use of the Content.
ACA hereby grants Users the non-exclusive, non-royalty bearing, revocable, without right to sublicense, licensed right to Use the Content in the pre-authorized ways set forth in the “Copyright Licensed Use Guidelines” (Explanatory Note: “non-exclusive” means that others may also have this right; “non-royalty bearing” means that User do not have to pay ACA for using the Content in accordance with this User License; “Revocable” means ACA may cancel the right to Use the Content; and “without right to sublicense” means User may not share Content with others to Use) and subject to the following conditions:
1.User may not use any of ACA’s Intellectual Property Rights, specifically any ACA service mark, logo or other proprietary graphic without ACA’s express written permission (as specified on this website or otherwise);
2.Any unauthorized use of the Content is strictly prohibited and is a violation of ACA’s Intellectual Property Rights that may result in civil or criminal penalties and immediately terminates the permission or license granted by ACA;
3.The User license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools;
4.User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from ACA (as specified on this website or otherwise) or the specific content provider;
5.User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of ACA without express written consent of ACA (as specified on this website or otherwise);
6.User may not use any meta tags or any other "hidden text" using Intellectual Property Rights without the express written consent of ACA (as specified on this website or otherwise). User does not acquire ownership rights to any Content;
7.There is no right to create modifications or derivatives of ACA’s Intellectual Property pursuant to this License.
8.Nothing within this User License shall give any User any right, title or interest in or to the ACA’s Intellectual Property Rights other than the right to Use in accordance with these terms.
A. COPYRIGHT LICENSED USE GUIDELINES: ACA Content is copyrighted and licensed, not sold. ACA provides these guidelines as a general policy that applies to all Content. Some Content may have 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.
1.Access & Personal Use: User may access and make personal use of the Website and view any Content;
2.Hyperlinks: Create a hyperlink to the Website so long as the link does not portray ACA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter;
3.Re-posting: Any Content may be reposted as a non-commercial electronic distribution, such as sharing as a bulletin over an employer or social network only if:
a.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
b.User may not remove any proprietary notice or legal disclaimer language in any copies of Content;
c.User may not be paid, or otherwise profit, from the Use of any Content or from any output produced using it;
d.User may not promote any commercial activity using the Content;
e.User may not present the Content as legal advice or make any additional representations or warranties relating to the Content;
f.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);
g.Unless otherwise specifically allowed in these Copyrighted Licensed Use Guidelines, in order to copy, reprint, quote or otherwise reproduce any Content, User must obtain written permission by sending a written request to firstname.lastname@example.org containing the identity of the User, title of the Content the User wishes to reproduce, the source of the Content and the purpose for which the User would like to use the Content;
h.If User has been pre-authorized under these Copyrighted Licensed Use Guidelines 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 the User: “© [insert year of publication as provided by ACA] ACA International. All rights reserved. Reprinted from [insert name of publication] with permission from ACA International. 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 User 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 User’s own legal counsel. User may obtain additional information at www.askdoctordebt.com. Any rights not specifically granted herein are reserved by ACA.”
B. COPYRIGHT COMPLAINTS, DISPUTES AND VIOLATIONS: If User copies and distribute 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 work has been copied in a way that constitutes infringement on the Website or in connection with ACA’s information or services, or that someone is infringing or misusing ACA’s copyrights, please contact us at mailto:email@example.com.
C. DESIGNATED AGENT: User acknowledges the value of both ACA’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send notification to ACA’s “Designated Agent” identified below. 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 pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c). Website access for users considered to be repeat copyright infringers will be terminated.
Designated Agent for Claimed Infringement:
ACA Legal Department
4040 West 70th Street, Minneapolis, MN 55435
Telephone: 952-928-8000 ext. 129
If you are uncertain of your authorization to use any ACA Content or materials, please contact ACA at firstname.lastname@example.org
Last Updated February 24, 2015