I.GENERALLY

This Terms of Use Agreement (“Agreement”) is a legal agreement between ACA International, a Minnesota non-profit corporation whose notice address is contained below (“ACA”) and each website user accessing the website (“User/You”) located at the domain www.askdoctordebt.com (“Website”). ACA provides the Website and various services subject to User’s compliance with this 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, each of which are incorporated herein by reference (collectively referred to herein as “Terms of Use”). By using this Website or utilizing any service offered online by ACA; you accept these conditions and agree to be bound by the terms of this Agreement. Please read them carefully. “Use” means accessing the website found on www.askdoctordebt.com (“Website”). You may print this Agreement at any time. This Agreement becomes effective immediately upon commencement of Website use; if you do not agree to these terms do not Use the Website or the Content. “Content” is defined as including, without limitation, information, materials, products, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds, data and other material, information and services that relate to the Website or that can be viewed by Users on the Website.


A. MODIFICATION OF TERMS: ACA reserves the right to change the Terms of Use from time to time without notice to User and the right to modify or discontinue the Website, including any features, at any time with or 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. ACA shall not be liable to User or any third party if ACA chooses to exercise such right. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use. 


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.


C. PRIVACY POLICY 
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.


F. 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.


G. DISPUTES: User agrees that all matters relating to User’s utilization of this website, use of ACA’s Intellectual Property Rights (defined below) or from any information, content, material, or service included on or otherwise made available to User through this website, and any disputes relating in any way to ACA or to services distributed by ACA, 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 laws provisions. User agrees 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. In any action, formal or informal, initiated by ACA to enforce the Terms of Use, ACA will be entitled to costs and attorneys’ fees. If a court finds any provision of the Terms of Use invalid, void, 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.


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.


J. 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 made against ACA related to User’s violation of the Terms of Use or misuse of the Website, except that this provision shall not require user to indemnify, defend and hold ACA harmless for ACA’s own acts of negligence or gross or willful misconduct. 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. User also agrees that any violation by User of these Terms of Use may cause irreparable harm to ACA, for which monetary damages would be inadequate, and User consents to ACA obtaining any injunctive or equitable relief that ACA deems necessary or appropriate in such circumstances.


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.

III.COPYRIGHT USE


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 reprints@acainternational.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:hansel@acainternational.org.

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 
(952) 926-6547
Telephone: 952-928-8000 ext. 129
Email: hansel@acainternational.org

If you are uncertain of your authorization to use any ACA Content or materials, please contact ACA at reprints@acainternational.org



Last Updated February 24, 2015

Find us on FacebookFind us on Twitter

©2017 ACA International. All rights reserved.