Next on the ACA Huddle: AI, Data Security and Privacy Law Developments – The Quarter One Report

Effective Date: 1/1/2025

The Table of Contents allow you to easily scroll to any applicable section in this User Agreement. Please note that this feature does not eliminate your acknowledgement and agreement that you have read and understand the whole agreement. The Table of Contents allows you to easily locate a section for review and clarification.

These summary points provide guidance and general information about each section. This agreement is for all our members, users of our platform, and those who utilize ACA’s goods and services. This agreement sets forth the general requirements for interacting with us and each other. This agreement provides the guidelines for interacting with ACA.

This “User Agreement” is a legal agreement between ACA International, a Minnesota non-profit corporation, together with its affiliates (collectively, “ACA”), and any person that: (a) accesses the ACA Platform; (b) logs into the ACA Secure Site; (c) utilizes any ACA Services; (d) runs, executes or displays any ACA Computer-Based Programs; or (e) views, purchases, displays, accesses, or otherwise utilizes any ACA Content (“User”). By becoming a User, you agree to be bound by and accept the terms and conditions of this User Agreement. If you do not or cannot agree to these terms and conditions, do not proceed to use the ACA Platform, the ACA Content, or the ACA Services. You may print this User Agreement at any time by clicking on the User Agreement link on the Primary Website.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS RELATED TO ACA’S USE OF YOUR INFORMATION. BY ACCESSING THE ACA PLATFORM OR BY USING ACA CONTENT OR ACA SERVICES, WHETHER OR NOT YOU LOG IN TO OUR SECURE SITE, YOU AGREE TO BE BOUND BY THIS USER AGREEMENT AND ITS INCORPORATED DOCUMENTS.

Capitalized terms not otherwise defined throughout this User Agreement (e.g., in quotation marks) shall have the meanings given to them in the Definitions section at the end of this User Agreement. References to “our,” “we,” or “us” refer to ACA. References to “you” or “your” refer to the User, both in an individual and in any representative capacity you may have.

1. GENERAL; MODIFICATIONS TO TERMS OF USE

This User Agreement establishes your general use requirements and obligations associated with your interaction with the ACA Platform, ACA Content, and ACA Services. You may enter into supplemental agreements with ACA, as necessary, to create stricter obligations to protect ACA’s rights in the ACA Content (“Ancillary Agreements”). The Ancillary Agreements are intended to supplement this User Agreement, and any conflict shall be resolved in favor of ACA. ACA may modify this User Agreement at any time in its sole discretion by posting the latest version of this User Agreement on the Primary Website. ACA will use reasonable commercial efforts to provide notice of any material updates. However, you will be responsible for regularly reviewing this User Agreement for updates or changes. Your continued use of or access of the ACA Platform following the posting of any changes to this User Agreement constitutes your acceptance of those changes. ACA may modify or discontinue all or any part of the ACA Platform, ACA Content, or ACA Services at any time, with or without notice. ACA shall not be liable to any User, or any third party, if ACA exercises this right.

ACA prides itself on its content, especially for our members. This section discusses our intellectual property—how you can use and protect our copyright-protected content and how our association trademarks can be used by our members to show participation in our association.

2. INTELLECTUAL PROPERTY; PROPRIETARY RIGHTS

ACA’s Intellectual Property and proprietary information are critical to its role as an association leader. Its protection is vital to ACA’s success in the credit issuing and debt collection industry (“Industry”). The following provisions apply to the use and protection of ACA’s Intellectual Property and the ACA Platform, ACA Content, and ACA Services.

2.1 Ownership

Except as set forth herein or otherwise agreed to in writing by ACA, by becoming a User, you acknowledge and agree that all ACA Content is the exclusive property of ACA. ACA is the sole owner of all ACA Content and all its associated Intellectual Property, including all Copyrights and Trademarks, whether specifically recognized or perfected under the laws of the jurisdiction in which the Intellectual Property is used or licensed. ACA Content may not be copied, reprinted, modified, altered, enhanced, or in any way presented or distributed to any other party who is not the intended User without the prior written permission of ACA. User will not take any action that violates, infringes upon, interferes with, or jeopardizes ACA’s rights in its Intellectual Property. Unless otherwise agreed to in writing by ACA, ACA owns all rights, title, and interest in and to any copy, translation, modification, adaptation, or derivation of the ACA Content, or other item containing any of the Intellectual Property, in whole or in part, including, but not limited to any improvement or development thereof. User agrees to execute any instrument that may be necessary to perfect ACA’s rights in its Intellectual Property.

2.2 Copyright Policy

Notwithstanding any supplemental provisions included within any Ancillary Agreements, this section sets forth ACA’s general “Copyright Policy” that applies to all ACA Content. This Copyright Policy includes the rights granted by ACA to certain groups of Users as outlined in this section below. Any other use of ACA Content by a User without ACA’s prior written consent is strictly prohibited. Any rights not specifically granted herein are reserved by ACA. Subject to the terms and conditions of this Copyright Policy and the User Agreement, ACA hereby grants to Users a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use the ACA Content in the following pre-authorized ways (“General Copyright License”):

1. User may access and use the ACA Platform and view any ACA Content accessible by User for personal, informational, non-commercial purposes only. A User’s level of access to ACA Content is determined by the User’s form of ACA membership and/or by written agreement between User and ACA, and is generally demonstrated by the grant of access ACA gives to each User upon utilizing the ACA Platform;
2. User may purchase any ACA Content that is offered for sale by ACA and subscribe to any ACA Services offered on the ACA Platform;
3. User may repost any ACA Content that is publicly available to view on the ACA Platform without requiring a password (“Public Information”) as a non-commercial electronic distribution, such as sharing as a bulletin over an employer or social network, provided that:
   1. the ACA Content must be (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 (B) provided as a hyperlink to the exact location of the ACA Content on the ACA Platform; and
   2. the ACA Content must include the following, or a substantially similar, “Copyright Legend”:[description of the ACA Content] – e.g., © [insert year of publication as provided by ACA] ACA International. All rights reserved. Reprinted from [insert name of publication] with permission from ACA International (“ACA”). This information is provided by and solely owned by 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 .
4. User may print one (1) copy of any ACA Content accessible to User based on their level of access for noncommercial, internal company use only provided that it remains at User’s place of business, or if it leaves User’s place of business for any reason, it is kept in the control of User without disclosure to any third party until destroyed;
5. User may reprint and distribute any ACA SearchPoint® documents but only if:
   1. User is a Member or employee of a Member;
   2. the documents are reproduced and distributed in their exact form;
   3. the documents are distributed only to another Member or employee of a Member; and
   4. the recipient is informed they have no licensed copyrights in ACA SearchPoint® documents.
6. The following additional restrictions apply to a User’s use of ACA Content pursuant to this General Copyright License:
   1. Except as expressly authorized by the General Copyright License, User may not copy, reprint, quote, or otherwise reproduce any ACA Content without ACA’s written permission, which can be requested by sending a request to ACA at with the title, source, and User’s desired use of the ACA Content. If User has obtained written permission from ACA to display or reproduce any ACA Content, User must provide the above Copyright Legend with the ACA Content each time it is provided to anyone other than User;
   2. User may not copy or post ACA Content on any networked computer or broadcast it in any media except as expressly permitted by this General Copyright License or as authorized by written agreement between User and ACA;
   3. User may not remove any proprietary notice or legal disclaimer language in any copies of ACA Content;
   4. User may not be paid, or otherwise profit, from the use of any ACA Content or from any output produced using it;
   5. User may not promote any commercial activity using the ACA Content;
   6. User may not present the ACA Content as legal advice or make any additional representations or warranties relating to the ACA Content; and
   7. User may not create a derivative work of the ACA Content.

ACA may disclose information about a 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 ACA Content, or to identify, contact or bring legal action against someone who may be causing injury to or interference with ACA or Members’ rights or property as may be necessary. 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 ACA Platform, ACA Content, or ACA Services, and may disclose such data if required to do so by law, or if ACA determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this General Copyright License; (c) respond to claims that 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.

User understands and agrees that ACA may, in its sole discretion and without prior notice, terminate User’s access to the ACA Platform, ACA Content, or ACA Services, and block User’s future access to the same if ACA determines that User has violated this General Copyright License or other agreements or guidelines applicable to User. ACA will not be liable to User or to any third party for Termination of User’s access to the ACA Platform, ACA Content, or ACA Services due to a violation of this General Copyright License. User also agrees that any violation by User of this General Copyright Policy will constitute an unlawful and unfair business practice, and will cause irreparable harm to ACA, for which monetary damages would be inadequate. User 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.

Have a question about ACA’s Copyright Policy or need to report suspected unauthorized use? Please contact ACA’s Legal Department by sending a message to

If you are uncertain whether any ACA Content is publicly available to view, you should inquire by sending a message specifying the ACA Content to .

2.3 Trademark Policy

Notwithstanding any supplemental provisions included within any Ancillary Agreements, this section sets forth ACA’s general “Trademark Policy.” If ACA and a User enter into separate terms or agreements that conflict with this Trademark Policy, the stricter provision shall prevail.

This Trademark Policy includes the rights granted by ACA to certain groups of Users as outlined in this section below. Any other use of ACA Trademarks by a User without ACA’s prior written consent is strictly prohibited. Any rights not specifically granted herein are reserved by ACA.

Member License for Association Marks. Subject to the terms and conditions of this Trademark Policy and the User Agreement, ACA hereby grants to Members only, and not to any of their affiliates, subsidiaries, parents, or related companies or to any non-member or other third party, a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use ACA’s Association Marks in accordance with the following guidelines (“Member License”):

1. Member may display the Association Marks with the word “Member” or some other statement of membership printed adjacent to the Association Mark(s) on Member’s materials when identifying themselves as Members of ACA (“Display Rights”), provided that:
   1. the Display Rights shall only be allowed in connection with the Member’s use within the Industry; and
   2. Member may not modify Association Marks from the form utilized by ACA, which can be found on the USPTO website for the Registered Marks and as displayed by ACA on the ACA Platform, except to size them up or down with their same proportion to fit the layout of the display (significant enlargement will result in distortion and is not an authorized use). If a Member needs to significantly enlarge the Association Marks, the Member should contact ACA for a file to fit their specific need;
2. Member must include the following, or a substantially similar, “Trademark Legend” on any page that displays the Association Marks:

   The image below provides examples of how to display our Association Marks on your website. Don’t forget that this use is for the benefit of Members. If your membership lapses, any reference to your status as a Member must be removed from your material.

   “All ACA trademarks and service marks are owned by ACA International”
   
   [Agency Name] is a Member of ACA International

3. any Association Mark placed on a Member’s website must be a clickable link from the Association Mark to the Primary Website. Member is granted a nonexclusive, limited, revocable right to display the Association Marks with an embedded URL link to the Primary Website solely to provide Member’s end users with quick access to the Primary Website by transferring the end user out of the Member’s website to the Primary Website. The link may not be used to provide third parties access to any materials, such as commercial products, posted by the Member or any party other than ACA, via any framing, layering, or other techniques now known or hereafter developed that misrepresent an affiliation between any non-ACA goods and/or services to the ACA Platform;
4. Association Marks may not be used in association with any business names or locations, including, but not limited to, branch offices, other than the name and location listed on the Member’s membership record with ACA;
5. companies that employ individuals who are themselves individual Members are not permitted to use the Association Marks, unless the company also holds an ACA membership;
6. Member may not use any trademark, service mark, trade name, insignia, or logo that is confusingly similar to the Association Marks;
7. Member may not create modifications or derivatives of the Association Marks;
8. Member must comply with all applicable laws and regulations, and any applicable policies and procedures of ACA that are incorporated into this Member License by reference, while using the Association Marks; and
9. any use of the Association Marks permitted by this Member License and any goodwill derived from a Member’s use of the Association Marks shall inure to the benefit of ACA.

The term of the Member License starts on the date the Member becomes a Member of ACA and ends on the date the membership’s Expiration, unless sooner Terminated. The following shall be considered examples of a material breach and qualify for immediate Termination: (a) misuse of the Association Marks or other ACA Trademarks; (b) immediately in ACA’s sole discretion based upon ACA’s belief that an Member no longer upholds the principles or reputation associated with ACA’s Code of Conduct (set forth below) or Industry standards; or (c) upon ACA’s written notice to terminate the Member License for Member’s breach of this User Agreement or violation of any of ACA’s policies and procedures.

Upon Termination, the Member License and Display Rights shall immediately cease, and all rights shall revert to ACA. The Member must thereafter destroy any of Member’s materials incorporating the Association Marks or other ACA Trademarks or remove any reference to same therein, and not refer to itself as a Member. ACA maintains quality control of the Association Marks. Member agrees to maintain a high quality of all its products and services in connection with its use of the Association Marks including, but not limited to:

1. providing its products and services in accordance with ACA’s Code of Conduct;
2. maintaining an active membership with ACA at all times while using the Association Marks;
3. cooperating with ACA to maintain quality control of the Association Marks, including allowing ACA to inspect and evaluate Member activity for compliance with the quality requirements under this Trademark Policy; and
4. cooperating with ACA’s quality control instructions, including updating lapsed membership or immediately removing the Association Marks upon notice from ACA that the Association Marks are being used in an unauthorized manner.

ACA shall have the right to audit any use of the Association Marks to confirm compliance with this Member License and Member shall fully cooperate with ACA. ACA may take legal action for misuse of the Association Marks, including use after cessation of membership. ACA shall use reasonable efforts to contact a former Member to renew membership prior to taking such legal action, but ACA is under no obligation to do so.

Designation License for Designation Marks. ACA offers several designation programs used to demonstrate exceptional skill within certain subject areas in the debt collection and credit issuing Industry (“ACA Designation Program(s)”). The criteria for each ACA Designation Program are set forth in the section of our Primary Website pertaining to designations (“Criteria”). Upon completion of the Criteria, ACA hereby grants to the individual or entity that has completed the applicable Criteria (“Designated User”), a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable license to use ACA’s Designation Marks in accordance with the following guidelines (“Designation License”):

1. Designated User may display any Designation Mark along with a statement that the Designated User has completed the corresponding ACA Designation Program (“Designation Mark Display Rights”), provided that:
   1. the Designation Mark Display Rights shall only be allowed in connection with the services associated with each applicable ACA Designation Program; and
   2. Designated User may not modify Designation Marks, except to size them up or down with their same proportion to fit the layout of the display (significant enlargement will result in distortion and is not an authorized use). If a Designated User needs to significantly enlarge the Designation Marks, the Designated User should contact ACA for a file to fit their specific need;The images below provide examples of some of ACA’s Designation Programs.

   The images below provide examples of some of ACA’s Designation Programs.

   
   
   
   
   
   
   

2. Designated User may not in any way, directly or indirectly, misrepresent that any ACA Designation Program is controlled or provided by Designated User;
3. Designated User may not use any trademark, service mark, trade name, insignia or logo that is confusingly similar to the Designation Marks;
4. Designated User may not create modifications or derivatives of the Designation Marks;
5. Designated User shall comply with all applicable laws and regulations, and any applicable policies and procedures of ACA that are incorporated into this Designation License by reference, while using the Designation Marks; and
6. any use of the Designation Marks permitted by this Designation License and any goodwill derived from the Designated User’s use of the Designation Marks shall inure to the benefit of ACA.

The term of the Designation License starts on the date the Designated User becomes designated in the specific ACA Designation Program and ends on the date the Designated User’s designation in the ACA Designation Program lapses, unless sooner Terminated. The following examples shall be construed a material breach and qualify for immediate Termination of the Designation License:

1. upon misuse of the Designation Marks;
2. immediately in ACA’s sole discretion based upon ACA’s belief that the Designated User no longer upholds the principles or reputation associated with the ACA Designation Program or Industry standards; or
3. upon ACA’s written notice terminating the Designation License for Designated User’s breach of this User Agreement or violation of any of ACA’s policies and procedures.

Upon Termination, the Designation License and Designation Mark Display Rights shall immediately cease, and all rights shall revert to ACA. The Designated User must thereafter destroy any of Designated User’s materials incorporating the Designation Marks or remove any reference to same therein, and not refer to itself as a Designated User.

ACA shall have the right to audit any use of the Designation Marks to confirm compliance with this Designation License and Designated User shall fully cooperate with ACA.

ACA may take legal action for misuse of the Designation Marks, including use after cessation of designation in the specific ACA Designation Program. ACA shall use reasonable efforts to contact a former Designated User to renew designation prior to taking such legal action, but ACA is under no obligation to do so.

Have a question about ACA’s Trademark Policy or need to report suspected unauthorized use? Contact ACA’s Legal Department by sending a message to

As a member of ACA, it is important that the information we provide to our Members through our Secure Site is properly protected by our Members. This section discusses how our Member-Only content should be protected.

3. EXCLUSIVE MEMBERS-ONLY CONTENT

Users that are Members receive access to supplemental information and exclusive member benefits relevant to the Industry on the ACA Platform, much of which is specifically designated as Members-only content and is only accessible by having a Member Account to log in to the Secure Site within the ACA Platform (“Members – Only Content”). Members hereby acknowledge that Members-Only Content is the sole property of ACA and is included within ACA Content. Organizational Members may authorize access to Members-Only Content for those employees of the Member that the Member has designated to ACA as their Authorized Users, provided each Authorized User is identified in the ACA user roster for the Member and assigned an Account that is only used by a single Authorized User. By accessing Members-Only Content, each Authorized User and corresponding organizational Member are jointly and severally liable for any breach of this User Agreement. Members must maintain an up-to-date and accurate Authorized User roster with ACA. Rosters must timely reflect changes regarding inactive email addresses and Authorized Users who have separated from employment with the Member. Additions, deletions, and modifications to a Member’s information, and user roster, must be made by the Member’s designated contact. Organizational Members may not add a non-employee to its Authorized User roster or allow non-employees to gain access to Members-Only Content through the Member’s Account. If a Member learns that an Authorized User on its user roster has improperly accessed or disseminated information originating from ACA in violation of this User Agreement, the Member must report the event to ACA immediately and take appropriate corrective action, which includes, but not exclusively:

1. preventing further unauthorized access;
2. issuing notice to all known and suspected unauthorized recipients of the information;
3. providing to ACA a description of the disclosure and a list of all known recipients of the disclosed Members-Only Content;
4. destroying or returning all information improperly retrieved or disseminated; and
5. cooperating with ACA in such a manner as ACA determines is appropriate under the circumstances to avoid further harm.

4. PERSONAL LOGIN INFORMATION

Certain features and areas of the ACA Platform, including the Secure Site, are available only with registration, log-in, and paid membership or subscription. To access the Secure Site on the ACA Platform, each Authorized User must create a unique account with a username, password, and other information and registration data provided to ACA in connection with use of the ACA Platform (“Account”). Each Account is personal to a single user, and the data associated with your Account is considered “Personal Information” within ACA’s Privacy Policy. You may not transfer or share your Account with anyone, and you must use your best efforts to control use of your Account. ACA reserves the right to immediately terminate your Account in the event of any unauthorized transfer or sharing by you. By creating an Account, you acknowledge that you are at least eighteen (18) years of age. You further represent that any information provided in association with the Account is true and accurate, is personal to you, and is not shared with any other person. You agree that you will maintain, keep confidential, and update your Account as required to keep it current, secure, complete, and accurate. You are solely responsible for maintaining the confidentiality of your Account, and for all statements made, and acts or omissions that occur in connection with use of the Secure Site. ACA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Account. If you know or suspect that your information has been compromised, you should promptly report any such suspected or known breach to ACA.

Your information and privacy are important. You can find the terms or our privacy policy below.

5. PRIVACY POLICY

ACA has established a “Privacy Policy” for Users of the Primary Website, whether through the publicly available content or the Secure Site. ACA’s Privacy Policy, which includes important information about how we classify and use your information, including, but not limited to your Personal Information, that can be reviewed on the ACA Platform and is incorporated into this User Agreement by reference. By using the ACA Platform, you agree to be bound by the Privacy Policy. Certain defined terms included in this User Agreement derive from the Privacy Policy and vice versa.

6. USER-GENERATED CONTENT (“UGC”)

ACA offers various ways for Members to become involved with ACA, provide content to ACA, and interact with other Members through ACA, ACA Content, ACA Services, and the ACA Platform. This includes, but is not limited to:

1. providing content within Members-only community forums, including, but not limited to ACA’s online community available at “The Hub” (more specifically discussed below) on the ACA Platform;
2. becoming involved in ACA committees by submitting a written request to ACA to serve on a committee and ACA providing written acknowledgement of acceptance of User as a committee member (“Committee Member”);
3. speaking at an ACA Event (“Speaker”); and
4. providing content for ACA Publications.

By providing UGC in connection with your involvement with ACA, you understand and hereby grant to ACA a non-exclusive, irrevocable, royalty-free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, sublicense, create derivative works, integrate into commercial works, sell, offer for sale, and otherwise use the UGC for any purpose, whether alone or in conjunction with other materials, through third-parties or as part of ACA Publications, regardless of the form or medium, whether now known or later developed, in which it is used (“UGC License”). The duration of the UGC License shall be limited to the length of the copyright term for each copyright contained within the UGC.

For as long as the UGC is protected by copyright under United States or other copyright law, you hereby represent and warrant that:

1. you own or otherwise control all of the right, title, and interest in and to the UGC;
2. the UGC is accurate;
3. use of the UGC does not violate this User Agreement, any other ACA policy or procedure, or any third-party rights and will not cause injury to any person or entity;
4. the UGC is not confidential, proprietary, or in any way restricted from disclosure by you, and is not related to an unsolicited idea or proposal;
5. no additional permissions, clearances, assignments, or licenses are necessary to give full effect to the UGC License;
6. the UGC does not contain any slanderous or libelous material, and does not invade or violate any person’s right of privacy or publicity; and
7. you will indemnify, defend, and hold harmless ACA for all claims related to the UGC.

ACA Creates a forum for our community to speak up and discuss what is important. Each User should be respectfil and speak with integrity, which includes following our association’s code of conduct.

7. USER OBLIGATIONS AND CONDUCT

Your use of the ACA Platform is subject to all applicable laws and regulations. By using the ACA Platform, you warrant that you will abide by, without limitation, all applicable local, state, national, and international laws and regulations with respect to your use of the ACA Platform and not interfere with the use and enjoyment of the ACA Platform by other Users or with ACA’s operation and management of the ACA Platform. You further warrant that your use of the ACA Platform and of any data input into or generated by the ACA Platform shall comply with all applicable laws and regulations. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any of your violations or lack of rights. You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the ACA Platform, including information required to be provided through an online ACA registration or application form. If you submit any false, inaccurate, untrue, unauthorized, or incomplete information, ACA reserves the right to terminate your access and use of the ACA Platform. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the ACA Platform, or defame or otherwise harm any party through your use of the ACA Platform. You also agree to abide by the ACA Code of Conduct.

ACA Code of Conduct
All Members, during active membership, agree to abide by the “ACA Code of Conduct” which is defined to include the latest Code of Conduct included , which is incorporated herein by reference. The ACA Code of Conduct is updated regularly, and each updated version shall be incorporated herein to include the most recent version. You acknowledge and agree that any reports of noncompliance shall be handled in accordance with the Association’s Ethics Committee Rules, which are attached and incorporated by reference.
In addition, you agree that you will not use the ACA Platform to:

1. upload, download, share, post, or otherwise distribute or facilitate distribution of ACA Content or UGC that:
   1. is, or is used in a manner that is, illegal, harmful, abusive, harassing, tortious, vulgar, obscene, threatening, defamatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
   2. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, without limitation, inside information, proprietary, and/or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   3. is infringing of intellectual property or proprietary rights or otherwise injurious to third parties;
   4. consists of or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
   5. consists of or includes any political campaigning, advertising or promotional materials, chain letters, junk mail, mass mailings, pyramid schemes, spam, or any other form of solicitation; or
   6. includes a false email address, impersonates any person or entity, or otherwise misleads as to the origin of the content;
2. collect or store personal data of other Users of the ACA Platform;
3. intentionally disrupt or interfere, whether directly or indirectly, with the ACA Platform in any manner that may adversely affect ACA or any User of the ACA Platform; and
4. intentionally or unintentionally violate any applicable local, state, national, or international law or regulation

ACA reserves the right, but has no obligation, to remove or edit any objectionable UGC. If you post objectionable UGC, ACA may, at its sole discretion, immediately remove any such objectionable UGC, with or without notice, and terminate your access to the ACA Platform and/or ACA Services, or otherwise restrict your access to ACA Services.

In today’s world, electronic communication is standard. We strive to communicate electronically in lieu of providing paper, where possible. Below is the information regarding how we communicate electronic and via email.

8. ELECTRONIC COMMUNICATIONS

Consent to Communicate Electronically. By providing your email address and/or telephone number to ACA, you consent to receive communications electronically from ACA, and its subsidiaries, affiliates, agents, and service providers, regarding your use of the ACA Platform, ACA Content, and ACA Services, including, but not limited to marketing materials, through any medium associated with the Personal Information provided on the ACA Platform by you, even if you are not a Member. This consent applies to all communications provided to you, including marketing, advertising, promotional and other messages related to products, events, or services. ACA will communicate with you electronically by email, text message, or by posting notices on the ACA Platform. You agree that all agreements, notices, disclosures, and other communications that ACA provides to you electronically satisfy any legal requirement that such communications be in writing. If your information changes, please let us know.

Autodialed and Prerecorded Voice Calls; Text Messages. By providing your telephone number, you are providing express written consent to receive communications from ACA, and its subsidiaries, affiliates, agents, and service providers, related to any product, event, service, or other aspect of your relationship with ACA or for any other purpose, including, but not limited to, marketing various products, events, or services from both ACA and companies with which ACA has joint marketing or similar agreements. Additionally, you agree to receive communications from ACA regarding or relating to any ACA Content or ACA Service, and any information you may have obtained via your use of the ACA Platform. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email, or other similar means. You understand that you are not required to provide this consent as a condition to use the ACA Platform or to obtain any good or service. Message and data rates may apply. Message frequency will vary.

Withdrawing Consent. You may withdraw any part of your consent or update any of your information by emailing ACA at . Any withdrawal of your consent will be effective after we have a reasonable time to act on your request.

Hardware and Software Requirements. By consenting to receiving communications electronically, you acknowledge that you have access to the necessary hardware and software required 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 program. ACA will notify you if there is any change in hardware or software requirements that could impact your ability to access electronically formatted documents. Your continued use of electronic documents thereafter will serve as your reaffirmation that you have the necessary hardware and software to view such documents. As long as your consent is valid, you understand you must notify ACA of any change in your email or telephone number. If, at any time, you no longer have access to the necessary hardware or software, you agree to update your communication contact information by submitting a request through the ACA Platform. You are solely responsible for any failure to provide ACA with updated contact information.

Paper Copies. Upon your request, and at no cost to you, we will send you a paper copy of any communication or other disclosure required by law that was provided to you electronically. To request a paper copy of any such document, please send your request to ACA at . ACA will mail you a paper copy of any of the documents originally delivered in electronic format within a reasonable period following your request. You may also contact us at to withdraw your consent to electronic communications. No fees will be assessed against you if you choose to withdraw your consent.

Communications in Writing. All communications in electronic format from us to you will be considered “in writing” and will be given the same legal effect as communications delivered in paper format. You should print or download for your records a copy of this consent and any other communications you receive electronically that are important to you.

Electronic Signatures. By using the ACA Platform, you agree to transact electronically through the ACA Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse, or other device to select or click an item, button, or icon, check a box, type your name in a signature box, or similar act, constitutes your signature as if physically signed by you in writing. You acknowledge that by taking such action, you are indicating your understanding of and intent to sign the relevant document or record. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.

9. PRODUCT PURCHASES

Fees and Payments. Users can renew or apply for membership, purchase specific ACA Services or ACA Content through a tangible order form, request a purchase over the phone with an ACA representative, or order items offered for sale on the ACA Platform (“Purchase Order”). Each Purchase Order will set forth the fee for each item ordered (“Fee”). Each such Purchase Order is incorporated by reference into this User Agreement. If User incurs a Fee by Purchase Order or otherwise, User agrees to pay the Fee to ACA in full on the date of submission of the Purchase Order (“Order Date”) unless otherwise specified in the Purchase Order. ACA will bill all Fees to User’s credit card or other payment method accepted by ACA in its sole discretion that is 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 notify ACA of any changes to such information within five (5) calendar days of the change. If User’s credit card company refuses to pay the Fee or User’s payment method fails for any other reason, User agrees that ACA may require User to pay any unpaid amount due upon written demand by other means acceptable to ACA. If legal action is necessary to collect any Fees due, you agree to reimburse ACA for all expenses incurred to recover the past-due Fees, including collection fees, attorneys’ fees, and other expenses. Fees more than 30 days past due will accrue interest after the due date at a rate of 1.5% per month (18% A.P.R.), or the highest contract rate permitted by law, whichever is less.

You may receive an electronic or other order confirmation following your request to purchase an ACA Service or ACA Content by Purchase Order or otherwise. This does not signify our acceptance of your Purchase Order or constitute confirmation of our offer to sell or otherwise provide access to the requested ACA Service or ACA Content. We reserve the right at any time after receipt of your Purchase Order and prior to providing you with the requested ACA Service or ACA Content to accept, decline, or limit your Purchase Order (including by modifying the quantity of any item you ordered) for any reason, without prior notice to you, whether your credit card or other payment method has been charged. However, if your credit card or other payment method has been charged and your Purchase Order is canceled by ACA, you will receive a prompt refund credit to your account.

Product Descriptions. ACA attempts to be as accurate as possible when describing its products and services. However, ACA does not warrant that product descriptions or other ACA Content is accurate, complete, reliable, current, or error-free. If a product or service offered by ACA is not as described, your sole remedy is to return the product in unused condition. We are continuously updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide availability information for any of our products or services, you should not rely on such information as a guarantee of availability, and we will not be liable for any lack of availability of products or services that you may order through the ACA Platform or otherwise. All pricing for the products and services available on the ACA Platform is subject to change at any time. We reserve the right to adjust our pricing and product offerings for any reason, including due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements, and other extenuating circumstances.

ACA offers many types of products and services that involve different types of interaction, Below are some of the additional requirements that apply to our subscriptions, community forums, and Computer-Based Programs.

10. ADDITIONAL SERVICES, SUBSCRIPTIONS, AND LICENSES

10.1 Social Interaction on the ACA Platform

Certain portions of the ACA Platform, including, but not limited to the Hub, allows Members and/or Users to pose questions, solicit and offer suggestions, benefit from the experience of peers, and contribute to ongoing conversation about issues of concern to the community on the ACA Platform (“Interact”). The ACA Platforms are monitored, but unmoderated forum(s). To ensure the best possible experience for all Users, some basic guidelines for participation are set forth below. Users of the ACA Platform must participate responsibly.

Community Purpose. The content maintained on any portion of the ACA Platform is intended for the exclusive use of Users in protecting and advancing their individual and collective Industry interests consistent with ACA’s mission and values. Users commit to uphold and protect this purpose while using and Interacting with the ACA Platform. Members further acknowledge and understand that their failure to do so may constitute a violation of the ACA Code of Conduct, which is additionally actionable against Members by the ACA Ethics Committee. Users that are not Members are expected to use the ACA Code of Conduct as a guideline for the expected behavior on the ACA Platform. Users will not use any content derived from the ACA Platform to the prejudice of fellow Users. Users may not furnish or aid in furnishing any such content to any individual or entity representing other Industry or legal interests that are contrary to this purpose or ACA’s mission and values.

10.2 The Hub

Community Etiquette. The following community etiquette guidelines apply to use of The Hub:

1. The discussions and comments are meant to stimulate conversation. Challenge others’ viewpoints respectfully.
2. Post only to the most appropriate lists or libraries.
3. State concisely and clearly the discussion topic in the subject line; this allows others to respond appropriately to your posting and makes it easier to search The Hub archives by subject.
4. Include a signature tag on all messages indicating your name, affiliation, and location.
5. When replying to a message:
   1. Include only relevant portions of the original message in your reply; delete unnecessary header information and insert your response before the original posting;
   2. Refrain from posting messages that merely agree with previous messages; and
   3. Send a message to the entire list only when you believe it contains information everyone may benefit from. Send direct messages such as “thanks for the information” or “me, too” to individuals, not to the entire list by using the “Reply to Sender” link.
6. Do not forward automated e-mail notifications sent to you from The Hub. Forwarding an email notification to a non-member is prohibited and may also allow recipient access to your individual account.
7. Refrain from making political endorsements or inappropriate political statements.
8. The Hub is not intended as a job posting board for job openings or employment availability.
9. Do not post administrative messages, such as “remove me from the list” to The Hub. Instead, log in to your Account to change your settings or to remove yourself from a list. If your e-mail address has changed, simply change your settings.
10. Portfolios available for sale may only be posted within the Asset Buying discussion group and must contain the information listed in this section. Portfolio bids must be provided directly to the portfolio seller and not to the entire list, and should include the following information: (i) Portfolio description (please limit to 250 words); (ii) Seller’s Full Name; (iii) Seller’s contact information (phone/e–mail); (iv) Portfolio Type (e.g., Automobile, Commercial Paper, Consumer Loans, Credit Cards, Healthcare Receivables, Lease, Mortgages, Mixed, Pay Day Loans, Student Loans, Telecom, or Utility); (v) Number of Accounts; (vi) Face Value; (vii) In/Out-of-Statute Status; and (viii) National/Regional/Single-state.
11. Except for debt portfolio posts within the Asset Buying discussion group as noted above, do not post commercial messages to The Hub. The Hub is not intended for the promotion of specific products, services, websites, events, individuals, or companies. Contact Members directly with product and service information if you believe it would assist them.

Hub Community Rules. The following community rules apply to use of The Hub:

1. ACA does not review the background of any Member using The Hub. ACA is not responsible for and does not endorse or approve any opinions, information or other content posted to The Hub by others. Members are solely responsible for determining the truth or validity of any statements made on The Hub. ACA is not responsible for your or any others’ use of the material posted on the Hub. Views presented are not the views of ACA unless they are made by an authorized representative.
2. As with any online discussion forum, The Hub should not be regarded as a secure system and should not be used for confidential communications. Access to create a Hub profile is provided only to Members, log-in is required to post online to discussion groups, and these terms require each Member to uphold the expectations set forth in this User Agreement. Despite these reasonable controls, it is possible for Members to improperly share information from The Hub and there are no reasonable means to monitor whether improper sharing occurs.
3. Forwarding or distributing in whole or in part any messages, materials, or other information maintained on The Hub to nonsubscribers, including non-members of ACA, is prohibited.
4. Impersonating another is prohibited.
5. Posting any defamatory, abusive, profane, threatening, offensive, or otherwise illegal UGC is prohibited. Discussion within The Hub is subject to ACA’s Anti-Harassment Policy.
6. Use caution when discussing another’s business, products, or services. Inappropriate UGC may be subject to state and federal privacy, publicity, defamation, criminal, and antitrust laws and regulations.
7. Conduct on The Hub is subject to ACA’s Antitrust Policy. Do not post UGC that may encourage or facilitate Members to engage in any activity or discussion for the purpose of bringing about any understanding or agreement to: raise, lower, or stabilize prices; regulate production; allocate markets; encourage group boycotts; foster unfair trade practices; assist monopolization; engage in any standardization which will injure competitors; or violate federal or state antitrust laws. To this end, do not use The Hub for discussing pricing or anything which may affect prices such as costs, discounts, terms of sale, salaries, wages, profits or profit margins; uniform terms of sale, warranties, or contract provisions; division of customers or territories; or future pricing, marketing, expansion, policy, or other plans with a competitive overtone. The Hub may not be used in furtherance of illegally putting another competitor at an unfair disadvantage.

Hub Violations. ACA may, but does not assume, the obligation to actively monitor The Hub for inappropriate postings and does not on its own undertake editorial control of postings. However, in order to preserve a climate that encourages civil and fruitful dialogue and to protect Members, ACA reserves the right and discretion to take action in response to any suspected violation of this User Agreement that ACA becomes aware of, which may include: posting moderation; UGC removal; access suspension or termination; issuance of private or public warnings; notification to the ACA Ethics Committee of inappropriate conduct; referral to law enforcement, or other appropriate action as may be warranted by the prohibited conduct. These rights shall not limit any other rights available to ACA in law or equity.

Have a question about The Hub or need to report a Hub violation? Contact ACA’s Communications Department by sending a message to .

10.3 Subscription Products

General Terms

ACA hereby grants a limited access license to certain products, services, and bundles offered on the ACA Platform upon payment of each applicable predetermined Fee (“Subscription Products”) for a time period specified within each applicable Purchase Order, unless otherwise Terminated (“Subscription Term”), whereby the terms of the license are as set forth within this section, as applicable to each Subscription Product (“Subscription License”). The terms in this General Terms section apply to all Subscription Products and are included in the Subscription License hereby granted by ACA for use of each Subscription Product throughout the period of each applicable Subscription Term.

1. Access to Subscription Products is solely granted to “Subscribers” which includes the number of Users authorized through a Purchase Order, whether individually, by bundles or tiers, or organizationally. By submitting a Purchase Order, User represents and warrants that it is authorized to submit a Purchase Order on behalf of the Subscriber(s) and will limit access to its Subscribers that have been authorized in the Purchase Order. Sharing Subscription Product access with non-Subscribers is strictly prohibited and shall be treated as a material breach and allowance for Termination.
2. An organizational Subscriber or a Subscriber of a tiered subscription who submits the Purchase Order for a Subscription Product represents and warrants that he/she/they/it is authorized to bind any representative given access as a Subscriber to the terms of the User Agreement. User shall be jointly and severally liable for any claims against any Subscriber that is authorized by an organizational Subscriber or a Subscriber of the tiered subscription.
3. In the event a Subscriber is a Member, and the membership is Terminated during the Subscription Term, ACA may, at their sole discretion, require each Subscriber to pay the difference between the non-member price and the Member price for any active Subscription Products, or ACA may revoke access to the Subscription Product.
4. ACA reserves the sole right to cease offering any or all the Subscription Products at any time. User agrees that ACA shall have no responsibility for the cessation of any Subscription Products.
5. Subscribers are granted this Subscription License, which includes a limited right to access, display, and run (where applicable) the Subscription Product during the Subscription Term. The Subscription License DOES NOT include any right to download, copy, disassemble, decompile, reverse engineer, make screen shots, create derivate works, register for copyright protection, share, or otherwise claim any form of ownership in the Subscription Product; no ownership rights are hereby granted within the Subscription License; and users represent and warrant that any use by them that is not expressly stated herein shall be the sole responsibility of each user.

All-Access Training Zone

In addition to the general terms above, the “All Access Training Zone” is a Subscription Product granted to the number of Subscribers chosen on the Purchase Order, which includes a Subscription License for each Subscriber to specific education programs referred to as “ACA Core Curriculum” on the ACA Platform, and all available “Hot Topic Webinars” that are available on the ACA Platform for the Fee set forth on the Purchase Order, throughout the Subscription Term.

ACA’s Guide to State Collection Laws & Practices Cohort

The ACA’s Guide to State Collection Laws & Practices Cohort Subscription (“State Subscription”) is a Subscription Product granted to the individual or organization Subscriber listed on the Purchase Order, which includes a Subscription License for each Subscriber to: the ACA’s Guide to State Collection Laws in its electronic version available on the ACA Platform; Subscriber access to a monthly webinar; and Subscriber access to a designated Hub discussion group and articles exclusive to State Subscription Subscribers throughout the Subscription Term.

Pulse

The “Pulse Subscription” is a Subscription Product granted to the individual or organization Subscriber listed on the Purchase Order, which includes a Subscription License to a monthly digital publication entitled “Pulse” that is published by ACA and contains information related to health care collection agencies to each Subscriber throughout the Subscription Term.

State Legislative Tracking Action Network

“STAN” is a Subscription Product granted to the individual or organization Subscriber listed on the Purchase Order granting a Subscription License to ACA’s State Tracking Action Network system, or STAN, which is a 50-state bill tracking and search system on the ACA Platform that tracks certain credit and collection industry bills deemed to be particularly relevant to the credit and collection industry, throughout the Subscription Term.

10.4 Computer-Based Programs

ACA provides Computer-Based Programs for use by Users. By using a Computer-Based Program, whether as a Member benefit as part of ACA membership, through a separate Purchase Order, or as otherwise made available through the ACA Platform, User hereby agrees to be bound by the Subscription License and the supplemental CBT License further detailed in this section. By submitting a Purchase Order containing a request to access a Computer-Based Program (“Selected CBT”), User and any additionally purchased authorized representative(s) included on the applicable Purchase Order (“CBT User(s)”) agrees to the terms of the CBT License set forth in this section. Upon payment of the Fees for the Selected CBT, ACA hereby grants this “CBT License” to the CBT User(s) and CBT User hereby agrees:

1. ACA hereby grants to each CBT User a limited, revocable, personal, non-exclusive, non-transferable, non-assignable, non-commercial, royalty-free, with no right to sublicense, right to run, execute, and display the Selected CBT from the Order Date through period of either ninety (90) days or twelve (12) months from the Order Date as specified on the Purchase Order (“CBT Term”);
2. User who submits the Purchase Order represents and warrants that he/she/they/it is authorized to bind any CBT User that is authorized by User to the terms of this CBT License and User shall be jointly and severally liable for any claims against a CBT User;
3. this license DOES NOT include any rights that are not specifically granted, including, but not limited to, any ownership rights in the Selected CBT, the associated Intellectual Property or any derivative works, or any right to copy or otherwise modify, disassemble, reproduce, translate, update, distribute, decompile, reverse engineer, sell, offer for sale, sublicense, or modify the Selected CBT;
4. any unauthorized use of a Selected CBT is strictly prohibited, is a violation of ACA’s Intellectual Property rights that may result in criminal or civil penalties, and immediately terminates the CBT License;
5. this license does not include any support services; and
6. this is a license, not a sale.

In the event a CBT User is a Member and their ACA membership is Terminated during the CBT Term, ACA may, at their sole discretion, require each CBT User to pay the difference between the non-member price and the Member price for any active Subscription Products, or ACA may revoke access to the Selected CBT.

Upon Termination of the CBT License, access to the Selected CBT will be revoked and no Fees will be refunded, except in the case of Cancellation, and the CBT License will immediately cease and revert to ACA. ACA reserves all rights not expressly granted herein.

If you believe your rights have been compromised, please take note of our address below to send information about any claims for infringement.

11. NOTICE FOR CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

If at any time you believe your copyright, trademark or other property rights have been infringed by a posting on the ACA Platform, you should promptly notify ACA’s “Designated Agent.” 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.

Designated Agent for Claimed Infringement:
ACA International
Attn: General Counsel
3200 Courthouse Ln
Eagan, MN 55121
E-mail:

ACA will terminate services for any User who is a repeat copyright infringer or for any User about whom repeat claims of copyright infringement are received.

You acknowledge and agree that upon receipt of notice of a claim of copyright infringement, ACA may immediately remove the identified materials from the ACA Platform without liability to you or any other party. 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.

12. THIRD-PARTY CONTENT

The ACA Platform and ACA Content may include third-party content, including, without limitation, opinions, presentations, or articles of a third-party; hyperlinks to third-party URLs; access to and advertisements for third-party products, services, and content; commercial transactions with a third-party; interactions with third-party user data, commentary, posts, blogs, documents, software, materials, or services provided by other parties; and other third-party content (“Third-Party Content”). Third-Party Content and UGC may contain information or material that certain Users find inappropriate or offensive. UGC and Third-Party Content are not under ACA’s control and ACA has no affiliation, nor does ACA endorse or take responsibility for any UGC or Third-Party Content. User acknowledges that ACA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the UGC or Third-Party Content, nor is ACA responsible for errors or omissions in or in any references to Third-Party Content or UGC. ACA’s inclusion of such UGC or Third-Party Content does not imply endorsement of same by ACA. The opinions, information, products, and views within the Third-party Content and UGC are solely those of the third party and do not reflect the opinions of ACA. ACA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such UGC or Third-Party Content on the ACA Platform. User shall be solely responsible for any correspondence or transactions User has with any third party.

If you decide to access any third-party sites linked to the ACA Platform, you do so entirely at your own risk. ACA makes no representations or warranties with respect to any such site. On such sites, you are subject to the various terms of services associated with using such sites, including, but not limited to, the third-party sites’ terms of use, privacy policy, and copyright policy. For more information, consult the host website user policies. You acknowledge that all transactions relating to any merchandise or services offered by any third 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 you and the third-party seller or purchaser of such merchandise and services.

As an association, ACA serves the critical role of disseminating information related to our industry. We have been providing information to our members for over 100 years. While we do not provide legal advice, we provide this information as a server for you to build upon. It is up to you to determine how to use this information. We do not provide any warranty about the information we provide to you.

13. NO LEGAL ADVICE AND DISCLAIMER AS TO ACCURACY OF INFORMATION

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 as legal advice must be tailored to the specific circumstances of each case. User is solely responsible for verifying the applicability, accuracy, and conformity of any laws referenced in the ACA Content with applicable federal, state, and local standards, laws, or regulations. You acknowledge and agree that, in addition to the limits of liability contained elsewhere in the User Agreement, ACA shall not be liable to you or any other party for any act or failure to act in relation to ACA Content.

14. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT ALLOWED BY LAW, THE ACA PLATFORM, ACA CONTENT, AND ACA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER ACA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, OR MEMBERS, NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS, PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT: (a) THE ACA PLATFORM, ACA CONTENT, AND ACA SERVICES, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE, OR NON-INFRINGING; (b) ACCESS TO THE ACA PLATFORM, ACA CONTENT, AND ACA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ACA WILL MEET YOUR EXPECTATIONS; OR (d) ACA CONTENT OR ACA SERVICES WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE ACA PLATFORM. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY PRODUCT WARRANTY, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, UNLESS OTHERWISE SPECIFIED IN WRITING BY ACA.

15. EXCLUSIONS OF DAMAGES; LIMITATION OF LIABILITY

ACA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, DIRECTORS, OFFICERS, AND MEMBERS, AND ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, AND LICENSORS, SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR ADVISED OF, IN CONNECTION WITH, AS A RESULT OF, OR ARISING: (a) OUT OF THE USE OF OR INABILITY TO USE THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES; (b) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES; (c) FROM ANY LOSS OF DATA OR FROM ANY EQUIPMENT FAILURE; (d) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT, OR SERVICES PURCHASED OR OBTAINED FROM ACA OR THE ACA PLATFORM, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM ACA OR THE ACA PLATFORM; (e) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ACA PLATFORM; (f) FROM ANY DELAY OR FAILURE OF THE ACA PLATFORM ARISING OUT OF CAUSES BEYOND ACA’S CONTROL; (g) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, ACA CONTENT; (h) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE ACA PLATFORM; (i) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, OR QUALITY OF THE PRODUCTS, SERVICES, OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (j) OUT OF ANY OTHER MATTER RELATING TO THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THIS USER AGREEMENT, THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT ACA HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

BY USING THE ACA PLATFORM, ACA CONTENT, OR ACA SERVICES IN ANY WAY, WHETHER OR NOT SUCH USE IS AUTHORIZED, USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH THE ACA PLATFORM, ACA CONTENT, AND ACA SERVICES, UNLESS OTHERWISE PROVIDED IN WRITING BY ACA.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION AND SECTION 14 ABOVE, WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND ACA’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. INDEMNIFICATION

User agrees to indemnify, defend, and hold harmless ACA, its affiliates, subsidiaries, employees, directors, officers, and members, and any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, and licensors, from and against all claims, liability, losses, damages, suits, judgments, costs, and expenses, including, but not limited to court costs and attorneys’ fees, related to User’s breach of the User Agreement or misuse of the ACA Platform, ACA Content, or any ACA Service. 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. In the event of User’s breach of any covenant in this User Agreement, it is understood and agreed that ACA shall be entitled to injunctive relief, an accounting of damages and return of all profits earned as a result of such breach, as well as all applicable remedies at law or in equity available to ACA against User, including, but not limited to, reasonable attorneys’ fees and costs incurred in bringing any action against User or otherwise enforcing the terms of this User Agreement.

17. INTERNATIONAL USE

Although the ACA Platform may be accessible worldwide, ACA makes no representation that materials on the ACA Platform, or any ACA Content, 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 ACA Platform from other locations do so on their own initiative, at their own risk, and are responsible for compliance with local laws and regulations of their jurisdiction. Any offer for any product, services, and/or information made in connection with the ACA Platform is void where prohibited. ACA Content, including technical data, is subject to U.S. export jurisdiction. User agrees to comply with all applicable international and national laws that apply to the ACA Content, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.

18. TERMINATION OF USE

User agrees that ACA may, in ACA’s sole discretion, terminate or suspend your access to all or part of the ACA Content, the ACA Platform, and ACA Services with or without notice and for any reason, including, without limitation, breach of the User Agreement. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating User’s use of the ACA Services, access to the ACA Content, and/or use of the ACA Platform, and may be referred to appropriate law enforcement authorities. Upon Termination or suspension, regardless of the reason, your right to use the ACA Content and/or the ACA Services shall immediately cease. User acknowledges and agrees that ACA may immediately deactivate or delete User’s use and all related information and files in your Account and bar any further access to such files, the ACA Content, and/or the ACA Services. 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. Any provision of this User Agreement related to Intellectual Property, Indemnification, Disclaimer of Warranties, Exclusion of Damages, Limitation of Liability, and any other provisions that by their nature should survive Termination shall survive Termination.

19. ANTITRUST POLICY

General Statement; Purpose. Trade associations serve a valuable role in promoting economic development and consumer welfare, and bring significant, procompetitive benefits to Industry participants and customers. However, because association meetings, gatherings, and other activities by their nature bring competitors together, they may provide opportunities to reach unlawful agreements in violation of the antitrust laws. If a trade association does not conduct its activities properly, serious antitrust problems can arise. ACA assigns the highest priority to full compliance with U.S. antitrust laws and similar foreign competition laws. It is thus vital that the association conduct all meetings, gatherings, and other association activities properly and in a manner consistent with this “Antitrust Policy.” ACA has developed this Antitrust Policy to minimize the risk of violating antitrust laws while at ACA functions, including through formal and informal discussions before, during, and after ACA functions.

Antitrust Laws and Trade Associations. The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Some activities by competitors are deemed so harmful that they are considered per se violations. Examples include agreements to fix or stabilize prices; allocate markets, territories, or customers; bid-rigging; and certain types of group boycotts. It is therefore risky, and potentially illegal, for competitors to discuss prices, pricing policies, specific terms and conditions of sale, profit margins, problems experienced with individual customers or suppliers, allocation of customers, individual company costs, production or research and development plans, specific market shares of any competitor, or any other elements or factors that may affect competition. As such, these discussions should be avoided. The consequences of violating the antitrust laws can be severe for both individuals and companies. Violations may result in criminal fines and jail sentences, civil fines and private treble damage actions, as well as substantial administrative disruption, defense costs, and adverse publicity.
Companies compete at many levels and in many ways, and discussion of any subject that touches on how they compete requires great care or may even be prohibited. Trade associations and their members are in a particularly sensitive position because so many competitors find themselves together at association functions, where the opportunity to talk about competitive subjects often presents itself. Although discussions themselves may not violate the antitrust laws, discussion followed by uniform conduct can give rise to an unlawful agreement. Simply the appearance of behavior that violates antitrust laws can lead to prosecution by the government or to lawsuits by companies or individuals damaged by anticompetitive conduct. Even unfounded allegations can be a significant drain on association and membership financial and human resources, and an unproductive distraction from the association’s mission. For these reasons, ACA strives to avoid even the appearance of impropriety in all its dealings and activities.

Antitrust Guidelines. ACA is committed to adhering to U.S. antitrust laws and similar foreign competition laws. All of ACA’s policies, practices, and activities must be implemented, observed, and conducted strictly in accordance with all applicable antitrust laws and regulations and shall not unreasonably restrain trade. To that end, all meetings, gatherings, and other activities relating to or under the authority of ACA shall be conducted in such a manner that any inference, indication, signal, or agreement to engage in any of the following be avoided:

1. the establishment, increase, decrease, or stabilization of any prices, costs, profits, profit margins, discounts, or practices related thereto, of any Industry member or non-member;
2. the control or allocation of any markets, market shares, sales, sales territories, customers, or availability of products and services provided by the association, its Members, or any current or potential competitor of the association, Member or non-member;
3. the selection, rejection, or termination of customers or suppliers, or the boycott of another’s business;
4. the establishment of terms or conditions of sale or of salaries;
5. the direct or indirect unreasonable, anti-competitive interference with any person or entity participating in the Industry and competing with members of the association; or
6. the refusal to deal with any member of the association or any current or potential competitor of a member or non-member.

Always bear in mind that those in attendance at ACA meetings, gatherings, and other activities may be your competitors. You should avoid discussing sensitive antitrust subjects with your competitors before, during, and after any ACA meeting or activity. Also bear in mind that it is possible to break the law even without a written contract or express agreement, an informal verbal understanding could violate the antitrust laws. If at any time during any meeting or activity, ACA staff believes that a discussion regarding a sensitive topic under the antitrust laws is, or is about to, occur, they will advise those present and halt further discussion. Attendees at any ACA meeting, gathering, or other activity should likewise not hesitate to voice any similar concerns they may have. All Members and staff share this important responsibility.

Have a question about ACA’s Antitrust Policy or need to report suspected violations? Please contact ACA’s Legal Department by sending a message to .

20. ANTI-HARASSMENT POLICY

ACA strives to provide online and live event experiences in which all participants (including Members, nonmembers, staff, guests, and ACA staff) are treated with dignity, decency, and respect regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, age, race, color, national origin, physical and/or mental health status, or religion (“Personal Characteristics”). ACA does not tolerate harassment of Users in any form, whether in person or on the ACA Platform. By way of example only, inappropriate and prohibited behaviors include: the use of vulgar or profane language; deliberately intimidating, stalking, or following; harassing photography or recording; sustained disruption of events; inappropriate displays of the person, physical contact, or unwelcome sexual attention; making demeaning comments or jokes; or displaying demeaning imagery based on the above-mentioned Personal Characteristics. Any User violating these rules may be sanctioned, immediately Terminated as a Member, or otherwise barred from utilizing the ACA Platform, ACA Content, and/or ACA Services, at the sole discretion of ACA.

Users asked to stop any harassing behavior are expected to comply immediately. If a User engages in harassing behavior, ACA may take any action it deems appropriate, including, but not limited to warning the offender or exclusion from any applicable ACA Event with no refund of any Fees. If you are being harassed, notice that someone else is being harassed, or have any other concerns, please contact an ACA staff member immediately. When physical safety is a concern, ACA will be happy to help participants contact venue security or local law enforcement, provide or locate escorts, or otherwise assist those experiencing harassment to feel safe. ACA expects Users to follow these rules at all ACA Event venues and related ACA-organized social events and on the ACA Platform.

Have a question about ACA’s Anti-Harassment Policy or need to report suspected violations? Please contact ACA’s Legal Department by sending a message to

21. ADA ACCESSIBILITY

ACA is committed to facilitating the accessibility and usability of the ACA Platform, ACA Content, and ACA Services for people with disabilities. ACA is continually improving the user experience for everyone and refers to the World Wide Web Consortium’s Web Content Accessibility Guidelines, in its most recent version (“WCAG”), as a tool for its web accessibility standard.

ACA is under agreement with The National Center for Accessible Media at WGBH (NCAM) to conduct website accessibility audits, provide related consulting, and to provide ACA with specific recommendations to facilitate website accessibility and conformance with WCAG standards.
Below are some of ACA’s continuing efforts to ensure the accessibility of its materials.

1. The ACA Platform will be operable in a device-independent manner (e.g., without the use of a mouse or other pointing device).
2. Foreground/background color schemes will meet or exceed threshold levels specified in WCAG.
3. Multimedia (audio clips or video) will be captioned and, when necessary, described.

Please be aware that our efforts are ongoing. If, at any time, you have specific questions or concerns about the accessibility of any ACA Platform pages, or if you’d like additional assistance, please contact us at or by telephone at (800) 269-1607. If you encounter an accessibility issue, please be sure to specify the website URL, subpage and/or subdirectory involved within your email, and we will make all reasonable efforts to make that page accessible for you.

Have a question or concern about the accessibility of ACA’s Platform pages or other materials? Please contact ACA by sending a message to or calling (800) 269-1607.

22. MISCELLANEOUS PROVISIONS

Other ACA Policies. ACA may establish other policies and procedures applicable to the ACA Platform, ACA Services, or ACA Content. Any such policy or procedure is incorporated herein by this reference. To the extent that there is a conflict between this User Agreement and another applicable ACA policy or procedure, the conflict shall be resolved in favor of ACA.

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

Force Majeure. ACA shall not be liable to any User or other party for any interruption or delay in performance due to causes beyond ACA’s reasonable control, such as acts of God, acts of any government, war or other hostility, disease outbreak, epidemic, pandemic, civil disorder, the elements, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies, and the like.

Attorneys’ Fees and Costs. In any formal or informal action initiated by ACA to enforce the User Agreement, ACA will be entitled to costs and attorneys’ fees.

Waiver, Severability, and Interpretation. The failure of ACA to exercise or enforce any right or provision in the User Agreement shall not constitute a waiver of such right or provision. If a court finds any provision of the User Agreement invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and the remainder of the User Agreement shall remain in full force and effect. The parties acknowledge that the normal rule of construction that any ambiguities shall be resolved against the drafting party shall not be employed in the interpretation of this User Agreement.

Applicable Law. By using the ACA Platform, User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern this User Agreement and any disputes relating in any way to ACA or to products or services sold or distributed by ACA. ACA and User agree to submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Hennepin County, Minnesota.

Limitations on Actions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ACA Platform must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Independent Contractor. User and ACA are independent contractors, and no act or obligation of either party will in any way bind the other.

Complete Agreement. This User Agreement, and any incorporated documents, expresses the complete understanding with respect to the subject matter and supersedes all prior representations and understandings between the parties.

Notices. Except for any notice of alleged intellectual property infringement given above, any notice required or permitted to be given under this User Agreement to ACA shall be sufficient if given: (a) in writing and personally delivered to ACA International, ATTN: General Counsel, 3200 Courthouse Lane, Eagan, Minnesota 55121 (“Notice Address”); or (b) sent by certified mail, postage prepaid, to the Notice Address or other notice address as designated in writing between the parties prior to delivery and will be effective and duly delivered on the day of personal or courier delivery.

23. DEFINITIONS

Definitions are capitalized terms included throughout this User Agreement that are not grammatically required, which are defined in quotations marks throughout the User Agreement and within the section below.

“ACA Content” means information owned, created, derived from, or provided by or on behalf of ACA, either directly or indirectly, that is not otherwise owned or limited by a third party through a written agreement with ACA, including, without limitation, information that is:

1. included within ACA’s website(s) and online portals, including, but not limited to: (i) ACA’s primary website located at the URL , along with each subdomain and subdirectory within the acainternational.org second-level domain, whether publicly available (“Primary Website”); (ii) any public social media sites owned, sponsored by, managed, or otherwise created by ACA that allow interactive communication between ACA and any person including, but not limited to Instagram, LinkedIn, Pinterest, X, YouTube, TikTok, and Facebook, whether now utilized or later developed (“ACA Social Media Site(s)”); (iii) any ACA affiliated websites registered by ACA, including, but not limited to the URL and the Member specific site located at the URL https://hub.acainternational.org/ (“The Hub”); and (iv) the secure portion of any of the above referenced online platform(s) that are limited in access to Members through a secure login (“Secure Site(s)”)(all references in this subsection shall collectively and interchangeably be referred to as “ACA Platform(s)”);
2. available through speakers, committee members, independent contractors, Members, or any other party presenting information through, or on behalf of, ACA, at events, presentations, conferences, and other information-sharing occurrences sponsored or hosted by ACA (collectively referred to as “ACA Event(s)”), or available through training guides, images, products available for purchase on the ACA Platform, on-demand programming, articles, newsletters, magazines, learning modules, webcasts, presentations, press releases, seminars, video-based recordings, PowerPoint® slides, and any accompanying written materials (collectively referred to as “ACA Publication(s)”);
3. contained within learning modules, software programs, interactive computer-based programs, and computer-based training modules available on the ACA Platform, including, but not limited to the E-Learning Courses (collectively referred to as “Computer-Based Program(s)”); or
4. created, derived from or generated by UGC that is not Personal Information.

“ACA Services” means services provided by or on behalf of ACA, including, but not limited to creating an association for Members to receive assistance and information within the Industry; providing a comprehensive repository of information within the ACA Platform and Secure Site; developing and providing proprietary educational courses and programs for Industry participants; advocating the rights of Members and other participants within the Industry; developing and administering designation programs designed to promote professional practices by Members and other Industry participants; creating resource materials to promote professional and ethical behavior within the Industry; facilitating ACA Events; providing Industry information through ACA Publications; and providing access to Computer-Based Programs.

“Confidential Information” means any and all material, data, or information of ACA, in whatever form or media, whether now known or later developed, that is treated as confidential (including ACA Content for which ACA has limited disclosure, such as Member-only content and non-public (as outlined below) Personal Information), 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 material, data, or other form of information is marked, designated, or otherwise identified as “confidential.” Confidential information shall include, without limitation, any and all technological, scientific, business, legal, organizational, commercial, operational, or financial materials; unpublished or unpatented inventions, invention summaries, 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; strategies; 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; 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. Confidential Information shall not include any information that:

1. is or has become publicly available without restriction through no fault of your own;
2. is rightfully received by you without restriction from a third party lawfully in possession of such information;
3. is rightfully in the possession of you without restriction prior to disclosure by ACA; or
4. is independently developed by you without use of ACA’s Confidential Information.

“Intellectual Property” means all United States and foreign intellectual property rights included within any ACA Content, along with any associated advertising materials, publications, technical papers and computer software, including, but not limited to:

1. 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;
2. original works of authorship and all copyrights within the ACA Content in any jurisdiction (whether or not registered), including 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)”);
3. trademarks, service marks, association marks, trade dress or other source identifiers, including, but not limited to any designation marks associated with the ACA Designation Program successfully completed by a Designated User (“Designation Mark(s)”), whether registered with the United States Patent and Trademark Office (“Registered Mark(s)”) or held as common law marks, along with all associated goodwill, that are used as source identifiers of ACA and/or are owned by ACA, including, but not limited to any collective membership service, service marks and trademarks created for Members to use as a benefit of membership and as a way of signifying the superior quality associated with being a member of ACA (“Association Mark(s)”) (collectively referred to as “Trademark(s)”);
4. Confidential Information related to the items listed herein; and
5. any other proprietary rights associated with ACA’s information.

“Member” means any individual or business that has paid the annual membership dues to ACA for the applicable type of membership (e.g., “Company Member,” “Affiliate Division Member,” “Attorney Division Member,” “Creditor Division Member,” “International Division Member”) and has been approved for membership by ACA, along with the authorized number of member employees reported within the membership invoice (each individually referred to as an “Authorized User”), which shall be effective for the calendar year within which the membership dues have been paid.
“UGC”  means:

1. any commentary, feedback, suggestions, content, or other information you provide to ACA for use, regardless of the form provided, whether oral, written, or recorded, which includes, but is not limited to content provided to ACA for use within ACA Publications or ACA Events;
2. images, documents, photographs, written or oral content, suggestions, ideas (to the extent protectible), practices, graphs, and other content invented, developed, created, conceived, authored or otherwise reduced to practice, and provided by you to ACA in connection with any ACA Publication or ACA Event, whether or not copyrightable or patentable, in any form provided or as could be used in a later developed medium;
3. commentary or other information provided by you on the ACA Platform; and
4. any and all photographs, records, documents, individual physical likeness, expression, opinions or other images provided to ACA by you or captured in audio, written, or video form during an ACA Event.

UGC shall not include any protectible personal information provided for the purpose of logging into and accessing the Secure Site, including, but not limited to password(s), or any content for which you have restricted disclosure or use through a written agreement between you and ACA prior to submission to ACA (“Restricted User Data”).

“Termination” refers to the any of collective cessation of rights for each applicable ACA Product or Service, which automatically occurs in any of the following ways: (i) the end of the term specified within each applicable Purchase Order for each applicable ACA Service (individually referred to as “Expiration”); (ii) by a Subscriber submitting the written notice of cancellation to ACA within seven (7) days of the Order Date of the applicable Subscription Product, so long as no Subscription Products have been accessed through the ACA Platform (individually referred to as “Cancellation”), whereby a full refund of any Fees paid will be granted; (iii) immediately by ACA, upon Subscriber’s failure to pay any Fees due within thirty (30) days of notice of non-payment by ACA to Subscriber; or (iv) immediately by ACA upon Subscriber’s material breach of the terms of the User Agreement or any ancillary agreement incorporated herein.