TERMS OF USE:
This Terms of Use Agreement is a legal agreement between Allied Collection Services Inc (“ACSI”), a Nevada corporation, whose notice address is contained below, and any person using the website located at http://acsnv.com (“Website”), whether using the public portion of the Website that does not require you to provide any password information (“Public Site”) or the private portion of the Website designated for ACSI clients through a password protected login (“Client Site”) (collectively and interchangeably referred to as you or “User”). By using this Website, or utilizing any service or business offered by ACSI, you accept these conditions and agree to be bound by the terms of this Agreement. Please read them carefully. You may print this Agreement at any time by clicking on the link on the Website.
TERMS
ACSI provides the Website and various services subject to your compliance with this Terms of Use Agreement, any specifically referenced documents contained herein, and any posted guidelines, rules or other documents applicable to such services or materials posted on the Website that are all incorporated by reference (collectively referred to herein as “Terms of Use”).
ACKNOWLEDGEMENT
BY USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. USER’S REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH ACSI REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS WEBSITE.
ACSI reserves the right to change the Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition.
ACSI reserves the right to modify or discontinue the Website, including any features included, at any time with or without notice to User. ACSI shall not be liable to User or any third party if ACSI chooses to exercise such right. The Website is provided “AS IS” with no warranty of any kind associated with the performance of the Website or the Content provided.
PRIVACY
Subject to ACSI’s Privacy Policy located on the Website that is hereby incorporated, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website or to ACSI, whether by electronic mail or other means, for any reason (“User Data”). All User Data will be treated as non-confidential and non-proprietary. Unless otherwise established, User retains all rights in the User Data and hereby grants ACSI and its designated licensees a non-exclusive, irrevocable, royalty-free, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, sublicense, create derivative works, and otherwise use such User Data for any purpose, regardless of the form or medium, whether now known or later developed, in which it is used (“User Data License”). User is responsible for ensuring no User Data is confidential, proprietary, or in any way related to an unsolicited idea or proposal, and User waives any allegation claiming otherwise.
ELECTRONIC COMMUNICATIONS
By providing your email address to ACSI, User consents to receive electronic communications from ACSI. ACSI will communicate with User by e-mail until revoked. User agrees that all agreements, notices, disclosures and other communications that ACSI provides to User electronically, satisfy any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to ACSI, User consents to receiving email communication from ACSI. This consent applies specifically to all business communications between User and ACSI.
User is always entitled to receive a paper copy of any communication without charge, by contacting ACSI here. Upon receipt of your notice, ACSI will mail a paper copy of any of the documents originally delivered in electronic format within 10 business days to the last known address on file, and/or the last known address as provided by the original creditor. You may also contact us at the above-listed contact points to revoke your overall consent to electronic communications. No fees shall be assessed against you if you choose to revoke your consent.
By providing your email address, you further agree that you have access to the hardware and software requirements necessary to review, upload and/or print your electronic communications.
You acknowledge that Electronic Communications: (a) can be intercepted, altered, forwarded or used without authorization or detection, (b) can be circulated, forwarded and stored in paper and electronic files, and (c) may be lost due to technical failure during composition, transmission or storage.
You acknowledge that you have not provided ACSI with an e-mail address issued or assigned to you by your employer or related in any manner to your workplace or place of employment. You acknowledge that you do not have a reasonable expectation of privacy in an e-mail address associated in any way with your employment. You also acknowledge that you are aware of all other persons in your household who may intercept Electronic Communications (for example, family members and roommates) and have taken all precautions to eliminate others from accessing your Electronic Communications.
You authorize ACSI to transmit Electronic Communications to the e-mail address provided to ACSI and to include the following in the Electronic Communications: In the “To” line of the email: Your name or other individual identifying information In the “From” line of the email: Allied Collection Services, Inc. or ACSI In the “Subject” line of the email: ACSI – Electronic Notification and an account number or other identifying information.
CONDUCT
User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of ACSI Content (defined below) or User Data that is or is used in a manner that is “Objectionable,” including, without limitation, displaying any Content or posting any User Data that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. ACSI reserves the right but has no obligation, to remove or edit such Objectionable User Data.
INTELLECTUAL PROPERTY
ACSI’s Intellectual Property is important and its protection is vital to ACSI’s role in the credit and debt collection industry. The following provisions apply to ACSI’s protection of its Intellectual Property.
DEFINITIONS
“ACSI Content” means Information owned, created, or provided by ACSI, either directly, or indirectly through speakers, committee members, independent contractors, employees of ACSI or any other party presenting information through ACSI, or at an ACSI sponsored events, including, but not limited to, any oral presentations, PowerPoint™ slides, written materials, Information included on the Website, such as software programs, training guides, presentations and seminars, and Intellectual Property.
“Confidential Information” means any and all ACSI Content that is treated as confidential by ACSI 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 ACSI Content is marked, designated, or otherwise identified as “confidential.”
“Information” means any and all technological, scientific, business, legal, organizational, commercial, operational, or financial materials; unpublished or unpatented inventions, invention summaries and/or disclosures; compilations; samples; statistics; summaries; ideas; notes; concepts; data; know-how; discoveries; processes; essays; knowledge; improvements; methods; techniques; technologies; systems; interpretations; analyses; products; practices; procedures; protocols; research; tests; trials; controls; prototypes; formulas; sales information; descriptions; formulations; submissions; communications; skills; experience; plans; objectives; algorithms; reports; results; forecasts; studies; conclusions; inventions; trade secrets; designs; specifications; documentation; components; computer programs and all source and object code; images; icons; audiovisual components and objects; schematics; drawings; processes; visual depictions; and customer, vendor, and supplier lists; whether or not copyrightable or patentable, in any form or medium (tangible, intangible, oral, written, electronic, observational, or other), whether now known or later developed.
“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any Information owned or created by ACSI, along with any associated advertising materials, publications, technical papers and computer software, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship and all copyrights in any jurisdiction (whether or not registered), including, but not limited to, any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACSI “Trademark(s)”); (d) all Confidential Information related to the items listed herein; and (e) any other proprietary rights associated with ACSI’s Information, whether or not Confidential Information.
RIGHT TO USE
By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all ACSI Content is solely owned and the property of ACSI. User is granted a nonexclusive, revocable, non-assignable, limited license to: (a) access the ACSI Content available through the Website for personal use; and (b) create a hyperlink to the Website on User’s website, so long as the link does not portray ACSI, or its products or services, in a false, misleading, derogatory, negative or otherwise offensive manner, and User states that ACSI is not affiliated with User. All rights not granted herein are reserved for ACSI. This license specifically, but not exclusively, does not grant User: (a) any right to use Trademarks or Copyrights without ACSI’s express written permission; (b) any right to resale or commercial use of the Website or ACSI Content; (c) any right to create derivative use of the Website or ACSI Content; (d) any right to use data mining, robots, or similar data gathering and extraction tools in connection to the Website or ACSI Content; (e) any right to copy, commercialize, reproduce, modify, republish, upload, post, transmit, create derivative works or distribute any ACSI Content from the Website, in any form, or by any means without prior written permission from ACSI; (f) any right to frame or utilize framing techniques to enclose any Intellectual Property without express written consent of ACSI; (g) the right to use any meta tags or any other “hidden text” using Intellectual Property without the express written consent of ACSI’s Chief Compliance Officer; (h) any ownership rights to any ACSI Content. Any unauthorized use of ACSI Content is strictly prohibited and is a violation of ACSI’s Intellectual Property rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACSI.
ACSI does not warrant or represent that User’s use of ACSI Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
POLICIES
ACSI has developed policies to ensure accordance with the laws respecting personal rights, antitrust limitations, and ACSI’s reputation. User hereby agrees to abide by ACSI’s general policies in addition to the Terms of Use, including, but not limited to, ACSI’s Copyright Policy, ACSI’s Privacy Policy, and ACSI’s Antitrust and Anti-Harassment Policies, all of which can be found on the Website, which are incorporated herein by reference (“Website Policies”).
USER MATERIAL
If at any time User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, User shall immediately send a notification to ACSI’s “Designated Agent” that is identified below.
DESIGNATED AGENT
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), ACSI’ Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Chief Compliance Officer
ACSI Corporate Headquarters
3080 S. Durango Dr, Suite: 208, Las Vegas, NV 89117
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACSI may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
THIRD PARTY SITES AND INFORMATION
The Website may offer third party links allowing User to access other sites on the Internet or that include third party user data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third-Party Content”). Third-Party Content may contain information or material that some people may find inappropriate or offensive. User Data and Third-Party Content are not under ACSI’s control and ACSI has no affiliation, does not endorse or take responsibility for any User Data or Third-Party Content. User acknowledges that ACSI is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Third-Party Content, nor is ACSI responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third-Party Content does not imply endorsement of, or association with, the Third-Party Content by ACSI.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY ACSI ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ACSI DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM ACSI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACSI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to, the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.
ACSI MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE IS PROVIDED SOLELY BY SUCH THIRD PARTY OR THROUGH A SEPARATE ACKNOWLEDGEMENT. ACSI DOES NOT INCLUDE ANY EXPRESS PRODUCT WARRANTY WITHIN THE TERMS OF USE.
INDEMNIFICATION
Upon a request by ACSI, User agrees to indemnify, defend and hold ACSI harmless from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. ACSI 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 ACSI in asserting any available defenses.
PRIVACY POLICY
ACSI’s Privacy Policy, located on the Website, as it may change from time to time, is a part of the Terms of Use and incorporated herein by reference. User is solely responsible for reviewing the Privacy Policy which can be found by clicking here.
INTERNATIONAL USE
Although the Website may be accessible worldwide, ACSI makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.
TERMINATION OF USE
User agrees that ACSI may, in ACSI’s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the ACSI Content available on the Website immediately ceases and User acknowledges and agrees that ACSI may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Website. ACSI 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 ACSI in connection therewith.
ASSIGNMENT
The Terms of Use may be automatically assigned by ACSI in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without ACSI’s prior written consent and any attempt to so resell, assign or transfer will be null and void.
ATTORNEYS’ FEES
In any action, formal or informal, initiated by ACSI to enforce the Terms of Use, ACSI will be entitled to costs and attorneys’ fees.
INTERPRETATION
If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best effect the intent of the parties or the parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.
AMENDMENT
The Terms of Use may be amended at any time by ACSI without specific notice to User. The latest Terms of Use will be posted on the Website, and User takes sole responsibility to periodically review the Terms of Use prior to using the Website.
APPLICABLE LAW
By using the Website, User agrees that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes relating in any way to ACSI or to products or services sold or distributed by ACSI and both ACSI and User submit to the exclusive personal jurisdiction and venue of the state or federal court in Las Vegas, NV.
REGISTRATION DATA
In order to access some of the services on the Website, User may require a user account, password and/or other information and data provided to ACSI in connection with the use of the Website (“Registration Data”). By providing Registration Data, User agrees that all information provided in the Registration Data is true and accurate, User is at least eighteen (18) years of age and that User will maintain and update this information as required to keep it current, complete and accurate. User grants ACSI the right to disclose to third parties certain Registration Data about User in accordance with its Privacy Policy. Registration Data is considered “Personal Information” within the Privacy Policy. ACSI shall act in accordance with the terms of its Privacy Policy when handling the Registration Data. User is also responsible for maintaining the confidentiality of the Registration Data, and for any and all statements made, and acts or omissions that occur by use of the account associated with the Registration Data (“Account”).
User must take steps to ensure that no third-party can utilize the Registration Data or the Account. User may not transfer or share User’s Account with anyone, and ACSI reserves the right to immediately terminate User’s Account in the event of any unauthorized transfer or sharing. Each Account is personal to a single User.
DELIVERY
Unless in downloadable format, most product orders placed with ACSI are delivered via FedEx, UPS, and USPS, within four (4) business days to two (2) weeks of ordering the product. Backorders can take up to six (6) weeks depending on the type of product ordered. User will pay all shipping charges for ordered and returned items. Shipping charges are subject to change without prior notification to User.
LIMITATION OF LIABILITY
ACSI Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACSI does not represent or warrant that ACSI Content is accurate, complete or current for any specific or particular purpose or application. ACSI 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.
ACSI CONTENT IS PROVIDED “AS IS.” ACSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO ACSI CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACSI IN WRITING. BY USING ACSI CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, USER ASSUMES ALL RISK AND HEREBY RELEASES ACSI FROM ANY LIABILITY ASSOCIATED WITH ACSI CONTENT, UNLESS SEPARATELY PROVIDED IN WRITING BY ACSI IN A SEPARATE CONTRACT.
RISK OF LOSS
All items purchased from ACSI are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.
FURTHER, ACSI SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
Updated 7/1/2019
LOGO USE POLICY – ASCI
Users are hereby granted the nonexclusive, limited, revocable License right to display the ACSI Logo and Marks if: (a) the use reflects favorably on ACSI; (b) the use is referencing ACSI products and/or services; (c) User’s business name and logo appear more prominent than the ACSI Mark on all printed materials, (d) User has provided a disclaimer of sponsorship, affiliation, or endorsement by ACSI; (e) a trademark legend acknowledging ACSI’s ownership of the ACSI Marks; (f) User may not misrepresent itself as a Client and/or Vendor if it is not; and (g) the use is fair use under federal law standards. (h) user is not and/or has never been a consumer subject to debt collection activity by ACSI.
ACSI shall have the sole right to terminate this standard user license at any time with and/or without written notice to the User.
COPYRIGHT POLICY:
Please read this Copyright Policy carefully. You may print a copy of this Copyright Policy at any time by clicking on the link on the Website. ACSI and User agree that the parties have exchanged adequate consideration to be bound by the terms of this Copyright Policy. This Copyright Policy is subject to change by ACSI in its sole discretion at any time. You are responsible for reviewing this Copyright Policy prior to Use for any changes.
If you do not agree to these terms do not use the Website or the Content.
PURPOSE
ACSI Content is copyrighted and licensed, not sold. ACSI provides this Copyright Policy as a general policy that applies to all Content. Most of the Content has a separate policy of its own that User must abide by, in accordance with any such notice User receives, or is supplied within the Content documentation. In the event there is a disagreement in terms, the stricter provision shall prevail. This Copyright Policy establishes basic guidelines for acceptable use of the Content and is based upon the principle that ACSI provides the Content to help professionals in the credit and collection industry. ACSI requests User Use Content with courtesy, respect, and integrity. ACSI takes pride in providing detailed information in order to present a comprehensive resource for its clients, vendors and the overall industry. Please note that access to the Content does not mean User has the right to provide the Content to third parties or present the Content as User’s own.
OWNERSHIP
User acknowledges and hereby agrees that unless expressly stated otherwise, all Content is solely owned by, and the property of ACSI, protected by copyright, trademark and service marks, patent and/or other proprietary rights laws, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship, all copyrights in any jurisdiction (whether or not registered), including, but not limited to any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyrights”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACSI, including its associated goodwill existing as of the effective date and continuing therefrom (“Trademark(s)”); (d) all Content that is treated as confidential by ACSI, or that due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be non-public or confidential, whether in oral, written, electronic, or other form or media, whether or not such Content is marked, designated, or otherwise identified as “confidential” (“Confidential Information”); and (e) any other proprietary rights associated with the Content, whether or not Confidential Information (collectively referred to herein as “Intellectual Property”).
USE POLICY
ACSI hereby grants Users the non-exclusive, non-royalty bearing, revocable, without right to sublicense, licensed right to use the Content in the following pre-authorized ways set forth in this section (“Limited License”) (Explanatory Note: “non-exclusive” means that others may also have this right; “non-royalty bearing” means that You do not have to pay ACSI for using the Content in accordance with this Limited License; “Revocable” means ACSI may cancel the right to use the Content; and “without right to sublicense” means You may not share Content with others to Use):
COPYRIGHT COMPLAINTS AND VIOLATIONS
If User copies and/or distributes any Content without legal permission, User may be found liable for civil or criminal copyright infringement. User is not protected from a financial penalty just because User received access to the Content at no cost or is distributing Content with no charge. User’s only protection is to not possess or distribute any unlicensed Content.
If User believes User’s content has been copied in a way that constitutes an infringement on the Website or in connection with ACSI’s goods and/or services, or that someone is infringing or misusing ACSI’s copyrights, please contact us.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), ACSI’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyrighted material or of Users about whom repeat claims of copyright infringement are received will be terminated.
Designated agent for claimed infringement:
First class mail:
Chief Compliance Officer
ACSI
3080 S. Durango Dr., Suite: 208
Las Vegas, NV 89117
Email: cco@acsnv.com
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, ACSI may immediately remove the identified Content from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the Content will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ACSI may disclose any information ACSI has about User (including User’s identity) if ACSI determines that such disclosure is necessary in connection with any investigation or complaint regarding User’s Use of the Content, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ACSI or ACSI rights or property as the circumstances may require. ACSI reserves the right at all times to disclose any information that ACSI deems necessary to comply with any applicable law, regulation, legal process or governmental request.
User acknowledges and agrees that ACSI may preserve any transmittal or communication made by User with ACSI through the Website or any goods and/or services offered on or through ACSI, and may also disclose such data if required to do so by law or ACSI determines that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Copyright Policy; (c) respond to claims that any such data violates the rights of others; or (d) protect the rights, property or personal safety of ACSI, its employees, clients, consumers, and/or vendors
You understand and agree that ACSI may, in its sole discretion and without prior notice, terminate User’s access to the Website and/or block User’s future access to the Website if ACSI determines that User has violated this Copyright Policy or other agreements or guidelines which may be associated with User’s Use of the Website or the Content. You also agree that any violation by User of this Copyright Policy will constitute an unlawful and unfair business practice, and will cause irreparable harm to ACSI, for which monetary damages would be inadequate, and User hereby consents to ACSI obtaining any injunctive or equitable relief that ACSI deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ACSI may have at law or in equity.
If ACSI is compelled to take any action against User as a result of your violation of this Copyright Policy, ACSI will be entitled to recover from User, and User agrees to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ACSI. User agrees that ACSI will not be liable to User or to any third party for termination of your access to the Website as a result of any violation of this Copyright Policy.
INDEMNIFICATION
User agrees to indemnify and hold ACSI harmless from any demands, loss, liability, claims or expenses, including attorneys’ fees, made against ACSI by any third party due to or arising out of or in connection with User’s Use of the Content or for any other violation of this Copyright Policy or other legal agreement included on the Website or within the Content.
OTHER DOCUMENTS
This Copyright Policy is incorporated by reference into the other legal agreements available on the Website or within the Content.
MISCELLANEOUS
User hereby agrees that all matters relating to User’s Use, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of law provisions. You agree to the personal jurisdiction and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue.
The information contained in this Copyright Policy is subject to change without notice at ACSI’s sole discretion.