ACC User Agreements
The Association of Corporate Counsel (ACC) is committed to the protection of your personal information. We are also committed to allowing you to choose how ACC discloses and uses your personal information. Please read this policy before visiting the ACC website or before providing any personal information to ACC.
Collecting Personal Identifiable Information
In general, you may visit our website without telling us who you are or revealing any information about yourself. ACC does collect the IP addresses and domain names of visitors for site administration purposes, such as to analyze this data for trends and statistics. No personal information is obtained through an IP address, but the patterns of usage may be tracked and monitored. We may share statistical or aggregated non-personal information about our users with advertisers, business partners, sponsors and other third parties. This data is used to customize our website content and advertising to deliver a better experience to our users. Please see the section below on cookies for more information.
While some of the information collected is required for membership or business engagement purposes, other information is voluntarily given by the individual. The type of personal information that ACC may collect could include, but not limited to, the following:
Some countries consider some personal information particularly sensitive. ACC only collects this data when voluntarily given by the individual for processing CLE/CPD when necessary, and for statistical purposes only. ACC does not share this information with third parties for direct marketing purposes. Such information may include the following:
Use of Personal Information
Unless otherwise stated, personal information provided by users will be used for marketing and promotional purposes only by ACC.
ACC collects personal information for the following purposes:
ACC reserves the right to disclose and/or transfer personal information to a third party, if ACC has reason to believe that disclosing personal information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other website users or anyone else who could be harmed by such activities. Additionally, ACC may disclose personal information in response to a subpoena, warrant or other court order, or when we believe in good faith that a law, regulation, subpoena, warrant or other court order requires it – or authorizes us to do so – or to respond to an emergency situation.
ACC reserves the right to disclose and/or transfer personal information to a third party in the event of a proposed or actual purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, merger, amalgamation or any other type of acquisition, disposal, transfer, conveyance or financing of all or any portion of ACC, or of any of the business of ACC or a chapter/division thereof, in order for you to continue to receive the same products and services from the third party.
Authoring Resources or Speaking at Programs
If you choose to author a written resource or speak at a program (both live and broadcasted over the internet), you will generally be required to provide a biography of your professional experience. ACC owns and maintains the copyright of the written resource, recordings of the programs and any subsequent written materials provided with program, including the submitted biorgraphies. ACC reserves the right to make any and all written resources and programs with associated written materials available to the public at large without permission of the authors or speakers.
Mailing List Policy and Further Disclosures of Personal Information
ACC is a global organization. We may allow your personal information to be shared with our related entities or third-party service providers based overseas. When we provide your personal information overseas, we do so in connection with providing you with member benefits, requested information or services or as required or authorized under law. It is possible the overseas entities, which we share your information with, may not be subject to foreign laws that provide the same level of protection of information as your country of residence or employment, or may not be subject to any privacy obligations. Overseas entities may be required or compelled to discolose your personal information to a third party, such as a overseas authority. If you consent to us disclosing your personal information, ACC will not be accountable for any breaches made by the entity, and you may not be able to seek redress in respect of that breach.
In addition to the uses of personal information noted above, personal information of ACC members may be shared with the following entities:
If you choose not to provide ACC with your personal information, you may still visit most of the ACC website. However, you may be unable to access certain options, offers and services and you may be unable to take advantage of certain ACC benefits or membership.
Removing, Correcting or Updating Personal Information
If you change your mind on how ACC discloses or uses your information, or wish to access, correct or update personal information (such as your address), we will endeavor to correct, update or remove the personal data you give us.
Members may correct or update personal information by going directly to “My Account” at www.acc.com/myacc/ (you must be logged in). You may at any time revise this information or question it by directly contacting our Membership Department at firstname.lastname@example.org or by calling +1.202.293.4103 x360. If you do not want to make a long distance phone call, please email us with your contact information and best times to reach you, and we will contact you as soon as it is practical.
Links to Other Websites
ACC may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions.
Cookies help us understand how consumers use our websites and emails so we can design better services in the future.
Web browsers can be adjusted to disable cookies. However, ACC may not be able to provide you with all the service or functionality you require on the ACC website if you choose to disable cookies.
You may also remove cookies from your browser. The cookie ACC has loaded onto your browser is called *acc.com. Please refer to your browser’s help menu for instructions.
Contacting ACC with Questions, Concerns or Complaints
We will acknowledge receipt of any complaint within five business days and will endeavor to provide you with a written response within 30 days of receipt of your complaint. There may be instances where this is not possible due to the contents of the complaint. In such circumstances, we will respond to your complaint in a reasonable and practical time.
If you are not satisfied with the outcome of your complaint, ACC will be happy to provide you with contact information for the appropriate authorities in your jurisdiction. Additionally, many jurisdictions allow for private rights of action.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ACC EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ACC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in this Policy, or elsewhere on this website, or as otherwise required by applicable law, neither ACC nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, inability to use, or the performance of this website or its content, whether or not we have been advised of the possibility of such damages.
ACC uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
This policy is effective as of 01 May 2015.
AGREEMENT BETWEEN USER AND ACC
The Association of Corporate Counsel (ACC) Website is composed of various web pages operated by ACC. “ACC Website” shall be defined herein to include acc.com and all other web pages operated or hosted exclusively by ACC (“Services”).
The ACC Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the ACC Website constitutes your agreement to all such terms, conditions and notices.
ACC reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user's confidentiality.
LINKS TO THIRD PARTY SITES
The ACC Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ACC, and ACC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACC is not responsible for webcasting or any other form of transmission received from any Linked Site. ACC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACC of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ACC Website, you warrant to ACC that you will not use the ACC Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the ACC Website in any manner, which could damage, disable, overburden, or impair the ACC Website or interfere with any other party's use and enjoyment of the ACC Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ACC Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
ACC and ACC members need to be mindful of constraints of anti-trust or competition laws when engaging with each other at ACC–hosted activities. ACC's Annual Meeting, chapter/division events, workshops, group gatherings, webcasts, seminars/sessions, electronic community platforms, social networking groups, and any other group gathering (facilitated by technology or in person) are conducted for educational purposes, to provide a forum for the open discussion and free exchange of ideas even amongst companies that may otherwise compete in the marketplace. At any gatherings, members are reminded that it is their responsibility to avoid (and where they see others acting in such a manner, to discourage) any agreement or inappropriate conversations that could have anti-competitive effects or could constitute a restraint on trade. In discussing the pros and cons on a topic of discussion, members may express an opinion, but must avoid collective agreements on how any particular issue/matter should be handled. For more information on appropriate and inappropriate competitive behavior at ACC meetings, please read our Competition Law Guidelines.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to ACC for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify ACC immediately at email@example.com. You agree to not share access to the ACC Website.
USE OF COMMUNICATION SERVICES
The ACC Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. This explicitly includes the online version of <em>ACC Docket</em>. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
ACC has no obligation to monitor the Communication Services. ACC cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms.
However, ACC reserves the right to:
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACC does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. ACC Members are not authorized ACC spokespersons, and their views do not necessarily reflect those of ACC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ACC OR POSTED TO ANY ACC WEBSITE
ACC does not claim ownership of the materials you provide to ACC (including feedback and suggestions) or post, upload, input or submit to any ACC Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACC and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with ACC.
No compensation will be paid with respect to the use of your Submission, as provided herein. ACC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ACC reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the ACC Website and the related services or any portion thereof at any time, without notice.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ACC WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ACC WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ACC WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ACC WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Except as prohibited by law, you will hold ACC and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICES
ACC respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ACC’s Office of General Counsel at firstname.lastname@example.org the following information:
PRIVACY AND PERSONAL INFORMATION
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ACC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by ACC on the Services are subject to change without specific notice to you.
All contents of the ACC Website are: Copyright 2014 by ACC and/or its suppliers. All rights reserved.
All ACC trademarks are strictly owned by ACC, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any ACC trademark without written authorization from ACC.
The names of actual companies and products mentioned within the ACC Website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and ACC and govern your use of the Services (but excluding any services which ACC may provide to you under a separate written agreement), and completely replace any prior agreements between you and ACC in relation to the Services.
You acknowledge and agree that the form and nature of the Services, which ACC provides, may change from time to time with or without prior notice to you.
ACC has chapters, divisions, committees and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these organizations will be providing the Services to you on behalf of ACC. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
As part of ACC’s continuing innovation, you acknowledge and agree that ACC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ACC’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ACC when you stop using the Services.
You acknowledge and agree that if ACC disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
Unless you have been specifically permitted to do so in a separate agreement with ACC, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, most especially including not sharing the data supplied by other ACC members to law firms or other vendors who are not ACC members. You agree that you are solely responsible for (and that ACC has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ACC may suffer) of any such breach.
You acknowledge and agree that while ACC may not currently have set a fixed limit on the number of transmissions you may send, receive or store/manage through the Services, such fixed limits may be set by ACC at any time, at ACC’s discretion.
You agree that if ACC does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ACC has the benefit of under any applicable law), this will not be taken to be a formal waiver of ACC’s rights and that those rights or remedies will still be available to ACC.
Unless ACC has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or member access with non-members or ineligible members.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ACC have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or ACC (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the District of Columbia and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the District of Columbia. The arbitration requirement does not apply to requests for injunctive relief.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The Terms, and your relationship with ACC under the Terms, shall be governed by the laws of the District of Columbia, USA, without regard to conflict of laws provisions. You and ACC agree to submit to the exclusive jurisdiction of the courts located within the District of Columbia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ACC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.
These Terms are effective as of 01 May 2015.
ACC CONTRACT ADVISOR TERMS & CONDITIONS
These Terms and Conditions (“T&C”) govern your use of the Association of Corporate Counsel (“ACC”) Contract Advisor, a platform for building and benchmarking contracts (“Contract Advisor”). By using, visiting, or browsing Contract Advisor, you accept and agree to these T&C. If you do not agree to these T&C, do not use Contract Advisor. Additionally, ACC reserves the right to make changes to Contract Advisor, and these T&C at any time. If any of these T&C shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining T&C.
4. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
5. GOVERNING LAW
6. LEGAL FEES
7. DISCLAIMER OF WARRANTIES
9. MEMBERSHIP CANCELLATION
11. FREE TRIAL
12. PRICE CHANGES
13. GROUP MEMBERSHIP PROMOTIONS
14. TRANSFERRING SUBSCRIPTIONS
ACC COMPETITION LAW GUIDELINES
The antitrust laws of many territories prohibit agreements, combinations and conspiracies in restraint of trade. The antitrust laws prohibit competitors from engaging in actions that could result in an unreasonable restraint of trade. Above all else, association members should be free to make business decisions based on the dictates of the market, not the dictates of the association.
Some activities by competitors are deemed so pernicious and harmful that they are considered per se violations; it does not matter whether or not the activities have a harmful effect on competition. These generally include price fixing and some forms of boycotts.
Other actions such as standards development and relationships between distributors and suppliers generally are evaluated under a rule of reason: There is a balancing between the pro-competitive and anti-competitive aspects of the activities. ACC members should avoid discussing certain subjects when they are together — both at formal gatherings and in informal settings — and should otherwise adhere strictly to the following guidelines: