ACORD Corporation (“ACORD”) respects the intellectual property of third parties and expects others to do the same. In accordance with applicable law, ACORD has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of users of an ACORD system or network (e.g. this website) who are deemed to be repeat infringers of third party intellectual property rights. ACORD may also, at its sole discretion, terminate the accounts of users of an ACORD system or network who are deemed to infringe any intellectual property right of others, regardless of whether there is any repeat infringement. All ACORD systems and networks are collectively referred to in this TOU as the “ACORD website.” NOTIFICATION OF CLAIMED INTELLECTUAL PROPERTY RIGHT INFRINGEMENT
If you believe that any content made available on, or via link from, the ACORD website infringes upon any copyright or other intellectual property right (e.g. trademark) that you own or control, you may submit a written notification of claimed intellectual property right infringement to ACORD’s Designated Agent (identified below) containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed by ACORD or access to which is to be disabled by ACORD, and information reasonably sufficient to permit ACORD to locate the content.
- Identification of the copyrighted work or other intellectual property claimed to have been infringed, or, if multiple copyrighted works or other content at a single online site is covered by a single notification, a representative list of such works at that site.
- Information reasonably sufficient to permit ACORD to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the content in the manner complained of is not authorized by the copyright or other intellectual property right owner, its agent or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Note: ACORD may provide a copy of the notification described above to the person or persons that posted the content claimed to be infringing.DESIGNATED AGENT
ACORD’s designated agent to receive notifications of claimed intellectual property right infringement is:Tanya Krochta
Senior Vice President & Chief Administrative Officer
1 Blue Hill Plaza, 15th Floor
P.O. Box 1529
Pearl River, NY 10965-8529
Telephone Number: 845-535-6403
Email Address:DMCA-Agent@ACORD.orgTRADEMARK NOTICE
ACORD, ACORD ObjX, ACORD OLifE, AL3, ACORD Advantage, ACORD XML, and "Association for Cooperative Operations Research and Development" are trademarks of ACORD. All other company and product names may be trademarks of their respective owners. The information contained in this Trademark Notice section is subject to change without notice. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY NOTICE
The components and content of the ACORD website are owned by ACORD or its service providers unless otherwise indicated. No content from the ACORD website may be copied, reproduced, republished, posted, transmitted, or distributed in any way, except as otherwise explicitly stated in writing by ACORD (in the case of ACORD-owned components and content) or an ACORD service provider (in the case of components and content owned by that provider). LINKS TO OTHER MATERIALS
Third-party linked sites are not under the control of ACORD and ACORD is not responsible for the content of any linked site or any link contained in a linked site. ACORD reserves the right to terminate any link or linking program at any time. ACORD does not endorse companies, products or services that it links and reserves the right to note as such on the ACORD website. If you decide to access any of the third party sites linked to the ACORD website, you do this entirely at your own risk. YOUR USE OF INTERACTIVE FACILITIES AVAILABLE ON THE ACORD WEBSITE
The ACORD website may contain topical forums, calendars, private messaging systems, personal profile creation and display systems and/or other communication facilities, designed to enable you to communicate with ACORD and others. At all times, you agree to only post, send, upload or otherwise submit content on or through the ACORD website that is topical to the specific facility that you are using and otherwise appropriate for the audience that will receive your content. At all times, you agree to only post, send, upload, submit and otherwise use content on or through the ACORD website in a manner permitted by this TOU, other ACORD documents referenced in this TOU, and applicable law. You shall not engage in any of the following activities on the ACORD website:
- Advertising, offering to sell, or offering to buy any good or service;
- Conducting or forwarding surveys, contests, pyramid schemes or chain letters;
- Redistributing or otherwise using any content of another person or entity that you know, or should reasonably know, can’t lawfully be redistributed or otherwise used by you in the manner you are using it including, without limitation, submitting content protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary permissions;
- Distributing or otherwise using any profane, obscene, indecent or unlawful content, or distributing or otherwise using lawful content in an unlawful manner;
- Defamation, harassment, or otherwise violating the legal rights of others, or violating any law or regulation;
- Posting, sending, uploading or otherwise submitting files that contain viruses, corrupted files or any other similar software or programs that may cause damage to persons or property (such as computers);
- Restricting or inhibiting any other person or entity from using and enjoying the ACORD website, in whole or in part;
- Violating any written code of conduct or other written guidelines which may be applicable to the particular facility you are using.
ACORD is not obligated to monitor the ACORD website but reserves the right to review content posted on it and remove any content in its sole discretion.
By submitting content to or through the ACORD website, you represent and warrant that you own or otherwise control all of the rights to the content necessary to grant the rights and permissions that you grant in the immediately following section of this TOU.USE OF CONTENT THAT YOU ELECT TO SUBMIT TO OR THROUGH THE INTERACTIVE FACILITIES AVAILABLE ON THE ACORD WEBSITE
- You hereby grant to ACORD and its service providers permission to use, in connection with ACORD’s business, the content that you submit to or through the interactive facilities available on the ACORD website, including, without limitation, permission to copy, distribute, publicly display, and publicly perform such content, in whole or in part, and to sublicense others to do the same if done so in connection with ACORD’s normal business activities.
By way of example (and not limitation), your name and a photograph of you that you upload to your profile on the ACORD website may be displayed next to a post that you write and submit to an ACORD website forum. ACORD staff may consider that post to be of potential interest to a larger community of ACORD participants and, in order to give your post increased exposure to such community, ACORD may include your name and photograph in an aggregated-information stream on the ACORD website, together with an ACORD-supplied statement that you made a post to a community on the ACORD website (or ACORD may include your post in that stream). By operation of this TOU, you will have consented to all of the foregoing.
- You understand and agree that no compensation will be paid with respect to the use of the content you submit to or through the interactive facilities available on the ACORD website. ACORD is not under any obligation to post or use any content and may remove any content at any time in ACORD’s sole discretion. ACORD reserves the right to publically disclaim any endorsement, approval, sponsorship or other support of you and/or the content.
- For the avoidance of doubt, submission of content to ACORD, regardless of whether such submission is made via the interactive facilities available on the ACORD website, may be governed by the ACORD Intellectual Property Rights Policy. The ACORD Intellectual Property Rights Policy is available for viewing and download from the ACORD website at http://www.acord.org/about/governance/Pages/GovDocs.aspx.
On the ACORD website, information is exchanged among participants in the insurance and related financial services industries.
Various local, national, and international laws restrict the exchange of information among competitors regarding matters pertaining to pricing, refusal to deal, market division, tying relationships, and other topics which might infringe upon antitrust regulations or lead to an abuse of the standards setting process.
You are prohibited from engaging in any such restricted exchange or otherwise acting contrary to ACORD’s antitrust policies, available for viewing and download at http://www.acord.org/about/governance/Pages/GovDocs.aspx
.HARVESTING PERSONAL INFORMATION
You shall not harvest or otherwise collect information (including, without limitation, email addresses) about any person or entity from the ACORD website without such person or entity’s consent.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE ACORD WEBSITE MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND/OR MAY BE OUT OF DATE. CHANGES MAY BE PERIODICALLY MADE TO THE CONTENT HEREON. ACORD AND/OR ITS SUPPLIERS MAY MAKE CHANGES TO THE ACORD WEBSITE AT ANY TIME.
ACORD AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE ACORD WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY LAW, THE DURATION OF ANY WARRANTIES THAT ARE STATUTORILY REQUIRED NOTWITHSTANDING THE ABOVE DISCLAIMER (IF ANY) SHALL BE LIMITED TO THE LATER OF THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS THE INFORMATION, SOFTWARE, PRODUCT, SERVICE OR CONTENT AT ISSUE. AS THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY SUCH STATUTORILY REQUIRED WARRANTY THAT IS, AS A MATTER OF LAW, NOT HEREBY DISCLAIMED, ACORD SHALL, AT ITS SOLE OPTION, REPAIR, REPLACE, CORRECT OR DELETE FROM THE ACORD WEBSITE THE SUBJECT INFORMATION, SOFTWARE, PRODUCT, SERVICE OR OTHER CONTENT IF SUCH BREACH IS REPORTED IN WRITING TO ACORD DURING THE GREATER OF THE AFORESAID THIRTY (30) DAY PERIOD OR SUCH LONGER PERIOD, IF ANY, REQUIRED BY LAW.
IN NO EVENT SHALL ACORD, ITS MEMBERS, ITS PARTICIPANTS, ITS CONTRIBUTORS, OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM, OR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, BUSINESS REVENUE OR GOODWILL OR OTHER ECONOMIC LOSS, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR RELIANCE ON, THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR AVAILABLE THROUGH THE ACORD WEBSITE, EVEN IF ACORD HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.APPLICABLE LAWS
The ACORD website is controlled by ACORD from its offices within the United States of America. ACORD makes no representation that its content is appropriate or available for use in other locations, and access to it from territories where it is illegal is prohibited. Those who choose to access the ACORD website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export ACORD website content in violation of U.S. export laws and regulations. This TOU shall be construed and interpreted under the internal laws of the United States and the State of New York, without giving effect to its principles of conflict of law.REVISIONS
ACORD may revise this TOU at any time by posting an updated version of it on the ACORD website. You should review ACORD’s then-current TOU from time to time because the provisions contained herein, as revised, are and will be binding on you. OTHER LEGAL NOTICES
Certain provisions of this TOU may be superseded by expressly designated legal notices or terms located on particular pages on the ACORD website.HEADINGS
The headings of the various sections hereof are intended solely for the convenience of reference and are not intended for any purpose whatsoever to explain, modify or place any construction upon any of the provisions of this TOU.SEVERABILITY
In the event any provision of this TOU is held invalid or unenforceable then neither the remaining provisions of it nor other applications of the provisions involved shall be affected thereby.Last updated: December 2012