USE OF THE ACORD WEB SITE
By using the ACORD
website, you signify your agreement to be bound by the provisions
contained in this Website Terms of Use agreement (“TOU”), that you are
over 18 years of age, and that you are able to legally enter into this
agreement. If you do not, or are legally unable to, agree to this TOU,
do not use the ACORD website.
PROTECTION OF THIRD PARTY INTELLECTUAL PROPERTY
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
ACORD Corporation
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.org
TRADEMARK 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 Governing Documents page.
ANTITRUST NOTICE
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 the ACORD
website Governing Documents page.
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