Terms of Use

Acceptance of the Terms for Using ACAinsights.org

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Your use of this website is expressly conditioned on your compliance with and acceptance of the terms and conditions which follow.  By using this website, you signify your assent to these terms and conditions and our related privacy policy. If you do not agree with any part of the following terms and conditions or privacy policy, do not enter or use this website.

Ownership.

This website, and each of its components, is the copyrighted property of ACA Insights, Inc. “ACA Insights”, and its affiliates, various third-party providers and distributors.  Portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers.  None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of ACA Insights and its third-party providers and distributors.  In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common-law trademarks of ACA Insights, its affiliates, and various third parties.  Nothing contained on this website grants, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of ACA Insights or such other party that may own the Trademark.

Use of the Website

You may only use this website to browse the content, make inquiries to ACA Insights, investigate specific ACA Insights products and services, to use the online services of the ACA Insights product and for any other non-prohibited purposes.  This website and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of ACA Insights, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only.  “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing by ACA Insights.  Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials you print or download.  The use of materials from this website on any other website or in any environment of networked computers is prohibited.  You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  You will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of ACA Insights.  In addition, you will not use any robot, spider, other automatic device, or manual process to monitor or copy the website or its individual pages or the content contained therein, without the prior written consent of ACA Insights (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

You may not:

  • Use any illustrations, photographs, video or audio sequences or any graphics or accompanying text found on this website in connection with your business.
  • Reproduce, sell or exploit for any commercial purposes any part of this website, access to this website or use of this website or any services or materials available through this website.

If you wish to make any use of material on this website other than as set out in this section, you may not do so without the explicit written permission of ACA Insights.  Please address any request to: info@ACAinsights.org.

No right, title or interest in or to this website or any content within this website is transferred to you, and all rights not expressly granted are reserved by ACA Insights.  Any use of this website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses.

You may use this website for lawful purposes and in accordance with these Terms of Use.  You may not use this website:

  • In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • To exploit or harm or attempt to exploit or harm minors by exposing them to inappropriate content or asking for personally identifiable information in violation of federal or local law.
  • To impersonate or attempt to impersonate ACA Insights or an ACA Insights employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this website, or which, as determined by us, may harm ACA Insights or users of this website or expose them to liability.

Additionally, you may not:

  • Use this website in any manner that could disable, overburden, damage, or impair this website or the computer network on which it is located or interfere with the use of this website by any other party, including its ability to engage in real time activities through this website.
  • Use any manual process to monitor or copy material on this website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of this website.
  • Introduce into this website any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any portions of this website, the server on which this website is stored, or any server, computer, network or database connected to this website.
  • Attack this website via a denial-of-service attack or a distributed denial-of-service attack or otherwise utilize any other method to attempt to interfere with the proper operation and functioning of this website.

Password Obligations and Prohibited Multiple Users.

Access to this website is only granted on a single user basis and each login and password assigned to a user is limited only to that user and sharing of login(s) and password(s) among multiple users is expressly prohibited.  Entity users who wish to purchase block access must obtain express permission from ACA Insights.  By purchasing single user access, the purchaser hereby agrees and understands that access to content is solely granted to that purchaser.  Any violation of this prohibition will result in revocation of access rights without refund or recourse.

Further, each user is responsible for the security of their own login and password.  Intentional sharing of passwords is prohibited and access to the website as a result of the user’s failure to secure their own login and password information shall be the responsibility of the user.      

Age and Responsibility.

You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you, or the entity you represent, may incur because of the use of this website.  You understand that you are financially responsible for all of your uses of this website.

Privacy.

You represent that you have read the ACA Insights' privacy policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.  You consent to the use of any information submitted to ACA Insights and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the ACA Insights Privacy Policy.

Monitoring and Enforcement; Termination.

We monitor use of this membership website to confirm proper functioning and performance, to perform site optimization analyses and to confirm compliance with these Terms of Use.

We may:

  • Take appropriate legal action against you, including without limitation, referral to law enforcement, for any illegal or unauthorized use you may make of this website.
  • Terminate your access to all or part of this website for any or no reason, including without limitation, any violation of these Terms of Use.

Reliance on Information Posted.

The information presented on or through this website is made available solely for general information purposes.  We do not warrant the completeness or usefulness of this information for specific cases.  Any reliance you place on this information is strictly at your risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this website, or by anyone who may be informed of any of its contents or from the results of your use of such materials.

ACA Disclaimer.

By using this website, you acknowledge that the information provided is not legal or tax advice.  You further acknowledge that you understand that the intended use of the information contained in this website is solely provided to raise awareness of compliance requirements and that all interpretation and decision making regarding those compliance matters should be reviewed with your company’s employee benefits attorney.

Refund Policy.

All sales are final.

Global Availability/Export Controls.

This website and services are controlled and operated by ACA Insights from location(s) in the United States.  ACA Insights makes no representation that the website, services or materials accessed or described on the website are appropriate or available for use in other locations, and access to them from other countries.  Access to or use of the website, services or materials accessed on or described on the website by persons or from countries that are sanctioned by the United States is specifically prohibited.

Those who access this website so do on their own and are responsible for compliance with all applicable U.S. and local laws.  You may not export or re-export any services, information or materials accessed on or described on this website except in full compliance with all United States laws and regulations.

Special Note for Parents.

No portion of this website are designed to be of special interest to children and ACA Insights does not seek through this website to transact business with persons under the age of 17.  However, if we ever determine that we have collected any personal information from persons under the age of thirteen (13) we will promptly delete it.

Changes to this Website.

In ACA Insights’ sole discretion, without notice, it may revise, amend, delete or expand any portion of these Terms of Use, or any service or material provided on this website.  Your use of this website after such changes constitutes your agreement to such changed Terms of Use.

You are advised to check each page you visit on this website.  Some locations may have special additional terms and conditions that apply to use of or interaction with that location.  The terms and conditions of these locations may also be changed at any time without notice.  Your use of that location constitutes your acceptance of those special additional terms and conditions.

Information About You and Your Visits to this Website.

All information we collect on this website is subject to our privacy policy.  By using this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You represent and warrant that all data you provide is accurate.

Linking to and from this Website.

You may link to this website provided you do so in a way that does not damage our reputation or take advantage of it, but you may not establish a link in such a way to suggest any form of association, approval or endorsement without the prior written approval of ACA Insights.

This website may not be framed on any other site.  You will immediately cease any unauthorized framing.  We may withdraw any and all linking permission without notice.

If this website contains links to sites provided by third parties, these links are provided only for your convenience.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any third-party websites linked from this website, you do so at your risk and subject to the terms of use and privacy policy for such websites.  We recommend that you review such terms of use and privacy policy prior to browsing such websites.

A link to or from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.

Geographic Restrictions.

The owner of this website is based in the State of Illinois in the United States.  We provide this website for use only by businesses and their employees located in the United States.  We make no claims that this website or any of its content is accessible or appropriate outside of the United States.  Access to this website by certain individuals or from certain countries may not be legal.  If you access this website from outside the United States, you are responsible for compliance with local laws.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading over the Internet from this website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data.

WE ARE NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK OR A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED FROM ACA INSIGHTS OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THIS WEBSITE OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK.  THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER ACA Insights NOR ANY PERSON ASSOCIATED WITH ACA INSIGHTS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER ACA INSIGHTS NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED FROM THIS WEBSITE WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED FROM THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ACA INSIGHTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability.

IN NO EVENT WILL ACA INSIGHTS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES.  ACA INSIGHTS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR ANY WEBSITE LINKED TO IT OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO IT.  IN NO EVENT WILL ACA INSIGHTS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification.

You will defend, indemnify and hold harmless ACA Insights, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers (together, “Indemnitees”) from and against any claims, actions, demands, causes of actions and other proceedings (the “Claims”) arising from your use of this website, liabilities, damages, judgments, awards, losses, costs, fines, expenses or fees (including reasonable attorneys’ fees) (the “Losses”) resulting from the violation of these Terms of Use or your use of this website, including, without limitation, any use of this website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from this website and you will reimburse the Indemnitees, on demand, for any Losses that result from any Claims. 

Submissions.

“Submissions” means all comments, feedback, suggestions, photos, email and similar information or materials that you submit to ACA Insights regarding ACA Insights or its products or services.  Submissions will not be confidential and will become the property of ACA Insights upon submission to ACA Insights.  By providing any Submissions, you hereby assign to ACA Insights, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions.  You represent and warrant that any Submission you provide to ACA Insights will be complete and accurate.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not ACA Insights, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.  

Except as expressly stated and agreed upon in advance by ACA Insights, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to ACA Insights (such as feedback, questions, comments, suggestions, ideas, etc.).  If any ACA Insights website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), ACA Insights shall obtain, use and maintain it in a manner consistent with our Privacy Policy.  Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and ACA Insights shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to ACA Insights is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.   

Product Availability.

Reference to any product on this website constitutes an offer to sell or supply that product and does not mean that the product is available when you view it.  In no way does ACA Insights imply that the products on this website are appropriate or available for use outside of the United States and ACA Insights may not be able to provide you with our products or services if they are required outside of the United States.

Prices.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price

Governing Law and Jurisdiction.

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any lawsuit, action or proceeding arising out of, or related to, these Terms of Use or this website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois located in the City of Chicago and County of Cook although we retain the right, if we so choose, to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver.

No waiver of these Terms of Use by ACA Insights shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ACA Insights to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible so that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Entire Agreement.

The Terms of Use and the Privacy Policy constitute the sole and entire agreement between us and you with respect to your use of this website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this website.

Your Comments and Concerns.

This website is operated by ACA Insights, Inc., P.O. Box 3677, Joliet, IL 60434 USA.  All notices of copyright infringement claims should be emailed to info (at) ACAinsights (dot) org.  All other comments, requests for technical support and other communications relating to ACA Insights should be directed to support (at) ACAinsights (dot) org.

Additional TermsAdditional terms and conditions may apply to other uses of portions of this website and you must abide by such other terms and conditions.

Severability

These terms and conditions are severable.  If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HeadingsThe heading used in these Terms of Use are included by convenience only and will not limit or otherwise affect these Terms of Use.

Copyright Act Agent.

ACA Insights respects the intellectual property rights of others, and requires that the people who use the website do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent:

Helen Karakoudas

ACA Insights, Inc.

P.O. Box 3677

Joliet, IL 60434

Email: helen (at) ACAinsights (dot) org

 

Entire Agreement.

These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.