ACCCI is committed to the protection of your personal information. We are also committed to allowing you to choose how ACCCI discloses and uses your personal information. Please read this policy before visiting the ACCCI website or before providing any personal information to ACCCI.
ACCCI is using the Eventbrite registration system to manage registrations and applications. Please refer to Eventbrite's Terms of Service
Collecting Personal Identifiable Information
In general, you may visit our website without telling us who you are or revealing any information about yourself. ACCCI 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.
Some of the information collected is required for applicant, candidate or business engagement purposes, while other information is voluntarily given by the individual. The type of personal information that ACCCI may collect could include, but is not limited to, the following:
- Your name, address, phone and email contact information
- Your practice areas
- Law school name and graduation date
- Jurisdictions in which you are licensed to practice law
- Years of practice
- Information about your employment such as employer name, title, address, the industry of your employer, and size of your legal department
Some countries consider some personal information particularly sensitive. ACCCI only collects this data when voluntarily given by the individual for processing Continuing Legal Education (CLE)/Continuing Legal Professional Development (CLPD) when necessary, and for statistical purposes only. ACCCI does not share this information with third parties for direct marketing purposes. Such information may include the following:
- Year of birth
- Ethnicity, nationality, gender and other demographic information
Use of Personal Information
Unless otherwise stated, ACCCI will only use personal information provided by users for marketing and promotional purposes.
ACCCI collects personal information for the following purposes:
- To determine candidate eligibility and enroll a candidate in programs offered by ACCCI;
- To register individuals for ACCCI events (i.e. programs, conferences, etc.);
- To provide you with products or services that you have requested;
- To communicate with you and to respond to questions that you have raised with us;
- To develop candidate directories for ACCCI;
- To administer the ACCCI website;
- To process your payment for ACCCI products and events;
- To forward to you information concerning upcoming ACCCI events;
- To administer and provide you with the benefits of ACCCI candidacy;
- To prevent and detect fraud; and
- To protect and enforce our legal rights.
ACCCI reserves the right to disclose and/or transfer personal information to a third party, if ACCCI 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, ACCCI 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, authorizes us to do so, or to respond to an emergency situation.
ACCCI 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 ACCCI, or of any of the business of ACCCI or 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. ACCCI owns and maintains the copyright of the written resource, recordings of the programs and any subsequent written materials provided with program, including the submitted biographies. ACCCI 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
ACCCI 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 candidate 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 disclose your personal information to a third party, such as an overseas authority. If you consent to us disclosing your personal information, ACCCI 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 ACCCI applicants and candidates may be shared with the following entities:
- Personal information of registrants of ACCCI's events and educational programs may be shared with sponsors of these meetings for promotional purposes. You have the option to opt-out of sharing this information when you register for the programs. The information provided will contain the name, title, company and mailing address of all meeting attendees.
If you choose not to provide ACCCI with your personal information, you may still visit most of the ACCCI website. However, you may be unable to access certain options, offers and services and you may be unable to take advantage of certain ACCCI benefits.
Removing, Correcting or Updating Personal Information
If you change your mind on how ACCCI 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.
Candidates may at any time revise personal information or question it by directly contacting us at +1 (202) 349-1526. If you do not want to make a long distance phone call, please email us at email@example.com
with your contact information and best times to reach you, and we will contact you as soon as it is practical. Please note that ACCCI requires user authentication before we are able to correct or update personal information, which may include a two-factor authentication process.
Additionally, you may request ACCCI to remove your personal information. Furthermore you will be able to obtain a copy of your personal information that ACCCI has on file. You may make these requests by directly contacting us at +1 (202) 349-1526. If you do not want to make a long distance phone call, please email us at firstname.lastname@example.org
with your contact information and best times to reach you, and we will contact you as soon as it is practical. Please note that ACCCI requires user authentication before we are able to correct or update personal information, which may include a two-factor authentication process.
Links to Other Websites
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, ACCCI may not be able to provide you with all the service or functionality you require on the ACCCI website if you choose to disable cookies.
You may also remove cookies from your browser. The cookies ACCCI has loaded onto your browser are:
Additionally, ACCCI website will utilize the following Google Analytic cookies:
Please refer to your browser’s help menu for instructions on viewing and removing cookies.
Contacting ACC/ACCCI 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.
on all issues related to accessing, posting and sharing information through ACCCI’s website and communication services.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ACCCI 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 ACCCI, 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 ACCCI 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.
ACCCI 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. ACCCI may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions.
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 08 January 2018.
The ACC Credentialing Institute (ACCCI) is the credentialing arm of the Association of Corporate Counsel (ACC). Unless otherwise stated, the policies of ACC shall apply to ACCCI. In the event of a conflict between the policies of ACC and ACCCI, the written policy of ACCCI shall apply.
to obtain the Certified In-house Counsel designation.
AGREEMENT BETWEEN USER AND ACCCI
The ACC Credentialing Institute (ACCCI) Website is composed of various web pages operated or hosted for ACCCI. “ACCCI Website” shall be defined herein to include accci.inreachce.com and all other web pages operated or hosted for ACCCI, including those operated or hosted by third party providers (“Services”).
The ACCCI Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the ACCCI Website constitutes your agreement to all such terms, conditions and notices.
ACCCI 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 ACCCI Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ACCCI, and ACCCI 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. ACCCI is not responsible for webcasting or any other form of transmission received from any Linked Site. ACCCI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACCCI of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ACCCI Website, you warrant to ACCCI that you will not use the ACCCI Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the ACCCI Website in any manner, which could damage, disable, overburden, or impair the ACCCI Website or interfere with any other party's use and enjoyment of the ACCCI 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 ACCCI Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
ACCCI and ACCCI applicants and candidates need to be mindful of constraints of anti-trust or competition laws when engaging with each other at ACCCI–hosted activities. ACCCI's 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, attendees and candidates 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, candidates 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 ACCCI 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 ACCCI 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 ACCCI immediately at email@example.com
. You agree to not share access to the ACCCI Website.
USE OF COMMUNICATION SERVICES
The ACCCI Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, candidate 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. 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:
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Solicit for any open jobs or positions, either temporary or permanent, or make any other type of solicitation ACCCI deems to be inappropriate;
- Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
- Use the Communication Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;
- Violate any applicable laws or regulations.
ACCCI has no obligation to monitor the Communication Services. ACCCI 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.
. If you have a concern about copyright ownership to any information posted on ACCCI’s website, please refer to the DMCA provisions below.
However, ACCCI reserves the right to:
- Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ACCCI Website.
- Change, terminate or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. ACCCI also has the right to require you to cease accessing any features, content or materials of the Communication Services.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ACCCI does not control or endorse the content, messages or information found in any Communication Service and, therefore, ACCCI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. ACCCI applicants or candidates are not authorized ACCCI spokespersons, and their views do not necessarily reflect those of ACCCI.
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 ACCCI OR POSTED TO ANY ACCCI WEBSITE
ACCCI does not claim ownership of the materials you provide to ACCCI (including feedback and suggestions) or post, upload, input or submit to any ACCCI Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ACCCI 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 ACCCI.
No compensation will be paid with respect to the use of your Submission, as provided herein. ACCCI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ACCCI’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.
ACCCI 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 ACCCI 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 ACCCI WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACCCI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ACCCI WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ACCCI 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.
ACCCI 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 ACCCI 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. ACCCI 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 ACCCI 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
ACCCI 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
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
PRIVACY AND PERSONAL INFORMATION
. If you become aware of any unauthorized use of your password or of your account, you agree to notify ACCCI or its parent ACC immediately at email@example.com
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ACCCI 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 ACCCI on the Services are subject to change without specific notice to you.
All contents of the ACCCI Website are: Copyright 2018 by ACCCI and/or its suppliers. All rights reserved.
All ACCCI 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 ACCCI trademark without written authorization from ACC or ACCCI within its delegated capacity.
The names of actual companies and products mentioned within the ACCCI 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 ACCCI and govern your use of the Services (but excluding any services which ACCCI may provide to you under a separate written agreement), and completely replace any prior agreements between you and ACCCI in relation to the Services.
You acknowledge and agree that the form and nature of the Services, which ACCCI provides, may change from time to time with or without prior notice to you
ACCCI has affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these organizations will be providing the Services to you on behalf of ACCCI. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
As part of ACCCI’s continuing innovation, you acknowledge and agree that ACCCI may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ACCCI’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform ACCCI when you stop using the Services.
You acknowledge and agree that if ACCCI 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 ACCCI, 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 ACCCI candidates to law firms or other vendors who are not ACCCI candidates. You agree that you are solely responsible for (and that ACCCI 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 ACCCI may suffer) of any such breach.
You acknowledge and agree that while ACCCI 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 ACCCI at any time, at ACCCI’s discretion.
You agree that if ACCCI does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ACCCI has the benefit of under any applicable law), this will not be taken to be a formal waiver of ACCCI’s rights and that those rights or remedies will still be available to ACCCI.
Unless ACCCI 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 candidate access with non-candidates or ineligible candidates.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and ACCCI 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 ACCCI (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, USA. 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 ACCCI under the Terms, shall be governed by the laws of the District of Columbia, USA, without regard to conflict of laws provisions. You and ACCCI 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 ACCCI 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 08 January 2018.
ACCCI 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, candidates should be free to make business decisions based on the dictates of the market, not the dictates of ACCCI.
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. ACCCI candidates 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:
- DO NOT discuss prices, fees or rates, or features that can impact (raise, lower or stabilize) prices such as discounts, costs, terms and conditions of sale, warranties or profit margins. Note that a price-fixing violation may be inferred from price-related discussions followed by parallel decisions on pricing by ACCCI candidates, even in the absence of an oral or written agreement.
- DO NOT agree with competitors as to uniform terms of sale, warranties or contract provisions.
- DO NOT exchange data concerning fees, prices, production, sales, bids, costs, customer credit or other business practices unless the exchange is made pursuant to a well-considered plan that has been approved by the company’s legal counsel.
- DO NOT agree with competitors to divide up customers, markets or territories.
- DO NOT agree with competitors not to deal with certain suppliers or others.
- DO NOT try to prevent a supplier from selling to your competitor(s).
- DO NOT discuss your customers with your competitors.
- DO NOT agree to any membership restrictions, standard-setting, certification, accreditation, or self-regulation programs without the restrictions or programs having been approved by the company's legal counsel.
- DO insist that ACCCI meetings that have agendas are circulated in advance and that minutes of all meetings properly reflect the actions taken at the meeting.
- DO leave any meeting (formal or informal) where improper subjects are being discussed. Tell everyone why you are leaving.
- DO ensure that if questions arise about the legal aspects of ACCCI's activities or your individual responsibilities under the antitrust laws, you seek advice and counsel from your own counsel. Any questions about ACCCI's antitrust statement should be directed to ACC's Office of General Counsel, Office of General Counsel at firstname.lastname@example.org