Legal & Privacy Policy

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. Subject to this Privacy Policy, personal information will be shared between ACC and its subsidiaries, including ACCCI.

For purposes of this Privacy Policy, a “candidate” is an individual who has applied to ACCCI for the ACC In-house Counsel Certification Program, but who has not yet met all of the requirements to obtain the In-house Counsel Certified designation.

ACCCI is committed to the protection of your personal information. This Privacy Policy sets out the basis on which we collect and use personal information about you as part of our business activities. Please read this policy before visiting the ACCCI website or before providing any personal information to ACCCI.

This Privacy Policy describes in detail who is responsible for the personal information that we collect about you, what personal information we collect, how we will use such personal information, who we may disclose it to and your rights and choices in relation to your personal information.

In this Privacy Policy where we use the words personal information we use these words to describe information that is about you and which identifies you. Section 2 below sets out the personal information we collect in more detail.

For the purpose of data protection law, ACCCI is the data controller in respect of the personal information that we collect and use as part of our business activities. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

While some of the information collected is required for certification or business engagement purposes, other information is voluntarily given by the individual. The type of personal information that ACCCI may collect could include, but not limited to, the following:

• Your full name, address, phone, fax and email contact information
• Your practice areas
• Law school name and graduation date
• Years of practice
• Legal bar association
• Information about your employment such as employer name, title, address, the industry of your employer, and size of your legal department
• Payment information
• Dietary preferences and requirements
• Photos
• Preference information, such as the communications you receive from us
• Information you provide to us for the purposes of attending meetings, events, webinars and other programs
• Any other information relating to you (or other individuals) which you may provide to us

If you are providing personal information to us relating to a third party, you confirm that you have the consent of the third party to share such personal information with us and that you have made the information in this Privacy Policy available to the third party.

Some countries consider some personal information particularly sensitive or special. ACCCI only collects this data when voluntarily given by the individual, such as for processing CLE/CPD 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:

• Date of birth
• Jurisdictions in which you are licensed to practice law
• Ethnicity, nationality, gender and other demographic information

We collect information when you provide it to us, such as when you use the “contact us” feature on the website or otherwise communicate with us (such as by email or via our social media pages).

ACCCI collects certain information automatically when you use the website, such as the IP addresses and domain names of visitors, browser type, history of pages viewed and other usage information about your use of the website. We collect this information for site administration purposes, such as to analyze this data for trends and statistics. 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.

As noted above, we collect information from you in the course of your use of the ACCCI website, products and services. For example, we collect information from you when you enroll as a member. We collect information from you when you contact or communicate with us (including through the website, by email or otherwise). We also collect your personal information while monitoring the ACCCI website, products and services. We gather information about you when you provide it to us, or interact with us directly, for instance engaging with our staff or registering for an event. We may also in certain cases collect or receive information about you from other sources, such as from an administrative user in your organisation in order to create a member account for you.

ACCCI collects personal information for the following principal purposes. We have also set out below the legal basis (as set out in data protection law) that we rely on to justify this use of your personal information.

Purpose	Legal Bases
To provide the ACCCI website and certification services to you	For our legitimate business purposes (i.e., the provision of the ACCCI website, services, and registration system) and, depending on the circumstances, to perform a contract between you and us
To determine certification eligibility and apply for the certification program;	For our legitimate business purposes (i.e., the provision of the ACCCI certification program) and, depending on the circumstances, to perform a contract between you and us
To register individuals for ACCCI events (i.e. educational courses, programs, etc.);	For our legitimate business purposes (i.e., the provision of the ACCCI website and services, including events) and, depending on the circumstances, to perform a contract between you and us
To provide you with certification benefits, products or services that you have requested and related information about those products and services	For our legitimate business purposes (i.e., the provision of the ACCCI website and services) and, depending on the circumstances, to perform a contract between you and us
To communicate with you and to respond to questions that you have raised with us;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services)
To develop candidate and certification directories for both ACCCI and subject area networks;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services)
To administer and improve the ACCCI website;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services, as well as to improve and ensure the security of those products and services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law (e.g., in relation to our use of certain cookies)
To process your payment for ACCCI services, products and events;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services)
To administer and provide you with the benefits of ACCCI certification;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services)
To send you, or for our third-party partners to send you, information about products, services and events that may be of interest to you based on your preferences;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To administer surveys;	For our legitimate business purposes (i.e., the provision of the ACCCI website and services) We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law
To prevent and detect fraud; and	For our legitimate business purposes and for compliance with legal obligations to which we are subject
To protect and enforce our legal rights	For our legitimate business purposes and for compliance with legal obligations to which we are subject

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 – or 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 ACC or a chapter/division thereof, in order for you to continue to receive the same products and services from the third party.

We may share information with ACC and its affiliated entities, such as its chapters and divisions. See more information with respect to such transfers under the section entitled “Transfer of Personal Information Across Borders.”

We may share your information with personal advisors, such as accountants and lawyers, who assist us in carrying out our business activities.

ACCCI may share personal information with third parties engaged to assist ACCCI in providing services to you or to carry out one or more of the purposes described above. These service providers are prohibited from using your personal information for any purpose other than to provide this assistance and are contractually required to protect personal information disclosed by ACCCI and to comply with the general privacy principles described in this Privacy Policy. For example, we share your information with service providers, contractors and sub-contractors to help us provide the website, products, events and services. For example, we may use a service provider to process payment information, manage our events, provide analytics or use third party software to manage our customer relationship management (“CRM”) system. When we use service providers we provide limited access to your information so that such service provider can perform the tasks on our behalf.

In addition to the uses and disclosure of personal information noted above, personal information of ACCCI members and registrants at our events may be shared with the following entities when we have obtained your consent prior to such disclosure:

• When you have provided consent, we share your limited information, including personal information, as described at the time of consent, such as when you authorize a sponsor of one of our events to contact you with information about the sponsor’s activities. For example, personal information of registrants of ACCCI's educational programs may be shared with sponsors of these programs for promotional purposes if you have consented to such sharing. You will also 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.
• ACC affiliates, including ACCCI, and chapters/divisions are prohibited from distributing or selling member mailing lists. This includes email addresses, phone numbers and fax numbers. ACC maintains this policy so unwanted companies, vendors or law firms will not solicit its affiliates, or chapter/division members. If a vendor or sponsor wants access to a mailing list of any ACC affiliate, including ACC chapters/divisions for solicitation purposes, they should be instructed to contact the ACC headquarter office. They will be subject to the mailing list policy as stated above.
  
  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 ACC benefits or services.

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.

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 ACC and ACCCI is a global organization, headquartered in the United States. We may allow your personal information to be shared with our related entities or third-party service providers based both within the United States and in other countries. This may entail a transfer of your information from a location within the European Economic Area (the “EEA”) to outside the EEA, or from outside the EEA to a location within the EEA. Please see the section entitled ‘Who do we Share your Personal Information with’ for more detail on how the information may be shared with ACC related entities and third-party service providers.

When we provide your personal information overseas, we do so in connection with providing you with certification 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. Where we transfer information outside of the EEA, we will implement appropriate measures to ensure that your personal information remains protected and secure in accordance with applicable data protection laws. For example, we will implement EU standard contractual clauses (as contemplated by Article 46(2) of the European Union’s General Data Protection Regulation) between the ACC related entities that share and process personal data. Where our third party service providers process personal data outside the EEA in the course of providing services to us, our written agreement with them will include appropriate measures, usually standard contractual clauses. For more information about the measures in place, please contact us (see section below ‘Contacting ACC with Questions, Concerns or Complaints').

Unfortunately, the transmission of information via the internet is not completely secure. Although we use reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website and any transmission is at your own risk. Once we have received your personal information, we will use reasonable and appropriate procedures and security features to try to prevent unauthorized access.

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

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.

THE BELOW TABLE APPLIES TO INDIVIDUALS LOCATED IN THE EUROPEAN UNION (EU) AND EUROPEAN ECONOMIC AREA (EEA) ONLY: You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights and who to contact to exercise them.

	Summary of your rights	Who to contact
Right of access to your personal information	You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. We may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require).;	You may effectuate this right by contacting: certification@acc.com
Right to rectify your personal information	You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.	You may effectuate this right by contacting: certification@acc.com
Right to erasure of your personal information:	You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation.	You may effectuate this right by contacting: certification@acc.com
Right to restrict the use of your personal information	You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.	You may effectuate this right by contacting: certification@acc.com
Right to data portability	You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means.	You may effectuate this right by contacting: certification@acc.com
Right to object to the use of your personal information	You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes.	You may effectuate this right by contacting: certification@acc.com
Right to withdraw consent	You have the right to withdraw your consent at any time where we rely on consent to use your personal information.	You may effectuate this right by contacting: certification@acc.com
Right to complain to the relevant data protection authority	You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law.	Find your National Data Protection Authority online.

We will keep your personal information for the period of time that you are certified by the ACCCI and for 10 years after certification lapses.

ACCCI's website may contain links to other sites such as ACC and ACC's Alliance Partners or relevant legal services sites. These sites are not controlled by ACCCI and ACCCI is not responsible for any content contained on any such website. We are not responsible for the privacy practices employed by other sites, and the privacy practices employed by such sites may not be the same as ACCCI’s practices. As with our website, you should become familiar with any external party's privacy policy before visiting and/or providing any personal information through any such site.

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.

ACCCI uses cookies to manage our website and email programs. A cookie is a small file placed on your computer when you visit a website. Cookies are used to store information to manage your website experience such as your type of web browser. A cookie can also store preference information to customize your website experience.

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:

• accciCustomerSessionKey
• visid_incap_1372971
• ASP.NET_SessionId

Additionally, ACCCI website will utilize the following Google Analytic cookies:

• _ga
• _gid
• _gat_gtag_UA_110673249_2

Please refer to your browser’s help menu for instructions on viewing and removing cookies.

Should you have any questions, concerns or a complaint about this Privacy Policy, please contact ACC’s Office of General Counsel at +1.202.293.4103 x342, ogc@acc.com, or via mail at 1001 G Street NW Suite 300W Washington, DC 20001 USA. 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.

You are entitled to make an anonymous complaint or inquiry in relation to this Privacy Policy or your privacy rights; however, we may require you to identify yourself if required by law or it is impracticable for us to deal with your matter otherwise.

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, ACCCI 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.

Please refer to ACC’s Terms of Use on all issues related to accessing, posting and sharing information through ACC’s website and communication services.

Any material changes to the privacy policy will be posted on this page. The updated Privacy Policy will take effect as soon as it has been updated.

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.

For purposes of ACCCI’s Terms of Use, a “candidate” is an individual who has applied to ACCCI for the ACC In-house Counsel Certification Program, but who has not yet met all of the requirements to obtain the Certified In-house Counsel designation.

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 change the terms, conditions, and notices under which the ACCCI Website is offered in our sole discretion, including but not limited to the changes associated with the use of the ACCCI Website. Your continued use of the ACCCI Website following the posting of revised Terms of Use means that you accept and agree to the changes.

You may not use the ACCCI Website and may not accept the Terms of Use (“Terms”) if you are a person barred from using services that ACCCI provides under the laws of any country in which you are resident or from which you use the Services.

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.

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.

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.

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 certification@acc.com. You agree to not share access to the ACCCI Website.

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.

All comments, concerns and notices of violations of these Terms of Use can be made to certification@acc.com. 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.

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.

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.

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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACCCI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ACCCI WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ACCCI WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ACCCI WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ACCCI WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACCCI (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ACCCI WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACCCI WEBSITE.

Except as specifically stated in these Terms, 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.

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.

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 ogc@acc.com the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number and email address;
5. 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
6. 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.

ACCCI makes no claims regarding access or use of the Website or ACCCI content outside of the United States. If you use or access the Website or ACCCI content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

For information about ACCCI data protection practices, please read ACCCI’s Privacy Policy. This policy explains how ACCCI treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with ACCCI’s Privacy Policy. 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 certification@acc.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.

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.

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 ogc@acc.com