Terms of Use

This Terms of Use Agreement (“Terms of Use”) is a legal agreement between ACA International, a Minnesota non-profit corporation with the notice address noted below (“ACA”), and any person using the website (referred to as “you” or “User”) located at www.knowmydebt.com (“Website”). By using this Website, you accept these conditions and agree to be bound by the terms of the Terms of Use. Please read them carefully. You may print these Terms of Use at any time by clicking on the link on the Website.

ACA provides the Website and various services subject to your compliance with these Terms of Use, any specifically referenced documents contained herein, and any posted guidelines, rules, or other documents applicable to such services or materials posted on the Website that are all incorporated by reference (collectively referred to herein as “Policies”).

ACKNOWLEDGEMENT

BY USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS OF USE. IF USER DOES NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. USER’S REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. USER’S AGREEMENT WITH ACA REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USER’S USE OF THIS WEBSITE.

ACA reserves the right to change the Terms of Use from time to time without notice to User. User agrees it is User’s responsibility to review the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications constitute User’s acknowledgement of the modified Terms of Use and agreement to be bound by the modified Terms of Use. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition is deemed severed and does not affect the validity and enforceability of any remaining condition.

ACA reserves the right to modify or discontinue the Website, including any features included, at any time with or without notice to User. ACA will not be liable to User, or any third party, if ACA chooses to exercise such right. Any new features that augment or enhance the services on the Website are also subject to the Terms of Use.

LEGAL DISCLAIMER

By accessing the Website or otherwise using any information, materials, products, content, design, compilations, magnetic translations, digital conversions, communications, software, photos, video, graphics, music, sounds and other material and/or services that are available on the Website or provided by ACA that can be viewed by Users (“ACA Content”), you agree to the legal disclaimers listed in this section:

• Any ACA Content is presented for educational, general reference, and informational purposes only; is not intended to serve as legal or other advice; is not intended to be a full and exhaustive explanation of the law in any area; and should not replace the advice of your own legal counsel. ACA makes no representation or warranty that the ACA Content is accurate, complete, or current for any specific or particular purpose or application.
• ALL ACA CONTENT IS PROVIDED “AS IS.” ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE SPECIFIED BY ACA IN WRITING. BY USING ANY ACA CONTENT IN ANY WAY, WHETHER OR NOT AUTHORIZED, THE USER ASSUMES ALL RISK AND HEREBY RELEASES ACA FROM ANY LIABILITY ASSOCIATED WITH THE CONTENT, UNLESS PROVIDED IN WRITING BY ACA IN A SEPARATE CONTRACT.
• ACA Content does not include any third-party hyperlinks or other third-party content offered on the Website that is not controlled by ACA (“Third-party Material”) and such inclusion is not intended to, nor constitutes, an endorsement by ACA of the Third-party Materials. The Third-party Material within the ACA Content are solely those of the third-party and do not reflect the opinions of ACA.
• ACA will not be liable for any damages, whether direct, indirect, special, general, consequential, alleged lost profits, or other that may result from any use of or reliance on the ACA Content or any Third-party Material.

INTELLECTUAL PROPERTY

“Intellectual Property” and/or “IP” means any and all United States and foreign intellectual property rights included within any ACA Content, except for any Third-party Material, including, but not limited to: (a) all unexpired patents and patent applications and all rights therein, and any continuation, divisional, extensions, reissues, reexaminations or substitutions thereof, any subsequent filings in any country claiming priority therefrom, and any and all discoveries or inventions whether or not embodied within the foregoing, and any right, whether by license or otherwise, to use or exploit any of the foregoing; (b) all original works of authorship and all copyrights in any jurisdiction (whether or not registered), including, but not limited to, any renewals or extensions thereof, and all derivative works, whether in the current medium or any medium later developed, and any right, whether by license or otherwise, to use or exploit any of the foregoing (“Copyright(s)”); (c) trademarks, service marks, association marks, trade dress or other source identifiers, whether registered or unregistered, that are used by ACA (“Trademark(s)”); and (d) any other proprietary rights associated with ACA’s Content, whether or not it is considered confidential.

RIGHT TO USE

• By accepting the Terms of Use, User acknowledges and hereby agrees that unless expressly stated otherwise, all ACA Content is solely owned and the property of ACA. User is granted a nonexclusive, revocable, non-assignable, limited license to: (a) access the ACA Content available through the Website for personal use; and (b) create a hyperlink to the Website on User’s website, so long as the link does not portray ACA, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner, and User states that ACA is not affiliated with User. All rights not granted herein are reserved for ACA. This license specifically, but not exclusively, does not grant User: (a) any right to use Trademarks or Copyrights without ACA’s express written permission; (b) any right to resale or commercial use of the Website or ACA Content; (c) any right to create derivative use of the Website or ACA Content; (d) any right to use data mining, robots, or similar data gathering and extraction tools in connection to the Website or ACA Content; (e) any right to copy, commercialize, reproduce, modify, republish, upload, post, transmit, create derivative works or distribute any ACA Content from the Website, in any form, or by any means without prior written permission from ACA; (f) any right to frame or utilize framing techniques to enclose any Intellectual Property without express written consent of ACA; (g) the right to use any meta tags or any other “hidden text” using Intellectual Property without the express written consent of ACA; or (h) any ownership rights to any ACA Content.
• Any unauthorized use of ACA Content is strictly prohibited and is a violation of ACA’s rights that may result in criminal or civil penalties, and immediately terminates the permission or license granted herein by ACA.
• ACA does not warrant or represent that User’s use of ACA Content, or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ACA Content is presented for educational, general reference and informational purposes only and is not intended to serve as legal or other advice. ACA Content is not intended to be a full and exhaustive explanation of the law in any area, nor should it be used to replace the advice of your own legal counsel.

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY ACA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ACA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ACA DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM ACA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

ACCESSIBILITY DISCLOSURE

ACA is committed to facilitating the accessibility and usability of its websites for people with disabilities. Working with a retained accessibility consultant, ACA is implementing the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.1 Level AA (“WCAG 2.1”) as its web accessibility standard.

ACA’s continuing efforts to ensure accessibility include:

• The Website will use keyboard navigation optimization so the website can be operated by the keyboard, i.e., in a device-independent manner, without the use of a mouse or other pointing device.
• Foreground/background color schemes will meet or exceed threshold levels specified in WCAG 2.1.
• Multimedia (audio clips or video) will be captioned and, when necessary, described.

Please be aware that our efforts are ongoing. If, at any time, you have questions about the accessibility of any Website pages, or if you’d like additional assistance, please contact us at [email protected] or by telephone at (800) 269-1607. If you do encounter an accessibility issue, please be sure to specify the web page in your email, and we will make all reasonable efforts to make that page accessible for you.

INDEMNIFICATION

Upon a request by ACA, User agrees to indemnify, defend and hold ACA harmless from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. ACA hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with ACA in asserting any available defenses.

PRIVACY POLICY

ACA’s Privacy Policy, located on the Website, as it may change from time to time, is a part of the Terms of Use and incorporated herein by reference. User is solely responsible for reviewing the Privacy Policy which can be found by clicking here.

INTERNATIONAL USE

Although the Website may be accessible worldwide, ACA makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.

ASSIGNMENT

The Terms of Use may be automatically assigned by ACA in its sole discretion. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without ACA’s prior written consent and any attempt to so resell, assign, or transfer will be null and void.

ATTORNEYS’ FEES

In any action, formal or informal, initiated by ACA to enforce the Terms of Use, ACA will be entitled to costs and attorneys’ fees.

INTERPRETATION

If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best affect the intent of the parties or the parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.

APPLICABLE LAW

By using the Website, User agrees that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Terms of Use and any disputes relating in any way to ACA or to products or services sold or distributed by ACA and both ACA and User submit to the exclusive personal jurisdiction and venue of the state or federal court in Hennepin County, Minnesota.

Updated: October 5, 2021