Terms of Service & Privacy Policy

GLCCA WEBSITE TERMS OF USE AND PRIVACY POLICY

I. GENERALLY

This Terms of Use Agreement (“Agreement”) is a legal agreement between the Great Lakes Credit and Collection Association (“GLCCA”), a Wisconsin non-profit corporation whose notice address is contained below and each user who has completed the online access registration process, provided information and/or is using GLCCA’s website (“User/You”) located at the domain www.glcca.org (“Website”). GLCCA provides the Website and various services subject to User’s compliance with this Agreement, any specifically referenced documents contained herein and any posted guidelines, rules or other documents applicable to such services or materials posted on the Website, each of which are incorporated herein by reference (collectively referred to herein as “Terms of Use”). By using this Website, purchasing products from GLCCA, or utilizing any service or business offered online by GLCCA; you accept these conditions and agree to be bound by the terms of this Agreement.

Please read them carefully. “Use” means accessing the website found on www.glcca.org (“Website”); becoming a GLCCA Member, or otherwise participating in GLCCA’s programs; receiving and/or viewing GLCCA publications; taking GLCCA courses; purchasing any goods and/or services from GLCCA; or registering to use the Website. You may print this Agreement at any time. This Agreement becomes effective immediately upon commencement of Website use; if you do not agree to these terms do not Use the Website or the Content. “Content” is defined as including, without limitation, information, materials, products, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds, data and other material, information and services that relate to the Website or that can be viewed by Users on the Website including, without limitation, presentations & seminars, message boards, chat, other original content, text, communications, software, images, sounds, data or other information regardless of format such as PowerPoint® slides, MP3s, CDs, DVDs, PDFs, or other information provided by GLCCA or the User in connection with GLCCA or the Website.

A. MODIFICATION OF TERMS: GLCCA reserves the right to change the Terms of Use from time to time without notice to User and the right to modify or discontinue the Website, including any features, at any time with or without notice to User. User acknowledges and agrees that it is User’s responsibility to review this Website and the Terms of Use periodically and to be aware of any modifications. User’s continued use of this Website after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. GLCCA shall not be liable to User or any third party if GLCCA 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.

B. EMAIL ADDRESS: By providing User’s email address to GLCCA, User consents to receive electronic communications from GLCCA. GLCCA will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that GLCCA provides to User electronically, satisfies any legal requirement that such communications be in writing.

C. THIRD PARTY SITES AND INFORMATION: The Website Content may link User to other sites on the Internet or include third party User Data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third Party Content”). Third Party Content includes opinions, presentations, articles, hyperlinks or other third party provided information. User acknowledges that Third Party Content: (a) may contain information or material that some people may find inappropriate or offensive; (b) is not intended to constitute or imply an endorsement by GLCCA of, or an association with, the author of the Third Party Content; (c) is not under GLCCA’s control and GLCCA takes no responsibility for the accuracy, copyright compliance, legality, decency or any other aspect of any Third Party Content; (d) GLCCA is not responsible for errors or omissions in any references to other parties or their products and services.

D. PRIVACY POLICY

1. PUBLIC SITE: Anyone can access the GLCCA public portion of the site without identifying themselves or providing a password.

2. COOKIES: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as member login. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of GLCCA’s features, and we recommend that you leave them turned on. GLCCA does not currently respond to or otherwise take any action with regard to Do Not Track requests.

E. USER DATA: In order to access some of the member-only products, services, and content on the Website, User will require an account and password (“Registration Data) issued by GLCCA upon receipt of request from the User and GLCCA confirmation of current membership (“Registration Data”). User is solely responsible for maintaining the confidentiality of User’s password and account and for any and all statements made and acts or omissions that occur through the use of account associated with the Registration Data (“Account”) and agrees to abide by the GLCCA Code of Ethics, incorporated herein as part of the Terms of Use. User is responsible for ensuring others do not gain access to the Registration Data or the Account. User may not transfer or share User’s Account with anyone and GLCCA reserves the right to immediately terminate User’s Account in the event of any unauthorized transfer or sharing. Each Account is for User’s personal use only and not on behalf of any other person or entity. GLCCA does not permit (a) any other person to utilize the User’s Account or (b) access to the Account to be made available to multiple users on a network. User is responsible for preventing such unauthorized use. GLCCA may disclose any information GLCCA has about User (including user’s identity) if GLCCA determines that such disclosure is necessary in connection with any investigation or complaint regarding Use of the Content, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GLCCA or GLCCA Members’ rights or property as the circumstances may require. GLCCA reserves the right at all times to disclose any information that GLCCA deems necessary to comply with any applicable law, regulation, legal process or governmental request. User acknowledges and agrees that GLCCA may preserve any transmittal or communication made by User with GLCCA through the Website or any goods and/or services offered on or through GLCCA, and may also disclose such data if required to do so by law or GLCCA determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforce this Copyright Policy, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of GLCCA or GLCCA’s Members as the circumstances may require.

F. INTERNATIONAL USE: Although the Website may be accessible worldwide, GLCCA 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.

G. TERMINATION OF USE: User agrees that GLCCA may, in GLCCA s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Content available on the Website immediately cease and User acknowledges and agrees that GLCCA may immediately deactivate or delete User’s account and all related information and files in User’s account and/or bar any further access to such files or the Website. GLCCA is not liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by GLCCA in connection therewith.

H. ASSIGNMENT: The Terms of Use may be automatically assigned by GLCCA 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 GLCCA’s prior written consent and any attempt to so resell, assign or transfer will be null and void.

I. PAYMENT FOR PURCHASES: Fees due by the User for using certain services or purchasing products are either set out in a separate agreement or described elsewhere on the Website and are the sole responsibility of the User fee. Any such agreement is incorporated by reference. If User incurs fees, User agrees to pay all fees. User authorizes GLCCA to bill all fees to User’s credit card or other automatic payment option available and provided to GLCCA by User. User agrees to provide GLCCA with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide GLCCA with any changes in such information within five (5) calendar days of the change. If, for any reason, User’s credit card company refuses to pay the fee, User agrees that GLCCA may require User to pay any unpaid amount due upon demand by other means acceptable to GLCCA. If legal action is necessary to collect any fees due, User agrees to reimburse GLCCA for all expenses incurred to recover fees due, including collection fees, attorney’s fees and other expenses.

J. DISPUTES: User agrees that all matters relating to User’s utilization of this website, use of the GLCCA Marks, or from any information, content, material, products (including software), or service included on or otherwise made available to User through this website, and any disputes relating in any way to GLCCA or to products or services sold or distributed by GLCCA, will be governed by the laws of the United States and by the laws of the State of Minnesota without regard to its conflicts of laws provisions. User agrees to the personal jurisdiction and venue in the state and federal courts in Hennepin County, Minnesota, and waive any objection to such jurisdiction or venue. In any action, formal or informal, initiated by GLCCA to enforce the Terms of Use, IA GLCCA will be entitled to costs and attorneys’ fees. If a court finds any provision of the Terms of Use invalid, void, 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.

K. DISCLAIMER OF WARRANTIES: 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 GLCCA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GLCCA 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. GLCCA DOES NOT WARRANT THAT THE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE IS AT USER’S SOLE RISK. GLCCA MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GLCCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

All products purchased from GLCCA are made pursuant to a shipment contract; the risk of loss and title for such items pass to User upon our delivery to the carrier. User may have opportunities to engage in commercial transactions with other users and vendors through User’s use of the Website. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User.

GLCCA SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION THE PROCESSING OF ORDERS.

Certain state laws do not allow limitations on warranties; 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.

L. LIMITED REMEDY: USER’S SOLE 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. GLCCA may in its discretion offer a refund of the purchase price paid for a product or service provided by GLCCA.

GLCCA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, USE OF THE GLCCA MARKS THROUGH THE “LIMITED MEMBER LOGO USE LICENSE”, 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 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.

M. INDEMNIFICATION: Upon a request by GLCCA, User agrees to indemnify, defend and hold GLCCA harmless from all liability, loss, claim and expense, including attorney’s fees made against GLCCA related to User’s violation of the Terms of Use or misuse of the Website, except that this provision shall not require user to indemnify, defend and hold GLCCA harmless for GLCCA’s own acts of negligence or gross or willful misconduct. GLCCA 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 GLCCA in asserting any available defenses. User also agrees that any violation by User of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GLCCA, for which monetary damages would be inadequate, and User consents to GLCCA obtaining any injunctive or equitable relief that GLCCA deems necessary or appropriate in such circumstances.

II. INTELLECTUAL PROPERTY

Unless expressly stated otherwise, all Content is solely owned and the property of GLCCA and protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws including, without limitation the domain www.glcca.org the service mark GLCCA and its design, and all other names, trademarks, service marks, logos, commercial symbols and styles used by GLCCA in providing its products and/or services (collectively referred to as “Intellectual Property Rights”). GLCCA requests User access and utilize Content with courtesy, respect, and integrity. GLCCA takes pride in providing detailed information in order to present a comprehensive resource for its members. Please note that access to the Content does not mean User have the right to provide the Content to third parties or present the Content as User’s own. Neither GLCCA nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties. This Intellectual Property Policy establishes basic guidelines for acceptable Use of the Content and is based upon the principle that GLCCA provides the Content to help professionals in the commercial credit and collection industry.

GLCCA hereby grants Users the non-exclusive, non-royalty bearing, revocable, without right to sublicense, licensed right to Use the Content in the pre-authorized ways set forth in this policy. (Explanatory Note: “non-exclusive” means that others may also have this right; “non- royalty bearing” means that User do not have to pay GLCCA for using the Content in accordance with this User License; “Revocable” means GLCCA may cancel the right to Use the Content; and “without right to sublicense” means User may not share Content with others to Use) and subject to the following conditions:

1. User may not use any of GLCCA’s Intellectual Property Rights, specifically any GLCCA service mark, logo or other proprietary graphic without GLCCA’s express written permission (as specified on this website or otherwise);
2. Any unauthorized use of the Content is strictly prohibited and is a violation of GLCCA’s Intellectual Property Rights that may result in criminal or civil penalties and immediately terminates the permission or license granted by GLCCA;
3. The User license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools;
4. User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from GLCCA (as specified on this website or otherwise) or the specific content provider;
5. User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of GLCCA without express written consent of GLCCA (as specified on this website or otherwise);
6. User may not use any meta tags or any other “hidden text” using Intellectual Property Rights without the express written consent of GLCCA (as specified on this website or otherwise). User does not acquire ownership rights to any Content;
7. There is no right to create modifications or derivatives of GLCCA’s Intellectual Property pursuant to this License.
8. Nothing within this User License shall give any User any right, title or interest in or to the GLCCA Intellectual Property Rights other than the right to Use in accordance with these terms.

III. COPYRIGHT USE

A. COPYRIGHT LICENSED USE GUIDELINES: GLCCA Content is copyrighted and licensed, not sold. GLCCA provides these guidelines as a general policy that applies to all Content. Most of the Content has a separate policy of its own that User must abide by in accordance with any such notice User receives or as supplied within the Content documentation. In the event there is a disagreement in terms, the stricter provision shall prevail.

1. Access & Personal Use: User may access and make personal use of the Website and view any Content accessible by User, as allowed within the subscription level of the User provided by GLCCA, when the User views the Website or logs in with his or her personal User password;
2. Hyperlinks: Create a hyperlink to the Website so long as the link does not portray GLCCA, or its products or services in a false, misleading, derogatory, or otherwise offensive matter;
3. Re-posting: Any Content that is publicly available to view on the Website without requiring a password (“Public Information”) may be reposted as a non-commercial electronic distribution, such as sharing as a bulletin over an employer or social network only if:

a. posted in its entirety without any modification, alteration, enhancement or in any way presented to imply or indicate an endorsement by GLCCA of User’s products or services or if provided as a hyperlink to the exact location of the Content on the Website; and

b. GLCCA often grants permission to reproduce member-only Content for personal, education and business use within the company of the User, but not without prior written permission. It is crucial the member-only Content is not distributed to any third party or other party who is not the intended Member, who could use the member-only Content for their own commercial use.

c. Authorized Users may print a single copy of any member-only Content for noncommercial, internal use provided it either is not allowed to leave the premises of the Authorized User’s employer or is kept in the control of the Authorized User without disclosure to any third party;

d. User may not remove any proprietary notice or legal disclaimer language in any copies of Content;

e. User may only view Content for personal, noncommercial informational purposes only and may not copy or post member-only Content on any networked computer or broadcast it in any media;

f. User may not be paid, or otherwise profit, from the Use of any Content or from any output produced using it;

g. User may not promote any commercial activity using the Content;

h. User may not present the Content as legal advice or make any additional representations or warranties relating to the Content;

i. User may not create a derivative work of the Content without prior written permission from GLCCA; (Explanatory Note: “derivative work” is a work based upon one or more preexisting works, and may include, for example, taking segments or copying parts of Content for unauthorized use within User’s materials);

j. Unless otherwise specifically allowed in these Copyrighted Licensed Use Guidelines, in order to copy, reprint, quote or otherwise reproduce any Content, User must obtain written permission by sending a written request to [email protected] containing the identity of the User, title of the Content the User wishes to reproduce, the source of the Content and the purpose for which the User would like to use the Content;

k. If User has been pre-authorized under these Copyrighted Licensed Use Guidelines or has obtained written permission from GLCCA to display or otherwise reproduce any Content, User must provide the following legal disclaimer with the Content every time Content is provided to anyone other than the User: “© [insert year of publication as provided by GLCCA] GLCCA. All rights reserved. Reprinted from [insert name of publication] with permission from GLCCA. This information is provided by and solely owned by GLCCA (“GLCCA”). GLCCA provides this guidance as a courtesy to be used for informational purposes only. GLCCA requires us to inform User that it disclaims any warranties and makes no representation that the information is accurate, complete or current for any specific or particular purpose or application. This content is not intended to serve as legal or other advice and should not replace the advice of User’s own legal counsel. User may obtain additional information at www.glcca.org. Any rights not specifically granted herein are reserved by GLCCA.”

B. COPYRIGHT COMPLAINTS, DISPUTES AND VIOLATIONS: If User copy and distribute any Content without legal permission, User may be found liable for civil or criminal copyright infringement. User is not protected from financial penalty just because User received access to the Content at no cost or is distributing Content with no charge. User’s only protection is to not possess or distribute any unlicensed Content. If User believes User’s work has been copied in a way that constitutes infringement on the Website or in connection with GLCCA’s goods and/or services or that someone is infringing or misusing GLCCA’s copyrights, please contact us at [email protected].

C. DESIGNATED AGENT: User acknowledges the value of both GLCCA’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send notification to GLCCA’s “Designated Agent” identified below. Upon receipt of a notice of a claim of copyright infringement, GLCCA may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c). Website access for users considered to be repeat copyright infringers will be terminated.

Designated Agent for Claimed Infringement:
GLCCA
Legal Department
3200 Courthouse Lane, Eagan, MN 55121
(952) 259-4210
Email: [email protected]

If you are uncertain of your authorization to use any GLCCA Content or materials, please contact GLCCA at [email protected].

Last Updated February 24, 2022