Terms And Conditions
IMPORTANT NOTICE FOR SUBSCRIBERS: AS PER THE TERMS BELOW, ANY AMOUNTS THAT YOU PAY TO ACCUSCORE FOR USE OF THE SITE AND SERVICES ARE FINAL AND NON-REFUNDABLE, AND UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO HAVE RETURNED TO YOU ANY PORTION OF ANY AMOUNTS PAID TO USE THE SERVICES.
Last Revised: September 5, 2012
These terms are void where prohibited by law, and the right to access and use the site is revoked in any such jurisdiction.
AccuScore reserves the right to change or modify these Terms or any policy or guideline of the Site at any time and in its sole discretion. You hereby waive any right you may have to receive specific notice of changes or modifications to the Terms. Therefore, you should periodically review these Terms and all applicable Site policies as any changes or modifications will be effective immediately once they have been posted online at http://accuscore.com/terms-and-conditions. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of those changes or modifications or if you do not agree to the changes or modifications, you must stop using the Services.
1.1 Registration and Account Policies.
User IDs and Passwords – All Accounts. Any time you are required to open an account to use or access the Site or Service, regardless of whether such account is a free account or requires the payment of fees (whether a one-time or ongoing payments), all of the following terms will apply:
a. Registration. You must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name (a “User ID”) and password.
b. Protection of User ID and Password. You are entirely responsible for all use of your User ID and for maintaining the confidentiality of your password. You may not use the account, User ID, or password of someone else at any time, and you may not permit others to use your User ID or password. You agree to notify AccuScore immediately on any unauthorized use of your account, User ID, or password. AccuScore shall not be liable for any loss that you incur as a result of someone else using your User ID or password, either with or without your knowledge. You may be held liable for any losses incurred by AccuScore, its affiliates, officers, directors, employees, consultants, agents, representatives and business partners due to someone else’s use of your account, User ID or password.
d. Multiple Logins Prohibited. Regardless of whether your account is a free account or a paid account, you are only permitted to log into that account from a single location at any given time. Multiple concurrent logins into the same account are strictly prohibited and are a material breach of these Terms. AccuScore may suspend or terminate your account immediately under such circumstances.
e. The Name Your Price special offer is designed to accommodate those affected by the poor economy. AccuScore has a minimum limit, or floor price, per annual membership that it has to stand by in order to maintain a high level of service to our community. If your offer price is less than this minimum limit, AccuScore may elect not to accept your offer and in lieu of that AccuScore may offer you with an Annual Membership at the minimum threshold. If you refuse this counter-offer then the special offer is null and void.
1.2 Paid Accounts.
In addition to the foregoing, the following terms
will apply to any “AccuScore Advisor” or other account that you open and that
requires one-time or ongoing payments in order to be maintained:
a. No Refunds. All paid accounts for the Services are required to be prepaid in advance for the period of time applicable to the particular account, and in no event will AccuScore refund you any money that you have paid to AccuScore, regardless of the reason for termination of your paid account. ALL RISK OF SATISFACTION WITH THE SERVICES IS WITH YOU, AND ACCUSCORE WILL HAVE NO LIABILITY OR OTHER RESPONSIBILITY WHATSOEVER FOR ANY DISSATISFACTION YOU MAY HAVE WITH ACCUSCORE OR THE SERVICES. IN DECIDING TO REGISTER FOR A PAID ACCOUNT, YOUACKNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL YOU EVER BE ENTITLED TO RECEIVE ANY REFUND FROM ACCUSCORE.
c. Consent to Charges/Debits. If your paid account requires regular, ongoing payments to AccuScore, then as part of your registration you will be required to provide a method for making such payments. Payments for a paid account may be made by automatic credit card or check debit and you hereby authorize AccuScore or its designee to transact such payments on your behalf. Unless you have a good faith reason to believe the credit card (or other approved facility) you use to pay for your account is lost or stolen, you agree not to report that credit card (or other approved facility) as lost or stolen. Nor will you dispute any authorized charge by AccuScore or its designee. You agree and acknowledge that, in addition to any liability you may face under applicable laws, it will be a breach of these Terms for which AccuScore may terminate your account and your ability to use the Site and the Services if you fraudulently report the credit card (or other approved facility) used to pay for your account as stolen, or if you fraudulently report that an authorized charge by AccuScore or its designee is unauthorized. Further, to the extent AccuScore suffers any damages as a result of such fraud, you may be liable to AccuScore and AccuScore reserves the right to pursue any and all legal remedies available to it.
b. Termination of Paid Accounts. If you are a user of any paid account for the Site and the Service and you desire to terminate that paid account, then once AccuScore receives your written notice of termination in accordance with subsection (a) above, you will not be billed or charged for further access to the Site and the Service, and you will be permitted to continue use of the paid or premium areas of the Site and the Service for the remainder of any time for which you have paid. IN NO EVENT WILL YOU BE ENTITLED TO ANY REFUND FROM ACCUSCORE FOR AMOUNTS PREVIOUSLY PAID. Upon expiration of the remaining days for which you have paid, your account will be downgraded to a free account, and you may continue to use the Site and the Services under this free account as long as you remain in agreement with and abide by these Terms. If at any time you should no longer agree with or abide by these Terms, you must immediately stop all use of the Site and the Services and any materials you have obtained from the Site or the Services. Notwithstanding the foregoing, if AccuScore terminates your account and access to the Site and the Services for any violation of these Terms or for any activities prohibited by these Terms, then your access to the Site and use of the Services will terminate immediately upon AccuScore’s notice of termination to you, and you will neither receive continued access to the Site or the Services nor a refund of any payment for time that might otherwise have remained on your paid account.
1.4 User Content. You grant AccuScore a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Services, you are granting AccuScore, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that AccuScore may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Services, you represent and warrant that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
2. License to Use the Site, Services and Content. AccuScore may make certain data, information, content, software, web services and other materials or property available to you from the Site or through the Services. If you use, appropriate or download any such material or property from the Site, the material, including all files and images contained in or generated by any software, and accompanying data, and all other works of authorship embodied in such materials (collectively, “Licensed Materials”) are deemed to be licensed to you by AccuScore, for your personal, noncommercial, home use only. AccuScore does not transfer either the title or the intellectual property rights to any Licensed Materials, and AccuScore retains full and complete title to the Licensed Materials as well as all intellectual property rights therein. You may not copy, publicly display, rent, sell, redistribute, or reproduce the Licensed Materials, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any software included therein to a human-perceivable form. In no event will you offer the use of any AccuScore software or any Services as a part of a service bureau, time-sharing, or other similar arrangement. All trademarks and logos are owned by AccuScore or its licensors and you may not copy or use them in any manner except as may be incidental to the proper exercise of your rights under these Terms.
You acknowledge that the Site, the Service and the Licensed Materials constitute valuable and proprietary property of AccuScore and/or its licensors. If you want to use Licensed Materials or any aspect of the Site or the Services in any manner not expressly permitted by these Terms, you must obtain AccuScore’s prior written consent to any such use, which consent may be withheld by AccuScore in its sole discretion, and which consent, if granted, may be conditioned on your payment of a fee for the desired rights.
3. Disclaimer. The Site and the Services are for entertainment only and are provided to you solely for your personal use; they are not to be used in direct or indirect violation of any local, state, federal or international laws, rules or regulations. You understand and agree that AccuScore cannot provide you with any legal advice or assurances regarding your use of the Site and the Services, and it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Site and the Services. Use of the Site and the Services is at your sole option, discretion and risk. All data and information you obtain or otherwise learn from the Site or the Services is proprietary to AccuScore and may not be reproduced, distributed, displayed or transmitted (except as may occur in connection with your permitted use of the Site) in whole or in part in any manner without the written prior consent of AccuScore.
4. User’s Obligation to Abide by Applicable Law
In connection with the use of the Service, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on the Service may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
5. Content of Information
You are responsible for the content of any Information you put on the Service. The Information posted to the Service does not necessarily reflect the views of Publisher and in no event shall Publisher assume or have any responsibility or liability for any information posted to the Service or for any claims, damages or losses resulting from the use and/or appearance of such information on the Service. Publisher has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on the Service. By submitting information to Publisher, you grant Publisher a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised throughout the universe and represent that you have all necessary rights in such posting. Publisher cannot and does not ensure the quality or accuracy of Content and Information.
6. Digital Millennium Copyright Act (“DMCA”)
Our policy is to respond to notices of alleged infringement that comply with the DMCA. Copyright-infringing materials found within the Service can be identified and removed via Publisher’s DMCA compliance process posted at www.accuscore.com/dmca-policy, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
7. Violations of the Terms or Other Rules and Policies. AccuScore reserves the right to terminate your use of the Service and/or the Site. To ensure that AccuScore provides a high quality experience for you and for other users of the Site and the Service, you agree that AccuScore or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, violations of these Terms, or other unauthorized uses of the Site or the Services. AccuScore does not intend to disclose the existence or occurrence of such an investigation unless required by law, but AccuScore reserves the right to terminate your account or your access to the Site and use of the Service immediately, with or without notice to you, and without liability to you, if AccuScore believes that you have violated any of the Terms, furnished AccuScore with false or misleading information, or interfered with use of the Site or the Services by others.
8. Dispute Resolution
8.1 Choice of Law, Venue and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and AccuScore related to these Terms, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Los Angeles County, State of California. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
8.2 BINDING ARBITRATION
Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or AccuScore may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California necessary to protect the rights or property of you or AccuScore pending the completion of arbitration.
8.3 Equitable Relief
You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, AccuScore shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Site or any material used or displayed through the Services and agree to limit your claims to claims for monetary damages.
9. NO WARRANTIES. ACCUSCORE HEREBY DISCLAIMS ALL WARRANTIES. ACCUSCORE IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACCUSCORE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ACCUSCORE DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIABILITY. ACCUSCORE’S LIABILITY TO YOU IS LIMITED. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACCUSCORE BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEE
ABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE
SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY ACCUSCORE. This
limitation shall apply regardless of whether the damages arise out of breach of
contract, tort, or any other legal theory or form of action.
Sites. AccuScore has no control over, and no liability for any third party
websites or materials. AccuScore works with a number of partners and affiliates
whose Internet sites may be linked with the Site. Because neither AccuScore nor
the Site has control over the content and performance of these partner and
affiliate sites, AccuScore makes no guarantees about the accuracy, currency,
content, or quality of the information provided by such sites, and AccuScore
assumes no responsibility for unintended, objectionable, inaccurate,
misleading, or unlawful content that may reside on those sites. Similarly, from
time to time in connection with your use of the Site, you may have access to
content items (including, but not limited to, websites) that are owned by third
parties. You acknowledge and agree that AccuScore makes no guarantees about,
and assumes no responsibility for, the accuracy, currency, content, or quality
of this third party content, and that, unless expressly provided otherwise,
Uses. AccuScore imposes certain restrictions on your permissible use of the
Site and the Service. You are prohibited from violating or attempting to
violate any security features of the Site or Service, including, without
limitation, (a) accessing content or data not intended for you, or logging onto
a server or account that you are not authorized to access; (b) attempting to
probe, scan, or test the vulnerability of the Service, the Site, or any
associated system or network, or to breach security or authentication measures
without proper authorization; (c) interfering or attempting to interfere with
service to any user, host, or network, including, without limitation, by means
of submitting a virus to the Site or Service, overloading, “flooding,”
“spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to
send unsolicited e-mail, including, without limitation, promotions, or
advertisements for products or services; (e) forging any TCP/IP packet header
or any part of the header information in any e-mail or in any posting using the
Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble,
or otherwise reduce or attempt to reduce to a human-perceivable form any of the
source code used by AccuScore in providing the Site or Service. Any violation
of system or network security may subject you to civil and/or criminal
13. Indemnity. You agree to indemnify AccuScore for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless AccuScore, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or the Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. AccuScore will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
14. Copyright. All
contents of Site or Service are: Copyright © Orion Data Analysis Corporation.
All rights reserved.
15. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
16. No License. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by AccuScore or by any third party.
18. Force Majeure.
In no event will AccuScore be responsible for any delay or failure in
performance of the Site or the Service to the extent such delay or failure is
caused by fire, flood, explosion, war, strike, embargo, governmental action or
failure to act, the act of any civil or military authority, act of God,
inability to secure material or transportation facilities, acts or omissions of
carriers, power outages, computer failures, or by any other causes beyond its
reasonable control, whether or not similar to the foregoing.
Copyright 2012 All rights are reserved. Orion Data Analysis Corporation