IMPORTANT: READ THESE TERMS OF USE CAREFULLY

NOTE: ANY AMOUNTS THAT YOU PAY TO ACCUSCORE FOR USE OF ANY SERVICES AVAILABLE FROM THE ACCUSCORE.COM WEBSITE ARE FINAL AND NON-REFUNDABLE, AND UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO HAVE RETURNED TO YOU ANY PORTION OF SUCH AMOUNTS. PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY – THEY GOVERN YOUR USE OF ACCUSCORE.COM AND CONTAIN IMPORTANT INFORMATION AND LEGAL OBLIGATIONS. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND ACCUSCORE, AND ACCUSCORE WILL PERMIT YOU TO USE THE INTERNET SITE AND SERVICES AVAILABLE FROM ACCUSCORE.COM ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING TO ACKNOWLEDGE THAT YOU HAVE DONE SO AND CLICKING “NEXT” BELOW. BY CLICKING “NEXT” AND PROCEEDING WITH REGISTRATION AND ACTIVATION OF A ACCUSCORE ACCOUNT, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF ALL OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, THEN ACCUSCORE IS NOT WILLING TO PERMIT YOU TO USE THE ACCUSCORE.COM WEBSITE, AND RATHER THAN CLICKING “NEXT” BELOW, YOU SHOULD PROMPTLY EXIT OUT OF THE REGISTRATION PROCESS. BY CLICKING “NEXT” AND REGISTERING WITH ACCUSCORE.COM, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. YOU AGREE AS FOLLOWS:

1. BINDING EFFECT.
2. This is a binding agreement. By using the Internet site located at ACCUSCORE.com (“ACCUSCORE” or the “Site”) or any services provided in connection with the Site (collectively, the “Service”), you agree to abide by these Terms of Use, as they may be amended by Orion Data Analysis Corporation, a California corporation d.b.a. ACCUSCORE (“Company” or “ACCUSCORE”), from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. REGISTRATION AND ACCOUNT POLICIES; NO REFUNDS.
1. 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:
1. 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.
2. 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 Company immediately on any unauthorized use of your account, User ID, or password. Company 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 Company, its affiliates, officers, directors, employees, consultants, agents, representatives and business partners due to someone else’s use of your account, User ID or password.
3. Free Trial Memberships and Coupons. ACCUSCORE occasionally offers promotional free trial memberships to the PRO service. Subscribers that sign up for a free trial membership will be automatically renewed at the normal subscription rate at the end of the trial period, unless the Subscriber cancels at least 12 hours before the end of the trial period. Only one free trial period is allowed per subscriber. Subsequent subscriptions do not qualify for free trials.
ACCUSCORE may offer coupons or other promotional offers from time to time. In these situations, a special discounted price may be applicable for a term, followed by a higher price after the initial promotional term. By subscribing, you agree that you will be responsible for all payments as specified in the offer, and you agree that ACCUSCORE may adjust the pricing of such plans, as specified in the offer, promotional materials or coupon, without notice or other communication to you.
4. 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 of Use, which may subject you to termination as set forth in Section 10 below.
2. Paid Accounts. In addition to the foregoing, the following terms will apply to any “ACCUSCORE Pro” or other account that you open and that requires one-time or ongoing payments in order to be maintained:
1. No Refunds. All of ACCUSCORE’s paid accounts are required to be prepaid in advance for the period of time applicable to the particular account, and in no event will Company 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 ACCUSCORE AND THE SERVICES IS WITH YOU, AND COMPANY 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 ACCUSCORE ACCOUNT, YOUR DECISION SHOULD INCLUDE YOUR KNOWLEDGE THAT UNDER NO CIRCUMSTANCES WILL YOU EVER BE ENTITLED TO RECEIVE ANY REFUND FROM COMPANY.
2. No Resale or Other Transfer. You are not permitted to resell, rent, lease, loan or otherwise transfer any paid ACCUSCORE account to anyone who is not you. When you no longer desire to continue paying for access to your account, the Site and the Service, you must notify Company in accordance with these Terms of Use, and your paid account will terminate on the last day for which you have prepaid.
3. Consent to Charges/Debits. If your paid account requires regular, ongoing payments to Company, 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 Company or its designee to transact such payments on your behalf. Unless you have good 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 Company 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 of Use for which Company may terminate your account and your ability to use the Site and the Service 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 Company or its designee is unauthorized.
3. Termination
1. Termination Generally. You can terminate your use of the Site and the Service at any time by simply ceasing all use of the Site, the Service and any materials you have obtained from the Site or the Service; provided, however, that if you are using the Site and the Service under a paying account that automatically charges you on a monthly or other recurring basis, you must provide Company with written notice (which includes notice provided by email) that you wish to terminate your account, and your account and payment obligations will terminate in accordance with subsection (2) below. Notwithstanding the foregoing, Company may terminate your use of the Site and the Service as set forth in Section 8 and Section 10 below, which termination will be effective immediately upon Company’s notice of termination to you, at which point you will no longer be permitted to access the Site or use the Service.
2. 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 Company receives your written notice of termination in accordance with subsection (1) 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 COMPANY 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 Service under this free account as long as you remain in agreement with these Terms of Use. If at any time you should no longer agree with these Terms of Use, you must immediately stop all use of the Site and the Service and any materials you have obtained from the Site or the Service. Notwithstanding the foregoing, if Company terminates your account and access to the Site and the Service for any violation of these Terms of Use or for any activities prohibited by these Terms of Use, then your access to the Site and use of the Service will terminate immediately upon Company’s notice of termination to you, and you will neither receive continued access to the Site or the Service nor a refund of any payment for time that might otherwise have remained on your paid account.
3. PRIVACY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here or visiting this URL at any time: http://ACCUSCORE.com/privacy.htm. Company’s privacy policy is expressly incorporated into these Terms of Use by this reference.
4. USE OF SOFTWARE AND OTHER CONTENT. Company may make certain software or other copyrighted materials available to you from the Site. If you download any software or other copyrighted material 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 Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to any Licensed Materials, and Company 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 Company software or any Service as a part of a service bureau, time-sharing, or other similar arrangement. All trademarks and logos are owned by Company 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 of Use.
5. You acknowledge that the Site, the Service and the Licensed Materials constitute valuable and proprietary property of Company or its licensors. If you want to use Licensed Materials or any aspect of the Site or the Service in any manner not expressly permitted by these Terms of Use, you must obtain Company’s prior written consent to any such use, which consent may be withheld by Company in its sole discretion, and which consent, if granted, may be conditioned on your payment of a fee for the desired rights.
6. DISCLAIMER. The Site and the Service 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 Company cannot provide you with any legal advice or assurances regarding your use of the Site and the Service, 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 Service. Use of the Site and the Service is at your sole option, discretion and risk. All data and information you obtain or otherwise learn from the Site or the Service is proprietary to Company 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 Company.
7. USER CONTENT. You grant Company 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 Service, you are granting Company, 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 Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
8. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
10. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Orion Data Analysis Corporation
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11. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company 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 of Use, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company 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 Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
12. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY 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, COMPANY 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. COMPANY 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.
13. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY 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 FORESEEABILITY 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 COMPANY. 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.
14. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company 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 Company 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, these Terms of Use shall govern your use of any and all third party content.
15. PROHIBITED USES. Company 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 Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, 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 of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company 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.
17. COPYRIGHT. All contents of Site or Service are: Copyright © 2004 - 2008 Orion Data Analysis Corporation. All rights reserved.
18. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, for all disputes arising out of or related to the use of the Site or Service.
19. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use 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 of Use 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.
20. 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 Company or by any third party.
21. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
23. FORCE MAJEURE. In no event will Company 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.
24. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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