AccuRate Terms of Service
These Terms of Service were last updated on November 20, 2014, and are current as of that date. By accessing or using AccuRate, you agree to abide by these Terms, which constitute a legally binding contract with Einstein Industries, Inc., located in San Diego, California. If you are unwilling or unable to enter into such a contract, do not access or use AccuRate.
In this document, the following terms shall be defined as follows:1.1 “Terms” refers to the Terms of Service contained within this document.
1.2 “You” and “your” refer to you, as a user of AccuRate. A “user” is anyone who accesses or uses AccuRate in any way.
1.3 “We,” “our,” and “us” refer to AccuRate.
1.4 “Content” refers to written text, images, photos, audio, video, location data, and all other forms of data or communication submitted or transmitted to, through, or as regards AccuRate.
1.5 “User Content” refers to Content that users submit or transmit to, through, or as regards AccuRate.
1.6 “AccuRate Content” refers to Content that we create and make available through AccuRate.
1.7 “Third Party Content” refers to Content that has been created by parties other than AccuRate or users of AccuRate, but that is made available in connection with AccuRate.
2. Changes to the Terms of Service
We may, at our discretion, modify the Terms at any time. The most current version of the Terms will be located at (address). Each time you access or use AccuRate, you agree to abide by the most current version of the Terms. If you are unwilling or unable to enter into this legally binding agreement, do not access or use AccuRate.
3. Using AccuRate3.1 To access or use AccuRate, you must be at least 18 year old and have the legal authority to enter into a legally binding contract.
3.2 You may not access or use AccuRate if you are a competitor of Einstein Industries, Inc. or of any of the doctors who are the subject of your AccuRate reviews, unless you disclose your full identity and the fact that you are a competitor.
3.3 You may not access or use AccuRate if you have been banned from using the service, or if we have closed your account.
3.4 You may use AccuRate in accordance with, and subject to the restrictions contained within, these Terms.
3.5 You agree to use AccuRate at your own risk. We are not responsible for Content that may be considered indecent, inaccurate, offensive, objectionable, offensive, or otherwise distasteful or inappropriate.
3.6 AccuRate may be updated, modified, interrupted, or discontinued at any time at our discretion, without advance notice and without any liability, implied or express, on our part.
4. User Account4.1 In order to create an AccuRate account, you must provide us with certain information about yourself. It is your responsibility to protect the privacy of your password and other confidential information.
4.2 In the event of any unauthorized use of your account, it is your responsibility to notify us immediately.
4.3 We assume no liability for any activity, authorized or unauthorized, that takes place in connection with your account.
4.4 Your account is for your personal, non-commercial use only. It cannot be used to advertise or promote commercial or business interests of any kind.
4.5 You may not use a false identity, impersonate someone else, create an account on someone else’s behalf, or create multiple accounts on your own behalf using multiple email addresses. In creating your account, you must provide complete and accurate information.
4.6 We may terminate your account for any reason at any time.
5. Content5.1 You are solely responsible for your Content. Once your Content has been published, we cannot guarantee its removal, even upon your request. When you post Content to AccuRate, you do so at your own risk. You assume all responsibility for the reliance of any third party on the accuracy of your Content. AccuRate does not in any way endorse your Content or the views or opinions expressed therein. 5.2 You are solely liable for any false or defamatory information contained in your Content. 5.3 You are solely liable if your Content infringes any third-party copyright, trademark, patent, trademark, or other form of intellectual property. 5.4 You are solely liable if your Content contains any material that is unlawful, including material that is considered hateful, pornographic, or exploitative of minors. 5.5 You own your Content. However, you hereby grant us worldwide, non-exclusive, royalty-free, assignable, transferable rights to your Content for any purpose in perpetuity. We reserve the right to display, reformat, create derivative works from, promote, distribute, and otherwise use your Content as we deem fit, both online and in other media platforms. We may also grant the right to third parties to display, reformat, create derivative works from, promote, distribute, and otherwise your Content, with our permission, both online and in other media platforms. You agree to waive any claim of any kind, moral or otherwise, to your Content. 5.6 We own our Content, including design elements, visual interfaces, interactive features, compilations of User Content, compilations of Third Party Content, computer code, aggregate user ratings, trade names, and other intellectual property associated with AccuRate worldwide. You may not modify, reproduce, distribute, publicly display, create derivative works of, or in any other way use our Content without our express written permission. 5.7 We reserve the right to remove or edit User Content at any time for any reason, without notice.
You agree not to, and will not assist or encourage others to use AccuRate to:6.1 Violate our Content Guidelines
6.2 Violate the rights of any other User or Third Party
6.3 Harass, threaten, or otherwise engage in hateful or harmful acts
6.4 Engage in commercial interests, such as promoting a business
6.5 Sending out mass emails or surveys
6.6 Transmit pornographic materials
6.7 Solicit information from minors
6.8 Violate any state or federal law
6.9 Reverse engineer AccuRate, in whole or in part
6.10 Record information about other AccuRate Users
6.11 Attempt to gain unauthorized access to AccuRate or other User accounts
6.12 Transmit computer viruses or other destructive materials
6.13 Attempt to interfere with the proper working of AccuRate
6.14 Disrupt or interfere with the security of AccuRate
7. Disclaimers and Limitations of Liability7.1 AccuRate is made available to you on an “as-is,” “with all fault,” and “as-available” basis. We may not monitor or control User Content. You agree that you are using AccuRate at your own risk. We make no guarantees as to the accuracy or reliability of the User Content on AccuRate, nor do we make guarantees about the safety or security of AccuRate. We are not liable for any damage or loss that you may incur as a result of your use of AccuRate or of your reliance on the accuracy or reliability of User Content.
7.2 We are not liable for any damage or loss that you may incur as a result of the actions of any Third Party in connection with AccuRate. If you contact or establish a business relationship with any Third Party in connection with AccuRate, you do so at your own risk.
7.3 AccuRate expressly disclaims all warranties, express or implied, including those offered by Third Parties in connection with AccuRate.
7.4 If you are dissatisfied with AccuRate or any of its associated services, you agree that your only remedy will be to discontinue use of AccuRate.
8. Choice of Law and Venue
California law shall govern these Terms and any claim that might arise between you and AccuRate, without regard to conflict of law provisions. For any claim brought by you or AccuRate, you agree to submit and consent to the jurisdiction in the state and federal courts located within San Diego County, California.
You may terminate these Terms at any point by closing your account and discontinuing your use of AccuRate.
10. General Terms10.1 We reserve the right to modify, update, or discontinue AccuRate at any time for any reason at our discretion, without prior notice, without any liability on our part.
10.2 These Terms comprise the whole of the agreement between you and us regarding use of AccuRate.
10.3 Our failure to enforce any provision contained within these Terms does not constitute a waiver of that or any other provision contained within these Terms.
10.4 These Terms are not assignable or transferable by you, nor can they be sublicensed by you without our express written permission. We may assign or transfer them without restriction.