Terms and Conditions
Terms and Conditions
AccuOpen strives to provide the the most up-to-date real-time store information as possible. However, much of our information is provided by our user community. As such, AccuOpen cannot guarantee the accuracy of any information presented on our site. Furthermore, AccuOpen requests your help in keeping information as accurate as possible and urges you to report any incorrect information via your AccuOpen account page and social media resources.
AccuOpen is aware of the possibility of abuse by a number of its members in the community. Therefore, AccuOpen reserves the right to ignore, block, delete, impede, or otherwise disable any user's account at any time, at AccuOpen's discretion without providing notice or reason. Your use of AccuOpen constitutes an at-will, nontransferrable, and revocable license at AccuOpen's sole discretion.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to AccuOpen, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on AccuOpen products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by AccuOpen for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or use any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. AccuOpen reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AccuOpen server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of AccuOpen, including any AccuOpen account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or AccuOpen’s systems or networks, or any systems or networks connected to the Site or to AccuOpen.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to AccuOpen on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
ACCUOPEN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCUOPEN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ACCUOPEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACCUOPEN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ACCUOPEN SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ACCUOPEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
AccuOpen reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will AccuOpen be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if AccuOpen has been advised of the possibility of such damages.
You agree to indemnify and hold AccuOpen, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against AccuOpen by any third party due to or arising out of or in connection with your use of the Site.
AccuOpen may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) AccuOpen’s rights or property, or the rights or property of visitors to or users of the Site, including AccuOpen’s customers. AccuOpen reserves the right at all times to disclose any information that AccuOpen deems necessary to comply with any applicable law, regulation, legal process or governmental request. AccuOpen also may disclose your information when AccuOpen determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that AccuOpen may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Limitation on Collective Action
This agreement to arbitrate shall be specifically enforceable. AccuOpen may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration.
The arbitration shall be conducted by one or three arbitrator(s). If the Parties are not able to agree upon the selection of an arbitrator within thirty days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by the federal court in the Eastern District of Kentucky in accordance with the terms of this agreement. For three arbitrators, each party shall select an arbitrator within thirty days of commencement of the arbitration who shall serve as a neutral arbitrator and the two designated arbitrators shall select a third neutral arbitrator within thirty days of their selection, if the parties cannot agree on a third arbitrator. If the two arbitrators cannot agree on selection of a third arbitrator within thirty days of their appointment, the federal judge in the Eastern District of Kentucky shall select such arbitrator in accordance with the terms of this agreement.
The arbitrator(s) shall have at least five years of experience in intellectual property matters and/or internet disputes, if at issue. Otherwise, the arbitrator(s) shall have at least five years of experience in at least one issue in dispute. Furthermore, each arbitrator shall have served as an arbitrator at least three times prior to their service as an arbitrator in any arbitration arising under this Agreement.
The arbitration shall be conducted in accordance with the laws of the Commonwealth of Kentucky and the then existing Commercial Rules of the American Arbitration Association.
The arbitration shall be conducted in Lexington, Kentucky.
The laws of the Commonwealth of Kentucky shall be applied in any arbitration proceedings, without regard to principles of conflict of laws.
It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within one hundred and twenty days from the date the arbitrator(s) are appointed. The arbitrator(s) may extend this time limit in the interests of justice. Failure to adhere to this time limit shall not constitute a basis for challenging the award.
Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties to this Agreement.
The Parties shall not be entitled to discovery in the arbitration, except that any Party shall be entitled to request no more than 1000 pages of documents and to take three depositions not to exceed eight hours for each such deposition. Any Party shall be entitled to depose any expert who will testify in the arbitration proceeding but shall pay the regular hourly rate of such expert during such deposition. In addition to the foregoing, any Party shall be entitled to take the deposition of a witness who will testify at the arbitration but who is unavailable to testify at the hearing to preserve such witness’ testimony for the arbitration hearing.
The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall identify each witness who will testify at the arbitration, with a summary of the anticipated testimony of such witness ten (10) days before the arbitration hearing.
The arbitrator(s) shall have no authority to award punitive/consequential/special/indirect damages. The arbitrators shall not be entitled to issue injunctive and other equitable relief. The arbitrator(s) shall award interest from the time of the breach to the time of award at the rate of 6% prejudgment interest under Kentucky law.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the arbitrator it designated (if there are three arbitrators). The arbitrator(s) shall be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
Void Where Prohibited
AccuOpen administers and operates the www.AccuOpen.com Site from its location in Lexington, Kentucky USA, using various strategically-placed servers; other AccuOpen sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. AccuOpen reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
AccuOpen may provide access to AccuOpen international data and, therefore, may contain references or cross references to AccuOpen products, programs and services that are not announced in your country. Such reference does not imply that AccuOpen intends to announce such products, programs or services in your country .
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. AccuOpen shall be free to use such information on an unrestricted basis.
You and AccuOpen agree that each of these Terms is severable. Therefore, invalidity of one or more Terms does not negate any other Term herein.