Terms of Use

Last modified: August 27, 2019

Predictum Inc. (“Predictum”) maintains a website currently located at www.predictum.com (the “Site”). By accessing or using the Site, including all content, information, services and software ordered or provided on or through the Site (the “Content”), you agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not access or use the Site.  

Modifications to the Terms of Use 

Predictum reserves the right to modify these Terms of Use at any time. It is your responsibility to check for any such modifications. By continuing to access or use the Site following modifications to the Terms of Use, you agree to be bound by any such modifications.  

Limited License 

As a user of the Site, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Site and Content in accordance with these Terms of Use.

Registration  

Certain sections of this Site may require you to register for an online account (an “Account”). If registration for an Account is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Predictum of any changes to that information. Each registration permits a single individual to access an Account. By setting up an Account, you represent and warrant that you have the capacity to form a legally binding contract with Predictum. You are responsible for all activities associated with your Account, including any applicable payments due for any paid Content accessed through the Site.  

Ownership and Prohibited Use 

 All Content is subject to intellectual property rights (including copyright and trademark rights) which are owned by Predictum and/or third party licensors. No Content may be reproduced, transmitted or distributed without the prior written consent of Predictum. The Site and any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, or otherwise exploited for any commercial purpose without the prior written consent of Predictum. You may not frame or use framing techniques to enclose any trademarks, logos, or other proprietary information appearing on the Site (including images, text, page layout, or form) without the prior written consent of Predictum. You may not use any meta tags or any other hidden text using Predictum’s name, trademarks or other proprietary information without the prior written consent of Predictum. You agree that you will not use the Site for any purpose that is unlawful. 

Risk 

Accessing the Site, including the downloading and accessing of Content, is done at your own risk. Predictum cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems, or that the Site or the Content will be free of viruses, worms, Trojan horses or other disabling devices or code. You are responsible for implementing safeguards to protect the security and integrity of your computer system and the costs for implementing, maintaining and repairing same.  

Disclaimer and Limitation of Liability 

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT OR THE SERVICES IS AT YOUR OWN RISK. PREDICTUM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT. PREDICTUM DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT. 

TO THE FULLEST EXTENT PERMITTED BY LAW, PREDICTUM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT, WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRPTION. IN NO EVENT WILL PREDICTUM BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT PREDICTUM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.  

Indemnity  

You agree to indemnify, defend and hold Predictum, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or by anyone acting under your authority.

Third-Party Sites

The Site may provide links to third-party websites. Predictum does not endorse the information contained in those websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under Predictum’s control and if you choose to access any such website, you do so entirely at your own risk. 

Privacy 

Your use of the Site is subject to Predictum’s Privacy Policy. 

Governing Law 

These Terms of Use are governed by the laws of the Province of Ontario and the applicable laws of Canada. These laws apply to the use of the Site or the Content by you, regardless of your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use. 

Entire Agreement 

 These Terms of Use constitute the entire agreement between Predictum and you and supersedes all prior agreements in any form between Predictum and you regarding the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents or records originally generated and maintained in printed form. Predictum’s failure to insist upon strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained therein.  

Termination  

Predictum may terminate your access to the Site and the Content within its sole discretion, with prior written notice to you. Upon termination, you must cease use of the Site and destroy all materials obtained from the Site and all copies thereof. All disclaimers, indemnities and exclusions in these of Use shall survive termination.

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