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Terms of Use

Last modified: July 27, 2022

Welcome to our website.  We, Predictum Inc. (“Predictum”) maintain this website, currently located at www.predictum.com (the “Site”), as a service to our customers. 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 the following terms and conditions of use (the “Terms of Use”).  Please review these Terms of Use carefully. If you do not agree to be bound by these Terms of Use, please do not access or use the Site.

ARTICLE I.  Additional Agreements; Modifications to the Terms of Use

In addition to these Terms of Use, you may be bound by additional agreements depending on your relationship with Predictum.  For example, if you are a user of our services or software and have entered into additional agreements with us, such as a Master Services Agreement or License Agreement, you will be bound by these Terms of Use as well as such agreements.  If the terms of any such agreements conflict with any of these Terms of Use, the terms of such agreements shall control.  Predictum reserves the right to modify these Terms of Use at any time without notice. You acknowledge and agree that it is your responsibility to check periodically and familiarize yourself with  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.  Your visit to our Site is also governed by our Privacy Policy, as further set forth below.

ARTICLE II.  Limited License

As a user of the Site, Predictum grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site and Content solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use, in accordance with these Terms of Use.  You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law.  You also agree that as a user of the Site, you are not an agent or employee of any other organization that provides training, consulting, applications or customized applications for business analytics, engineering and science that competes with products and services offered by Predictum.  The use of this Site is at the discretion of Predictum and Predictum may terminate your use of this Site at any time.

ARTICLE III.  Registration

Certain sections of this Site may require you to register for an online account (an “Account”).  You may be required to choose a password and a user name.  Access to and use of a password protected or secure areas of the Site are restricted to authorized users only.  You agree not to share your password, account information or access to the Site with any other person.  You are responsible for maintaining the confidentiality of password and Account information. 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 all activities that occur through the use of your password, Account or as a result of your access to the Site and any applicable payments due for any paid Content accessed through the Site.  You agree to notify Predictum immediately of any use of your Account (including password) that you did not authorize or that is not authorized by these Term of Use.

ARTICLE IV.  Ownership and Prohibited Use; Compliance with Laws

All Content included on our Site is and shall continue to be the property of Predictum and/or its content suppliers and is protected under applicable copyright, patent, trademark and other proprietary rights. Any copying, redistribution, use or publication by you of any such Content without the prior written consent of Predictum is strictly prohibited.  Without limiting the foregoing, 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. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Site.

This Site is intended for adults only.  This Site is not intended for any children under the age of 13.  You agree to comply with all applicable laws regarding your access to and use of this Site.  You agree that you will not use the Site for any purpose that is unlawful.

ARTICLE V.  Risk

Accessing the Site, including any downloads and/or access to the 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.

ARTICLE VI.  Disclaimer and Limitation of Liability

THE SITE AND THE CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS.  YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.  PREDICTUM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES 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 INTERRUPTION.  WITHOUT LIMITING THE FOREGOING, PREDICTUM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SITE OR THE CONTENT. .

UNDER NO CIRCUMSTANCES WILL PREDICTUM BE LIABLE OR RESPONSIBLE, 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.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

ARTICLE VII.  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 or use of the Site by you or by anyone acting under your authority.

ARTICLE VIII.  Third-Party Sites

The Site may provide links to third-party websites and access to content, products and services of third parties. Predictum does not endorse the content 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 Predictum will not be responsible for any third party contents provided on or through the Site or for any changes or updates to such third party websites. If you choose to access any such websites, you bear all risks associated with access to, and use of, such websites and third party content, products and services.

ARTICLE IX.  Privacy

Your use of the Site is subject to Predictum’s Privacy Policy.  Please review our Privacy Policy at https://predictum.com/privacy-policy/.

ARTICLE X.  Governing Law

All matters relating to your access to, and use, the Site and content provided or through the Site shall be governed by U.S. federal law or the laws of the State of Arizona, without regard to conflict of laws provisions.  Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in the state and federal courts located in the State of Arizona.  You agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, such courts in any legal action or proceeding. The Site and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.

ARTICLE XI.  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 and your use of 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.

ARTICLE XII.  Termination

Predictum may terminate your access to the Site and the Content within its sole discretion, at any time, with or without notice, for any reason. Upon termination, you must destroy all materials obtained from the Site and all copies thereof. All disclaimers, indemnities and exclusions in these of Use shall survive termination.