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PredictAP Website Terms of Use

Please read the following terms and conditions of use (the “Terms of Use”) carefully before using this website.

1. GENERAL

PredictAP, Inc.  (“PredictAP”,“we”, “us”, “our”), and our subsidiaries, joint ventures, and affiliates, provides this website at www.predictap.com (this “Site”) and its content for general information purposes only.  By using this Site, you are agreeing to these Terms of Use.  If you do not agree to these Terms of Use, please do not use this Site.  Your use is at your own risk and is conditioned upon acceptance of these Terms of Use.

Nothing on this Site should be construed as an offer to form a binding contract, as a grant of any license, or as a transfer of any intellectual property.  We reserve the right, in the event of a violation of these Terms of Use, to protect our rights, property, and interests to the maximum extent permitted by law.

2. COPYRIGHTS AND TRADEMARKS

This Site and its content is the property of PredictAP and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States trademark and copyright laws, international conventions, and other intellectual property laws. All trademarks and logos appearing on this Site are the property of their respective owners. Nothing on this Site should be construed to grant any license or right in or to any trademarks, logos or other intellectual property rights. All rights are reserved by the owners of each trademark, service mark, logo or other intellectual property, except as otherwise described in these Terms of Use.

3. PROHIBITED USES

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, or reverse engineer the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Site or any portion thereof, in any way;
  • Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the our servers in a given period of time than a human can reasonably produce in the same period;
  • Use the Site in any manner that damages, disables, overburdens, or impairs the Site or interferes with any other party's use and enjoyment of the Site; 
  • Mirror or frame the Site or any part of it on any other web site or web page;
  • Attempt to gain unauthorized access to the Site;
  • Access the Site by any means other than through the interface that is provided by us for use in accessing the Site; or
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by these Terms of Use.

4. SUBMISSION OF INFORMATION

You are solely responsible for all information you send to us, including without limitation its accuracy, truthfulness and non-infringement or other violation of any other third party’s legal rights.  You represent that you have received any and all required consent, authorization, release or license to provide such information to us. Any communication or material that you transmit to us or our Site by any means, including without limitation, any data, questions, comments, suggestions or the like, is, and will be treated as, non-confidential and nonproprietary information. We may use such communication or material for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, we are free, without payment of compensation of any kind to you, to use any ideas, concepts, know-how or techniques contained in any communication or material you send to us.

5. PRIVACY

Your use of this Site, and any information (including, without limitation, personal information) you submit to us through or in connection with this Site, is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. 

6. NO WARRANTY; DATED INFORMATION

This Site and its content is provided to you on an “as-is” and “as available” basis without representations or warranties of any kind, including its suitability, availability, reliability, completeness, usefulness or accuracy, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.  While we may periodically update or correct information presented on this Site, such information may include typographical errors and/or technical inaccuracies and/or omissions. We make no representation or warranty as to the accuracy of any information on this Site and expressly disclaim any obligation to update such information. We also reserve the right to make additions, deletions or modifications to any information at any time without any prior notice.

7. THIRD PARTY CONTENT

This Site may contain information from third parties, and we may post links to websites maintained by third parties. We provide this information and these links to you only as a courtesy, and by providing such information and links, we are not endorsing, adopting or agreeing with any of the content or the products or services of such third parties. Third party information and websites are not part of our Site. We expressly disclaim all responsibility for the content of any third party or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials from third parties or their products or services. We urge you to use discretion when you access any third party information or websites linked to or from our Site.

8. LINKS TO THIS SITE

Links to any document published by PredictAP on this Site must be made to the home page only, without deleting any frames or our URL address.  Links to this Site must not imply any false endorsement, sponsorship, affiliation or association with PredictAP of any kind. We reserve the right at all times to revoke consent to a link at any time.

9. ACCESS AND MODIFICATIONS

We may at any time and in our sole discretion change, restrict access to, suspend or discontinue any aspect of the Site without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely.  We also reserve the right to terminate your use of or access to the Site, without notice or liability, for any reason or no reason at our sole discretion.  

10. LIMITATION OF LIABILITY

In the event of any problem with this Site or any content contained thereon, you agree that your sole remedy is to cease using this Site. In no event shall PredictAP or its subsidiaries, affiliates, directors, officers, employees or any party involved in creating or producing this Site or any content thereon, be liable for any special, indirect incidental, consequential, punitive or exemplary damages, or any other damages whatsoever, resulting from the use of this Site (or with the delay or inability to use this Site) or any content thereon or otherwise arising out of using this Site, whether under a theory of breach of contract, tort, strict liability, negligence, or otherwise, even if such party has been advised of the possibility of such damages.

11. INDEMNIFICATION

You agree to defend, indemnify and hold us, our affiliates and subsidiaries, and our and their officers, directors, employees and agents harmless from and against any claim, action or demand, including, without limitation, reasonable legal and accounting fees, arising from or relating to: (i) your breach of these Terms of Use; (ii) your access to, or use or misuse of, this Site and/or its content; or (iii) your violation of any intellectual property or other right of any third party.

12. GOVERNING LAW AND JURISDICTION

This Site and its content is intended to comply with the laws and regulations in the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Site, shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without regard to principles of conflict of laws.  Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the Commonwealth of Massachusetts and you consent to the jurisdiction of those courts.

13. MISCELLANEOUS

You may not assign or transfer your rights or obligations under these Terms of Use in whole or in part to any third party without our consent. These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns. We and you are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the subject matter herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on this Site. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14. CHANGES

We may make changes to these Terms of Use at any time and for any reason. Any such changes shall be effected by posting of the updated Terms of Use to this Site and any such changes shall only apply to your use of this Site after the date of such change(s).

15. CONTACT

If you have any questions about these Terms of Use, please contact us at legal@predictap.com.

Updated: February 1, 2021