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Terms & Conditions
TERMS AND CONDITIONS FOR USE OF WEB SITE
Review of and Agreement to Terms and ConditionsWELCOME AND THANK YOU FOR YOUR INTEREST IN PREDICTIVEMETRICS, INC. WEB SITE (THE "PREDICTIVEMETRICS WEB SITE"). THE PREDICTIVEMETRICS WEB SITE IS AN ONLINE INFORMATION SERVICE PROVIDED BY PREDICTIVEMETRICS, INC., SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS. YOUR USE OR ACCESS TO THE PREDICTIVEMETRICS WEB SITE AND ANY OF ITS PAGES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE PREDICTIVEMETRICS WEB SITE OR ANY OF ITS PAGES. PREDICTIVEMETRICS, INC. (HEREINAFTER, "PREDICTIVEMETRICS") MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE PREDICTIVEMETRICS WEB SITE. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS EACH TIME YOU VISIT THE PREDICTIVEMETRICS WEB SITE SO AS TO BE AWARE OF ANY SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE PREDICTIVEMETRICS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFIED TERMS AND CONDITIONS.
Rights to the PredictiveMetrics Web Site and ContentThe PredictiveMetrics Web Site and all content provided on the PredictiveMetrics Web Site is protected by copyright and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by PredictiveMetrics and/or its affiliates and/or related companies. All names and marks appearing on the PredictiveMetrics Web Site are trademarks owned and licensed by PredictiveMetrics and/or its affiliates and related companies, except for third party names, logos or trademarks as expressly indicated therein. Nothing contained on the PredictiveMetrics Web Site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying PredictiveMetrics and/or its affiliates and related companies or their respective products and services displayed on the PredictiveMetrics Web Site, without the express written consent of PredictiveMetrics or such third party that may own such trademarks, logos and other names displayed on the PredictiveMetrics Web Site. No information or material from the PredictiveMetrics Web Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. Subject to the Confidentiality and Privacy policies set forth herein, you hereby grant to PredictiveMetrics a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sub-license any and all material or information submitted by you through the PredictiveMetrics Web Site and/or to incorporate it in other works regardless of form, medium or technology.
Warranty Disclaimer and Limitation of LiabilityINFORMATION PUBLISHED AND PRODUCTS OR SERVICES DESCRIBED ON THE PREDICTIVEMETRICS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
IN NO EVENT SHALL PREDICTIVEMETRICS, AND/OR ITS AFFILIATES OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM OR IN ANY WAY RELATING TO THE USE OR INABILITY TO USE THE PREDICTIVEMETRICS WEB SITE OR ANY PART OR LINKED SITE HEREOF, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, VIRUSES, LOSS OF PROGRAMS OR OTHER DATA OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER PREDICTIVEMETRICS, AND/OR ITS AFFILIATES OR RELATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.
IN NO EVENT WILL PREDICTIVEMETRICS WARRANT, GUARANTEE OR REPRESENT THE CORRECTNESS, COMPREHENSIVENESS, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION PUBLISHED AND PRODUCTS OR SERVICES DESCRIBED ON THE PREDICTIVEMETRICS WEB SITE.
Confidentiality and PrivacyPredictiveMetrics fully respects your rights to privacy and utilizes the following practices with regard to any information we are provided or obtain about users of the PredictiveMetrics Web Site.
In order to provide services or disclose information to you, PredictiveMetrics may require you to provide certain information to us. Common items may include, but are not limited to, company name, your name, title, address, phone number, fax number, email address, and number of accounts. By providing this information to PredictiveMetrics, you are agreeing to allow us to utilize this information to respond to all requests made through the PredictiveMetrics Web Site and to disclose that information and details of all such transactions to PredictiveMetrics and/or its affiliates and related companies, any necessary information to fulfill your request. Upon written notice to you, PredictiveMetrics may provide this information to third party vendors solely for the purpose of responding to and fulfilling your request. Except as provided above, PredictiveMetrics does not sell or otherwise generally distribute personally identifying information collected on the PredictiveMetrics Web Site to third parties unless required to do so by law. In addition, PredictiveMetrics may also automatically collect and/or track from our visitors without further disclosure or notification other information which is not personally identifying, including without limitation home server domain name, type and machine ID of client computer, IP address and number of "hits" or "page views" on our Web site, solely for security measures (e.g. protection against hackers). We do not place Internet cookies or applets on visitors' hard drives.
Any comments, suggestions, ideas or materials sent to or transmitted to PredictiveMetrics shall be deemed to be non-confidential and shall become the sole property of PredictiveMetrics. Subject to the conditions of privacy set herein, PredictiveMetrics shall have no obligation of any kind with respect to such suggestions, ideas or materials and shall be free to use, copy, modify and/or distribute the suggestions, ideas or materials for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such suggestions, ideas or materials.
Access to and Ability to Correct Personal DataUpon a visitor's request via e-mail, we will modify, correct, change, or update that visitor's personal information or cause their personal information to be removed from our database. See "How to Contact Us" below.
Data SecurityTo prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. Employee use of personal information is authorized for business purposes only. The disregard of this policy will result in disciplinary action.
IndemnificationYou agree to indemnify and hold harmless PredictiveMetrics, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the PredictiveMetrics Web Site, the content contained in the PredictiveMetrics Web Site and the placement or transmission of any information or other materials on the PredictiveMetrics Web Site made by you or others using your account.
Collection of Personal Data From ChildrenATTENTION CHILDREN UNDER AGE 18. THIS WEB SITE IS NOT INTENDED FOR YOUR USE.
The PredictiveMetrics Web Site is not designed to attract or entice children. For that reason, we do not want to receive and will not request personal information from children we actually know are under the age of eighteen (18). If you believe that we may have inadvertently obtained personal information regarding a child under age eighteen (18), please contact us and we will remove all such information from our records. See "How to Contact Us" below.
MiscellaneousThese Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of New Jersey. You agree that any legal action or proceeding between PredictiveMetrics and you for any purpose concerning these Terms & Conditions or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey.
How to Contact Us
If you need to contact PredictiveMetrics regarding this policy, please contact:
106 Apple Street, Suite 110
Tinton Falls, New Jersey 07724
Attn: Eileen O'Hare
Phone: (732) 530-9303 ext. 101
Facsimile: (732) 933-9267
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