Equipment Lease Terms
This Predictive Equipment Lease Agreement (this "Agreement") contains the terms and conditions that govern any hardware that might be supplied to you in connection with your access to and use of the Service Offerings and is an agreement between Predictive Technologies, LLC. ("Predictive", "we", "us" or "our") and you or the entity you represent ("you"). This Agreement takes effect on the agreed date or the day that the equipment is made available to you (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. Please see Section 14 for definitions of certain capitalized terms used in this Agreement.
In conjunction with our Services we may provide you with certain hardware equipment ("Equipment") so you can gain access to additional Service offerings or functionality. This Equipment can include:
All Equipment is provided by us to you on a lease. The Equipment along with all associated technologies, designs and intellectual properties remain our exclusive property. In association with the terms of this Agreement you are granted a license to use the Equipment in conjunction with our Services for the duration of your lease term.
During your lease of the equipment you are entrusted with a responsibility of care and use of the Equipment. This includes:
You accept that you are the legal custodian of the Equipment for the duration of the lease and that any loss or damages to the Equipment are your responsibility. Regardless of whether you are subject to a recuring monthly engagement or a single leasing fee all hardware is the property of Predictive. Failure to return equipemnt within 30 days of service cancelation (or effective cancelation) will authorize Predictive to charge your account the following rates:
No Illegal, Harmful, or Offensive Use
You may not use, or encourage, promote, facilitate or instruct others to use, the Equipment for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
No Security Violations
You may not use the Equipment to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a "System"). Prohibited activities include:
No Network Abuse
You may not use the Equipment to make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include:
If you default on any of your obligations described in this Agreement, or any of the terms or policies that govern your use of our Services we reserve the right to terminate your lease (The "Termination Date"). In such an event you are required to cease using all Equipment and return it to us within seven (7) days of the Termination Date.
Following the issuance of a Termination Date, whether through default or expiration. You are responsible for ensuring the safe return of all Equipment to Predictive Technologies, Suite 400, Englewood, 9800 Mount Pyramid Ct., Suite 400, Englewood, CO, 80112 within seven (7). The cost of any transport, insurance, packaging etc. is your responsibility.
Our Monitoring and Enforcement
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services or Predictive Site. We may:We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Reporting of Violations of this Policy
If you become aware of any violation of this Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.