When you visit the Predictive Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Predictive Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Predictive Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Predictive or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Predictive Site is the exclusive property of Predictive and protected by U.S. and international copyright laws. All software used on the Predictive Site is the property of Predictive or its software suppliers and protected by United States and international copyright laws.
"Predictive Technologies", "Predictive", "Phoenix", and other Predictive graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Predictive in the U.S. and/or other countries. Predictive’s trademarks and trade dress may not be used in connection with any product or service that is not Predictive’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Predictive. All other trademarks not owned by Predictive that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Predictive.
One or more patents owned by Predictive or its affiliates may apply to the Predictive Site and to the features and services accessible via the Predictive Site. Portions of the Predictive Site may operate under license of one or more patents.
LICENSE AND SITE ACCESS
Predictive grants you a limited license to access and make personal use of the Predictive Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Predictive. This license does not include any resale or commercial use of the Predictive Site or its contents; any derivative use of the Predictive Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Predictive in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Predictive Site is subject to these Site Terms or, if you have a Predictive account, the Agreement.
The Predictive Site or any portion of the Predictive Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Predictive. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Predictive without express written consent. You may not use any meta tags or any other "hidden text" utilizing Predictive’s name or trademarks without the express written consent of Predictive. Any unauthorized use terminates the permission or license granted by Predictive. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Predictive Site, so long as the link does not portray Predictive, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Predictive logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the Predictive Site, you are responsible for maintaining the confidentiality of your Predictive account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Predictive reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
Predictive respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE PREDICTIVE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Predictive ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. Predictive MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Predictive SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Predictive DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Predictive DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Predictive SITE; ITS SERVERS; OR E-MAIL SENT FROM Predictive ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Predictive WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE Predictive SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Predictive SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Predictive Site, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Predictive.
Any dispute relating in any way to your visit to the Predictive Site or to services provided by Predictive or through the Predictive Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Denver, Colorado, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on the Predictive Site. These policies also govern your visit to the Predictive Site. We reserve the right to make changes to the Predictive Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Predictive Technologies, LLC.
9800 Mount Pyramid Court, Suite 400
Englewood, CO 80112