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Terms

 

Predict-it® Terms of Service Agreement

Please read this Terms of Service Agreement before accessing our web site.


1.   
What this Terms of Service Agreement Covers


This Terms of Service Agreement sets forth the standards for use of the Predict-it
® (“Predict-it,” ”we,” “us,”  or “our”) online services. When using or accessing the Predict-it web site (predict-it.com) you (”members,” “customers,” “suppliers,” or “users”) agree to our Terms of Service. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately when posted on the Predict-it web site. Continued use of the service after amendments are posted constitutes an acknowledgement and acceptance of the agreement and its modifications. Except as provided in this paragraph, this agreement may not be amended.


2.   
Description of Services


Predict-it provides customers with Consumer to Business Matchmaking™ services. Customers must provide all equipment necessary for Internet access and connectivity, including computer and modem, and payment of any fees related to connection to the Internet.


3.   
Disclaimer of Warranties


The site is provided by Predict-it whenever and wherever it is accessible via the Internet, on an “as is” basis. To the fullest extent permitted by applicable laws, Predict-it makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise.  Predict-it shall have no liability for any interruptions to the use of this web site.  Predict-it disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  In jurisdictions that do not allow for the exclusion of implied warranties the exclusions referenced are not applicable.


4.   
Limitation of Liability


Predict-it shall not be liable for any damages whatsoever, and in particular Predict-it shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained herein, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Predict-it has been advised of the possibility of such damages. In jurisdictions that do not allow for the limitation or exclusion of liability for incidental or consequential damages, the limitations referenced are not applicable.


5.   
Indemnification


Members agree to indemnify and hold Predict-it, its parents, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising from members’ use of the service, any violation of this agreement, or infringement by any member or user of the service of any intellectual property or any other rights of any person or entity.


6.   
Modifications and Interruption to Service


Predict-it reserves the right to modify or discontinue the service with or without notice to the public, including members and other users. Predict-it shall not be liable to members or any third parties should Predict-it exercise its right to modify or discontinue the service. Members acknowledge and accept that Predict-it does not guarantee continuous, uninterrupted, or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.


7.   
Supplier Reviews and Ratings


Our web site includes information provided by our members about suppliers of products and services. The information our members provide may include ratings and reviews relevant to individual member opinions of supplier services rendered and products delivered. All ratings and reviews are provided at member discretion and do not constitute or represent the opinions of Predict-it or our employees. Predict-it remains completely neutral regarding the opinions provided by its members.  


8.   
Third Party Sites


Our web site includes links to other sites on the Internet that are owned and operated by online merchants and other third parties.  Users acknowledge that we are not responsible for the availability or the content on any third party site.  Concerns regarding such links or content should be directed to the administrator or webmaster of the third party site. Use of third party sites is subject to the terms and privacy policies of each site, for which Predict-it is not responsible. We encourage all members to review said policies of all web sites.


9.   
Disclaimer Regarding Accuracy of Vendor Information


Product specifications and other information have either been provided by vendors or collected from publicly available sources.  While Predict-it makes every effort to ensure that the information on this web site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the site.


Additionally, Predict-it makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and members acknowledge that any reliance on representations and warranties provided by any vendor shall be at members’ own risk.


10.
Governing Jurisdiction of the Courts of California


Our web site is operated and maintained in the State of California.  As such, we are subject to the laws of the State of California, and such laws govern our Terms of Service Agreement, without giving effect to any choice of law rules.  We make no representation that our web site or other services are appropriate, legal, or available for use in other locations.  Accordingly, by choosing to access our site, users agree to do so subject to the internal laws of the State California. 


11.
Compliance with Laws


Members assume all knowledge of applicable law and are responsible for compliance with any such laws.  Members may not use our service in any way that violates applicable state, federal, or international laws, regulations, or other government or legal requirements. Members further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.


12.
Copyright and Trademark Information


All content included or available on this site, including site design, text, graphics, interfaces, and selection and arrangements thereof is Copyright © 2012-2013 Predict-it, with all rights reserved, or is the property of Predict-it and/or third parties protected by intellectual property rights.  Any use of materials on this web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Predict-it is strictly prohibited.  Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Predict-it.


Predict-it
®, Satisfaction Engine®, Anonymous Personalization are proprietary marks of Predict-it®.  Predict-it’ trademarks may not be used in connection with any product or service that is not provided by Predict-it, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Predict-it.


All other trademarks displayed on Predict-it’ web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors.  In addition, presence of trademarks or links to vendors’ web sites are not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Predict-it.


13.
Notification of Claimed Copyright Infringement


Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Predict-it designates the following individual as its agent for receipt of notifications of claimed copyright infringement.


By Mail:
Predict-it
P.O. Box 1431.
Aptos, CA 95001


By Telephone: 831-661-0533


By E-mail Contact Us form


14.
Botnets


Predict-it retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Predict-it reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.


15.
Memberships and Billing


Memberships are automatically renewed for similar terms, products, and services as originally purchased on their date of expiration unless deactivated or cancelled in accordance with the terms set forth within this Terms of Service agreement. Renewing accounts will be billed per their original payment method unless a change in billing is requested by the customer.


16.
Membership Deactivation and Cancellation


There are two ways for Predict-it members to deactivate their memberships: 1) Send a deactivation request through our feedback, suggestion, and request form, or 2) call our customer service department at 831-661-0533.


When a member’s account becomes deactivated for any reason, the member may request to have their contact information, such as name, postal address, phone number, e-mail address, and credit card data removed from our system by making the request with our customer services department. Requests to remove contact information will be subject to member identification verification and complete removal can take up to 72 business hours. Upon request, the inactive member will receive an e-mail confirmation when the data removal is complete. If an account is canceled, terminated, or suspended, some data may be retained in our system in order to prevent re-registration.


17.
Full 30-Day Money Back Guarantee


Members who choose to deactivate their account for any reason within their first 30 days of becoming a Predict-it member will receive a full refund of membership fees upon written request through our Contact Us form. All memberships begin on the first day of registration.


18.
Published Information


Predict-it members and suppliers may publish certain information and content that will be made available for public viewing.  Each member and supplier publishing information is responsible for the truthfulness, accuracy, relevancy, completeness, and timeliness of the content they provide. As a content publishing member or supplier, you are responsible for the information you provide for publication and in publishing any information you agree to take sole responsibility for any liability that may arise from it and hold Predict-it harmless from any information you freely publish. You further agree that you will under no circumstances publish content that may be considered offensive, profane, or illegal, and understand that Predict-it intends to report any illegal content published to the proper authorities upon its discovery.


You may not harvest any data including business names, contact names, phone numbers, or e-mail addresses from our web site, and specifically, you may not use information displayed on the web site to solicit our members or suppliers to join or contribute or purchase your products unless doing so falls within the approved guidelines of this Terms of Service Agreement


19.
Personal Conduct


Members and suppliers must maintain an acceptable level of conduct when using our services. You may not use our web site or any information contained within our web site to send spam or publish profane, illegal, or offensive content. Predict-it intends to report illegal and inappropriate activity to the proper authorities upon discovery.


20.
Other Terms


If any provision of this Terms of Service Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provisions) shall not be affected and thereby shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by Predict-it, in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a member.  By accepting this Terms of Service Agreement, users consent to the use and disclosure of their personally identifiable information and other practices described in our Predict-it Privacy Policy Statement.