Last updated: March 8, 2023
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS WEBSITE IMMEDIATELY.
User Agreement
The following are terms of this legal agreement (this “Agreement”) between you and Predictive IRM, LLC (“Predictive IRM, LLC,” “we” or “us”) that sets forth the terms and conditions for your use of the website, www.PredictiveIRM.com, and any and all subdomains thereof, including those requiring login (the “Site” or “Website”). “Predictive IRM, LLC” shall refer to Predictive IRM, LLC and its affiliates.
The Site is operated by Predictive IRM, LLC and is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
Predictive IRM, LLC reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Predictive IRM, LLC may terminate, suspend, change or restrict access to all or any part of this Site without notice or liability.
Limitations of Use
The copyright in all material on this Site, including without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Predictive IRM, LLC or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written consent of Predictive IRM, LLC. You acknowledge that the Content is and shall remain the property of Predictive IRM, LLC. You may not modify, participate in the sale or transfer of or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Predictive IRM, LLC’s prior written approval. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications statutes and regulations. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Predictive IRM, LLC makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Predictive IRM, LLC.
Users of the Predictive IRM, LLC Site must be U.S. Residents that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.
Content and Use Restrictions
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Predictive IRM, LLC member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).
You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Predictive IRM, LLC user or other third party. In order to protect Predictive IRM, LLC users from such advertising or solicitation, Predictive IRM, LLC reserves the right to restrict communications between its users.
Trademarks
Predictive IRM, LLC (including the Predictive IRM, LLC logo), PredictiveIRM.com and all related logos (collectively the “Predictive IRM, LLC Trademarks”) are trademarks or service marks of Predictive IRM, LLC. Other company, product and service names and logos used and displayed on this Site may be trademarks or service marks owned by Predictive IRM, LLC or others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Predictive IRM, LLC Trademarks, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization from us. Predictive IRM, LLC prohibits use of any of the Predictive IRM, LLC Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Predictive IRM, LLC Trademarks, or whether any mark or logo is a Predictive IRM, LLC Trademark, should be referred to Predictive IRM, LLC.
Links to Third-party Sites
This Site may contain links to websites controlled, owned and operated by third parties (the “Third- Party Sites”). Predictive IRM, LLC cannot control and has no responsibility for the accuracy or availability of information provided on the Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of use for those websites, and not by this Agreement. Links to Third-Party Sites do not constitute an endorsement or recommendation by Predictive IRM, LLC of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such Third-Party Sites may have a privacy policy different from that of Predictive IRM, LLC and the third-party site may provide less security than this Site. Predictive IRM, LLC is not responsible for the content of any third-party web sites, nor does Predictive IRM, LLC make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Predictive IRM, LLC shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
Consent to Doing Business Electronically
Whether you choose to participate on the Predictive IRM, LLC Site from time to time you may receive notices, documents and information (collectively, “Communications”) from Predictive IRM, LLC. Predictive IRM, LLC can only give you the benefits of its service by conducting business through the Internet, and therefore Predictive IRM, LLC requires you to consent to Predictive IRM, LLC providing you Communications electronically. This section informs you of your rights when receiving Communications from us electronically.
Electronic Communications. You agree that all Communications from Predictive IRM, LLC and its respective agents relating to your use of the Predictive IRM, LLC Site may be provided or made available to you electronically by email or at our Site. If you consent, you still have the ability to request a paper copy of any Communication, for a fee of up to $5 per request, by contacting us in the manner described below. Predictive IRM, LLC may discontinue electronic provision of Communications at any time in its sole discretion.
Scope of Consent. Your consent to receive Communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions through the Predictive IRM, LLC Site.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need: access to the Internet; an email account and related software capable of receiving email through the Internet; a web browser which is SSL-compliant and supports secure sessions, such as Internet Explorer 7.0 or above, or Netscape Navigator 6.0 or above, or the equivalent software; Adobe Reader, or the equivalent software; and hardware capable of running this software. You acknowledge that you can access the electronic Communications in the designated formats described herein.
TCPA Consent. You expressly consent to receiving calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from Predictive IRM, LLC, our affiliates, agents and others calling at our request or on our behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
Mobile Technology. If you are accessing our Site electronically through a mobile device, such as a tablet, smartphone or similar device, you must be able to print and save the transmitted Communications. You can find apps that support printing and saving for most mobile devices through your mobile device’s app store. If your mobile device does not have this functionality, you must access our Site through alternate means that provide you with the ability to print and save the Communications.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically by contacting us at the address below.
Copies. If you wish to obtain a paper copy of any of your Communications, you may request a copy by writing to Predictive IRM, LLC, 500 E Whitestone Blvd #2223 Cedar Park, TX 78613, Attn: Compliance.
Assignment. In addition, you further acknowledge that your consent to have all Communications provided or made available to you in electronic form and to do business on or through the Predictive IRM, LLC Site is assignable to any entity, including its affiliates and representatives.
Changes in Your Contact Information. You must keep us informed of any changes in your email, phone number or mailing address so that you continue to receive all Communications without interruption. You can contact us by email at contact@PredictiveIRM.com or by writing to us Predictive IRM, LLC, 500 E Whitestone Blvd #2223 Cedar Park, TX 78613
United States Attn: Compliance.
You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Communications electronically sent via email or posted on the Site.
Disclaimer of Warranties
NONE OF PREDICTIVE IRM, LLC, ANY OF ITS SUBSIDIARIES, AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “PREDICTIVE IRM, LLC PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE PREDICTIVE IRM, LLC PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE PREDICTIVE IRM, LLC PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE PREDICTIVE IRM, LLC PARTIES MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE PREDICTIVE IRM, LLC PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. THE PREDICTIVE IRM, LLC PARTIES RESERVE THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE PREDICTIVE IRM, LLC PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PREDICTIVE IRM, LLC PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE PREDICTIVE IRM, LLC SOLAR PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE PREDICTIVE IRM, LLC PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You agree to indemnify and hold harmless Predictive IRM, LLC Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Predictive IRM, LLC Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Predictive IRM, LLC Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Predictive IRM, LLC. You further agree to indemnify and hold harmless Predictive IRM, LLC Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
Monitoring of the Site
Predictive IRM, LLC has no obligation to monitor the Site; however, you acknowledge and agree that Predictive IRM, LLC has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Submissions to the Site
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Predictive IRM, LLC through this Site (collectively, “Submissions”) will be deemed and remain the property of Predictive IRM, LLC, and Predictive IRM, LLC is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Predictive IRM, LLC shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Predictive IRM, LLC or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Predictive IRM, LLC’s responsibilities and obligations under its Privacy Policy.
Use of Personally Identifiable Information
Predictive IRM, LLC’s practices and policies with respect to the collection and use of personally identifiable information are governed by Predictive IRM, LLC’s Privacy Policy.
Availability
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Predictive IRM, LLC to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law.
Termination
This Agreement is effective until terminated by Predictive IRM, LLC. Predictive IRM, LLC may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Predictive IRM, LLC’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Waiver
Failure by Predictive IRM, LLC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Delaware, without regard to its conflict of laws rules. You agree that you will notify Predictive IRM, LLC in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Predictive IRM, LLC a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Predictive IRM, LLC.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with Predictive IRM, LLC.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and Predictive IRM, LLC may have been bound. This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Copyright Complaints
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Predictive IRM, LLC’s designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Predictive IRM, LLC’s agent for notification of claimed copyright infringement is:
c/o Predictive IRM, LLC
Attn: General Counsel
Email: contact@PredictiveIRM.com
