| Terms and Conditions

Terms and Conditions

ACCEPTANCE OF TERMS

The following Terms of Use (“TOU”) applies to all users of predictionprobe.com (“Website”) and to any and all Documents, Software and Communication Services (as defined below), on or provided by the Website.
PredictionProbe, Inc. (“PredictionProbe”) reserves the right to update the TOU at any time at its sole discretion and without notice to you. The most current version of the TOU can be reviewed by clicking on any of the “Legal” hypertext links located at the top and/or bottom of our Website pages. Your use of the Website means you have reviewed and accepted the most current version of the TOU.

DOCUMENTS

Permission to use Documents on this Website or from this server (“Server”) is granted by PredictionProbe, provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. “Documents” as used in this TOU means: data, white papers, press releases and descriptions of news events, electronic brochures, troubleshooting guides, examples, and all other information visible or available for downloading on the Website.

Use for any unauthorized purpose is expressly prohibited by law and may result in severe civil and criminal penalties.

Documents specified above do not include the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by PredictionProbe.

PREDICTIONPROBE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF EACH INDIVIDUALS USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL PREDICTIONPROBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF PREDICTIONPROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOFTWARE

Any Software that is made available to download from this Server is the copyrighted work of PredictionProbe and/or its suppliers. “Software” as used in this TOU means SPISE®, UNIPASS®, DistributionProbeTM, ModelProbeTM, APIRATM, and UniFaceTM or any other executable programs developed by PredictionProbe and/or its suppliers, including, but not limited to, versions with full or partial capabilities, demonstration versions, updates, patches, help files, “read me” files, and any files derived from or provided with such executable programs. Use of the Software is governed by the terms of the end user license agreement, if any, currently in existence between the end-user and PredictionProbe (“Existing License Agreement”), or which accompanies or is included with the Software (“Included License Agreement”), or which is published on the Website (“Website License Agreement”). In the event of any conflict between these various versions of the license agreement, the Existing License Agreement will supersede the Included License Agreement and the Website License Agreement, and the Included License Agreement will supersede the Website License Agreement. The license agreement governing the use of any software downloaded from the Website under the conflict rule of the preceding sentence will be referred to as the “License Agreement.” An end user is not authorized to download and/or install any Software that subject to a License Agreement, unless he or she first agrees to the License Agreement terms. By using all or any portion of the Software, you accept all the terms and conditions of the applicable License Agreement.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PREDICTIONPROBE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PREDICTIONPROBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF PREDICTIONPROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RESTRICTED RIGHTS LEGEND

Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software –Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is PredictionProbe, Inc., 4000 MacArthur Blvd., Suite 600, Newport Beach, CA USA 92660.

TRADEMARKS

PredictionProbe, SPISE, UNIPASS, DistributionProbe, ModelProbe, APIRA, and UniFace, and any and all PredictionProbe product and service names are registered trademarks or trademarks of PredictionProbe or its subsidiaries located in the United States or other countries. All other trademarks or registered trademarks are the property of their respective owners.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

USE OF USER FORUM AND OTHER COMMUNICTION SERVICES

This Website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

  • Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • ​Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • ​Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • ​Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • ​Use any material or information, including images or photographs, which are made available through the Communication Services or on our Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • ​Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • ​Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
  • ​Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • ​Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • ​Restrict or inhibit any other user from using and enjoying the Communication Services.
  • ​Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • ​Harvest or otherwise collect information about others, including e-mail addresses.
  • ​Violate any applicable laws or regulations.
  • ​Create a false identity for the purpose of misleading others.
  • ​Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or our Website, or other user or usage information or any portion thereof.

PredictionProbe has no obligation to monitor the Communication Services. However, PredictionProbe reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PredictionProbe reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

PredictionProbe reserves the right at all times to disclose any information as PredictionProbe deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PredictionProbe’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. PredictionProbe does not control or endorse the content, messages or information found in any Communication Services and, therefore, PredictionProbe specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. Managers and hosts of the Communication Services are not authorized PredictionProbe spokespersons, and their views do not necessarily reflect those of PredictionProbe.

You agree that upon posting information in any Communication Services and this Website with exception of credit card numbers or checking account numbers (“User Data”), you grant PredictionProbe, and its successors and assigns, a non-exclusive, unrestricted, worldwide, royalty free, perpetual, irrevocable, sub-licensable (through multiple tiers) license under your copyrights, publicity rights, or other intellectual property rights, if any, in such material and over the material or User Data displayed in your postings to use, share, distribute, display, transmit, reproduce, and create derivative works from such material in any and all media existing now or in the future, in any manner, in whole or part, without any duty to account to you. You also grant PredictionProbe the right to authorize the downloading and printing of such material, or any portion thereof, by end users of this Website or other affiliate websites for their personal use.

All of your User Data that you post on or otherwise submit via the Website and Communication Services shall not be confidential information or trade secrets owned by you or any other party. You will receive no compensation for any use of your User Data. PredictionProbe may, but is not required to, post or use any of your User Data that you may post or otherwise submit. PredictionProbe may modify or pre-screen User Data that users provide at its sole discretion or otherwise submit via the Website or Communication Services; furthermore, PredictionProbe may remove any posted or submitted User Data from the Website or any Communication Services for any reason without notice in its sole discretion.

You are solely and entirely responsible for all of your User Data that you post or otherwise submit via the Website or Communication Services. You shall assume all risks associated with the use of your User Data including any reliance on the accuracy, completeness or usefulness of your User Data. PredictionProbe does not guarantee the accuracy, integrity or quality of your or other user’s User Data. You acknowledge and agree that by accessing or using the Website or Communication Services, you may be exposed to user data from others that are offensive, indecent or otherwise objectionable.

For all of your User Data that you post or otherwise submit to the Website and Communication Services, including (a) comments to Communications Services, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant PredictionProbe and the users of this Website an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Data, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that PredictionProbe is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that PredictionProbe shall not be liable for any failure to store User Data on the Website at any time.

PREDICTIONPROBE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE COMMUNICATION SERVICES PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH COMMUNICATION SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF AN INDIVIDUALS USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL PREDICTIONPROBE AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF PREDICTIONPROBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any use of this Website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PredictionProbe immediately of any unauthorized use of your account or any other breach of security. PredictionProbe will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PredictionProbe or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

E-MAIL, ANTI-SPAM POLICY, AND PERSONAL INFORMATION

For each visit to a page on this Website, our web servers automatically record the domain name or IP address, but not the e-mail address of the surfer.

The only way we obtain your email address or other personal information is if you enter it in a form.

If you do enter your email address or other personal information on a form, it will be used to:

  1. Deliver information you requested.
  2. Used to improve our services to you.
  3. May be used by us or our independent sales channels to contact you.

It will not be sold to other organization for commercial purposes.

COPYRIGHT NOTICE

PredictionProbe, Inc., 4000 MacArthur Blvd., Suite 600, Newport Beach, CA USA 92660. Copyright © 2020. All rights reserved.

LINKS TO THIRD-PARTY SITES

LINKED SITES ARE NOT UNDER THE CONTROL OF PREDICTIONPROBE AND PREDICTIONPROBE IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. PREDICTIONPROBE PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY PREDICTIONPROBE OF THE SITE.

I AGREE AND ACCEPT TO THE TERMS AND CONDITIONS HEREUNDER.