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AlertMeter® Terms of Use

AlertMeter® Terms of Use

Who is AlertMeter®, “we” or “us”? AlertMeter® is a division of Predictive Safety a privately held company based in Denver, Colorado.

By using this application (the “Application”), whether by downloading the application to use on your device or by logging into the Application through a website provided by Predictive Safety, LLC, or a third party, you (“you” or the “User”) agree to the terms and conditions in this Agreement between you and Predictive Safety, LLC (hereinafter, “Predictive Safety”, “we” or “us”). If you do not agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), your only recourse is to discontinue the use of the Application.

Predictive Safety reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If Predictive Safety makes changes to this Terms of Use and/or Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

If you have any questions about these terms, contact us through our website: www.predictivesafety.com.

GENERAL INFORMATION

  1. Eligibility. The Application is provided to employees, agents, contractors, and others affiliated with a company (the “Subscribing Company”) that subscribes to the Predictive Safety services. All individuals that use the Application must agree to these terms of use.

  2. Users. Predictive Safety welcomes Users who are 18 years of age and older. Through the Application, Users can take a test to help determine individual alertness levels. Predictive Safety does not have any control over the times the Subscribing Company requires that you use the Application, Subscribing Company’s use of the data collected by the Application, or the policies of the Subscribing Company related to the use of this Application and the data it collects.
  3. Use of Application Data by Company. You agree and acknowledge that while the Application is only to be used as one of many practices to help ensure workplace safety, Predictive Safety has no control over how the use of the Application is treated by Subscribing Company. It is your responsibility to ensure you know how Subscribing Company uses the Application and any data it receives from the Application. Any requirement that Subscribing Company has for you regarding the Application must be negotiated with Subscribing Company directly. Predictive Safety is not responsible for any requirements to use the Application or any results from the use of the Application.
  4. Modified Terms. Predictive Safety reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy as Predictive Safety deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, and the requirement of more personal information to maintain your account. If Predictive Safety makes changes to our Terms of Use and Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Predictive Safety’s posting thereof. Any use of the Application by you after such notice shall be deemed to constitute acceptance by you of such modifications.

SUBSCRIBING BUSINESSES

  1. Subscribing Businesses. Subscribing Business determines how the information gathered from the Application is used by Subscribing Business. Predictive Safety does not guarantee the information is used for any particular purpose by Subscribing Business. Subscribing Business may require that you use a specific username and password, may require additional information, may require you are contacted when the Application is used (for example, you are a manager at Subscribing Business and are to receive the outcomes of your employees’ use of the Application) or other information as Subscribing Business requests.

  2. Predictive Safety’s Liability. YOU AGREE AND ACKNOWLEDGE THAT THE APPLICATION IS PROVIDED TO YOU BASED ON SUBSCRIBING COMPANY’S SUBSCRIPTION TO THE APPLICATION. PREDICTIVE SAFETY DOES NOT HAVE ANY LIABILITY FOR THE USE OF THE APPLICATION BY YOU, THE USE OF THE DATA RECEIVED FROM THE APPLICATION BY SUBSCRIBING COMPANY, OR ANYONE THAT IS GRANTED ACCESS TO SUCH DATA BY SUBSCRIBING COMPANY. YOU ACKNOWLEDGE AND AGREE TO RELEASE AND HOLD HARMLESS PREDICTIVE SAFETY FOR ANY DAMAGES, INCLUDING PHYSICAL, MENTAL, OR MONETARY DAMAGES SUFFERED BY YOU OR A THIRD PARTY RESULTING FROM THE USE OF THIS APPLICATION OR THE USE OF ANY DATA RECEIVED FROM THE APPLICATION BY THE SUBSCRIBING COMPANY OR ANYONE THAT SUBSCRIBING COMPANY MAKES THE INFORMATION AVAILABLE TO.

ACCOUNT INFORMATION

  1. Account Features. Predictive Safety shall have the right at any time to change or discontinue any aspect or feature of the Application, including, but not limited to: the type of tests available, the type of services and products available, the length of time data from your use of the Application is available, and the equipment or software needed for access or use of the Application. Predictive Safety may discontinue or eliminate features on the Application, change or eliminate any transmission method, and/or change transmission speeds or other signal characteristics on the Application. Further, Predictive Safety may request additional information at any time by the User to update or enhance User benefits or to enhance the benefits and/or use of the Application.

  2. Registration Data; Account Security. In consideration of your use of the Application, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Application (“Registration Data”); (b) maintain the security of your password and identification or, if you release your account information to a third party, be responsible for all actions on your account done by that third party; (c) maintain and promptly update the Registration Data, and any other information you provide to Predictive Safety, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Should you believe that the security of your account has been compromised in any manner, it is your responsibility to contact Predictive Safety immediately. Further, should you allow others to use your login information to use the Application, you agree and acknowledge that this may impact your future use of the Application and may result in additional actions by Subscribing Business.
  3. Termination by Predictive Safety. Predictive Safety may terminate this Agreement at any time. Without limiting the foregoing, Predictive Safety shall have the right to immediately terminate the accounts of any User in the event of any conduct by that person that Predictive Safety, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. Predictive Safety may prohibit you from using or accessing the Application for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Application and are under 18 year of age or violate these Terms of Use. Further, Predictive Safety may be required to terminate your account should the services provided by Predictive Safety become illegal under the laws of the State that you reside in. Predictive Safety will also terminate your use when Subscribing Company requests it or when Subscribing Company no longer subscribes to Predictive Safety’s services.
  4. Termination by Use. User may terminate their use of the Application at any time; provided, however, that Predictive Safety is not responsible for any actions of Subscribing Company if Subscribing Company requires the use of the Application and User refuses to use the Application.

USE OF APPLICATION

  1. Your Use of the Application. You may use the Application only as permitted by these Terms of Use and only in a manner consistent with all applicable federal and state laws, rules and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. You agree not to use any deep-linking, robots, spiders, data-mining, or another automatic or manual device, software, program, code, algorithm, or methodology to access, copy, or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or Content, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Application. We reserve the right to take measures to prevent any such activity. You further agree that you will not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Application or work around any of the technical limitations in the Application; modify, create derivative works from, reverse engineer, decompile or disassemble or otherwise attempt to discover any trade secret contained in the Application or in any technology, or system used by Predictive Safety in connection with providing the Application except and only to the extent that applicable law expressly permits you to do so despite this limitation; build a product or service using similar ideas, features, functions or graphics of the Application; and/or copy any ideas, features, functions or graphics of the Application.

  2. User Communications and User Content. By submitting material to Predictive Safety (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments, or other communication, whether such submission is by a public feature of the Application (i.e. forum area, blog comments, etc.) or by private transmission (i.e. email to Predictive Safety, letter to Predictive Safety), you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Predictive Safety a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing, and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Predictive Safety shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. Predictive Safety has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to Predictive Safety to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant, and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
  3. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to Predictive Safety by emailing Predictive Safety at [email protected]. You may not resell use of, or access to, the Application to any third party.
  4. Monitoring. Predictive Safety shall have the right to monitor the content of the Application at all times, including viewing of any personal information in a User’s account on the Application, to determine compliance with this Agreement and any operating rules established by Predictive Safety, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, Predictive Safety shall have the right to remove any material that Predictive Safety, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  5. Aggregated Data. User agrees and acknowledges that Predictive Safety may use aggregated data where all personally identifying information is removed for any use by Predictive Safety, including marketing purposes.

UPTIME AND EQUIPMENT

  1. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Predictive Safety. While Predictive Safety makes reasonable precautions against loss or theft of data, Predictive Safety shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Predictive Safety’s objective to make the Application accessible 24 hours per day, 7 days per week, the Application may be unavailable at any time for any reason including, without limitation, routine maintenance.

  2. Equipment. You alone, or via access through Subscribing Business, are responsible for obtaining and maintaining all internet connections, computer hardware, printers, and other equipment needed for access to and use of this Application including purchasing any software necessary to view or use parts of the Application. You are responsible for all charges related to the obtaining and maintaining of that equipment, including any charges for software or charges to access the Internet. Predictive Safety shall not be liable for any damages to the User’s equipment resulting from the use of this Application.

INTELLECTUAL PROPERTY

  1. Copyright. All content on the Application, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the “Application Content”), are the proprietary property of Predictive Safety with all rights reserved. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Predictive Safety’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject the User to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The foregoing provisions of Section 18 apply equally to and are for the benefit of Predictive Safety, its subsidiaries, affiliates, third party content providers, and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  2. Trademarks. PRISM, AlertMeter, Predictive Safety, and Predictive Safety, LLC are trademarks of Predictive Safety, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Predictive Safety are the property of their respective owners. Trademarks that are located on the Application shall not be deemed to be in the public domain but rather the exclusive property of Predictive Safety, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Predictive Safety unless otherwise stated.
  3. Copyright, Trademark, and Intellectual Property Complaints. Predictive Safety respects the intellectual property rights of others. Predictive Safety prohibits Users from uploading, posting, or otherwise transmitting on the Application any materials that violate another party’s intellectual property rights. When Predictive Safety receives proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, Predictive Safety promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another’s rights as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Application infringes upon any copyright that you own or control, please see our Copyright Policy for more information on how to report infringement of your copyright. Predictive Safety may, at its sole discretion, terminate Users who are deemed by Predictive Safety to be have committed copyright infringement, whether or not there is any repeat infringement.

THIRD-PARTY SITES

  1. Third-Party Websites and Content. The Application and/or www.predictivesafety.com may contain links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Predictive Safety. Predictive Safety is not responsible for any Third-Party Sites accessed through the User or any content posted by any Users on this User or any Third-Party Sites regarding Predictive Safety. If you decide to leave the Application and/or www.predictivesafety.com and access the Third-Party Sites, you do so at your own risk and you should be aware that Predictive Safety’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Application and/or www.predictivesafety.com.

  2. Third-Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of Predictive Safety. Neither Predictive Safety nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

WARRANTIES, DISCLAIMERS

  1. Disclaimer of Warranty; Limitation of Liability. THE USER EXPRESSLY AGREES THAT THE USE OF THIS APPLICATION IS AT THE USER’S SOLE RISK. IN NO EVENT WILL PREDICTIVE SAFETY OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APPLICATION.

  2. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER PREDICTIVE SAFETY NOR ITS AFFILIATES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN OR GENERATED BY THIS APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
  3. As-Is Basis. USE OF THE APPLICATION IS MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
  4. No Responsibility for User Content. PREDICTIVE SAFETY IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER OR AN UNAUTHORIZED USER MAY POST ON THIS APPLICATION AND/OR ON WWW.PREDICTIVESAFETY.COM. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY PREDICTIVE SAFETY. MOREOVER, PREDICTIVE SAFETY RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE, AND PROHIBIT ANY AND ALL CONTENT THAT PREDICTIVE SAFETY DEEMS UNSUITABLE FOR ANY REASON.
  5. Limitation of Liability. PREDICTIVE SAFETY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $10.00. YOU ACKNOWLEDGE THAT IF YOU HAVE NOT PAID ANYTHING DIRECTLY TO PREDICTIVE SAFETY, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM PREDICTIVE SAFETY, REGARDLESS OF THE CAUSE OF ACTION.
  6. State Law Limitations. 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 MAY HAVE ADDITIONAL RIGHTS.

MISCELLANEOUS

  1. Notices. Notices, authorizations, and requests to Predictive Safety in connection with this Agreement must be sent by regular or overnight mail, or express courier, to 12150 E Briarwood Ave., Ste 120, Centennial, CO 80112. Notices will be treated as delivered on the date shown on the return receipt. Termination of this Agreement by a User should be sent via the Predictive Safety User service contact. Notices, authorizations, and requests to Users may be emailed to account administrators User identifies. Notices are effective on the date on the return receipt or, for email, when sent.

  2. Waiver. The waiver by Predictive Safety of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by Predictive Safety.
  3. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
  4. Governing Law; Venue and Jurisdiction. By using the User, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Predictive Safety or any of Predictive Safety’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to this Agreement. The Application is protected by copyright and other intellectual property rights laws and international treaties.
  5. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should Predictive Safety prevail, you will reimburse Predictive Safety’s reasonable attorney’s fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled, including, but not limited to, any costs of collection.
  6. Indemnity. You agree to indemnify and hold Predictive Safety, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any use of the Application, your conduct in connection with the Application, or with other users of the Application, or any violation of this Agreement or of any law or the rights of any third party.
  7. Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns.
  8. U.S. Export Jurisdiction. The Application is subject to U.S. export jurisdiction. User must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use, and destination restrictions issued by the U.S. and other governments.
  9. English Language Controls. The English language version of this Agreement controls any disputes.
  10. Entire Agreement. This Agreement (including any addendum or amendment to this Agreement which is included with the Service) is the entire agreement between you and Predictive Safety relating to the Application and any support services, provided, however, that this Agreement will be superseded by the Agreement entered into between the Subscribing Company and Predictive Safety. If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.