Terms of Use

Terms of Use

1. Your Acceptance

Predicart.com and its subsidiaries and affiliates (collectively "Predicart.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Predicart.com and you governing your use of the Website. By using and/or visiting the www.Predicart.com Website or any other Websites owned by Predicart.com (collectively the "Website"), you indicate your acceptance of both these Terms of Use and the Predicart.com Privacy Policy. You are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

2. The Predicart.com Website

These Terms of Use apply to all users of the Website, including users who contribute ideas, information of any kind, other materials, and services on the Website. The Predicart.com Website may contain links to third party websites that are not owned, affiliated, or controlled by Predicart.com. Predicart.com has no control of, and assumes no responsibility for the content, privacy policies, technology, or practices of any third party websites. By using the Website, you agree to specifically release Predicart.com from any and all liability arising from your use of any third-party website.

3. Website Access

Predicart.com grants you permission to use the Website as indicated in these Terms of Use, provided that: (a) your use of the Website as allowed under these Terms of Use is only for your personal and noncommercial use; (b) you will not alter, modify, copy, or distribute any part of the Website in any manner without Predicart.com’s prior written authorization; (c) you will not rearrange, modify, enhance, or alter any part of the Website other than as may be reasonably necessary to use the Website for the original purpose intended; and (d) you will comply with the terms and conditions of these Terms of Use.

In order to access the members area of the Website, you will have to register and create an account. At registration, you must provide accurate and complete information as it is requested in the registration form.You agree to safeguard your membership information in all reasonable ways and you will not use another user’s account without permission. You are solely responsible for all activity that takes place on your account and you must keep your personal information such as passcode, secure. You agree to immediately notify Predicart.com of any unauthorized use of your password or account or any other security violation. You may change your private information at any time by updating your personal profile page. Predicart.com cannot and will not be held responsible for any loss or damage arising from your failure to comply with the indications in this Section.

You agree to provide real, accurate, current, and complete information about yourself in all required fields of the registration form. If there are any changes to your personal information, you must update your personal profile information as soon as possible. By registering with Predicart.com, you represent that you are of legal age to form a binding contractual agreement and are not a limited or barred by any national or international laws from using the Predicart.com Website. If for any reason your registration information is not complete, current, or accurate, or if Predicart.com suspects that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Predicart.com Website.

You agree not to use or launch any automated system, including without limitation, "autodialers," "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more requests or messages to the Predicart.com servers in a given period of time than any person can reasonably produce in the same period by using a conventional on-line web browser. Furthermore, you agree to not utilize any other technological systems, devices, or apparatus that may be considered as malicious or produce a malicious or ill-intended outcome against the Predicart.com Website or servers. Notwithstanding the foregoing, Predicart.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Predicart.com reserves the right to revoke these exceptions either as a general rule or in specific cases, in its sole discretion.

4. Intellectual Property Rights

The content on the Predicart.com Website, except all User Submissions (as defined below), including without limitation, the designs, text, graphics, videos, and photos created by and for Predicart.com, interactive features ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Predicart.com, subject to copyright and other intellectual property rights under United States and foreign laws, as well as any and all international agreements or conventions. Content on the Website is provided to you on an 'as is' basis for your information and personal use only and may not be used, replicated, copied, reproduced, sold, distributed, licensed, transmitted, broadcast, displayed, or otherwise exploited for any purpose whatsoever without the prior written consent of Predicart.com or as expressly provided herein. Predicart.com reserves all rights not expressly granted in and to the Website and the Content contained therein.

You agree to not engage directly or indirectly, in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. You must retain all copyright and other proprietary notices contained within all information and submissions available in the Website. You agree not to bypass, ignore, disable, or interfere with security related functions of the Website.

5. User Submissions

You agree not to utilize, collect or distribute any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

The interactive nature of postings on Predicart.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, thoughts, statements, suggestions, opinions, comments, and observations made by Predicart.com users, and any text, data, blog, photographs, video, music, sound, chat, messages, files, archives, or other material provided to us by users (all known as "User Submissions") are not endorsed or supported by Predicart.com, and we make no guarantee regarding the reliability, veracity, accuracy, reputation, or quality of any User Submission that is posted on the Website. You acknowledge that you will consider and be responsible for any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You are and will be solely responsible for your own User Submission and the consequences of posting, distributing, or publishing them. You retain each and all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Predicart.com, you hereby grant and authorize Predicart.com a non-exclusive, worldwide, sublicenseable, royalty-free, and transferable right and license to use, reproduce, replicate, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Predicart.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

If you choose to post User Submissions on Predicart.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Predicart.com reflects your respect for the legal rights of users connected with Predicart.com. You understand that Predicart.com does not guarantee any confidentiality with respect to any User Submission.

Predicart.com expressly disclaims any and all liability in connection with User Submissions. Predicart.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Predicart.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

6. Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all materials you post on Predicart.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Predicart.com.

You may not, in connection with Predicart.com:

* Upload, post, email, submit, or otherwise transmit any User Submission that is defamatory, pornographic, libelous, racist, sexually explicit, unlawful or plagiarized; * infringes or violates any patent, copyright, trademark, trade secret or other property right; * breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); * a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way; * constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech; * violates or encourages others to violate any applicable law, statute, ordinance or regulation; * promotes software or services that deliver unsolicited e-mail; or * contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.

You may not, except with Predicart.com’s previous written authorization or in a specially designated area, use the Website to:

* Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or * engage in commercial activities within Predicart.com; * harm minors in any way; * solicit personal information from anyone under 18; * provide false or deceptive information; * use Predicart.com content to engage in commercial activities; * delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or * allow usage by others in such a way as to violate Predicart.com’s Terms of Use.

7. Design and Slogan Submissions

If you are submitting a Design or Slogan idea to Predicart.com, you agree to additional Terms and Conditions.

8. Copyright Infringement

Predicart.com respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with Predicart.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design or Slogan. Predicart.com reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.

If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated contact as indicated:

Predicart.com 10773 N.W. 58th Street # 690 Miami, FL. 33178 Email: copyright@predicart.com 

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

9. Modifications to the Website

Predicart.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Predicart.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

10. Termination

Predicart.com may, under certain circumstances and without prior notice, immediately terminate your Predicart.com account and access to the Website and any other Predicart.com services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Use, other incorporated agreements, or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Website or any other Predicart.com product. Termination of your Predicart.com account includes: (a) removal of access to all pages within the Website; (b) deletion of your password and all related information, files and materials, including User Submissions associated with or inside your account (or any part thereof); and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in Predicart.com’ s sole discretion and that Predicart.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

11. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PREDICART.COM, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF PREDICART.COM, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PREDICART.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PREDICART.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED WEBSITE OR OTHER PROMOTION, AND PREDICART.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREDICART.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


12. Limitation of Liability

IN NO EVENT SHALL PREDICART.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF PREDICART.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT PREDICART.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Predicart.com from its facilities in the United States of America. Predicart.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13. Indemnity

You agree to defend, indemnify and hold harmless Predicart.com, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Predicart.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

14. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Predicart.com is not intended for children under 13. If you are under 13 years of age, then please do not use the Predicart.com Website.

15. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Predicart.com without restriction.

16. Copyright Notice

The Predicart.com Website is © 2007, Predicart.com – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Predicart.com.

17. Trademarks

All of the Predicart.com trademarks are owned by Predicart.com and may not be used for any purpose without the prior written permission of Predicart.com.

18. General

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Predicart.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Predicart.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

19. Violations of These Terms of Use

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to suggestions@Predicart.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Predicart.com in its sole discretion may investigate the matter and take such action as Predicart.com determines to be appropriate.

20. Updates to Terms of Use

Terms of Use updated September 27, 2007.