Legal Notice

INTELLECTUAL PROPERTY NOTICE

Praedicat®, the Praedicat logo, Litagion®, Litigenome® and ML-ement® are registered trademarks of Praedicat, Inc.

CoMeta™, Nekomodel™, Oortfolio™, Quindrex™ and Starburst™ are trademarks of Praedicat, Inc.

The CoMeta and Oortfolio software products are protected by U.S. Patents 8,671,102 and 9,430,739.

Praedicat licenses Journal Citation Reports™ and Web of Science™ from Thomson Reuters. Select data therein are utilized as data inputs into Praedicat’s models.

 

WEBSITES TERMS OF USE

The following terms (these “Terms of Use”) set forth the terms and conditions on which Praedicat, Inc. (“Praedicat”) offers you access to its websites located at www.praedicat.com, www.cometarisk.com, and www.oortfolio.com (the “Websites”). By accessing any of the Websites, you agree to be bound by all of these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Websites. By using any of the Websites, you affirm that you are fully able and competent to enter into these Terms of Use and to abide by and comply with these Terms of Use. If you object to any provision of these Terms of Use or become dissatisfied with the Websites in any way, you agree that your only recourse is to discontinue your use of the Websites.

  1. Certification That You Are at Least 13 Years of Age. In order for you to use the Websites, you must be at least 13 years old. By using any of the Websites, you certify that you are 13 years of age or older.

Acceptable Use Policy. You agree to adhere to the terms of Praedicat’s Acceptable Use Policy (as updated from time to time) at all times during which you access the Websites. Praedicat’s Acceptable Use Policy is set forth below.

Praedicat does not assume any responsibility for content, including any material, data, communications, text, images, video, sound, and interactive features (collectively, the “Content”), that you may view on the Websites or access through the Websites, including the truthfulness, accuracy, quality, or reliability of any such Content.

  1. E-mail Communications. By submitting your e-mail address to Praedicat, you consent to being placed on Praedicat’s mailing lists and thereby receiving e-mail correspondence from Praedicat, including newsletters, event advertisements, and website updates. You may request that your e-mail address be removed from the applicable mailing list at any time by notifying Praedicat of your desire to unsubscribe. Although Praedicat will promptly remove your e-mail address from its mailing list, you may still receive any e-mails that are initiated before your e-mail address is removed from the list.
  2. DISCLAIMER OF WARRANTY. THE WEBSITES AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE WEBSITES OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRAEDICAT AND ITS SUCCESSORS, AFFILIATES AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OR COMPLETENESS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRAEDICAT OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION, PRODUCTS, OR SERVICES APPEARING ON THE WEBSITES SHALL BE AT YOUR SOLE RISK, AND YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE HAD REGARDING ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ON THE PART OF PRAEDICAT AND ITS AFFILIATES OR LICENSORS REGARDING THE FUNCTIONING AND USE OF THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRAEDICAT AND ITS SUCCESSORS, AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE WEBSITES OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE WEBSITES OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) INFORMATION PROVIDED THROUGH THE WEBSITES OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES WILL BE ACCURATE.
  3. Information. The analyses, models, estimations and predictions contained in the Websites (“Information”) are compiled using proprietary computer risk assessment technology of Praedicat. The technology and data used in providing the Information is based on scientific, legal and academic data, mathematical and empirical models, and the encoded experience of scientists and specialists (including without limitation: chemical engineers, epidemiologists, toxicologists, legal experts and mathematicians). As with any model of liability systems, particularly those with low frequencies of occurrence and potentially high severity outcomes, the actual losses from catastrophic events may differ from the results of simulation analyses. Furthermore, the accuracy of predictions and estimations depends largely on the accuracy and quality of the data used in connection therewith. The Information made available on the Websites is licensed subject to the terms hereof, is Praedicat’s proprietary information and may not be shared with any third party without the prior written consent of Praedicat. Furthermore, the Information may not be used under any circumstances in the development or calibration of any product or service offering that competes with Praedicat.

The recipient of the Information is further advised that Praedicat is not engaged in the insurance, reinsurance, or related industries, and the Information provided is not intended to constitute legal or other professional advice. PRAEDICAT AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL RESPONSIBILITIES, OBLIGATIONS AND LIABILITY WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE INFORMATION OR USE THEREOF, INCLUDING ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.

  1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PRAEDICAT OR ITS SUCCESSORS AND AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER ARISING, INCLUDING ANY SUCH DAMAGES RESULTING FROM A CLAIM BY ANY PARTY RELATING TO THE USE OF THE WEBSITES OR ANY ASSOCIATED INFORMATION, PRODUCTS, AND SERVICES, OR YOUR USE OF OR INABILITY TO USE THE WEBSITES. THE FOREGOING EXCLUSION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. FURTHERMORE, PRAEDICAT AND ITS SUCCESSORS AND AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR DAMAGES RELATING TO THE USE OF THIRD-PARTY SITES LINKED TO THE WEBSITES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF PRAEDICAT WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Praedicat and its successors and affiliates from and against any damages or claims, including fees and expenses, regardless of whether they are attributable to any act or omission of Praedicat or any of its successors and affiliates, in connection with (1) your use of the Websites, (2) your breach of these Terms of Use, (3) your negligent or wrongful conduct, (4) your violation of applicable laws, rules or regulations in connection with your use of the Websites, or any associated information, products or services or (5) the infringement by you, or any other person using your computer or personal login or password, of any right of any person or entity. This indemnification provision shall apply to third-party claims as well as claims made directly by Praedicat.
  2. User Content Submissions.
    1. Definition. User content submissions may include but are not limited to, user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. on the Websites. Such content submitted by users is referred to hereafter as “User Content”.
    2. Non-Endorsement. Praedicat does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Praedicat expressly disclaims any and all liability in connection with User Content submissions. Praedicat does not permit copyright infringing activities and infringement of intellectual property rights on the Websites, and Praedicat will remove User Content if properly notified that such submission infringes on another’s intellectual property rights in accordance with the Digital Millennium Copyright Act provisions. Praedicat reserves the right to remove User Content at its sole discretion and without prior notice.
    3. Ownership. Praedicat does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Websites, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Websites. Unless otherwise agreed to in writing, there is no compensation for User Content. Praedicat is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Praedicat representative, any material, information or other communication you transmit or post to the Websites will be considered non-confidential and non-proprietary.
    4. License. Unless otherwise specified on the Websites or in these Terms of Use, by posting, displaying, uploading, inputting, providing or submitting User Content, you grant Praedicat, necessary sub-licensees and website users a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
    5. Warranties and Representations. By posting or submitting User Content you warrant and represent that you own or otherwise control all of the rights to your submission, including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content. To the extent that the User Content submitted contains images, photographs, pictures or graphical representations in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use.
    6. Moderation or Pre-Screening. You acknowledge that Praedicat may or may not moderate or pre-screen User Content. Praedicat and its designees retain the right, at Praedicat’s sole discretion, to pre-screen, refuse, or remove any User Content from the Websites. Praedicat, however, will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Without limiting the foregoing, Praedicat shall have the right to remove any User Content that violates these Terms of Use.
  3. Proprietary Rights. The content of the Websites, including the Content and the trademarks, service marks and logos displayed on the Websites, are the property of Praedicat and are protected by copyright and other intellectual property rights under both United States and foreign laws. You may not modify or distribute the Content, or otherwise make use of the Content for any purpose, without Praedicat’s prior written permission, except as expressly permitted. You are permitted to access and use the content through the provided functionality of the Websites and may print Content where enabled for permitted uses only, provided that: (a) any such uses are not competitive with and do not damage Praedicat or impair its reputation or goodwill, and (b) you keep all copyright or other proprietary notices intact without alteration. Please note that this limited consent may be revoked at any time and does not include consent to republish Content elsewhere.

If you believe that your work has been posted on the Websites in a way that constitutes copyright infringement, you may send Praedicat a notice pursuant to the Digital Millennium Copyright Act that complies with Section 512(c)(3) of Title 17 of the United States Code and includes the following (as more specifically detailed in Section 512(c)(3) of Title 17 of the United States Code):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is infringing is located on the Websites;
    • Your address, telephone number, and e-mail address;
    • A written statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Any notice that fails to comply with the above requirements will be insufficient to confer upon Praedicat actual knowledge of the facts or circumstances from which the infringing activity is apparent. Please send notices of claims of copyright infringement to:

Praedicat, Inc.
Attn: General Counsel
5760 West Jefferson Boulevard
Los Angeles, CA 90016
legal@praedicat.com

  1. Termination. Praedicat may terminate your access to the Websites with or without cause, and with or without notice, at any time. Such termination shall take effect immediately, unless Praedicat provides otherwise in any notice. Upon such termination, your right to use the Websites immediately ceases and you acknowledge and agree that Praedicat may immediately delete any files and data relating to your account and bar any further access to such data or to the Websites. Praedicat shall not be liable to you or to any third party for termination of your right to use the Websites.
  2. Notices. All notices to Praedicat shall be in writing and shall be sent via e-mail to Praedicat, at legal@praedicat.com, or such other addresses as Praedicat may specify. All notices to you shall be posted on the Websites or shall be sent to you via e-mail at the address provided by you at account registration, or to such other addresses as you may later specify. Notice shall be deemed given when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices may be sent by regular mail to you at the address provided by you. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.
  3. Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the internal laws of California, applicable to contracts entered into and performed in California by residents thereof, without regard to its conflict of laws provisions. You hereby consent to personal jurisdiction in the courts located in California, which courts shall have exclusive jurisdiction over disputes arising out of these Terms of Use. You agree that that any disputes brought by you are to be tried without a jury. YOU AGREE THAT ANY DISPUTE AGAINST PRAEDICAT ARISING FROM OR IN CONNECTION WITH THE USE OF THE WEBSITES MUST BE FILED WITHIN ONE YEAR AFTER IT AROSE. ANY CLAIMS NOT FILED WITHIN ONE YEAR ARE WAIVED, AND WILL BE PERMANENTLY BARRED.
  4. Changes to Websites, No Obligation to Continue Websites. The Content displayed on the Websites is subject to change at any time without notice, including to correct any errors or omissions in any portion of the Websites. At any time, Praedicat may terminate, change, or suspend any aspect of the Websites, temporarily or permanently, without notice to you. Praedicat is not obligated to continue to support or update the Websites. Praedicat may impose limits on certain features or services or restrict your access to all or any part of the Websites. You acknowledge and agree that Praedicat and its successors and affiliates shall not be liable to you or to any third party in the event that Praedicat exercises any of these rights.
  5. Links. The Websites may contain links to third party websites that are not owned or controlled by Praedicat. Praedicat has no control over, and assumes no responsibility for, these websites (including any content, terms of use or privacy policy). You agree that you follow these links and use such third party websites at your own risk.
  6. Delegation and Assignment. You may not delegate or otherwise assign any of your obligations and/or rights under these Terms of Use to any other person or entity without the prior written consent of Praedicat.
  7. Modifications to the Terms of Use. Praedicat may, at any time and in its sole discretion, amend these Terms of Use by posting the amended Terms of Use to the Websites and you agree that your use in the future of the Websites will be subject to the then applicable Terms of Use.
  8. General. The headings contained in these Terms of Use are for convenience only and are not to be used in interpreting these Terms of Use. The provisions of these Terms of Use are severable. In the event any provision of these Terms of Use shall, in whole or in part, be determined to be void for any reason, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions. Praedicat’s failure or delay in exercising or enforcing any right under the Terms of Use shall not operate as a waiver or relinquishment of any right. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
  9. Entire Agreement These Terms of Use, documents referenced herein constitute the entire agreement between you and Praedicat with respect to your use of the Websites and Content displayed on the Websites. These Terms of Use supersede all prior understandings and agreements, whether written or oral, as to the subject matter hereof. Notwithstanding the foregoing, if you are party to a pre-existing written agreement with Praedicat that provides for a subscription or license to Praedicat’s online offerings (“Pre-existing Agreement”), in the event of a conflict between these Terms of Use and the Pre-Existing Agreement, the terms of the Pre-existing Agreement will control solely with respect to the conflicting terms.

 

ACCEPTABLE USE POLICY

Your use of the services provided by Praedicat, Inc. (“Praedicat”) through its websites located at www.praedicat.com, www.cometarisk.com, and www.oortfolio.com (the “Websites”) is subject to this Acceptable Use Policy. Praedicat offers a variety of services that are collectively referred to as the “Services”. If you are found to be in violation of these policies at any time, as determined by Praedicat in its sole discretion, Praedicat may warn you or suspend or terminate your access to its Services. Please note that Praedicat may change our Acceptable Use Policy at any time, it is your responsibility to keep up-to-date with and adhere to the policies posted here.

  1. Prohibited Content. The information and other content that you provide in connection with utilizing our services shall not contain any of the following types of content:
    1. Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
    2. Excessively profane content;
    3. Hate-related or violent content;
    4. Content advocating racial or ethnic intolerance;
    5. Content intended to advocate or advance computer hacking or cracking;
    6. Gambling;
    7. Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
    8. Drug paraphernalia;
    9. Phishing;
    10. Malicious content;
    11. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
  2. Prohibited Actions. Without limiting your or your organization’s obligations under any other agreement with Praedicat, you shall not and shall not enable any third party, to:
    1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
      1. sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
      2. imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
      3. data mining any web property (including Praedicat’s) to find email addresses or other user account information;
      4. sending unauthorized mail via open, third-party servers;
      5. sending emails to users who have requested to be removed from a mailing list;
      6. selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
      7. sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
    2. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene or otherwise objectionable content;
    3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature;
    4. Conduct or forward pyramid schemes and the like;
    5. Transmit content that may be harmful to minors;
    6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
    7. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
    8. Use the Services to violate the legal rights (such as rights of privacy and publicity) of others;
    9. Promote or encourage illegal activity;
    10. Interfere with other users’ enjoyment of the Services;
    11. Sell, trade, resell or otherwise exploit the Services for any unauthorized commercial purpose;
    12. Modify, adapt, translate, or reverse engineer any portion of the Services;
    13. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
    14. Reformat or frame any portion of the web pages that are part of the Services’ administration display;
    15. Use the Services in connection with illegal peer-to-peer file sharing;
    16. Display any content on the Services that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
    17. Modify the Praedicat logo or any other Praedicat marks; or
    18. Use the Service, or any interfaces provided with the Services, to access any Praedicat product or service in a manner that violates the Websites Terms of Use or other terms and conditions applicable to you for use of such Praedicat product or service.