1.Acceptance of These Terms
These Website Terms of Use ("Website Terms") govern your access to and use of the public websites operated by PredictiCare LLC, a Texas limited liability company ("PredictiCare," "we," "us," or "our"), including predicticare.health and any subdomains, landing pages, and content we make publicly available (collectively, the "Site").
By accessing or using the Site, you agree to these Website Terms. If you do not agree, do not use the Site.
These Website Terms apply to Site visitors only. Access to and use of the PredictiCare software platform (the "Platform") is governed exclusively by the PredictiCare Platform Terms and Conditions and, where applicable, a Business Associate Agreement and order form, not by these Website Terms.
2.Informational Purposes Only; No Offer, No Advice
2.1 Site Content Is Informational. All content on the Site, including product descriptions, feature summaries, statistics, case studies, testimonials, blog posts, whitepapers, and demonstrations, is provided for general informational purposes only. Site content does not constitute an offer, a warranty, a representation about outcomes, or a term of any agreement, and does not modify, supplement, or amend the Platform Terms and Conditions or any other agreement between PredictiCare and any customer.
2.2 Not Medical, Legal, or Professional Advice. Nothing on the Site constitutes medical, nursing, clinical, legal, regulatory, financial, or other professional advice. Descriptions of the Platform's predictive, monitoring, or matching capabilities are general descriptions of software functionality, not claims that any particular health outcome will be detected, predicted, prevented, or improved for any individual. The Platform does not diagnose, treat, cure, mitigate, or prevent any disease or condition, and no Site content should be understood to suggest otherwise.
2.3 No Reliance. Results described on the Site, including any statistics, percentages, case studies, or testimonials, reflect specific circumstances and historical data, are not typical of or guaranteed for any user, and should not be relied upon in making care, staffing, purchasing, or business decisions.
The Site is not monitored for, and must not be used to communicate, any medical emergency or urgent care need. If you are experiencing a medical emergency, call 911 or your local emergency number immediately.
3.Eligibility
The Site is intended for use by individuals who are at least 18 years of age. The Site is not directed to children, and we do not knowingly collect personal information from children through the Site.
4.Intellectual Property
4.1 Ownership. The Site and all of its content, including text, graphics, logos, trademarks, service marks, trade names, images, videos, software, page layouts, and design elements, are owned by PredictiCare or its licensors and are protected by United States and international intellectual property laws. "PredictiCare" and associated logos are trademarks of PredictiCare LLC. No right, title, or interest in the Site or its content is transferred to you by your use of the Site.
4.2 Limited License. We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site and its content for your personal or internal business evaluation purposes. You may not copy, reproduce, republish, distribute, display, sell, license, or create derivative works from Site content without our prior written consent, except for downloading materials we expressly make available for download, for the purpose we make them available.
5.Acceptable Use
You agree not to:
- (a) use the Site in violation of any applicable law;
- (b) scrape, crawl, harvest, or use automated means to extract data or content from the Site, including for training artificial intelligence or machine learning models;
- (c) probe, scan, or test the vulnerability of the Site or circumvent any security or access controls;
- (d) interfere with the operation of the Site, including by introducing malicious code or imposing an unreasonable load on our infrastructure;
- (e) impersonate any person or entity or misrepresent your affiliation;
- (f) frame or mirror the Site or use our trademarks in metatags or hidden text without consent; or
- (g) use the Site to develop, market, or benchmark a competing product or service.
We may investigate violations, suspend or block access, and cooperate with law enforcement, at our discretion and without notice.
6.Submissions and Communications
6.1 Voluntary Submissions. If you submit information through Site forms (such as demo requests, contact forms, newsletter signups, or downloads), you represent that the information is accurate and that you are authorized to provide it. Our collection and use of information submitted through the Site is described in our Privacy Policy.
The Site is not designed or intended to receive protected health information ("PHI") or any individually identifiable health information. Do not submit any client, patient, or personal health information through Site forms, chat features, email links, or any other Site channel. Any such submission is made at your own risk, is not subject to any Business Associate Agreement, and we may delete it without notice.
6.3 Feedback. If you provide ideas, suggestions, or feedback about PredictiCare or the Platform through the Site, you grant PredictiCare a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation, and you agree they are non-confidential.
7.Third-Party Links and Content
The Site may contain links to third-party websites, content, or resources, and may embed third-party tools (such as video players, scheduling widgets, or analytics). PredictiCare does not control, endorse, or assume responsibility for any third-party websites, content, products, or services. Your use of third-party websites and services is at your own risk and subject to their terms and privacy policies.
8.Privacy
Our collection and use of information through the Site is described in our Privacy Policy. By using the Site, you acknowledge the Privacy Policy. The Privacy Policy applicable to Site visitors is distinct from the data protections applicable to Platform customers, whose data is governed by the Platform Terms and Conditions and, where applicable, a Business Associate Agreement.
9.Disclaimer of Warranties
THE SITE AND ALL SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. PREDICTICARE DOES NOT WARRANT THAT THE SITE OR ITS CONTENT IS ACCURATE, COMPLETE, CURRENT, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE PREDICTICARE INDEMNIFIED PARTIES (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE PREDICTICARE INDEMNIFIED PARTIES ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
"PredictiCare Indemnified Parties" means PredictiCare LLC and its past, present, and future members, managers, officers, directors, owners, investors, employees, contractors, agents, licensors, affiliates, and their respective successors and assigns.
11.Indemnification
You agree to defend, indemnify, and hold harmless the PredictiCare Indemnified Parties from and against any third-party claims, and all resulting damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), arising from or relating to your violation of these Website Terms, your violation of applicable law in connection with the Site, or any content or information you submit through the Site.
12.Changes to the Site and These Terms
We may modify, suspend, or discontinue the Site or any part of it at any time without notice. We may update these Website Terms from time to time; the "Last Updated" date above reflects the most recent version. Your continued use of the Site after changes take effect constitutes acceptance of the updated Website Terms.
13.Governing Law; Venue
These Website Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state courts located in Bowie County, Texas, and the United States District Court for the Eastern District of Texas, Texarkana Division, for any dispute arising out of or relating to the Site or these Website Terms.
14.General
If any provision of these Website Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any provision is not a waiver. These Website Terms, together with the Privacy Policy, constitute the entire agreement between you and PredictiCare regarding use of the Site, and supersede prior communications on that subject. For customers of the Platform, the Platform Terms and Conditions, applicable order forms, and any Business Associate Agreement exclusively govern use of the Platform and control over these Website Terms in the event of any conflict relating to the Platform.