Terms of Use

TERMS OF USE

PCS Revenue Control Systems

Last Updated August 25, 2014

Thank you for visiting the Web Site for PCS Revenue Control Systems (“PCS”), maintained at http://pcsrcs.com/ (the “Site”).  These Terms of Use govern how you may use the Site, and constitute an agreement by which you are bound by using this Site.  By accessing this Site, you hereby confirm your acceptance of these Terms of Use and your intent and agreement to be bound by them.  These Terms of Use are intended to be fully effective and binding on you and on us.  IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE.

This Site is intended for the exclusive use of adults over 18 years of age.  By using this Site, you represent and warrant that you are over the age of 18.  If you are not over 18 years of age, you must not use or access the Site.

Information regarding PCS products and services is subject to change without notice.  Some products and services may not be available in certain areas.  The information contained in the Site is intended for informational purposes only.

Site Policies and Modifications

These Terms of Use and the other policies posted on this Site govern your use of the Site, the services offered on the Site, and your submission of and posting content to the Site.  PCS reserves the right to make changes to the Site, policies and these Terms of Use at any time.  You agree that you are responsible for reviewing these Terms of Use and the Privacy Policy from time to time.  Once posted herein and on the site, revised terms become effective 24 hours after posting.  Your use of the Site following such effective date shall thereby confirm your acceptance of any such changes.

Accessing the Site; Account Security

PCS cannot guarantee continuous access to the Site, and operation of the Site may be interfered with by numerous factors outside of PCS’ control.  PCS reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice. PCS will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.  From time to time, PCS may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain personal information.  The security of your personal information is important to PCS.  PCS follows reasonable standards to protect the personal information submitted, both during transmission and once it is received.  However, no method of transmission over the internet or method of electronic storage is 100% secure.  Therefore, while PCS strives to use commercially acceptable means to protect your personal information, PCS cannot guarantee its absolute security. For more information on how PCS protects and uses your personal information, see PCS’ Privacy Policy at http://pcsrcs.com/privacy-policy . You agree that all information you provide is governed by the Privacy Policy, and you consent to all actions PCS takes with respect to your information consistent with the Privacy Policy.

If you are provided with a user name or password or any other piece of information as part of PCS’ security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.  You agree to notify PCS immediately of any unauthorized access to or use of your user name or password or any other breach of security.  PCS has the right to disable any user name, password or other identifier, whether chosen by you or provided by PCS if, in PCS’ opinion, you or anyone using the Site with your credentials, have violated any provision of these Terms of Use.

Intellectual Property

© 2014 PCS Revenue Control Systems.  ALL RIGHTS RESERVED.  Text, images, graphics and HTML code are protected by U.S. and international copyright laws.

All trademarks, service marks, related names, logos, trade dress, trade names, product and service names, designs and slogans (collectively the “Marks”), including, but not limited to those Marks displayed or used on the Site, whether or not in large print or with the trademark symbol, are registered or common law trademarks of PCS or its affiliates or licensors, and are protected under federal and international trademark laws.  Nothing contained on this Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of PCS or that of the respective owner(s).  PCS reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained.   Moreover, the Marks may not be used in connection with any product or service, or in any of submission on or to the Site in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PCS.  All other trademarks, service marks, logos, trade dress and trade names not owned by PCS that appear on the Site are the property of their respective owner(s), who may or may not be affiliated with, connected to, or sponsored by PCS.

The Site and its entire content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by PCS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  PCS grants you a limited license and permission to access and make personal use of the Site but not to download any portion of it for any commercial purpose or to modify any portion of it.  Except as explicitly provided in these Terms of Use, you agree not to modify, create derivative works from, sell or otherwise exploit any of the content of any portion of the Site for any competing commercial purpose.  You may display and occasionally print a single copy of pages of the Site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on the Site without PCS’ prior written or e-mailed consent, which may be withheld in PCS’ sole discretion.

Infringing Material

If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:

David Yaniv, General Manager
PCS Revenue Control Systems, Inc.
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
info@pcsrcs.com
800-247-3061

The Digital Millennium Copyright Act requires that such notification be in writing and include all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the material that is claimed to have been infringed, or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works on the Site;
  • 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 PCS to locate the material;
  • Information reasonably sufficient to permit PCS 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;
  • 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; 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 owner of an exclusive right that is allegedly being infringed.

Restriction on Your Use

You may use the Site only for lawful purposes and in accordance with these Terms of Use.  While using the Site, you will not:

  • Violate any applicable federal, state, local or international law or regulation;
  • Post false, inaccurate, misleading, defamatory or libelous content (including personal information);
  • Distribute or post junk mail, chain letters, spam or any other similar solicitation;
  • Distribute viruses or any other technologies that may harm PCS or any other Site user; or
  • Harvest or otherwise collect information about other Site users, including e-mail addresses, without their express consent.

Without limiting the foregoing, you are expressly prohibited from using this Site to solicit or otherwise to gather in any way other users’ information for any purpose whatsoever, whether to promote, market or solicit products or services.

You agree to use this Site in compliance with all applicable laws, rules and regulations in a manner that does not, in PCS’ sole judgment, negatively reflect on the goodwill or reputation of PCS or any of its affiliates.

The U.S. export control laws regulate the export and re-export of technology originating in the United States.  This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any content, including, without limitation, any third party content, or any content that PCS may post, or content otherwise derived from the Site to either a foreign national or a foreign destination in violation of such laws.

Limited Liability of PCS; Disclaimers

Reasonable care has been taken to ensure that the Site content is accurate and up to date.  However, PCS makes no warranties or representations about the accuracy or completeness of the Site content nor any other warranties or representations about the content, the Site or the products or services offered thereon, all of which are provided on an “as-is” basis. 

            You understand that PCS cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code.  You are responsible for implementing procedures you deem sufficient for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of lost data.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER PCS, NOR ANY OF ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE, OR CONTENT PROVIDERS (“PROVIDERS”), MERCHANTS (“MERCHANTS”), SPONSORS (“SPONSORS”), LICENSORS (“LICENSORS”), OR THE LIKE (COLLECTIVELY, “ASSOCIATES”), WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PCS OR ANY OF ITS ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR PCS’ SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR USER CONTENT DESCRIBED ON THE SITE.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SITE, PCS’ SERVICES, PCS INFORMATION AND USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PCS SPECIFICALLY DISCLAIMS WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE, THE INFORMATION CONTAINED ON THIS SITE, THE USER CONTENT PROVIDED AND/OR MADE AVAILABLE ON THE SITE, AND ANY PRODUCT OR SERVICE DESCRIPTIONS ON THE SITE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY PCS OR ITS ASSSOCIATES SHALL CREATE ANY WARRANTY.

UNDER NO CIRCUMSTANCES SHALL PCS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS SITE OR PCS’ INFORMATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE OR INFORMATION, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION, SERVICES AND/OR USER CONTENT OBTAINED OR REVIEWED FROM OR ON THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PCS RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INFORMATION, AND SERVICES THAT ARE AVAILABLE THROUGH THE SITE. 

PCS DOES NOT WARRANT THAT THE MATERIALS, INFORMATION, OR CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Further, some jurisdictions do not allow for the disclaimer of warranties, so if prohibited by applicable law, such disclaimer shall not apply to you.

Changes to the Site

PCS may update the content on this Site from time to time, but its content is not necessarily complete or up to date.  Any of the material on the Site may be out of date at any given time, and PCS is under no obligation to update such material.

Privacy Policy & PCS’ Rights

All information PCS collects on this Site is subject to the PCS Privacy Policy (http://pcsrcs.com/privacy-policy/).  PCS may disclose any of your submissions, records or electronic communications of any kind and any information you provide to PCS or its affiliates, through the Site or otherwise (i) when PCS believes disclosure to be appropriate to comply with any law, regulation or government or law enforcement request or to comply with judicial process; (ii) if such disclosure is necessary or appropriate to operate this Site; (iii) to detect, prevent or otherwise address fraud, security or technical issues; or (iv) to protect PCS’ rights or property, other users of the Site, and PCS’ affiliates. By using the Site, you consent to all actions taken by PCS with respect to your information in compliance with the Privacy Policy.

Links from this Site

The Site may contain links to various third party sites.  The linked sites are not under PCS’ control and PCS is not responsible for the content of any linked site or any link contained in a linked site.  PCS makes no representations or warranties as to the information, goods or services offered through those sites, and by having a link on this Site to any third party site, PCS is not endorsing the information, goods or services offered through those sites.  You should review the terms of use of those sites, as you will be bound by them when visiting those sites.  You proceed to those external sites at your own risk.  NEITHER PCS NOR ITS OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF (1) THE USE OF OR RELIANCE UPON THIS SITE OR ITS CONTENT, OR (2) THE ACCESS TO, USE OF, OR RELIANCE UPON ANY LINKS OR POINTERS TO INFORMATION CREATED OR MAINTAINED BY OTHERS ON THIS SITE. PCS reserves the right to terminate any link or linking program at any time.

Linking to this Site

Creating or maintaining any link from another site to any page on this Site without PCS’ prior written permission is prohibited. Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another site without PCS’ prior written permission is prohibited.  Any permitted links to this Site must comply with all applicable laws, rules and regulations.

Indemnification

As a condition of use of the Site and/or using the services, accessing information on the Site, and/or your submission of content and/or posting of content on the Site, you agree to indemnify and hold harmless PCS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all liabilities, expenses (including reasonable attorneys’ fees and costs) and damages arising out of any and all direct or indirect claims resulting from or relating to (i) your use of this Site or the information provided on the Site; (ii) your use of the services offered on the Site, except as expressly provided otherwise in your contract with PCS; (iii) the goods featured on the Site; and/or (iv) any breach by you of the Terms of Use and/or the Privacy Policy, including any claims alleging facts that, if true, would constitute a breach by you of the Terms of Use or the Privacy Policy.  This indemnity is in addition to, and not in lieu of, other indemnity obligations stated herein.

Governing law; Jurisdiction

By visiting the Site, using the services offered on the Site and/or submitting and/or posting content on the Site, you agree that the laws of the State of New Jersey, excluding conflicts of law provisions will govern this Agreement and any dispute of any sort that might arise between you and PCS.  The sole and exclusive forum for any dispute arising out of or in connection with your visit to the Site, using the services offered on the Site and/or submitting and/or posting content on this Site shall be the state and federal courts located in Bergen County, State of New Jersey or in any federal court in the district of New Jersey. You and PCS consent to exclusive jurisdiction and venue in such courts and waive any and all claims of inconvenient forum and immunity.  YOU AND PCS EXPRESSLY AGREE HEREBY, TO THE FULLEST EXTENT PERMITTED BY LAW TO WAIVE THE RIGHT TO A TRIAL BY JURY

Headings; No Waiver; Severability

Headings are for reference purposes only and do not have any interpretive effect.

PCS’ failure to act with respect to a breach by you or others does not waive PCS’ right to act with respect to subsequent or similar breaches.  PCS does not guarantee that it will take action against all breaches of this Agreement.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, together with PCS’ Privacy Policy (http://pcsrcs.com/privacy-policy), sets forth the entire agreement regarding your access to and use of the Site, and supersedes all prior or contemporaneous communications, promises and proposals, whether or, written or electronic, between you and PCS with respect to this Site.

Questions

If you have questions or comments about these Terms of Use, please contact PCS at:  info@pcsrcs.com or 800-247-3061.

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