Terms

TERMS AND CONDITIONS (“AGREEMENT”)

This Agreement was last modified on November 19, 2024.

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using pcsi.org (the “Site”) operated by Professional Contract Services, Inc. (“us”, “we”, “PCSI” or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at pcsi.org.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement. If you do not agree to these Terms and Conditions, you may not access or use the Site.

We provide you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Terms and Conditions.

BY ACCEPTING THESE TERMS AND CONDITIONS, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT OR JURY TRIAL.

User age and access.

By submitting information through this Site you represent that you are over the age of majority in your jurisdiction.

Intellectual Property.

The Site and its original content, features, proprietary and/or confidential information, text, images and functionality (“Materials”) are owned or properly licensed by Professional Contract Services, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission.

License.

We grant you a personal, non-exclusive, non-transferable, limited license to access our Site and to use the information and services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Site for any purpose, subject to the express provisions of these Terms.

Except as expressly provided above, use of the Site does not grant you a license to any Content, features or materials you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by us. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.

Termination.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites.

Our Site may contain links to third-party sites that are not owned or controlled by Professional Contract Services, Inc.

Professional Contract Services, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Changes To This Agreement.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. We include the effective date of this Agreement at the top of the statement. We encourage you to check our Site frequently to see the current Terms and Conditions in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Site.

Modifications to the Site; Errors.

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other Materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. The Site (including the Content) may contain typographical, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the Site and do not guarantee that they will be corrected.

Acceptable use.

The Site may be used only for lawful purposes by individuals using our authorized services.

You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; interferes or may interfere in any way with the Site’s or our networks or network security; uses or attempts to use the Site’s service to gain unauthorized access to any other computer system; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, spoofing, Trojan horse, worm, keystroke logger, rootkit or other malicious and/or tracking computer software.

You must not use this Site, its Materials or its Content for any commercial purposes or conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, artificial intelligence training or operation, and data harvesting) on or in relation to this Site without PCSI’s express written consent.

You must not use this Site to transmit or send unsolicited commercial communications; to transmit or transfer (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws; to post any information which is incomplete, false, inaccurate or not your own; to impersonate another person; or to engage in conduct constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.

You must not use this Site to post material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; or post material that infringes on any other intellectual property, privacy or publicity right of another.

You must not use this Site for any purposes related to marketing without PCSI’s express written consent, which may only be obtained from PCSI’s General Counsel.

Compliance with laws.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Restricted access.

Access to certain areas of this Site is restricted. Professional Contract Services, Inc. reserves the right to restrict access to areas of this Site, or indeed this entire Site, at PCSI’s discretion. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If Professional Contract Services, Inc. provides you with an access identity to enable you to access restricted areas of this Site or other content or services, you must ensure that the access identity is kept confidential.

In order to access some of the features of the Site you may choose to create an account. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If we receive any instructions or orders using your username and password we will consider it authorized by you.

Professional Contract Services, Inc. may disable your access identity including without limitation any user username, password or other identifier, whether chosen by you or provided by us, at any time in PCSI’s sole discretion without notice or explanation.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. WE ARE NOT A PARTY TO, AND DO NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT OUR DIRECT INVOLVEMENT.

Limitation of Liability.

NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PCSI SHALL NOT BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THIS AGREEMENT, THE USE/MISUSE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WE OR OUR REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity.

You agree to defend, indemnify and hold us, our directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

Governing Law and Venue.

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Texas, United States, without giving effect to any principles of conflicts of law.

AGREEMENT TO ARBITRATE DISPUTES / JURY AND CLASS ACTION WAIVER

Any controversy or claim arising out of or relating to your use of the Site (including any claim involving us or our affiliates, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by arbitration through JAMS and their Rules conducted in Travis County, Texas, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state or federal courts located in Travis County, Texas, for enforcement of this arbitration provision.

Our customer service department can resolve most customer concerns quickly and to the user’s satisfaction. Please contact us using the contact information below. Before either of us can begin an arbitration, we must each notify each other about the claim in writing (“Notice”) and try to resolve the dispute informally within 30 days. If you have a claim, you must send us a letter in which you (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). In the unlikely event that you are not satisfied with customer service’s solution (or if we have not been able to resolve a dispute after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this provision, arbitrators can award the same damages and relief that a court can award. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. In arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be in court. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies.

If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If you reside outside of the United States, and to the extent that applicable local law prevents certain disputes from being arbitrated in accordance with this Agreement to Arbitrate Disputes provision of the Terms, then you can file those disputes in your local courts. Likewise, if you reside outside of the United States, and applicable local law prevents your local court from applying State of Texas law to resolve these disputes, then these disputes will be governed by the applicable local laws of your country, or other place of residence.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notices.

Notices to you may be made via either email or regular mail. Notices to us shall be by postal mail to the address below. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.

General Information.

The Terms and Conditions constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms and Conditions or your use of the Site.

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

You may not assign the Terms and Conditions or any of your rights or obligations under the Terms and Conditions without our express written consent.

The Terms inure to the benefit of our successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

Contact Us.

If you have any questions about this Agreement, please contact us by postal mail at Professional Contract Services, Inc., 718 W FM 1626, Austin, Texas 78748; by telephone at 512.358.8887 by email at privacy@pcsi.org.