Website Terms and Conditions of Use
Acknowledgment and Acceptance
By accessing this website, you are agreeing to be bound by these Website Terms and Conditions of Use (these “Terms”) and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this website.
Intellectual Property Rights
All content, text, images, data, information and other material ("Content") displayed, available or present on this website, including any trademarks or copyrights, are the property of PCS Company (“PCS”) or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of PCS, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this website or any Content without the prior written permission of PCS.
Use Terms
A license is granted to those who accept these Terms to access Content. The license granted is not a transfer of title, and under this license you may not:
- modify or redistribute the Content to others;
- attempt to decompile or reverse engineer a programmed function of this website;
- remove any copyright or other proprietary mark.
PCS may in its sole discretion modify, edit, translate, suspend, restrict access to or terminate this website, these Terms, the Content or any link at any time without liability or prior notice. PCS may in its sole discretion terminate your browsing and use of this website at any time without liability or prior notice for any reason, including for any breach of these Terms. In the event you link this web site to another website to which PCS objects, upon notice of such objection from PCS, you agree to immediately discontinue such link.
Disclaimers
The Content is provided "as is.” PCS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PCS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Contents or otherwise relating to the Contents or on any sites linked to this site.
Limitation of Liability
In no event shall PCS or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website, even if PCS or its authorized representative has been notified of the possibility of such damage.
PCS AND ITS AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH THE USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT OR LINKS.
Indemnification
You will defend, indemnify and hold harmless PCS and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys’ fees, arising out of your use of this website, online conduct, breach of these Terms or dealings or transactions with other persons resulting from use of this website.
Applicable Law and Forum
This website, these Terms, and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Michigan without regard to its conflicts of law principles. The state and federal courts located in Michigan shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this website or these Terms. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Michigan.
Responsibility of Personal ID and User Information
You agree that you will be responsible for maintaining any Login ID, Customer Number, or similar information (collectively, “Personal ID”) (which shall include without limitation, passwords, unique user identifications, specific user Personal ID information and all other information used in connection with any PCS issued Personal ID) as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your Personal ID. You agree to immediately notify PCS in the event that (i) your Personal ID is lost or stolen, (ii) your Personal ID or a corporate user Personal ID for which you are responsible requires immediate termination due to the resignation and/or termination of any employee or agent; or (iii) you become aware of any unauthorized use of your Personal ID or of any other breach of security that might affect the web site. However, your notification to PCS of any lost or stolen Personal ID information, the termination of any PCS Personal ID or unauthorized use of your Personal ID will not necessarily limit or eliminate your liability with respect to any damage, claims, and/or charges resulting from the use or misuse of this website.
Miscellaneous
You represent and warrant that you are authorized to enter into these Terms on behalf of any entity which you represent. These Terms constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms may only be modified by PCS, at its sole discretion. If any provision of these Terms is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms shall survive termination of this website, any use by you of this website and any Content, or these Terms.
The materials appearing on this website could include technical, typographical, or photographic errors. PCS may make changes to the materials contained on its web site at any time without notice. PCS does not, however, make any commitment to update the materials.
