Terms of use - PCS Wireless

Website Terms of Use

Welcome to pcsww.com (the “Site”), the domain and the Contents (defined below) of the Site are owned, operated and/or are licensed by PCS Wireless, LLC (hereafter referred to as “PCS,” “Company,” “we,” “our” or “us”). Please read these Terms of Use, which apply solely to the pcsww.com website, together with any documents that they expressly incorporate by reference, before using the Site. Please note that certain other PCS services may have additional terms and conditions regarding your use of those services, and nothing in these terms and conditions is intended to modify those additional terms and conditions. In these Terms of Use, we may refer to a user of the Site as “you,” or “your.” Your access to and use of the Site, are subject to your agreement to these Terms of Use.

THESE TERMS OF USE INCLUDE A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH PCSWW.COM (DISCUSSED IN THE “ARBITRATION AND CLASS WAIVER” SECTION BELOW).

By continuing to use the Site you acknowledge that you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, and will thereby enter into a binding contract (the “Agreement”) with PCS governing your access to and use of the Site.

If you do not agree to these Terms of Use and our Privacy Policy, or do not want to enter into an agreement with PCS, please exit this Site and do not access the Site.

General Terms and Conditions

All use of the Site is subject to these Terms of Use and Privacy Policy. By accessing and using the Site, you acknowledge, accept, and agree to the Terms of Use, our Privacy Policy, and all other terms, conditions, procedures and policies that may be published from time to time on the Site by us, each of which is incorporated by reference.

The Terms of Use represents a binding contract between you and PCS, its parents, subsidiaries, affiliates, assignees and its and their officers, directors, members, employees and agents, and is in addition to any other agreements between you and PCS, including any other agreements that govern your purchase or use of products, features, content, applications and services that may be available on the Site. If you are accessing the Site on behalf of another entity or individual, you represent and warrant that you have the authority to agree to these Terms of Use on behalf of such entity or individual. If you do not agree with anything contained in these Terms of Use, please do not access or otherwise utilize the Site. PCS reserves the right to change these Terms of Use, from time to time. Use of the Site following the posting of any changes to the Terms of Use or our Privacy Policy shall be deemed to be acceptance thereof by you.

Ownership of Domain and Contents

PCS owns, operates and/or licenses the domain and the Site Contents, including its past, present and future versions, all pages found within the Site, the material and information on the site, all articles, artwork, audio, any computer applications, compilation, designs, graphics, images, text, user interfaces, videos, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of the content on the Site (hereinafter, the “Content”), trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not, are owned, controlled or licensed by or to PCS. Your use of the Site or the Content is subject to all applicable state and federal intellectual property laws, as well as any specific notices contained on the Site, which you acknowledge and agree to abide by, including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. All rights not expressly granted are reserved.

The Site and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without PCS’ express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Unauthorized use of the Site or the Content contained on or available through the Site or any linked websites may violate intellectual property laws or other laws.

Trademarks

The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Site are either common-law service marks, trademarks or registered service marks or trademarks of PCS or its parents, subsidiaries, or affiliates and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Site may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with PCS. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Site. You are not permitted to use any Marks displayed on the Site, metatags or any other “hidden text” utilizing Marks of PCS and its licensors, without prior written permission of PCS or such third party who may own the Mark.

Eligibility to Use the Site

If you do not agree to the Terms of Use, the Privacy Policy, or any other subsequently referenced agreements or documentation, you must not access the Site. PCS may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that as applicable to you, these Terms of Use comply with all applicable laws, statutes, ordinances, rules and regulations. Your right to access the Site will be immediately revoked where these Terms of Use or use of the Site is prohibited or to the extent the offering, sale or provision of the Site services conflict with any applicable law, statute, ordinance, rule or regulation. Further, the Site is offered only for your use, and not for the use or benefit of any third party.

PCS reserves the right to refuse service or access to the Site in its sole discretion and without cause.

Age Requirement

In order to register with the Site and create an account, or be a User of the Site, you represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Site.

Acceptable Use

By accepting these Terms of Use and using the Site, you agree not to:

Engage in any fraudulent activity of any kind.

If PCS permits you to input information into the Site, you may not (and may not permit any third party to) input any information or content that:

is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, profane, hateful or is racially, ethnically or otherwise objectionable as determined by us in our sole discretion, or otherwise violates the legal rights of others;
you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary rights of any party or violates any law or contractual duty;
impersonates any person or entity, including any of our employees or representatives; or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware, or telecommunications equipment.

You shall not (directly or indirectly): (i) take any action that imposes or may impose (as determined by us in our reasonable discretion) an unreasonable or disproportionately large load or burden on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the services); (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the website; (v) harvest or scrape any Content from the Site; or (vi) otherwise take any action in violation of these Terms of Use.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

We also reserve the right to access, read, preserve, and disclose information to the extent necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) implement and/or enforce the Terms of Use including without limitation, investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to your support requests; or (v) protect the rights, property or safety of us, our Users and the public.

User License

Subject to these Terms of Use, we grant each user of the Site a limited, worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of accessing the Site and using the Site. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Site, or of any products or services sold by or through PCS, its subsidiaries, affiliates or the Site is strictly prohibited. You may copy information from the Site only as strictly necessary for your own use of the Site. Otherwise, no portion of the Site may be reproduced, duplicated, copied, sold, resold, licensed, rented or otherwise exploited for any commercial purpose that is not expressly permitted by us. The commercial use or public dissemination of any information and data gathered from the Site is strictly prohibited, unless specifically authorized in advance by us in writing. Any violation of the foregoing may subject you to compensatory and punitive damages, and shall specifically also entitle us to equitable relief, in addition to any other available remedies.

Availability of Content

We do not guarantee that any Content will be made available on the Site. We reserve the right, in our sole discretion, to (i) remove, edit or modify any Content, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities that such Content infringes or appears to infringe on intellectual property rights owned by others or if we are concerned that you may have violated these Terms of Use), for no reason at all; and (ii) to remove or block any Content from the Site.

Copyright Infringement

If you believe that any material contained in the Site infringes your intellectual property, you shall notify us of the alleged infringement in accordance with the following procedure: Send any notification of claimed copyright infringement to [email protected]. To be effective, the notification must be in writing and include the following information: (i) physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; (ii) identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for us to locate the material; (iii) contact information of the notifying party, such as address, telephone number and email; (iv) a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and (v) a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.

Hyperlinks

The Site may contain links to third party websites and other websites may contain links to the Site. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by us of any information contained in any third party website. In no event shall we be responsible or liable for the information contained on that third party website, your use of or inability to use such website and any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, products or services available on or through any such third party website. You should also be aware that the terms and conditions of any third party website and any third party’s website’s privacy policy may be different from those applicable to your use of the Site.

Termination

We may terminate your access to all or any part of the Site with or without cause at any time. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitations of Liability

Any material downloaded, accessed or otherwise obtained through the Site, is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, PCS AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (I) WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE, INCLUDING THE CONTENT, INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF; (II) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (III) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS TO OR USE OF THE SITE. PCS PROVIDES THE SITE AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND AS TO THE SECURITY, ADEQUACY, COMPLETENESS, SUFFICIENCY, TIMELINESS OR ACCURACY OF ANY CONTENT OR MATERIAL AVAILABLE IN OR THROUGH THE SITE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU HEREBY AGREE THAT ANY MONETARY CLAIMS OF ANY KIND ASSESSED AGAINST US OR OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS ARISING OUT OF OR RELATING TO THE USE OF THE SITE SHALL NOT EXCEED (IN AGGREGATE) $500. IN NO EVENT SHALL WE OR ANY OF OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU, OR TO ANY THIRD PARTY, FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, COMPENSATORY OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES OR OTHER MALWARE WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PCS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.

Indemnity

You agree to indemnify and hold harmless PCS, its parents, subsidiaries and affiliates and each of its and their respective officers, members, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your account or identity in the Site) use or misuse of the Site, breach of these Terms of Use, the Privacy Policy or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to and will assist and cooperate with us in asserting any available defenses.

Choice of Law

You agree to resolve any claim, cause of action or dispute (together a “Claim”) you have with us arising out of or relating to your use of the Site, or our Terms of Use or our Privacy Policy exclusively in the state of New Jersey. You further agree that the laws of the state of New Jersey will govern our Terms of Use and our Privacy Policy as well as any claim that may arise between you and us, without regard to conflict of law principles. In any dispute arising under the Terms of Use or the Privacy Policy, the prevailing party will be entitled to reasonable attorneys’ fees and expenses, provided that all arbitration fees are fronted 50/50 by each party.

Arbitration and Class Action Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, OUR TRANSACTION POLICY, OUR PRIVACY POLICY, YOUR USE OF THE SITE, FEES OWED, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN FLORIDA UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.

This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with the Terms of Use.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of Site, the Terms of Use or the Privacy Policy must be filed within one (1) year after such claim or action arose or be forever banned.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will otherwise survive the termination of your relationship with us.

Miscellaneous

Email Communication

We use email to communicate with users. You hereby authorize and agree that we may communicate with you via email and you consent to receiving and giving any notice required under the Terms of Use or any other agreement with us via email. We will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will we have any liability for sending any email to user. Electronic notices should be sent to [email protected].

Severability

Any finding of illegality, invalidity or unenforceability of any provision or term of this Terms of Use or our Privacy Policy shall not affect the legality, validity or enforceability of any other provision or term of these Terms of Use or our Privacy Policy.

Entire Understanding

These Terms of Use and our Privacy Policy set forth the entire understanding and agreement between you and us with respect to the subject matter herein. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Site without our prior written consent. PCS may assign, transfer or delegate any of its rights and obligations hereunder without consent. A failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of these Terms of Use or our Privacy Policy shall be held to be void or unenforceable, the remaining provisions of these Terms of Use or our Privacy Policy (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against us or our affiliates with respect to these Terms of Use or our Privacy Policy, you should immediately refrain from using the Site. Any non-use of the Site shall not act as a waiver of fees, penalties, or interest to which we may be entitled pursuant to these Terms of Use. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use or access to the Site or use of the Site, and neither you nor we have any authority of any kind to bind the other in any respect.

Contact Info

You may contact us at [email protected] or at the following address:

PCS Wireless, LLC
11 Vreeland Road
Florham Park, NJ 07932