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Privacy Policy & Terms of Use

PRIVACY POLICY

We at Party Center Software, LLC. ("PCS," "we," "us" or "our") know that your privacy is important. This privacy policy ("Policy") is designed to assist you in understanding how we will collect and use the information you provide when you use  our websites ("Sites") and  other related services (“Services”) on which we post a direct link to this privacy policy.

Please read this Policy to learn more about the ways in which we collect and use your information. By using our Services, you consent to our collection, use, and disclosure of your information as described in this Policy.

For the purposes of this Privacy Policy, when we refer to "you" or to a "customer" we mean any past, current or prospective customer of PCS, including any visitor to one of our Sites.

Information Collection and Use

We collect personally identifiable information only if specifically and knowingly provided by you. This Privacy Policy statement explains what information we gather, how we gather it and how we use it.

  • What information we gather;
  • How we gather information;
  • How we use the information;
  • With whom we may share information;
  • Security of the information;
  • Storage of the information;
  • Your rights and choices; and
  • Contact Information.

Please note that we may update this statement without notice from time to time by posting the updated terms on our websites. You are responsible for periodically reading this statement. If you use our websites after we have updated this statement, you acknowledge that you have read the updated terms and consent to our revised privacy practices.

By becoming a registered member or otherwise using our websites, you acknowledge that you have read this privacy policy statement and consent to our privacy practices as described in this statement, including our use and disclosure of personally identifiable information for the purposes described below.

If you are a resident of the State of California, please also read Your California Privacy Rights below to understand additional rights you may have pursuant to California Civil Code Section 1798.83 and the California Consumer Privacy Act of 2018.

Information we gather and track.

We may collect two types of information from you and other registered users of our websites: (1) "personally identifiable information" and (2) “non-personally identifiable information”.

"Personally identifiable information" is information that identifies you personally, such as your name, address, telephone number, email address, or company name.

"Non-personally identifiable information" can be technical information, such as aggregated tracking information derived mainly by tallying page views throughout our site, or it can be demographic information. Non-personally identifiable information does not identify you personally. If you do provide us with non-personally identifiable information, we may use it for the purposes described in this statement or for any other legal purpose.

We do not offer services directed to children.  Should an individual whom we know to be a child under age 18 send personally identifiable information to us, we will take measures to remove that user's personal information from our databases. From time to time we may come into contact with persons under the age of 18 as may be necessary in the performance of our contractual obligations. In such instances we take reasonable efforts to not collect or store any personally identifiable data of such persons, but rather de-identify and anonymize such data of persons under the age of 18.

How we gather and track information.

Personally Identifiable Information.

As part of the registration process we collect your company and/or trade name, contact name, telephone number, principal address and email address.

As part of the utilization of the PCS services by you, we store in our databases certain information regarding your customers and prospective customers, including name, telephone number and/or email address. In some cases individual preferences and requirements will also be maintained as part of the customer or potential customer profile.

From time to time visitors to our websites who are not registered users may request information about our sites and services and provide their name and email address. We collect and retain that information.

Non-Personally Identifiable Information.

Cookies. We may place a text file called a “cookie” in the browser files of your computer (if you or your browser accept the cookie) to collect information about your activity on our websites. The cookie itself does not contain personally identifiable information. A cookie can’t read data off your hard disk or read cookie files created by other sites. You can refuse cookies by turning them off in your browser but if you do, you may not have access to some areas of our websites, or to the personalized features of our websites. You may also set your browser to warn you before accepting cookies.

Log Files. As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data.

How we use Information we gather and track.

Personally Identifiable Information.

We use personally identifiable information that we gather from registered users and store in our databases (whether the personally identifiable information relates to the registered user or any customers or potential customers of the registered user) solely to provide the service and functionality for which registered users subscribe. Under no circumstances do we divulge any personally identifiable information to any other registered user or to any third party. So, for example, we use your personally identifiable information:

To authorize your access to appropriate services, pages, screens and data in our system;

To send promotional materials to your customers and potential customers that you have requested that we send on your behalf;

To communicate with you regarding our sites and services, new services and changes to our sites and services that we may make from time to time;

To provide customer and technical service to you;

To comply with law, or in the good faith belief that such action is necessary to conform to the requirements of law, or comply with legal process served on us, and to protect and defend our rights or property, including our rights and property and our websites, or act in urgent circumstances to protect the personal safety of you and our other visitors; and

To protect against fraud or potential fraud.

We use name and email addresses provided by visitors to our websites who expressly request information from us in order to provide the requested information to them.

Non-Personally Identifiable Information.

We use non-personally identifiable information that we gather and track to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically collected data to personally identifiable information.

We may create aggregate reports on user demographics and traffic patterns for advertisers, sponsors, and partners. This allows our partners to be more effective and allows our users to receive information that is pertinent to their needs.

We will not divulge or share any financial or accounting-related data input by our registered users and stored in our databases to any other registered user or to any third party at any time.

With whom we may share information

We may share, as controller or as processor providing services at the direction of our clients, your personal data to third parties who perform services on our behalf, including our technology providers, payment card processor, administrative personnel and providers and professional advisors.

PCS uses a limited number of third-party service providers to assist us in providing our services to customers. These third party providers assist with the transmission of data and provide data storage services. These third parties may access, process, or store personal data in the course of providing their services. PCS maintains contracts with these third parties restricting their access, use and disclosure of personal data.

PCS does not receive or store credit card information from registered users or their customers. We use either an outside payment (credit/debit card and ACH) processing company or our parent company, Fullsteam Operations LLC for subscription services and for point of sale functionality. The payment processing company does not retain, share, store or use your personally identifiable information for any other purposes, however, we cannot guarantee that there will not be a security breach of the payment processing company.

We may disclose information if we have a good faith belief that disclosure is necessary by law or the legal process, to protect and defend our or others’ interests or property, or to enforce agreements you or our clients enter into with us. PCS may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

We may obtain your written consent from time to time in electronic form by using online agreements or other acknowledgements through our application, including for any other contemplated uses of your personal data not addressed in this Privacy Policy. Please read all online agreements carefully before accepting them.

In the event PCS goes through a business transition, such as a merger, acquisition by another company, or sale of all or substantial portion of its assets, your personally identifiable information will likely be among the assets transferred.

Security of the information.

We follow generally accepted industry standards to protect the personally identifiable information as well as the financial data submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

If we learn of a breach of our security system or processes, we may attempt to notify you electronically so that you can take appropriate protective steps. By using our websites, or providing personally identifiable information to us through them, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our websites. In the event of a breach, we may post a notice on our websites and/or send you an email at the email address you provided.

Storage of Information

We retain the personal data we collect for so long as reasonably necessary to fulfill the purposes for which the data was collected, to perform our contractual and legal obligations, and for any applicable statute of limitations periods for the purposes of bringing and defending claims.

Your rights and choices

We communicate with our registered members on a regular basis via email. For example, we may use your email address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Users can opt-out of all email communications from PCS by contacting us. We will process your unsubscribe request as soon as possible, but please be aware that in some circumstances you may receive a few more messages until your request is processed. You also may opt-out of receiving such emails by clicking on the "unsubscribe" link within the text of the applicable email.

You may contact us at the address set forth at the end of this Privacy Policy.

Third-Party Websites and Advertisers

Our websites may contain links to third-party websites. While we endeavor to work with third-parties that share our respect for user privacy, we are not responsible for the websites or privacy practices of such third-parties. We may also use third-party advertisers, ad networks, and other advertising, marketing, and promotional companies, to serve advertisements on our websites. Such third parties may gather information about your visit to our websites or other websites, monitor your access to or market products or services to you, monitor the ads you view, click-on, or interact with, when they were delivered, and the screens and pages that they are on.

We do not endorse these parties, their content, or any products and services they offer. You are responsible for knowing when you are leaving our website to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third party.

California Residents – Your Privacy Rights

California Information-Sharing Disclosure

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy statement) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in our privacy policy statement, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting-in to receive information from a third party. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt-in to such use when you provide personal information on our website. Please note that whenever you opt-in to receive future communications from a third party, your information will be subject to the third-party's privacy policies and practices. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policies and practices of any party that collects your information to determine how that PCS will handle your information.

California customers may request further information about our compliance with this law by e-mailing pcscompliance@agilesoftware.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

California Do Not Track Disclosure:

Our websites do not respond to “do not track” browser signals. Depending on the browser you are using, you may be able to choose to block third party cookies or browse in a private browsing mode. Our websites are accessible even when private browsing is turned on. The information we collect is governed by this Privacy Policy.

California Consumer Additional Information under California Consumer Privacy Act of 2018 (“CCPA”)

You will not receive discriminatory treatment by us for exercising your privacy rights conferred on you by the CCPA.

You have certain additional rights regarding your personal information, pursuant to California law. These include the rights to:

  • receive a list of the categories of personal information we have collected about you;
  • receive a list of the categories of sources from which your personal information was collected;
  • receive a list of the categories of your personal information that we have disclosed for a business purpose;
  • receive a list of the categories of third parties to whom your personal information was disclosed for a business purpose;
  • know the business or commercial purpose for collecting your personal information;
  • receive a list of specific personal information we collected and for what purposes;
  • have your personal information deleted by us and direct our service providers to delete your information. However, it may be retained pursuant to an allowed exception if applicable;
  • know if personal information was collected from sources other than from you and the categories of sources from which the information was obtained; and
  • receive your personal information in a useable electronic format and transmit it to a third party (right to data portability).

Please submit your request for information or deletion of information concerning you as noted below. In order to provide you with your requested information or to delete the information which we have concerning you, we must be able to verify that you are the person requesting the information or deletion. With your request please provide at least two items of information which you have previously provided to us for us to use for verification of your identity. If this is not sufficient, we will contact you for additional means of verification.

You may designate an authorized agent to make a request for you. If your agent has a power of attorney pursuant to California Probate Code sections 4000 to 4465, please provide proof to the same. If your agent does not have a power of attorney pursuant to California Probate Code sections 4000 to 4465, we will require you to provide the authorized agent written permission to make the request, verify your own identity directly with us and require your agent to submit proof that they are authorized by you to act on your behalf.

For information concerning you or for deletion of information concerning you, please email ccpa@fullsteam.com or request by mail addressed to:

Fullsteam Operations LLC
Attn. Compliance CCPA
197 East University Drive
Auburn, AL 36832

Contact Information

If you have any questions or suggestions regarding our Privacy Policy, please contact us:

By email: pcscompliance@agilesoftware.com

Address: Party Center Software, LLC.
                 Privacy Office
                 1010 Camerado Dr, Suite 206,
                 Cameron Park, CA 95682  

Phone: +1 888-804-1166
https://www.partycentersoftware.com/

_________________________________________________________________________________________________

SERVICES AGREEMENT
TERMS OF USE

 Party Center Software, LLC, a Delaware limited liability company (“PCS”, “we” or “our”) owns and operates the Internet websites, pages and services accessible at many sites including but not limited to PartyCenterSoftware.com, pcsparty.com, cinemapartysoftware.com, agilesoftware.com, PCSparty.com, PCSonline.com and agilecapacity.com ( “Sites”) exclusively for our registered customers (“Customer,” “User,” “you” or “your”).

EITHER BY USING THE SERVICE, CLICKING A BOX INDICATING YOUR ACCEPTANCE OR ACCESSING THE WEBSITE, YOU AGREE TO ACCEPT THE TERMS OF USE (“TERMS”) OF THIS AGREEMENT (“AGREEMENT”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SERVICES. PLEASE DO NOT USE THE SITE IF YOU HAVE NOT REACHED THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE.

Ownership and Services

All right, title and interest to all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials on the Sites (“Content”) (including all copyrights, trademarks, patent rights and other intellectual property rights) on the Sites and all information contained therein is and shall remain the sole property of PCS and its licensors, as applicable.  PCS provides small and medium sized businesses and organizations a variety of tools and resources to help facilitate customer relationship management, point of sale, inventory bookings, customer invoicing, online event booking, facility management, vendor management and employee management (“Services”). PCS operates many Sites to provide access to online subscriptions for its Customers and website users. Additional terms and conditions applicable to specific portions of these Sites or to particular content or transactions are posted in the Sites and, together with these Terms, govern your use of those portions, content or transactions.

Restrictions and Responsibilities

You may not, directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software.

Disclaimers

You acknowledge that PCS does not own, operate or manage the Internet; communications on the Internet may not be secure and may be subject to interception or loss; and certain content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. Accordingly, you agree that you must evaluate, and bear all risks associated with, your use of the Sites or of all content, including any reliance on the accuracy, completeness, or usefulness of such content (whether originating with PCS or otherwise). PCS does not guarantee continuous, uninterrupted or secure access to the Sites, and operation of the Sites may be interfered with by numerous factors outside of our control.

PCS respects the intellectual property rights of third parties. In the event that you have a good faith belief that your copyrights have been violated by the use or display of certain content within the Platform, it is our policy to investigate and promptly undertake efforts to resolve the issue. To notify us regarding an alleged copyright violation, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed, and information reasonably sufficient to permit us to locate the material; (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (iv) a statement that you have 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 (v) 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 infringed. For this notification to be effective, you must provide it to PCS’s designated agent at:

Party Center Software, LLC
C/O Fullsteam Operations LLC
Attn: Ed Graf
197 East University Drive
Auburn, AL 36832

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Disclaimer of Warranty

THESE SITES AND ANY CONTENT OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS AND PCS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PCS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Limitation of Damages

 IN NO EVENT SHALL PCS OR ANY OF ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OTHER MATTER RELATING TO THIS SITE, OR (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO PCS (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF PCS), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF PCS. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THIS AGREEMENT ARE EXCLUSIVE AND YOU ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR HEREIN. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PCS’S CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PCS IN THE THREE (3) MONTH PERIOD PRIOR TO THE DATE OF THE INCIDENT GIVING RISE TO THE LIABILITY.  

Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.

Modifications

The Internet and these Sites are constantly evolving. We reserve the right to change or modify this Agreement or to impose new conditions with respect to your use of these Sites at any time and from time to time. We also have the right at any time to change, substitute, modify, add or discontinue any aspect of or feature of the Sites, including but not limited to content, functionality, and means of access or use. Such changes, substitutions, modifications, additions or discontinuances shall be effective immediately upon notice to you, which may be given by posting in this Agreement or elsewhere on the Sites, electronic mail, or any means by which you obtain actual knowledge.

Downloading Files

PCS cannot and does not guarantee or warrant that files available for downloading through the Sites will be free of infection by software viruses or other harmful computer code, files or programs.

Software

Any software available for download via the Sites is the copyrighted work of PCS and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement associated with that specific software.

Indemnification.

You agree to indemnify and hold PCS, its owners, affiliates, directors, officers, agents, subcontractors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (i) User materials submitted, posted to or transmitted through the Site by you or your authorized user, (ii) any breach of this Agreement by you or your authorized user, or (iii) any violation of any rights of a third party caused by you or your authorized user. For purposes hereof, “your authorized user” means you or any person or entity using your account (x) with your permission, (y) as a result of your failure to adequately protect your account password, or (z) as a result of your failure to immediately notify PCS of any unauthorized use of your password or account or any other breach of security.

Taxes.

You are solely responsible for and agree to pay, indemnify, and hold PCS harmless from any and all sales, use, communications, excise, or similar tax or duty, and any other tax not based on PCS’s net income, including penalties and interest and any associated professional fees, and all other imposts levied upon or chargeable with respect to the use, license, sale, or delivery of the services or other deliverables in respect of this Agreement, and any costs associated with the collection or withholding of any of the foregoing items.

User Conduct

You agree (i) to use the Sites only for lawful purposes, (ii) not to take any action that might compromise the security of the Sites, render the Sites inaccessible to others or otherwise cause damage to the Sites or the Content, (iii) not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you, (iv) not to use the Sites in any manner that might interfere with the rights of third parties.

Unsolicited Idea Submission Policy

PCS or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should PCS’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to PCS or anyone at PCS. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of PCS, without any compensation to you; (2) PCS will have no obligation to return your idea to you or respond to you in any way; (3) PCS will have no obligation to keep your idea confidential; and (4) PCS may use your idea for any purpose whatsoever, including giving your idea to others. However, PCS does welcome feedback regarding many areas of PCS’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Sites. Any feedback you provide shall be deemed provided under the terms above.

Password Security

You (i) must keep your passwords secure and confidential, (ii) are solely responsible for all activity in your account, (iii) must use commercially reasonable efforts to prevent unauthorized access to your account and notify us promptly of any unauthorized access. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to meet or exceed industry standards in the creation, protection and rotation of your passwords and online identities.

Miscellaneous Provisions

Entire Agreement/No Waiver. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by PCS of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. PCS reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. PCS does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

Notice. Any notices or requests that may be given or made pursuant to this Agreement must be in writing and delivered personally, by registered or certified mail, postage prepaid, by a recognized overnight delivery service or by facsimile, which shall be deemed received upon confirmation of receipt in legible form to the parties hereto.

No Agency. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind PCS in any manner or respect whatsoever.

Severability. You agree that if any provision of this Agreement is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to applicable principles of conflicts of law to the extent that the application of the laws of another jurisdiction would be required thereby. In case of any dispute related to this Agreement, the parties agree to submit to personal jurisdiction in the State of Delaware.  Furthermore, the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of any court of the State of Delaware or any federal court sitting in the State of Delaware for purposes of any suit, action or other proceeding arising out of this Agreement.  THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, SUIT OR OTHER PROCEEDING ARISING OUT OF OR RELATING TO THE TERMS, OBLIGATIONS AND/OR PERFORMANCE OF THIS AGREEMENT. Use of this Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of this Agreement, including without limitation this paragraph. You may preserve this Agreement in written form by printing for your records, and you waive any other requirement that this Agreement be evidenced by a written document.

Assignment. You may not assign this Agreement or resell the right to use the Services without our prior written consent. We may assign or subcontract this Agreement at any time. This Agreement will be binding upon and inure to the benefit of all of our successors and assigns, which will be bound by all of the obligations of their predecessors or assignors.

Force Majeure. PCS will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond PCS’s reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

 

 

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Do you have questions or comments?

Please submit them to the PCS Privacy Office by mail or e-mail as follows:

Fullsteam Operations LLC
Attn. Compliance CCPA
197 East University Drive
Auburn, AL 36832

Email: ccpa@fullsteam.com

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