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WEB SITE TERMS AND CONDITIONS


 

Last Revised: June 20, 2016


 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEB SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR WEB SITES.

 

These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, our websites (the “Site”) of PCSing Inc. /PCSing (PCSing.com).  These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with PCSing, Inc. or PCSing.com or its affiliates, for products, services or otherwise.  If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you, PCSing Inc. and PCSing.com for violations of these Terms.

 

Except as otherwise provided below, PCSing, Inc. (PCSing.com) reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, or sites at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions of the Site, which will be indicated by a new revision date upon posting. Your continued use of this Site following the posting of its changes and modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using our Site.

 

If you have any questions or comments regarding the Site or its contents, please send an email to: Info@PCSing.com.

 

1. Privacy Policy; Payment Policy

 

    Please refer to our Privacy Policy for information on how PCSing Inc. /PCSing.com personally identifiable information from its users. You acknowledge and agree that credit card transactions conducted on our Site may be processed using a third party vendor of PCSing, Inc./PCSing.com choice, such as PayPal, and in connection with such transactions your card account and personal information will be transmitted to such third party vendor. By submitting your credit card information in connection with a payment transaction, you authorize PCSing.com/PCSing Inc. or such third party vendor to charge your card for the amount indicated and agree to pay such amount pursuant to your card agreement.

 

2. Compliance with Laws; Listing and Interactive Services

 

    You agree to comply with all applicable laws in your use of our Site and any services made available through the Site, including and without limitation any fair housing, equal rights or opportunity, or other laws prohibiting discrimination.  You agree not to post, email, or otherwise make available any text, images, videos, or other content on or through the Site that is offensive, inappropriate for general audiences, intended to facilitate illegal or harmful conduct, or otherwise irrelevant or inappropriate for the Site.  This includes any content that is threatening, harassing, abusive, discriminatory, defamatory, libelous, invasive or another privacy or rights of publicity of a sexual or violent subject matter, infringing of a third party’s intellectual property or other proprietary rights, unsolicited by the recipient, false or misleading, deceitful, designed to lure or harm others, or illegal. You further agree not to use any information obtained on or through the Site for any unlawful purposes.

 

    PCSing.com/PCSing Inc. and its affiliates takes no responsibility and assumes no liability for any listings or other information or content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PCSing.com/PCSing Inc. and its affiliates liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. YOUR USE OF THE SITE IS AT YOUR OWN RISK.  As a provider of Relocation Information Services, PCSing Inc./PCSing.com is not liable for any statements, representations or third party in any public forum, listing, or solicitation, or other communication facilitated between you and a third party.  Although PCSing Inc./PCSing.com has no obligation to screen, edit or monitor any of the content you post, PCSing Inc./PCSing.com reserves the right, and has absolute discretion, to remove, screen or edit any content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Site at your sole cost and expense.  Any use of the Site in violation of the foregoing violates these Site Terms and may result in among other things, termination or suspension of your rights to use the Site or any features of the Site or Sites in our networks.  In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect PCSing Inc./PCSing.com systems and customers, or to ensure the integrity and operation of PCSing Inc./PCSing.com business and systems, PCSing Inc./PCSing.com may access and disclose any information it considers necessary or appropriate, including and without limitation, user profile information (i.e. name, email address, etc.) IP addressing and traffic information, usage history, and posted content. PCSing Inc./PCSing.com right to disclose any such information shall govern over any terms of PCSing Inc./PCSing.com Privacy Policy.

 

    If you post content to the Site, unless we indicate otherwise, you grant PCSing Inc./PCSing.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content throughout the world in any media.  You grant PCsing Inc./PCSing.com and its affiliates and sublicense the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you post or you otherwise have the right to post such content to the Site; (b) such content is accurate and not misleading;  (c) by advertising your FSBO or for Rent listing on our site.  You agree to allow our affiliate partner Certified Military Relocator Agent/Broker to contact you to assist in a Comparative Market Analysis for your home; (d) You also agree that our affiliate partner Certified Military Relocator Agent/Broker may contact you from your future base/post to assist in your house hunting needs and; (e) use and posting of the content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

 

3. Copyright and Limited License

 

    Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including and without limitation, the PCSing.com Logo, and all designs, text, graphics, maps, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are proprietary property of  PCSingInc. or its licensors or users and are protected by U.S. and international copyright laws.

 

    You are granted a limited, non-licensable license to access and use the Site and electronically copy (except where indicated it is prohibited) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of PCSing Inc./PCSing.com and its affiliates is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including and without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly states herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

4. Repeat Infringer Policy

    

    PCSing Inc./PCSing.com has adopted a policy of terminating, in appropriate circumstances and at PCSing Inc./PCSing.com sole discretion, subscribers or account holders who are deemed to be repeat infringers.  PCsing Inc./PCSing.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

5. Copyright Complaints

 

    If you believe that anything on our Site infringes upon your copyright which you own or control, you may file a notification of such infringement with our Designated Copyright Section as set forth below.

 

Name of Agent Designated to Receive Notification of Claimed Infringement:  Copyright Section

 

Full Address of Designated Agent to Which Notification Should Be Sent:

 

Copyright Section

1923 Lejeune Blvd.

Jacksonville NC 28546

 

Facsimile Number of Copyright Agent: 910-938-1954 Attn: Copyright Section

 

Email Address of Designated Agent: info@PCSing.com

 

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

 

6. Trademarks

 

    The word PCSing® is a trademark owned and operated by PCSing Inc. along with its slogan “Depend On Use To Guide You Home”©, logos, and any other product or service name or slogan contained in the Site are trademarks of PCSing Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PCsing Inc. or the applicable trademark holder.  You may not use any Meta tags or any other “hidden text” utilizing “PCSing.com”, PCSing®, or any other name, trademark, product or service name owned by PCsing Inc. without our prior written permission.  In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark PCSing Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


 

7. Hyperlinks

 

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray PCSing Inc./PCSing.com or any of its products and services, or any users, properties, listing, agents, advertisements or advertisers in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited right may be revoked at any time. You may not use PCSing.com or other proprietary graphic of PCsing Inc. to link to this Site without the express written permission of PCSing Inc./PCSing.com. Further, you may not use, frame or utilize framing techniques to enclose any of PCSing Inc. trademarks, logos, or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page from contained on a page on the Site without PCSing Inc./PCSing.com express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PCsing Inc./PCSing.com or any third party.

 

    PCSing Inc./PCSing.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site or Web sites linking to the Site.  Such sites are not under the control of PCSing Inc./PCSing.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.  PCSing Inc. /PCSing.com provides these links to you only as a convenience, and the inclusion of any link does not imply affliction, endorsement or adoption by PCSing Inc./PCSing.com or any information contained therein.  When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or our affiliates.


 

8. Third Party Content

 

    PCSing Inc./PCSing.com may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information.  PCSing Inc. / PCSing.com does not monitor or have any control over any Third Party Content or third party Web sites.  PCsing Inc./PCSing.com does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  PCSing Inc. / PCSing.com does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.


 

9. Listings, Advertisements and Promotions

 

    PCSing Inc./PCSing.com permits certain third parties, including other users and Certified Military Relocator (CMR) property and rental listings, advertisements and promotions on the Site. Your business dealings or correspondence with, or participation in promotions of, such advertisers other than PCSing Inc./PCSing.com, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  PCSing Inc./PCSing.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealing or as the result of the presence of such advertisers on the Site.

 

10. Submissions

 

    You acknowledge and agree that any materials (including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information) regarding the Site, PCSing Inc./PCSing.com or its affiliates or any products or services that are provided by you in the form of email or other submissions to PCSing Inc. /PCSing.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without the acknowledgement or compensation to you.

 

11. Indemnification

 

    You agree to defend, indemnify and hold harmless PCSing Inc./PCSing.com, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any content you post, store or otherwise transmit on or through the Site (“User Content”) or your use of or inability to use the Site, including and without limitation any actual or threatened suit, demand or claim made against PCSing Inc./PCSing.com and/or its independent contractors, Certified Military Relocators, service providers, employees, directors, advisors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

 

12. Disclaimers

    

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PCSING, INC., THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTIONS THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PCSING INC.  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, USER CONTENT AND OTHER SITE MATERIALS IN THE SITE. PCSING, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OF THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PCSING INC.  DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

    PCSING INC./PCSing.com IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, DESCRIPTIONS AND OTHER TEXT, MAPS, DIAGRAMS OR PHOTOGRAPHY. WHILE PCSING, INC. ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, PCSING INC./PCSing.com CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

 

    PCSing Inc./PCSing.com reserves the right to change any and all content contained in the Site or sites belonging to PCSing Inc. and any Services offered through the Site at any time without notice. Reference to any products, services, properties, property managers, brokers, listings, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PCSing Inc./PCSing.com.

 

    This Site is not a website of the United States Government or any other government or governmental entity, and PCSing Inc./PCSing.com and this Site are neither affiliated with nor endorsed by the United States Military or Department of Defense.

 

13. Limitation of Liability

 

    IN NO EVENT SHALL PCSING INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, OR THE USER CONTENT OR OTHER SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING AND WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PCSING INC./PCSing.com, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF PCSING INC./PCSing.com, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PCSING INC./PCSing.com RECORDS, PROGRAMS OR SERVICES.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PCSING INC./PCSing.com, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PCSING INC./PCSing.com FOR ACCESS TO OR USE OF THE SITE.

 

14. Applicable Law and Venue

 

    These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of North Carolina, applicable to agreements made and to be entirely performed within the State of North Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Onslow County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

 

15. Termination

 

    Notwithstanding any of these Site Terms, PCSing Inc./PCSing.com reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.

 

    Listings for FSBO and for Rent will run for 60, 90 and 180 consecutive days and can be extended on consecutive 30-day terms at no additional charge thereafter until your property is rented or sold.

 

16. Severability


    If any provision of our Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.