PRIVACY POLICY

This Privacy Policy explains how the Professional Services Council (“PSC”) may collect, use, and safeguard information on pscouncil.org, mobile websites, microsites, mobile applications, PSC profiles on PSC social media sites and any other digital services and platforms officially operated or used by PSC from time to time (the “Sites” or “Services”).

I.  Changes to the Privacy Policy
As PSC, its membership and services change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason.
The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.

II.  Information We Collect
1.  Personally Identifiable Information: We may collect information (whether online, by phone, or by paper) that identifies you (“Personally Identifiable Information”) when you provide such information on our Sites, apply or register for PSC’s events, or otherwise interact with PSC, including, but not limited to: applying for membership, registering for a PSC event or program, or purchasing any other Professional Services Council services. The types of Personally Identifiable Information collected may include your name, address, phone number, birth date, billing and delivery information, Email address, credit card, or other financial account information.
2.  Non-Personal Data: As you interact with our Sites, we may also collect information about your browsing history or certain other information that is not Personally Identifiable Information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address, and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites.
Cookies may be placed by us or third party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of non-personal data collected on our Sites through the use of these, and other tools as PSC may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to Sites and elsewhere on the Internet including, but not limited to, your industry, company size, job function, seniority level, etc.)(collectively, all of the foregoing data the “Non-Personal Data”).

III.  How We Use and Share Personally Identifiable Information
Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to:
·       Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages
·       Respond to your emails or online requests for products, services, or information
·       Deliver and process surveys
·       Personalize and improve the usability of the Sites
·       Fulfill and/or deliver PSC’s services
·       Publish membership directories and registration lists as described below
·       Tailor content, advertising and marketing to you
  ·       Share your email address as permitted under PSC’s Email Policy as described below
  ·       We do not share personal data (phone numbers) and consent with third parties / affiliates or partners.
  ·       Publication of Your Personally Identifiable Information for Membership Directories and Registration Lists. To allow other members and possibly the public to find you, the Personally Identifiable Information we receive may be published on the Sites and other print or digital media, in a variety of ways, including, but not limited to, directories, membership lists, and other types of registration lists for PSC’s programs and events (“Directory Lists”). Directory Lists will not include sensitive information, such as credit card or bank information, or social security numbers. Users may request their information be suppressed from Directory Lists by contacting us.
·     Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. This information is never sold, rented, released, or traded to others without prior consent or legal obligation. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests. We do not share personal data (phone numbers) and consent with third parties / affiliates or partners. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. 
·       Sharing Your Personally Identifiable Information When Legally Necessary or to Protect PSC’s Interests. PSC may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on PSC; (b) protect and defend the rights or property of PSC; or (c) protect the personal safety of PSC personnel or members of the public in appropriate circumstances. In addition, if PSC and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if Professional Services Council undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.

IV.  How to Manage the Sharing of Your Personally Identifiable Information
You can manage your profile and e-mail preferences, including opting out of e-mail either online or by contacting us. We do not share personal data (phone numbers) and consent with third parties / affiliates or partners. Additionally, if you prefer to receive mailings only from PSC and have your name and address removed from the list we provide to certain companies, please contact us. For California residents, please consult the “Your California Privacy Rights” for additional considerations.

V.  How We May Use Non-Personal Data
Through the use of various technological tools, we may collect Non-Personal Data to improve the usability of our Sites/Services and for other business reasons. We may share the Non- Personal Data we collect with third parties or permit third parties to place tools like cookies, tags and web beacons, to collect additional Non-Personal Data when you browse our Sites. We or other third party companies may then use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not share Personally Identifiable Information with third parties. Please note that you may be subject to the privacy policies of other non-PSC companies when you select a link that takes you to sites not operated by PSC. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

VI.  How You Can Manage the Collection of Non-Personal Data.
Third party advertising companies may collect data about your visit to our Sites and others to provide you more relevant advertising here and elsewhere on the Internet. This type of advertising is known as Online Behavioral Advertising. You can stop this collection and use of data for these purposes by companies participating in the Digital Advertising Alliance (“DAA”) by visiting the “Opt Out From Online Behavioral Advertising” website. By opting out, the ads you see may be less relevant, and you may still continue to see other non-targeted advertisements on our Sites and elsewhere.

VII.  California Privacy Rights
In addition to the rights as explained in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in 2018 will receive information about 2017). To obtain this information please write to us at: Professional Services Council, 4401 Wilson Blvd, Suite 1110, Arlington, VA 22203. Attn: PSC Member Privacy— California Privacy Law. Please include your full name and address.

VIII.  Canada Anti-Spam Law (CASL)
PSC complies with CASL. Non-PSC Members who have provided us a Canadian mailing address will not receive unauthorized Commercial Electronic Messages (CEMs as defined under CASL) unless these individuals have opted-in to receive CEMs.

IX.  Children
We do not knowingly collect personal data online from or market online to children under the age of 13.

X.  Information Security
PSC implements commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for Directory Lists and the sharing of information as set forth in this Privacy Policy, we restrict access to personal information to certain companies who may need to know that information in order to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

XI.  Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, while using our best efforts, PSC cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us.

XII.  User ID and Password
Certain areas of the Sites may require the use of a user ID, email address, or password as an additional security measure that helps protect your information. To help you protect your privacy, the PSC Sites have tools to help you log in and log out.

XIII.  Linking to Other Internet Sites
You should be aware that other Internet sites that are linked from the Sites or from a PSC email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

XIV.  How You Can Access and Change Information
If you are a registered user of the Site, subscriber to PSC publications, purchaser of PSC services, or a PSC member, you may review and update/correct your information directly on PSC’s website — pscouncil.org — or by contacting us.


COPYRIGHT AND INTELLECTUAL PROPERTY POLICY

1.  All materials contained on the PSC’s Websites as defined in the Terms of Use are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed,


published or broadcast without the prior written consent of PSC or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content. You may, however, download material from PSC Websites one machine readable copy and one print copy per page for your personal, non- commercial use only.

2.  Links to websites other than those owned by PSC are offered as a service to our users. PSC was not involved in their production and is not responsible for their content. For further information, see Terms of Use.

3.  It is PSC’s policy in appropriate circumstances and at its discretion to disable and/or terminate the accounts of users who may be repeat infringers of the copyright and intellectual property rights of others.

4.  Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PSC’s Copyright Agent the following information:

·       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

·       a description of the copyrighted work or other intellectual property that you claim has been infringed;

·       a description of where the material that you claim is infringing is located on the PSC site;

·       your address, telephone number, and email address;

·       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND

·       a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

5.  PSC’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

PSC

Attn: General Counsel

4401 Wilson Blvd Suite 1110

Arlington, VA 22203

Phone Number: 703-875-8059

Any reprint or permission requests to use any PSC publications and materials must be in writing to the following email address: policy@pscouncil.org.


TERMS OF USE

 

By accessing or using any of the Professional Services Council (“PSC”) Internet properties including, without limitation, pscouncil.org, mobile websites, microsites, mobile applications, PSC profiles on social media sites and any other digital services or properties operated or used by PSC from time to time (collectively referred to as the “Sites”) you agree to comply with and be bound by these Terms of Use (“Terms of Use”). Please read these Terms of Use carefully as well as PSC’s privacy policy. If you do not agree to the Terms of Use, and the Privacy Policy, you must immediately terminate use of the Sites.

1.  License Grant. You are granted a personal, revocable, limited, non-exclusive, non- transferable license to access and use the Sites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the Sites and the PSC Content (as defined in paragraph 9 below), for your noncommercial personal use and for no other purpose. PSC reserves the right to bar, restrict or suspend any user’s access to the Sites, and/or to terminate this license at any time for any reason. PSC reserves any rights not explicitly granted in these Terms of Use.

2.  License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive PSC’s prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the Sites, any PSC’s Content (as defined in paragraph 9 below), or any portion thereof. Further, you may not (i) use the Sites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the Sites, including PSC’s Content; (ii) interfere with the proper working of the Sites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interfere with any other person’s use and enjoyment of the Sites.

3.  Your Acceptance; Revisions to Terms of Use. The Sites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and PSC regarding your use and access to the Sites. By using the Sites you agree to the Terms of Use.

PSC reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the Sites. Your use of the Sites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the Sites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which you had actual notice on or before the date of any such revision.


4.  PSC’s Policies; Additional Terms and Conditions, PSC Privacy Policy as well as other additional terms and conditions applicable to certain portions of the Sites (collectively “Additional Terms and Conditions”) are incorporated herein by reference. For instance, the Terms of Use for Sites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

5.  Click-Through Agreements. Before using certain areas of the Sites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked “I Accept” “I Agree” “Okay” “I Consent” or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate; the Click-Through Agreement will govern.

6.  Personal Login Information. Certain features and areas of the Sites are available only with a registration or login, such as PSC Member record number, and/or a paid subscription. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. PSC is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact PSC immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7.  Privacy Policy. For information about PSC’s data protection practices and PSC’s use and protection of your personal information, please read PSC’s Privacy Policy, which is incorporated into and made a part of these Terms of Use.

8.  User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Sites and not interfere with the use and enjoyment of the Sites by other users or with PSC’s operation and management of the Sites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Sites, including, without limitation, information required to be provided through a PSC Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, PSC reserves the right to terminate your access and use of the Sites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Sites, or defame or otherwise harm any party through your use of the Sites.

In addition you also agree that you will not use our Services to:


(a)  upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b)  upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(c)  upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(d)  upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(e)  upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

(f)  intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law.

9.  Proprietary Rights. The content of the Sites includes, without limitation, (i) PSC’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other

distinctive identification (collectively “PSC’s Marks”); (ii) information, data, materials, interfaces, computer code, databases products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (the items identified in subsections (i) (ii) (iii) shall be collectively referred to herein as “PSC’s Content”). PSC’s Content is the property of PSC, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any PSC’s Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from PSC or the owner of such content if PSC is not the owner. For reprints, contact PSC. Any use of the PSC’s Marks without PSC’s express written consent is strictly prohibited.

You may not alter, delete, obscure or conceal any copyright or other notices appearing in the PSC’s Content, including any such notices appearing on any PSC’s Content you are permitted to download, transmit, display, print, or reproduce from the Sites.


10.  Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the Sites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, PSC does not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network. PSC shall not be obligated to correct or update the Sites or the PSC’s Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the Sites.

11.  No Legal Advice and Disclaimer as to Accuracy of Information. The information on the Sites and PSC’s Content are for informational purposes only and is not legal advice or a substitute for legal counsel.

The information contained in the Sites and PSC’s Content may or may not reflect the most current legal developments; accordingly, information on the Sites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the Sites or the PSC’s Content should be used as a substitute for advice of competent counsel. The materials on the Sites and PSC’s Content do not constitute legal advice and do not necessarily reflect the opinions of PSC.

12.  Third Party Information. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of PSC or its affiliates. PSC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

13.  Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement. PSC respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the PSC’s Copyright Agent the following information:

(a)  an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)  a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c)  a description of where the material that you claim is infringing is located on the site;

(d)  your address, telephone number, and email address;

(e)  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and


(f)  a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The PSC’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached by mail to:

Professional Services Council Attn: General Counsel

4401 Wilson Blvd

Suite 1110

Arlington, VA 22203

14.  Advertisers. The Sites may contain advertisements. The inclusion of advertisements on the Site does not imply endorsement of the advertised products or services. PSC shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Sites. Further, PSC shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Sites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

15.  Links to Third Party Websites. The Sites may provide links (including any link through an on- line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which PSC exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the Sites, you do so entirely at your own risk.

16.  Links to Websites, Content, Sharing of Content. Links posted by third parties to the Sites and/or PSC’s Content may not use the PSC trademark or logo and shall not suggest that PSC promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the Sites shall be the responsibility of the linking party. PSC reserves the right to require any linking party to disable or remove any link that violates PSC’s policies, rights or causes interruption or deterioration of PSC’s Content.

17.  Sharing of Content. You may download, copy or embed PSC’s Content and other downloadable items displayed on the Sites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any PSC’s Content for other than personal use is expressly prohibited without prior written consent from PSC, or the copyright holder identified in the copyright notice contained in the PSC’s Content. PSC reserves the right to require any party sharing PSC’s Content to disable or remove the PSC’s Content should its use violate PSC’s policies, rights or causes interruption or deterioration of PSC’s Content.


18.  Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER PSC, ITS' AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY “PSC PARTIES”)

PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE SITES OR PSC’S CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (iv) PSC’S CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE SITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

19.  Exclusion of and Limitation of Liability. PSC PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE SITES AND/OR ANY OF PSC’S CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE SITES AND/OR PSC’S CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; (vii) FROM ANY DELAY OR FAILURE OF THE SITES ARISING OUT OF CAUSES BEYOND PSC’S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, PSC’S CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE SITES (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE SITES OR PSC’S CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE SITES AND/OR THE PSC’S CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT PSC HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

20.  Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED


TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN PARAGRAPHS 18 AND 19 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND PSC’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

21.  Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the PSC Parties from and against all claims arising from or in any way related to your use of the Sites and/or PSC’s Content, a violation by you of these Terms of Use, or any other actions connected with your use of the Sites and/or PSC’s Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney’s fees. PSC will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Paragraph except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to PSC Parties other than under this paragraph.

Term and Termination. These Terms of Use will take effect at the time you begin using the Site. PSC reserves the right, with or without notice, at any time and for any reason, to deny you access to the Sites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the PSC’s Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the Sites, including any of PSC’s Content, in your possession.

Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Arlington, Virginia. All submissions to the arbitrator, the proceedings and the award shall be confidential. The

arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of Arlington County, Virginia shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING

ARISING OUT OF OR RELATED TO THESE TERMS OF USE. PSC reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration


provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in Arlington County, Virginia.

22.  Governing Law. These Terms of Use and all matters regarding your use of the Sites shall be governed by, construed in accordance with, and enforced under the laws of the Commonwealth of Virginia without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

23.  Waiver and Severability. The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

24.  Complete Agreement. These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and PSC relating to the Sites and its use by you, and supersedes any previous written or oral communication regarding use of the Sites. The Sites are intended to be consistent with and in furtherance of PSC’s policies.

25.  Contact Information. If you have any questions or concerns regarding these Terms of Use or

the Sites, please visit our “Contact Us” page.

26.  Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one (1) year after such claim or cause of action arose or will be forever barred.

27.  Use of Websites and Content outside of the United States. PSC makes no claims regarding access or use of the Sites or the PSC’s Content outside of the United States. If you use or access the Sites or the PSC’s Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of that jurisdiction as well as these Terms of Use.

28.  PSC provides opportunities for user interaction within its Sites and social media profiles on sites such as Facebook, Twitter, Instagram, LinkedIn, YouTube and various blogging sites. On those social media profiles, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views or content contained therein. PSC is not responsible for content or links posted by others.

29.  User Generated Content. We welcome your views, comments and other communications, pictures, trackback URLs, or videos on our Sites which may include discussion boards, blogs and


other services that allow users to provide feedback, comment or content (“User Content”). By contributing User Content to any of the Sites or social media platforms, users understand and acknowledge that this information is available to the public and grant PSC a nonexclusive license to display, reproduce, transmit, modify such User Content and that PSC may use the User Content for internal and external marketing purposes. You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact the PSC’s Copyright Agent as identified in these Terms of Use. PSC does not approve, endorse, or adopt any User Content, and PSC assumes no liability for any User Content submitted by you or others. You agree to indemnify PSC against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via these sites used, published, copied and/or reprinted, should not post on any of the sites or social media platforms. Please note that other participants may use posted information beyond the control of PSC. All user content is read at your own risk, and PSC recommends that you not rely on the information or advice in any of these postings.

30.  PSC retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. PSC also retains the right to ban or block a user from posting on PSC sites or social media platforms without notice for a pattern of inappropriate postings or as it deems necessary.

31.  You acknowledge, consent and agree that PSC may access, preserve and disclose your account information and the User Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary in the sole opinion of PSC to: (a) comply with legal process; (b) enforce the terms of use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.

32.  Other Terms of Use/Services. On sites not operated by PSC, you are also subject to the Terms of Service (TOS) of that host site. Information (comments, photos, videos, etc.) you share with or post to PSC’s social media platforms is also subject to the TOS of the host site and may be used by the owners of the host site for their own purposes under the host site’s TOS. For more information, consult the host website’s TOS.

This Terms of Use is subject to amendment or modification at any time.

Last updated on August 6, 2018