Terms & Policies
Effective date: Mar 2021
For further information about this Cookie Statement, please contact: firstname.lastname@example.org.
WHAT IS A COOKIE?
Cookies are small data files that are stored by the web browser (for example, Chrome, Internet Explorer, or Safari) on your computer, mobile device, tablet, or other internet-enabled device. Cookies allow a web server to transfer data to a device for recordkeeping and other purposes. They allow websites to store things like user preferences. You can think of cookies as providing a ‘memory’ for the website, so that it can recognize you when you come back and respond appropriately.
WHAT IS A WEB BEACON?
Web beacons, such as clear GIFs, web bugs, tracking pixels, or pixel tags, are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We facilitate our clients’ ability to learn more about your interest in their campaigns at their request through their use of these web beacons on our Sites. In many instances, these technologies are reliant on cookies to function properly. As a result, declining cookies will impair their functioning.
HOW ARE THESE TECHNOLOGIES USED?
All of these technologies perform important and useful functions. Namely, they:
- make it possible to provide personalized pages for visitors;
- help website owners determine which sections of their sites are more appealing;
- help us track e-mail response rates, measure the success of our marketing campaigns, identify when our e-mails are viewed and track whether our e-mails are forwarded; and
- once you have logged in, identify you, so that you can navigate to secure areas of our Sites.
WHAT IS DEVICE IDENTIFICATION?
Device identification is a technology that identifies devices by collecting information from the browser on the device, such as the browser version, operating system, IP address, installed fonts, time zone, and more. These pieces of information are used to uniquely identify a device. The device identification generated through the device identification process may be stored in a cookie.
WHAT IS ONLINE BEHAVIORAL ADVERTISING?
Online behavioral advertising refers to the practice of online advertisers and website owners using information collected through both first and third party cookies for the purpose of building user behavior profiles and for delivering targeted advertising and content to users based on user preferences.
WHAT ARE THE DIFFERENT TYPES OF COOKIES?
First and third-party cookies: whether a cookie is ‘first’ or ‘third’ party refers to the domain placing the cookie. First-party cookies are those set by a website that is being visited by the user at the time (e.g., cookies placed by www.partech.com).
Third-party cookies are cookies that are set by a domain other than that of the website being visited by the user. If a user visits a website and another entity sets a cookie through that website this would be a third-party cookie. Third party cookies enable third party features or functionality to be provided on or through the website (e.g., advertising, interactive content, and analytics). The parties that set these third party cookies can recognize your computer both when it visits the applicable website and also when it visits certain other websites.
Persistent cookies remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the website that created that particular cookie.
Session cookies allow website owners to link the actions of a user during a browser session. A browser session starts when users open a browser window and finishes when they close the browser window. Session cookies are created temporarily. Once you close the browser, all session cookies are deleted.
Local storage objects and Flash cookies are different from browser cookies because of the amount of data, type of data, and how data is stored. These cookies, among other things, collect and store information about your use of our Sites, fraud prevention, and for other Sites or application operations. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
Please note that setting the Flash Player to restrict or limit acceptance of Flash cookies may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with our Sites.
WHAT COOKIES DO WE USE AND WHY?
The cookies used on our Sites are categorized as follows:
- Strictly Necessary
“Strictly Necessary” cookies let you navigate the Sites and use essential features like secure areas and shopping baskets. Without these cookies, services you have asked for cannot be provided. These cookies do not gather any information about you that could be used for marketing or identifying where you've been on the internet.
We use these Strictly Necessary cookies to:
- remember the goods and services you requested when you get to the checkout page;
- identify you as being logged in to our Sites;
- make sure you connect to the intended part of our Sites when we make any changes to the way the Sites works;
- route users to specific applications or specific servers; and
- remember information you have entered on forms when you navigate to different pages during a web browser session.
Accepting these cookies is a condition of using the Sites, so if you block these cookies, you may not be able to use the Sites as you intend, and security controls may not function properly or fully during your visit.
“Performance” cookies collect information about how you use our Sites (e.g., which pages you visit and if you experience any errors). These cookies are only used to help us improve how our Sites work, understand what interests our users, and measure the effectiveness of our advertising.
We use Performance cookies for:
- web analytics: to provide statistics on how our Sites are used;
- error management: to help us improve the Sites by measuring any errors that occur;
- testing designs: to test different designs of our Sites;
- ad response rates: to see how effective our advertisements are, including those pointing to our Sites;
- Content management: to help optimize the delivery of certain media, such as video; and
- Affiliate tracking: to provide feedback to partners that one of our visitors also visited their website.
Some of our Performance cookies are managed for us by third parties. Where this is the case, we don't permit the third party to use the cookies for any purpose other than those listed above.
“Functionality” cookies are used to provide services or to remember settings to improve your visit.
We use Functionality cookies to:
- show you when you're logged in to the Sites;
- remember settings you've applied, such as layout, text size, preferences, and colors;
- remember volume settings when playing video; and
- remember if we've already asked you if you want to fill in a survey.
Some of these cookies are managed for us by third parties. Where this is the case, we don't permit the third party to use the cookies for any purpose other than those listed above.
“Targeting” cookies are linked to websites provided by third parties. These cookies are placed through our Sites by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads for our products and services on third party websites. They work by uniquely identifying your browser and device. If you block these cookies, you will experience less targeted advertising.
We use Targeting cookies to:
- link to social networks like Facebook that may subsequently use information about your visit to target advertising to you on third party websites;
- enable you to share pages and content that you find interesting, or events you might attend, through third party social networking and other websites;
- provide advertisers, whether directly or through a third party such as a media agency, ad network, or exchange with information on your visit so that they can present you with advertisements in which you may be interested; and
- provide information to third party data aggregators for the purposes of matching, audience research and the creation of audience segments.
Our clients may also employ technology that is used to measure the effectiveness of advertisements. You can control whether or not these cookies are used but blocking them may prevent us from offering you some services or targeted advertising.
How to delete and block our cookies
Turning off the browser's cookies will prevent web beacons and cookies from measuring the relevance and effectiveness of our Sites/emails and advertising as well as the tailored advertising brought to you by our partners. You may also not be able to use all the interactive features of our Sites/emails if cookies are disabled. Consumers who no longer wish to receive tailored advertisements from us, third party advertising networks, or, if you would like more information about this practice, please visit www.aboutads.info.
CAN I WITHDRAW MY CONSENT?
HOW CAN I OPT OUT OF HAVING COOKIES PLACED ON MY DEVICE(S)?
For further information about deleting or blocking cookies, please visit: https://cookiepedia.co.uk/how-to-manage-cookies or https://www.aboutcookies.org/how-to-delete-cookies/.
To obtain information about opting-out of targeted advertising, you may contact one of the following industry groups:
- Digital Advertising Alliance (“DAA”): http://www.aboutads.info/choices/
- Network Advertising Institute (“NAI”): http://www.networkadvertising.org/choices/
- European Interactive Digital Advertising Alliance (“EDAA”): http://www.youronlinechoices.eu/ and http://www.edaa.eu/
Please note that when using the ad industry opt-out tools above, such opting-out only applies to members of that specific industry group and only those members will no longer deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Sites or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to block cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.
More information about cookies
Useful information about cookies can be found at: http://www.allaboutcookies.org
Information on the ICC (UK) UK cookie guide can be found at:
How often will we update this Cookie Statement?
Latest Version: Mar 2021
- IMPORTANT INFORMATION AND WHO WE ARE
- contact us for information on our products and services
- purchase products or services from us
- connect with us via social media (e.g. LinkedIn)
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us by contacting us (contact information provided below).
- THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you in connection with the purposes stated in Section 1 as follows:
- Identity Data includes first name, last name, username or similar identifier, title, employer identification number.
- Contact Data includes billing address, delivery address, email address and telephone numbers.
- Financial Data includes account information, income, and payment card details.
- Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us or products and services purchased by us from you.
- Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Sites.
- Profile Data includes your username and password, purchases or orders made by you, number of locations, feedback and survey responses.
- Usage Data includes information about how you use our Sites, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity (except as required for affirmative action compliance), religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).
- HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by mail, phone, email or otherwise. This includes personal data you provide when you:
- apply for a position with us;
- inquire about or purchase our products or services;
- request marketing to be sent to you;
- connect with us via social media; or
- give us feedback or contact us.
- Automated technologies or interactions. As you interact with our Sites, we will automatically collect Technical Data about your equipment (internet protocol (IP) address). We collect this personal data by using common web-based technologies. If you wish to learn more about our data collection process, please contact us (contact information provided below).
- Third parties or publicly available sources. We will receive personal data about you from various third parties as set out below:
- Identity and Contact Data from LinkedIn.
- Identity, Contact and Financial Data from search information providers, such as Dun & Bradstreet, based outside the EU.
- Contact, Financial and Transaction Data from providers of payment and delivery services such as banks and credit bureaus outside the EU.
- Identity and Contact Data from publicly available sources, such as government and administrative bodies (Secretary of State (US), based inside and outside the EU.
- HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to process your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. For example:
- establish you as a new customer or supplier;
- process and deliver your order or invoice, including manage payments, fees and charges; and
- manage our relationship with you, including contacting you about the timing of the performance of certain services.
- Where it is necessary for our legitimate interests (or those of a third party) of our business in conducting and managing our business to enable us to give you the best products/services and your interests and fundamental rights do not override those interests. For example:
- collect and recover money owed to us;
- providing ongoing service to you in connection with the products and services purchased by you; and
- to administer and protect our business and the Sites (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data).
You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
- Where we need to process your personal data where it is necessary for compliance with a legal obligation that we are subject to.
- Notifying you as required and performing our obligations under any contract that we have with you.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us (contact information provided below). If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products/services). In this case, we may have to cancel a product/ service you have with us but we will notify you if this is the case at the time.
- DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out above.
- Internal Third Parties such as PAR Technology Corporation, our parent company, acting as a joint controller and processor, which is also based in the United States and provides PGSC/RRC with IT and system administration services and undertakes leadership reporting.
- External Third Parties as follows:
- Service providers acting as processors based in the United States who provide: (a) IT and system administration services (e.g. hosting) or (b) human resource services (e.g. recruiting).
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United States who provide consultancy, banking, legal, insurance and accounting services.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
- DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers for tax purposes.
- YOUR LEGAL RIGHTS
IF YOU ARE LOCATED IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND.
THIS SECTION ONLY APPLIES TO INDIVIDUALS WHO CONTACT US REGARDING OUR PRODUCTS/SERVICES AND ARE LOCATED IN THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM OR SWITZERLAND AT THE TIME OF DATA COLLECTION. WE MAY ASK YOU TO IDENTIFY WHICH COUNTRY YOU ARE LOCATED IN WHEN YOU PROVIDE US WITH YOUR INFORMATION, OR WE MAY RELY ON YOUR IP ADDRESS TO IDENTIFY YOUR COUNTRY LOCATION.
PGSC/RRC processes Personal Data as a “processor,” “joint controller,” and as a “controller” under the European Union’s GDPR. A “controller” is an entity that determines the purposes for which and the manner in which any personal information is processed. Any third parties that act as our service providers are “data processors” that handle your personal information in accordance with our instructions. With respect to your personal data that you enter or that is received through our Sites, PGSC/RRC is the controller. Please do not hesitate to contact us if you have questions (contact information provided below);
If you are in the EEA, United Kingdom or Switzerland, you have the following rights (where applicable):
Access. You have the right to request a copy of the information we are processing about you;
Rectification. You have the right to have incomplete or inaccurate information that we process about you rectified;
Deletion. You have the right to request that we delete information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise, or defend legal claims;
Restriction. You have the right to restrict our processing of your information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it;
Portability. You have the right to obtain information we hold about you, in a structured, electronic format, and to transmit such data to another data controller, where this is (a) information which you have provided to us, and (b) if we are processing that data on the basis of your consent or to perform a contract with you;
Objection. Where the legal basis for processing your information is our legitimate interest, you have the right to object to such processing on grounds relating to your particular situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests, or if we need to continue to process the data for the establishment, exercise, or defense of a legal claim;
Withdrawing Consent. If you have consented to our processing of your information, you have the right to withdraw your consent at any time, free of charge. This includes where you wish to opt out from marketing messages.
You can make a request to exercise any of these rights in relation to your information by contacting us via the methods listed below within the Contact Information section. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information. Please note that we may take up to 30 days to fulfill such request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
You also have the right to lodge a complaint with the local data protection authority if you believe that we have not complied with applicable data protection laws. A list of local data protection authorities in European countries is available here at https://edpb.europa.eu/about-edpb/board/members_en.
Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
- SPECIAL INFORMATION FOR CALIFORNIA RESIDENTS
Under California’s "Shine the Light" law, California residents who provide personal information in obtaining products/services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2019 will receive information regarding 2018 sharing activities).
To obtain this information please send an email message to email@example.com with "Request for California Privacy Information" on the subject line and in the body of your message. We will provide the requested applicable information to you at your e-mail address in response subject to any need to verify whether these rights apply to you.
Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response.
California Consumer Privacy Act Rights. Under the California Consumer Privacy Act (“CCPA”) California residents have certain rights regarding their personally identifiable information. If you would like to exercise these rights on or after January 1, 2020, please contact us using the email address, toll free phone number, or physical mailing address listed within the “Contact Information” section below. If sending an email, please send an email message to firstname.lastname@example.org with "Request for California Privacy Information" on the subject line and in the body of your message. For your own privacy and security, at our discretion, we may require you to prove your identity before providing the requested information. It may take us some time to respond to your request, but we will do so within the requirements of the CCPA.
This Policy discloses to you the personal information we collect from you and the purposes for doing so. Please see “How We Use Your Personal Data” above. The CCPA grants you specific rights, including the following:
- Right to request disclosure as to personal information PGSC/RRC has collected about you:
- Upon a verifiable request, made through one of the methods provided within the “Contact Information” section below, we will disclose to you the items listed below, one or more of which may be provided by reference to this Policy:
- The categories of personal information we have collected about you.
- The categories of sources from which the personal information was collected.
- The business purpose behind collecting the personal information.
- The categories of third parties with whom PGSC/RRC has shared the information.
- The specific pieces of personal information PGSC/RRC has collected about you.
- Right to request deletion: upon a verifiable request, made through one of the methods provided within the “Contact Information” section below, we will delete personal information we have regarding you and direct our service providers to delete your personal information from their records, to the extent provided by the CCPA.
- Right to be free from discrimination: PGSC/RRC will not discriminate against you for exercising any of your rights under the CCPA. Please keep in mind that under certain circumstances, we may charge you a different price or rate, or provide a different level or quality of products/services, if that difference is reasonably related to the value provided to you by your personal information.
- No sale of personal information: PGSC/RRC does not sell your personal information.
PGSC/RRC can be reached by telephone at: (315) 339-0491; by email at: email@example.com or by mail at PGSC/RRC Government Systems Corporation or Rome Research Corporation, 421 Ridge Road, Rome, New York, 13440 USA, Attention: Privacy Compliance.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month, unless a shorter time period is specified by the law, including the CCPA. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Should any Users choose to use the Site in a manner that may lead to certain business transactions between Users, PGSC/RRC is not a party to any transactions between Users other than providing the Site. AS A RESULT, PGSC/RRC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS THROUGH THE SITE.
You are responsible for how you use the Site, and PGSC/RRC encourages anyone who accesses the Site, including Users, to exercise sound judgment. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER, YOU PGSC/RRC FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
1 MODIFICATION OF THIS AGREEMENT.
1.1. We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to the Update, you must discontinue using the Site.
2 OWNERSHIP; PROPRIETARY RIGHTS.
2.1. You acknowledge and agree that the Site and the PGSC/RRC may use and contain content, information and proprietary and confidential technology owned by or licensed to PGSC/RRC and protected by applicable intellectual property and other laws and international treaties (collectively, “PGSC/RRC Content”). The PGSC/RRC Content displayed on or through the Site and PGSC/RRC Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by PGSC/RRC and its licensors under United States and international copyright laws. All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the PGSC/RRC Content, the Site or access to the Site in any way without the prior written permission of Par Government Systems and Rome Research Corporation. All content on the Site that is not PGSC/RRC Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any PGSC/RRC Content. All registered and unregistered marks used in connection with the Site and the PGSC/RRC Services (the “PGSC/RRC Marks”) are trademarks, trade names, or service marks of PGSC/RRC unless otherwise indicated. You are not authorized to use or display the PGSC/RRC Marks, without the prior express written permission of PGSC/RRC. Ownership of all PGSC/RRC Marks and the goodwill associated therewith remains with. All other trademarks are the property of their respective owners.
3 GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.
3.1. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL NOT ENGAGE IN THE PROHIBITED CONDUCT AND USES LISTED BELOW (THE “GUIDELINES”). YOU WILL NOT:
3.1.1. use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
3.1.2. use the Site if you are under the age of eighteen (18) years old;
3.1.3. use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data security and privacy, and import or export control;
3.1.4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
3.1.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;
3.1.6. misrepresent the source, identity or content of information transmitted via the Site;
3.1.7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
3.1.8. intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious or harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
3.1.9. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, religiously or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
3.1.10. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3.1.11. attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
3.1.12. attempt to (i) modify, disassemble, decompile or reverse engineer the Site; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third party or use the Site to provide time-sharing or similar services for any third party; (iii) delete the copyright and other proprietary rights notices on the Site;
3.1.13. hack, spam or phish PGSC/RRC or any Users of the Site; or
3.1.14. hold PGSC/RRC responsible for your use of the Site.
Please let us know about any inappropriate behavior that you become aware of within the Site. If you find something that violates this Agreement or these Guidelines, let us know by sending us an e-mail to firstname.lastname@example.org. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.
4 USAGE; CONTENT; REFUSAL OR SUSPENSION OF SERVICE.
4.1. PGSC/RRC RESERVE THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, PARTECH ALSO RESERVES THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE.
4.2. You alone are responsible for your involvement with other Users. You agree that PGSC/RRC will not be responsible for any loss or damage incurred as the result of any such interactions.
4.3. PGSC/RRC has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party, and PGSC/RRC is not responsible for such content. You understand that all, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through, other Users, advertisers, if any, or others (the “Non- PGSC/RRC Content”) are the sole responsibility of the Users, advertisers, or others from whom such Non- PGSC/RRC Content originated. PGSC/RRC DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE NON-PARTECH CONTENT. PGSC/RRC DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD PGSC/RRC FOR, THE NON- PGSC/RRC CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON- PGSC/RRC CONTENT), OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON- PGSC/RRC CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL PGSC/RRC BE LIABLE FOR ANY NON-PGSC/RRC CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON- PGSC/RRC CONTENT.
4.4. PGSC/RRC reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non- PGSC/RRC Content that violates the letter or spirit of any applicable agreements between PGSC/RRC and the Users, advertisers, or others posting or seeking to post any content, or for any other reason.
4.5. You acknowledge and agree that PGSC/RRC provides only those PGSC/RRC Services as described in these Terms or as otherwise expressly provided on the Site by Par Government Systems and Rome Research Corporation; PGSC/RRC does not provide, and bears no responsibility or liability for, any other content including but not limited to the following:
4.5.1. Any services provided by any third party or otherwise not expressly provided by PGSC/RRC; and
4.5.2. Legal or other related professional services or advice.
5 ADDITIONAL REQUIREMENTS
6 ACCOUNT REGISTRATION AND USE
6.1. In order to use certain features of the Site or the PGSC/RRC Services, you may have to register and create a password-protected account (“Your Account”).
6.2. Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. PGSC/RRC reserve the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if PGSC/RRC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities you perform in Your Account. You agree to: (i) immediately notify PGSC/RRC of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, and (iii) ensure that you fully exit from Your Account at the end of each session. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the account of any other User, unless legally authorized to do so by PGSC/RRC or the said User. PGSC/RRC CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
6.4. Communications. Although PGSC/RRC provides a platform through the Site and certain PGSC/RRC Services may allow Users to communicate with various other third parties, advertisers, or other persons or entities (collectively, a “Third–Party”) (the “Communications”), PGSC/RRC is not involved in those Third-Party Communications and is not responsible or liable under any circumstances for the content of any Third-Party Communications, or for any absence of Communications by a Third-Party. The content of such Third-Party Communications is determined solely by the Third-Party responsible for the Communications, and not PGSC/RRC. PGSC/RRC is only responsible for the content of information issued directly by Par Government Systems and Rome Research Corporation. You acknowledge and agree that you will address any issues or concerns about Third-Party Communications with the responsible Third-Party by contacting said Third-Party directly and not PGSC/RRC. PGSC/RRC shall not become involved in any matters pertaining to Third-Party communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the PGSC/RRC Services.
For further information about deleting or blocking cookies, please visit: https://cookiepedia.co.uk/how-to-manage-cookies or https://www.aboutcookies.org/how-to-delete-cookies/.
7 THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.
The Site may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. Furthermore, PGSC/RRC makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through Third-Party Websites. Access and use of Third Party Websites, including information, material, products and services on Third Party Websites or available through Third Party Websites is solely at your own risk.
8 VIOLATIONS; TERMINATION.
You agree that PGSC/RRC, if it has a good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate your use of the Site or any portion thereof at any time. You agree that any termination of your access to the Site may be affected without prior notice, and you agree that PGSC/RRC will not be liable to you or any third-party for any such termination. PGSC/RRC does not permit copyright infringing activities on the Site and reserves the right to terminate access to the Site, and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PGSC/RRC may have at law or in equity.
9 DISCLAIMERS; NO WARRANTIES.
9.1. THE SITE IS MADE AVAILABLE “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PAR GOVERNMENT SYSTEMS AND ROME RESEARCH CORPORATION, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
9.2. PGSC/RRC AND ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10 INDEMNIFICATION; HOLD HARMLESS.
You agree to indemnify, defend, and hold PGSC/RRC (and its affiliated companies, contractors, employees, director, officers, agents, and suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to (i) your use or misuse of the Site generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of this Agreement. PGSC/RRC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
11 LIMITATION OF LIABILITY AND DAMAGES.
11.1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL PGSC/RRC (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF PGSC/RRC OR A PGSC/RRC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
11.2. IN NO EVENT SHALL PGSC/RRC‘S (OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, DIRECTORS, OFFICERS, AGENTS’, SUPPLIERS’, OR THIRD-PARTY PARTNERS’, LICENSORS’ OR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS.
11.3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT PGSC/RRC‘S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.
12 BENEFIT OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT PGSC/RRC HAS OFFERED THE SITE AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU ANDPGSC/RRC, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU ANDPGSC/RRC. PGSC/RRC WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.
You hereby release and forever discharge us (and our directors, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Site; or (ii) any third party site, products, services, and links included on or accessed through the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
14.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the New York, without giving effect to any principles of conflicts of law.
14.2. Jurisdiction. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in and for New York and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Nothing in this Agreement shall prevent PGSC/RRC from seeking injunctive relief in a court of competent jurisdiction.
14.3.1. If a dispute arises between you and PGSC/RRC, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with PGSC/RRC regarding the Site by emailing email@example.com, Subject: Arbitration.
14.3.2. You and PGSC/RRC agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement or the Site (a “claim”) in accordance with this Section 14.3. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
14.3.3. All claims between you and PGSC/RRC must be resolved in accordance with this Section 15.3. All claims filed or brought contrary to this Section 14.3 shall be considered improperly filed.
14.4. Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
14.5. Notices. PGSC/RRC may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Site. You must provide notice to PGSC/RRC by email or regular mail using the information in Section 15 below.
14.7. Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification, as well as any other provisions which by their nature are intended to survive expiration or termination of this Agreement, do and hereby survive any expiration or termination of this Agreement or any termination of your use of access to the Site.
14.8. Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation”. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both you and PGSC/RRC, or by a change to this Agreement or the Guidelines.
14.9. Claims. YOU AND PGSC/RRC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15 CONTACT INFORMATION.
Mailing Address: Par Government Systems Corporation/Rome Research Corporation, 421 Ridge St, Rome, New York, 13440 USA