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PCS Terms of Use

General

Precision Conference Solutions, Inc. (PCS) grants you the right to use this web site for the submission, review, and management of conference submissions (the Service).

In return, you must agree to the terms listed below (the Terms).

Description of the Service

PCS provides the following Service for the submission, review, and management of conference submissions: Authors can upload submissions, see reviews of those submissions, provide rebuttals (at the option of the conference administrators), and interact with the conference committee and organizers. Reviewers can download, manage, review, and discuss submissions assigned to them. Committee members can download, manage, review, and discuss submissions, can manage the reviewers assigned to submissions, and can make decisions about acceptance or rejection of submissions. Administrators and chairpersons can manage all aspects of the conference's submission and review process.

Account security

You shall provide and maintain accurate and current information in your personal PCS account. You agree that you are entirely responsible for maintaining the secrecy of your account password, and that you accept full responsibility and liability for any and all activities that take place in your account, whether performed by you or by another person who has access to your password, whether to your knowledge or not.

You agree that PCS may terminate your account at any time if PCS believes that your account is being used for illegal purposes, is being used in violation of these Terms, or is being used in a manner detrimental to PCS or to one of PCS's conferences or conference societies.

Operation of the Service

PCS does not warrant that the operation of the Service shall be uninterrupted or error free. PCS shall take reasonable steps to minimize interruptions that are brought to its attention, and to correct errors that are brought to its attention.

The Service may from time to time be inaccessible due to factors including, but not limited to: heavy internet traffic; connectivity loss by the PCS internet service provider; hardware or software failure of the PCS server; connectivity loss by your internet service provider; sabotage of the PCS web servers; or a denial-of-service attack upon the PCS web servers. You agree that PCS shall not be liable to you for service interruptions due to these factors or due to other factors outside the control of PCS.

Safety of data

The data you provide to PCS may be vulnerable to disclosure. Such data can include, but is not limited to, sensitive and confidential information such as submissions, reviews, discussions of submissions, decisions about submissions, and the confidential names of reviewers.

PCS shall take reasonable steps to protect the data from disclosure, including the use of encrypted (TLS/SSL) communications, password protection, encrypted backups, and time-limited links to files stored on cloud servers.

You agree that PCS shall not be liable to you for any damages arising from the disclosure of data transmitted to or from the PCS web servers or stored in the PCS web servers, cloud servers, or backups.

Confidentiality of information

PCS, on behalf of itself, its partners, employees and agents, promises and agrees that PCS will not willfully disclose to any person, not employed by or affiliated with the conference or conference society that you are involved with, and that PCS will not use for the benefit of itself or others, any confidential information gathered by the Service, provided, however, that this provision shall not preclude PCS from use or disclosure of information known generally to the public (other than information known generally to the public as a result of a violation of this section by PCS), from use or disclosure of its subgroups or from disclosure required by law or court order.

Notwithstanding the foregoing, PCS shall be permitted to disclose confidential information to those of its employees or anyone else retained by PCS who must have access to such information, provided that such disclosure shall be permitted only to the extent necessary to perform contracted services, and all such persons should be bound by the provisions of this section.

Limitation of liability

YOU AGREE THAT PCS, ITS EMPLOYEES, PARTNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, ASSIGNEES OR AGENTS SHALL HAVE NO LIABILITY TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR FAILURE TO REALIZE ANTICIPATED SAVINGS OR PROFIT, LOST OR DAMAGED DATA, OTHER COMMERCIAL OR ECONOMIC LOSS, OR PROFESSIONAL LOSS (INCLUDING LOSS OR ANTICIPATED LOSS OF PROFESSIONAL REPUTATION) WHATSOEVER, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER ARISING OUT OF AN ACTION IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR UNDER ANY WARRANTY OR CONDITION, IRRESPECTIVE OF WHETHER PCS HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR FOR CLAIMS BY A THIRD PARTY, OR SUCH DAMAGES ARE FORESEEABLE, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS.

DESPITE THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF PCS, IN THE AGGREGATE, WHETHER IN RESPECT OF A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, EXCEED THE SUM OF THE FEES PAID BY YOU TO PCS IN THE LAST TWELVE MONTHS. THESE LIMITATIONS IN POTENTIAL LIABILITY WERE AN ESSENTIAL ELEMENT IN GRANTING YOU THE RIGHT TO USE THE SERVICE AND IN SETTING THE FEES. PCS NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.

Indemnification

You shall indemnify and hold harmless PCS from and against all costs and expenses including, but not limited to, attorney's fees, damages, claims and liabilities whatsoever arising out of all acts or omissions by you, your direct or indirect use of the Service, the content you provide to the Service, or the decisions made based upon information you provide to the Service, whether such information is erroneous or not and whether such decisions are erroneous or not.

Governing law

These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and of Canada, as may be applicable therein.

Changes to the Terms

PCS reserves the right to change the Terms herein. If PCS changes the Terms, you will receive a notice of the changes upon your next login if you are an account holder, or directly by email if you are a contracting organization. You agree that your continued use of the web site after receiving such notice will indicate your agreement to the changed Terms.

Miscellaneous

These Terms represent the entire agreement between you and PCS.

If any provision or part of any provision in these Terms is void for any reason, it shall be modified to the extent necessary to render it enforceable without losing its intent, or severed if no such modification is possible, without affecting the validity of the balance of the agreement.

Any dispute between the parties arising out of or related to these Terms shall be referred to and settled by a single arbitrator agreed upon by the parties or, in default of such agreement, to a single arbitrator appointed pursuant to the legislation governing submissions to arbitration in the jurisdiction whose laws govern this contract. The decision of the arbitrator is final and binding on the parties with no right of appeal, with the losing party paying all costs of arbitration.


This document was last updated on May 15, 2018.