Terms of Use

PCS GLOBAL TECH LLC 

TERMS OF USE 

Effective Date: 21-09-2026
Last Updated: 16-09-2026 

These Terms of Use (“Terms”) govern your access to and use of the website operated by PCS Global Tech LLC, a Pennsylvania limited liability company (“PCS,” “Company,” “we,” “us,” or “our”), including all webpages, forms, application functions, portals, content, systems, resources, and other online features made available through the website (collectively, the “Website”). 

By accessing or using the Website, submitting information through the Website, creating or using an account, or affirmatively accepting these Terms where requested, you acknowledge that you have read, understood, and agree to be bound by these Terms. 

If you do not agree to these Terms, you should not access or use the Website. 

1. PCS GLOBAL TECH LLC 

PCS Global Tech LLC is engaged in technology consulting, professional staffing, Client placement, and related services. 

As part of its staffing and placement operations, PCS recruits and evaluates individuals against anticipated Client requirements through activities that may include resume review, interviews, technical or professional assessments, business-suitability review, and other reasonable evaluation activities. 

Based on an individual’s existing skills, experience, qualifications, prospective Client requirements, business conditions, and potential placement opportunities, PCS may determine whether additional preparation, Placement Assistance, resources, or other support may be appropriate in connection with prospective Client opportunities. 

2. PURPOSE AND SCOPE OF THE WEBSITE 

The Website may provide information regarding PCS, its staffing and consulting operations, prospective Client opportunities, its selective placement and deployment process, and related services. 

The Website may permit users to: 

  • Submit contact and professional information; 
  • Submit a resume or professional profile; 
  • Express interest in prospective opportunities; 
  • Participate in recruitment and evaluation activities; 
  • Complete assessments or other evaluation steps; 
  • Communicate with PCS representatives; 
  • Receive information concerning prospective Client requirements; 
  • Access placement-related resources; 
  • Participate in PCS’s selective placement and deployment process where accepted; and 
  • Complete other activities reasonably related to PCS’s staffing, placement, consulting, and deployment operations. 

Website information is provided for general informational and business purposes. 

Unless expressly provided in a separately executed written agreement, Website content does not create a contractual right to employment, engagement, Client submission, Client selection, placement, Client Deployment, compensation, or any other particular outcome. 

3. ELIGIBILITY AND USER RESPONSIBILITY 

You may use the Website only if you have the legal capacity to enter into these Terms and your use of the Website is permitted by applicable law. 

You are responsible for: 

  • Providing accurate information; 
  • Maintaining the confidentiality of any account credentials issued to you; 
  • Activities conducted through your account or credentials; 
  • Promptly notifying PCS of suspected unauthorized access; 
  • Maintaining accurate and current contact information; and 
  • Using the Website only for authorized and lawful purposes. 

You may not allow another person to use your credentials or impersonate another individual when interacting with PCS. 

4. RECRUITMENT AND EVALUATION 

PCS may assess individuals in connection with anticipated Client requirements and prospective placement opportunities. 

Evaluation may include, as applicable: 

  • Resume or profile review; 
  • Interviews; 
  • Technical assessments; 
  • Professional assessments; 
  • Business-suitability review; 
  • Review of experience and qualifications; 
  • Review of credentials; 
  • Work-authorization review; 
  • Geographic and availability considerations; and 
  • Other reasonable evaluation activities. 

Recruitment-stage assessments are evaluative only. 

Submitting information, participating in an assessment or interview, communicating with PCS, or otherwise participating in preliminary recruitment activities does not, by itself: 

  • Establish employment; 
  • Establish a consulting relationship; 
  • Establish Client Deployment; 
  • Guarantee acceptance into PCS’s placement and deployment process; 
  • Guarantee Client submission or introduction; 
  • Guarantee a Client interview; 
  • Guarantee Client selection; or 
  • Create a Service Commitment, Program Investment reimbursement obligation, or other payment obligation. 

5. SELECTIVE PLACEMENT AND DEPLOYMENT PROCESS 

Following PCS’s assessment and an individual’s acceptance into the Company’s selective placement and deployment process (the “Program”), PCS may provide individualized preparation, Placement Assistance, and related support in connection with prospective Client opportunities. 

The Program is intended to facilitate a Participant’s readiness for and access to prospective Client opportunities through PCS’s staffing and placement operations. 

PCS may determine the nature, duration, availability, and scope of resources or support based upon factors including: 

  • The Participant’s existing qualifications; 
  • Professional experience; 
  • Anticipated Client requirements; 
  • Available Client opportunities; 
  • Business conditions; 
  • Work authorization; 
  • Geographic requirements; 
  • Placement parameters; and 
  • Other circumstances reasonably relevant to prospective placement. 

Participation in the Program does not, by itself, establish an employment, consulting, or other engagement relationship. 

Any such relationship will arise only pursuant to a separate applicable arrangement. 

6. PLACEMENT ASSISTANCE 

PCS may provide Placement Assistance in connection with prospective Client opportunities. 

Placement Assistance may include, as appropriate: 

  • Profile or resume optimization; 
  • Candidate positioning; 
  • Client matching; 
  • Client submissions; 
  • Interview preparation; 
  • Interview coordination; 
  • Onboarding assistance; 
  • Placement support; 
  • Deployment administration; and 
  • Other reasonable support associated with Client placement and deployment. 

The particular Placement Assistance made available may vary depending upon the Participant, prospective opportunity, Client requirements, business circumstances, and PCS’s assessment of the applicable placement needs. 

7. PROGRAM ACTIVITIES 

PCS may make available individualized preparation and support activities in connection with prospective Client opportunities (“Program Activities”). 

Program Activities may include, as applicable: 

  • Interview preparation; 
  • Orientation to Client requirements; 
  • Client-preparation sessions; 
  • Access to Company systems; 
  • Access to technical or technology environments; 
  • Placement-related activities; 
  • Deployment-related activities; and 
  • Other activities reasonably related to prospective Client placement and Client Deployment. 

Participants may be expected, subject to applicable written agreements, to reasonably cooperate with Program Activities, attend scheduled Client-related sessions or interviews, maintain professional conduct, and provide information reasonably necessary for Client submissions and deployment. 

Participation in Program Activities does not guarantee Client selection or Client Deployment. 

8. CLIENT OPPORTUNITIES AND CLIENT DEPLOYMENT 

PCS may market, position, introduce, or submit a Participant for prospective Client opportunities that PCS reasonably believes are consistent with the Participant’s skills, qualifications, work authorization, geographic expectations, availability, and anticipated engagement terms. 

Client Deployment remains subject to factors including: 

  • Client selection; 
  • Project availability; 
  • Client requirements; 
  • Background requirements; 
  • Security requirements; 
  • Work authorization; 
  • Business conditions; 
  • Onboarding requirements; 
  • Continued eligibility; 
  • Participant availability; and 
  • Other Client-specific or engagement-specific requirements. 

For purposes of these Terms, “Client Deployment” means commencement of productive services for a Client through PCS or an authorized affiliate under a separate applicable engagement arrangement. 

PCS does not guarantee: 

  • A Client interview; 
  • Submission to any particular Client; 
  • Client selection; 
  • Client Deployment; 
  • Deployment by any particular date; 
  • Employment; 
  • A consulting engagement; 
  • A specific Client; 
  • A specific assignment; 
  • A specific duration; 
  • A specific compensation level; or 
  • Any particular professional or financial outcome. 

9. SEPARATE AGREEMENTS AND DOCUMENTATION 

Participation in the Program or a subsequent engagement may require separate written documentation. 

Such documentation may include, as applicable: 

  • A Placement Assistance and Service Commitment Agreement; 
  • Commitment Support Documentation; 
  • A Promissory Note; 
  • A guaranty or other acknowledged commitment document; 
  • An employment agreement; 
  • A consulting or engagement agreement; 
  • An offer letter; 
  • A relocation and travel addendum; 
  • Client-specific documentation; 
  • Company policies; and 
  • Other applicable agreements or acknowledgments. 

These Website Terms do not replace such documents. 

The terms of separately executed documents will govern the specific matters addressed by those documents. 

10. PROGRAM INVESTMENT AND SERVICE COMMITMENT 

Where expressly established through a separately executed agreement, PCS may make an internal commercial investment attributable to assessing, preparing, supporting, marketing, positioning, placing, and facilitating a Participant for prospective Client opportunities (“Program Investment”). 

PCS may expect to recover the applicable Program Investment through revenue generated by the Participant’s productive Client service following Client Deployment. 

Where a Participant separately agrees to a Service Commitment, the applicable: 

  • Billable Hours requirement; 
  • Completion period; 
  • Participant obligations; 
  • Credits; 
  • Satisfaction provisions; 
  • Commitment Support Documentation; 
  • Payment obligations, if any; and 
  • Rights and remedies 

will be governed by the applicable separately executed documents and applicable law. 

Accessing the Website, submitting an application, participating in recruitment-stage evaluations, or merely accepting these Website Terms does not independently create a Service Commitment, Program Investment reimbursement obligation, Promissory Note liability, guaranty liability, or predetermined payment obligation. 

11. INFORMATION PROVIDED TO PCS 

When providing information to PCS, you represent that: 

  • The information is materially accurate and complete to the best of your knowledge; 
  • You are authorized to provide the information; 
  • Documents supplied by you are authentic and have not been materially falsified or improperly altered; 
  • You will not intentionally omit material information where disclosure is reasonably required for the purpose for which the information is requested; and 
  • Your submission does not knowingly violate another person’s rights. 

PCS may request information reasonably relevant to recruitment, evaluation, placement, Client submission, or deployment, including: 

  • Contact information; 
  • Resume or professional-profile information; 
  • Employment experience; 
  • Professional qualifications; 
  • Technical skills; 
  • Credentials; 
  • Work-authorization information; 
  • Geographic information; 
  • Availability; 
  • Relocation or travel availability; and 
  • Other information reasonably related to prospective Client opportunities. 

PCS may rely upon information supplied by you in conducting its evaluation, placement, and business activities. 

12. MISREPRESENTATION AND FRAUDULENT INFORMATION 

You may not knowingly provide PCS with: 

  • False credentials; 
  • Fabricated employment history; 
  • Materially altered documents; 
  • False identity information; 
  • Misrepresented work authorization; 
  • False professional experience; 
  • Fraudulent references; 
  • Misrepresented qualifications; or 
  • Other materially false or misleading information. 

PCS may discontinue evaluation, Program participation, placement activity, or Website access where it reasonably determines that material information has been falsified or misrepresented. 

PCS additionally reserves any rights or remedies available under applicable law or an applicable separately executed agreement. 

13. BACKGROUND AND OTHER VERIFICATIONS 

Program participation, Client placement, Client Deployment, or employment may require background screening or other verification. 

Where required, PCS may request that an individual execute a separate authorization permitting PCS, its authorized representatives, Clients, or an authorized background-check provider to obtain applicable reports or verifications. 

Such verification may include, where properly authorized and legally permissible: 

  • Criminal records; 
  • Civil records; 
  • Motor vehicle records; 
  • Military service verification; 
  • Credentials verification; 
  • Education verification; 
  • Employment verification; 
  • Identity verification; 
  • Reference checks; 
  • Credit information; 
  • Drug testing; and 
  • Other authorized screening information. 

Background investigations, consumer reports, or similar activities will be subject to separately required authorizations, disclosures, notices, and applicable law. 

Acceptance of these Website Terms does not replace any separately required authorization. 

14. RELOCATION AND TRAVEL 

Prospective Client opportunities may require relocation and/or travel. 

Specific relocation or travel obligations will be governed by the applicable Program documents, Client requirements, engagement arrangements, or separately executed addenda. 

General use of the Website does not independently create a relocation or travel obligation. 

Where an individual has separately agreed to relocation or travel requirements, failure to comply may have consequences under the applicable executed documents. 

15. CONFIDENTIAL INFORMATION 

“Confidential Information” includes non-public information concerning PCS, its affiliates, group companies, employees, candidates, vendors, Clients, business operations, or prospective business opportunities. 

Confidential Information may include: 

  • Pricing; 
  • Margins; 
  • Compensation structures; 
  • Client information; 
  • Customer information; 
  • Contract terms; 
  • Proposals; 
  • Business relationships; 
  • Business plans; 
  • Source code; 
  • Software; 
  • Methods; 
  • Client opportunities; 
  • Technical documentation; 
  • Security information; 
  • Interview materials; 
  • Project information; 
  • Trade secrets; and 
  • Other non-public proprietary or business information. 

Confidential Information does not include information that becomes publicly available through no breach of these Terms or another duty owed to PCS or the applicable information owner. 

Users may access and use Confidential Information only for authorized purposes. 

Without authorization, users may not: 

  • Disclose; 
  • Copy; 
  • Download; 
  • Transmit; 
  • Remove; 
  • Retain; 
  • Publish; 
  • Sell; 
  • Exploit; 
  • Provide to third parties; or 
  • Use for personal or competitive advantage 

PCS or Client Confidential Information. 

Upon request, a user must reasonably cooperate in returning, deleting, or ceasing unauthorized use of PCS or Client Confidential Information, subject to applicable law and lawful preservation obligations. 

Actual or threatened unauthorized acquisition, access, disclosure, retention, transmission, copying, or use of Confidential Information may cause substantial and potentially irreparable harm. 

PCS may seek injunctive, equitable, monetary, or other relief available under applicable law to prevent or remedy such conduct. 

16. CLIENT AND BUSINESS PROTECTION 

Users may not use PCS’s Confidential Information, Client access, pricing, introductions, submissions, systems, or business relationships to improperly: 

  • Divert; 
  • Bypass; 
  • Redirect; 
  • Appropriate; 
  • Interfere with; or 
  • Circumvent 

a PCS Client engagement or business opportunity introduced, developed, submitted, or facilitated by PCS. 

Users may not use information or access obtained through PCS to improperly arrange or facilitate substantially similar services in a manner designed to circumvent PCS’s role in an applicable Client opportunity. 

Nothing in this Section prohibits lawful competition or lawful employment. 

Where a user uses PCS information, introductions, access, Client information, submissions, or Confidential Information to improperly divert, bypass, redirect, interfere with, or appropriate a PCS-facilitated business opportunity, PCS may pursue: 

  • Injunctive relief; 
  • Equitable relief; 
  • Recovery of actual losses; 
  • Recovery of unjust enrichment; and 
  • Other remedies available under applicable law or an applicable agreement. 

Nothing in this Section establishes a predetermined payment amount or penalty. 

17. INTELLECTUAL PROPERTY AND COMPANY PROPERTY 

The Website and PCS materials, templates, methods, software, documentation, readiness resources, technical environments, systems, content, designs, graphics, logos, written materials, and other pre-existing intellectual property are owned by PCS or its applicable licensors. 

Access does not transfer ownership or intellectual-property rights to the user. 

Except as expressly authorized, users may not: 

  • Copy; 
  • Reproduce; 
  • Republish; 
  • Distribute; 
  • Sell; 
  • License; 
  • Modify; 
  • Reverse engineer; 
  • Create unauthorized derivative works from; 
  • Commercially exploit; 
  • Systematically extract; or 
  • Provide unauthorized third-party access to 

PCS materials, systems, documentation, Website content, or intellectual property. 

Rights concerning work product created in connection with Company-authorized Program Activities, Company business, or Client assignments will be governed by applicable written agreements and applicable law. 

Upon request or conclusion of authorized access, users must return Company property and cease unauthorized access to Company systems and materials. 

18. ACCEPTABLE USE 

You may use the Website only for lawful and authorized purposes. 

You may not: 

  • Submit materially fraudulent or misleading information; 
  • Impersonate another person or entity; 
  • Use another person’s credentials without authorization; 
  • Attempt to gain unauthorized access to PCS systems, accounts, databases, or technical environments; 
  • Probe, scan, test, or attempt to exploit system vulnerabilities without written authorization; 
  • Circumvent access controls, authentication mechanisms, usage limitations, or security measures; 
  • Introduce viruses, malicious code, malware, automated attacks, or other harmful technology; 
  • Interfere with Website availability or functionality; 
  • Scrape, harvest, download, aggregate, or systematically extract non-public PCS information without authorization; 
  • Obtain or attempt to obtain non-public Client, employee, candidate, pricing, opportunity, or business information through unauthorized means; 
  • Use automated systems to submit fraudulent or unauthorized applications or requests; 
  • Misappropriate PCS or Client Confidential Information; 
  • Infringe intellectual-property rights; 
  • Use PCS systems or resources to facilitate unlawful activity; or 
  • Use the Website in violation of applicable law. 

PCS may investigate suspected misuse and may take reasonable protective measures, including restricting access, preserving records, and securing affected systems. 

Where PCS reasonably believes conduct may violate applicable law, PCS may refer the matter to appropriate authorities or cooperate with lawful governmental, regulatory, judicial, or law-enforcement processes. 

19. THIRD-PARTY AND CLIENT REQUIREMENTS 

Prospective Client opportunities may be subject to requirements established by Clients, staffing partners, governmental entities, background providers, project owners, or other third parties. 

PCS does not control every decision made by a Client or third party. 

Client selection, project availability, background requirements, security requirements, work authorization, onboarding requirements, scheduling, location, compensation, and other conditions may affect whether a prospective Client Deployment occurs. 

References to Clients, technologies, services, third-party resources, or prospective opportunities do not constitute a guarantee of availability, selection, or engagement. 

20. THIRD-PARTY WEBSITES AND SERVICES 

The Website may contain links to or integrations with third-party websites, systems, applications, or services. 

PCS does not control and is not responsible for the content, security, availability, privacy practices, or terms of third-party services. 

Your use of a third-party service may be governed by the terms and policies of that third party. 

A link or reference does not necessarily constitute an endorsement by PCS. 

21. PRIVACY AND PERSONAL INFORMATION 

PCS may collect and process personal information in connection with Website use, recruitment, evaluation, Program participation, placement activities, communications, Client opportunities, and related business operations. 

PCS will handle personal information in accordance with applicable law and its applicable privacy notices or policies. 

Where separate consent or authorization is required by law for a particular activity, these Terms do not replace that consent or authorization. 

22. ELECTRONIC COMMUNICATIONS AND RECORDS 

By providing contact information to PCS or communicating electronically with PCS, you agree that PCS may communicate with you electronically regarding: 

  • Your application; 
  • Recruitment activities; 
  • Assessments; 
  • Program Activities; 
  • Prospective Client opportunities; 
  • Placement activities; 
  • Client processes; 
  • Documentation; 
  • Website administration; and 
  • Other matters reasonably related to your relationship or prospective relationship with PCS. 

Where applicable law requires separate consent for a particular form of communication, PCS will obtain such consent where required. 

Electronic records and communications may be retained by PCS as permitted by applicable law and applicable Company retention practices. 

23. SUSPENSION OR TERMINATION OF ACCESS 

PCS may suspend, restrict, block, or terminate access to the Website, Company systems, resources, or materials where PCS reasonably determines that such action is necessary to: 

  • Protect Company systems; 
  • Protect Client or third-party information; 
  • Prevent or address unauthorized access; 
  • Address suspected fraud or misrepresentation; 
  • Protect Confidential Information; 
  • Protect Company intellectual property; 
  • Protect business relationships; 
  • Address a violation of these Terms; 
  • Prevent continued misuse; or 
  • Comply with applicable law. 

Suspension or termination of Website access does not waive or eliminate obligations or remedies that arose before suspension or termination. 

24. REMEDIES AND ENFORCEMENT 

If PCS reasonably determines that a user has violated these Terms, misused PCS or Client information, improperly accessed Company systems, interfered with Company business relationships, infringed intellectual-property rights, engaged in fraud or material misrepresentation, or otherwise caused or threatened legally cognizable harm to PCS, PCS may, subject to applicable law: 

  • Suspend, restrict, block, or terminate access; 
  • Require immediate cessation of unauthorized conduct; 
  • Require return, deletion, or destruction of Company or Client information or property obtained or retained without authorization; 
  • Take reasonable technical, administrative, or operational measures to prevent further misuse; 
  • Seek temporary, preliminary, permanent, or other injunctive or equitable relief; 
  • Seek recovery of actual damages or losses; 
  • Seek recovery of unjust enrichment or other restitutionary relief; 
  • Seek other monetary or equitable relief available under applicable law; 
  • Preserve relevant access logs, communications, submissions, documents, system records, and other evidence; 
  • Conduct reasonable internal investigation concerning suspected violations; 
  • Cooperate with lawful government, regulatory, judicial, or law-enforcement requests; 
  • Seek reasonable attorneys’ fees, costs, or expenses where authorized by applicable law, these Terms, or another applicable agreement; and 
  • Exercise any other rights or remedies available under applicable law or under an applicable separately executed agreement. 

The rights and remedies available to PCS are cumulative and not exclusive. 

PCS may exercise one or more available remedies independently or concurrently to the extent legally permissible. 

PCS’s failure to exercise a right or remedy on one occasion does not waive that right or remedy. 

Nothing in this Section establishes a predetermined payment obligation, Program Investment reimbursement obligation, Commitment Amount, liquidated damages amount, penalty, or other fixed monetary liability solely because a person accesses or uses the Website or breaches these Terms. Any such separately documented obligation must arise from an applicable executed agreement or another legally enforceable basis. 

25. INDEMNIFICATION 

To the extent permitted by applicable law, you agree to indemnify and hold harmless PCS, its affiliates, successors, officers, directors, employees, representatives, and agents from third-party claims, liabilities, losses, damages, judgments, costs, and reasonable expenses arising from or relating to: 

  • Your unlawful use of the Website; 
  • Your material violation of these Terms; 
  • Your knowing submission of fraudulent or materially false information; 
  • Your unauthorized use or disclosure of another party’s Confidential Information; 
  • Your infringement or misappropriation of another party’s intellectual-property or proprietary rights; or 
  • Your intentional misconduct in connection with the Website. 

This Section does not create indemnification liability for conduct that applicable law prohibits PCS from shifting to a user. 

This Section also does not create or replace any Program Investment or Service Commitment obligation governed by separate documentation. 

26. DISCLAIMER OF WARRANTIES 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ITS CONTENT, AND WEBSITE-BASED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

PCS DOES NOT WARRANT THAT: 

  • THE WEBSITE WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE; 
  • ALL CONTENT WILL ALWAYS BE COMPLETE OR CURRENT; 
  • EVERY PROSPECTIVE OPPORTUNITY WILL REMAIN AVAILABLE; 
  • EVERY APPLICANT WILL BE ACCEPTED INTO THE PROGRAM; 
  • EVERY PARTICIPANT WILL BE SUBMITTED TO A CLIENT; 
  • A CLIENT WILL INTERVIEW OR SELECT A PARTICULAR PARTICIPANT; 
  • CLIENT DEPLOYMENT WILL OCCUR; 
  • CLIENT DEPLOYMENT WILL OCCUR WITHIN A PARTICULAR PERIOD; OR 
  • PARTICIPATION WILL RESULT IN ANY PARTICULAR EMPLOYMENT, ENGAGEMENT, COMPENSATION, CLIENT, PROJECT, OR BUSINESS OUTCOME. 

Nothing in these Terms disclaims a warranty or right that cannot legally be disclaimed. 

27. LIMITATION OF LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PCS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING SOLELY FROM ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE. 

This may include, where legally permissible, damages arising from: 

  • Website interruption; 
  • Loss of Website data; 
  • Reliance on Website information; 
  • Unauthorized third-party activity outside PCS’s reasonable control; 
  • Third-party websites or services; or 
  • Changes in prospective Client opportunities. 

Nothing in this Section: 

  • Limits liability where limitation is prohibited by law; 
  • Modifies obligations established in separately executed agreements; or 
  • Eliminates rights or remedies that applicable law requires to remain available. 

28. INFORMAL DISPUTE RESOLUTION 

Before commencing arbitration or litigation concerning these Terms, the parties will attempt in good faith for at least fifteen (15) days to resolve the dispute informally. 

This requirement does not prevent PCS or the user from seeking immediate injunctive or equitable relief where reasonably necessary to protect: 

  • Confidential Information; 
  • Trade secrets; 
  • Intellectual property; 
  • Company property; 
  • System security; 
  • Client information; or 
  • Other rights from actual or threatened misuse. 

29. ARBITRATION AND DISPUTE RESOLUTION 

Except where a separate applicable written agreement establishes a different controlling dispute-resolution procedure, and to the maximum extent permitted by applicable law, any controversy, claim, or dispute arising out of or relating to these Terms or use of the Website that is not resolved through the informal process above shall be resolved by single arbitration pursuant to the rules and procedures of the Montgomery County Center for Mediation and Arbitration, or any successor thereto. 

If that forum no longer exists or is otherwise unavailable, the parties will attempt to agree upon a sole arbitrator. If they are unable to do so, arbitration may be commenced through the Philadelphia office of JAMS in accordance with its applicable rules and procedures. 

Judgment upon the arbitrator’s award may be entered in any court having jurisdiction. 

Notwithstanding the foregoing, either party may seek temporary, preliminary, permanent, or other appropriate injunctive or equitable relief in a court of competent jurisdiction where necessary to protect Confidential Information, trade secrets, intellectual property, Company property, system security, or other rights from actual or threatened misuse. 

Where permitted by applicable law, the arbitrator or court may award the prevailing party reasonable attorneys’ fees and costs. 

Nothing in this Section replaces or modifies a dispute-resolution provision contained in an applicable separately executed agreement governing the same dispute. 

30. GOVERNING LAW 

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, to the maximum extent legally permitted, without regard to conflict-of-laws principles. 

Nothing in these Terms waives or reduces any non-waivable right under the law of the state or locality whose law mandatorily applies. 

Mandatory applicable law will control to the extent of any conflict. 

31. RELATIONSHIP TO OTHER PCS DOCUMENTS 

These Terms govern general access to and use of the Website. 

They are separate from and do not replace: 

  • A Placement Assistance and Service Commitment Agreement; 
  • Commitment Support Documentation; 
  • A Promissory Note; 
  • A guaranty; 
  • A relocation and travel addendum; 
  • An employment agreement; 
  • A consulting or engagement agreement; 
  • An offer letter; 
  • Company policies; 
  • Client-specific obligations; or 
  • Other separately executed documentation. 

In the event of a conflict: 

  1. Mandatory applicable law will control; 
  1. An applicable Promissory Note, guaranty, or other Commitment Support Documentation will control solely with respect to the specific amount, conditions, security, credits, satisfaction provisions, or enforcement matters addressed in that document; 
  1. A later applicable written employment, consulting, engagement, or other agreement signed by the relevant parties will control as to engagement-specific terms; and 
  1. These Terms will otherwise govern Website access and use. 

The rights and remedies contained in these Terms are supplemental to rights and remedies available under applicable law and applicable separately executed agreements. 

These Terms do not amend, replace, accelerate, enlarge, or independently create any Program Investment, Service Commitment, Commitment Amount, Promissory Note liability, guaranty liability, or other payment obligation established through separate documentation. 

32. SURVIVAL 

Provisions that by their nature should survive termination of Website use will remain effective, including provisions concerning: 

  • Confidential Information; 
  • Intellectual property; 
  • Company and Client business protection; 
  • Remedies and enforcement; 
  • Indemnification; 
  • Dispute resolution; 
  • Governing law; 
  • Company property; and 
  • Obligations arising before termination. 

33. ASSIGNMENT 

PCS may assign or transfer these Terms to an affiliate, successor, or acquiring entity in connection with a reorganization, merger, acquisition, transfer of business operations, or similar transaction. 

A user may not assign rights or delegate obligations under these Terms where such assignment would materially affect PCS’s rights or obligations without PCS’s prior written consent. 

34. CHANGES TO THESE TERMS 

PCS may revise these Terms from time to time. 

Revised Terms will identify an updated effective or “Last Updated” date and will apply prospectively from the applicable effective date, subject to applicable law. 

Where legally required, PCS will provide additional notice or obtain additional consent. 

Changes to these Website Terms do not, by themselves, amend a separately executed agreement that requires amendment by signed writing. 

35. SEVERABILITY 

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent legally permissible or severed where necessary. 

The remaining provisions will continue in full force and effect. 

36. NO WAIVER 

PCS’s failure or delay in enforcing a provision, right, or remedy on one occasion does not constitute a waiver of that provision, right, or remedy or prevent later enforcement. 

37. ENTIRE WEBSITE TERMS 

These Terms, together with applicable Website privacy notices and any other Website policy expressly incorporated by reference, constitute the terms governing general use of the Website. 

They do not supersede separately executed agreements between PCS and a Participant, employee, consultant, Client, guarantor, or other contracting party. 

38. CONTACT INFORMATION 

Questions concerning these Terms may be directed to: 

PCS Global Tech LLC 
Wayne, PA 19087 
United States 
info@pcsglobaltech.com
https://www.pcsglobaltech.com/

© PCS Global Tech LLC. All rights reserved. 

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