Projectmanagement.com User Agreement

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Projectmanagement.com User Agreement

Terms of Use for ProjectManagement.com

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·         Updated 04/24/2024

Welcome to ProjectManagement.com, a community website of the Project Management Institute, Inc. (“PMI”). We are pleased to have you join our community.

PLEASE READ THIS USER AGREEMENT (“AGREEMENT”) CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PMI REGARDING THE PROJECTMANAGEMENT.COM WEB SITE (THE "SITE") AND YOUR USE OF THE SITE.

BY REGISTERING AS A USER OF PROJECTMANAGEMENT.COM, YOU AGREE TO FOLLOW AND BE BOUND BY THIS AGREEMENT. YOU ARE PERMITTED TO USE, REPRODUCE, AND DISPLAY MATERIALS ON THE SITE ONLY IF YOU ACCEPT ALL THE TERMS IN THIS AGREEMENT. IF YOU CLICK THE "YES" BUTTON YOU INDICATE YOUR AGREEMENT TO THE TERMS BELOW. IF YOU DO NOT AGREE TO THE TERMS, PLEASE CLICK THE "NO" BUTTON TO EXIT REGISTRATION, AND DO NOT USE THE SITE. 

THE USE, REPRODUCTION, OR DISPLAY OF ANY MATERIALS ON THE SITE BY YOU OR A THIRD PARTY ON YOUR BEHALF CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
 

1. SCOPE OF AGREEMENT
This Agreement is by and between PMI ("we", "us", "our", “"PMI") and you ("you", "your" or "User") and governs your use of the  Site and all information, content, products, materials and services made available to you through the Site by us andr third parties (the Site and all information and materials available on the Site are collectively referred to as the "Services").

When we refer to the "use" of the Services, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. This Agreement, together with the other terms of use applicable to other PMI-owned or controlled web sites and any other PMI policies and  rules which are described, linked or otherwise referred to here, form a part of your agreement with us, including without limitation our Privacy Policy.

PMI reserves the right to modify this Agreement at any time, and will post a notice of changes. The changes become effective immediately upon posting (the "Effective Date"). If any change to the Agreement is not acceptable to you, you must stop using the Services. Your use of the Services after the Effective Date constitutes your acceptance of such changes. If we make any new products or services available on or through the Site, they will be considered a part of the Services and your use of them will be governed by this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services accessed on or through the Site.

2. DEFINITIONS
2.1 "Collaborative Content" refers to User Content posted on or to the Interactive Services sections of the Site for the purposes of collaboration with other users.

2.2 “PMI Intellectual Property" refers to all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same, which are owned by PMI, or licensed to PMI by third parties. This includes but is not limited to PMI Content and PMI Trademarks, defined below.

2.3 “PMI Trademark(s)" refers to all trademarks and service marks owned by PMI, which includes but is not limited to trademarks referred to on or associated with the Site

2.4 "PMI" refers to Project Management Institute, Inc.

2.5 ”PMI Content" refers to content owned by  PMI or other content owned by third-party partners of PMI that is licensed for use to PMI, which includes but is not limited to content contained or used on or referring to the Site.

2.6 "Services" refers to all information, content, products, materials and services made available to you by PMI and affiliated third parties via the Site, including without limitation message boards, chat boards, blogs, virtual communities, and other interactive media.

2.7 "Site" refers to the website www.projectmanagement.com, which is owned and operated by PMI.

2.8 "User Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or any other materials posted on or to the Site by Users.

2.9 ''You'', "your" and ''User'' refers to any individual or entity accessing the Site for any reason.
 

3. OWNERSHIP AND USE OF PMI INTELLECTUAL PROPERTY
3.1 Rights To PMI Intellectual Property: PMI Intellectual Property is owned by PMI or is licensed to us by our third party partners. PMI Intellectual Property may include any content posted on the Site or via the Services that has been purchased, licensed or created in whole or in part by PMI. You have no rights in or to PMI Intellectual Property. You agree you will not copy, transmit, reproduce, publish, create derivative works based upon or otherwise use (collectively “transmit”) any PMI Intellectual Property, except as specifically permitted under this Agreement.  Also, you may not "mirror" any PMI Intellectual Property found on the Site on any other server without PMI’s prior written consent.

3.2  Use of PMI Content. We have posted to the Site certain PMI Content for your use. Unless otherwise specifically set forth on the Site, or we give you written permission, you may only use the PMI Content for personal use as expressly permitted under this Agreement and not for any commercial use, sale or transfer to any third party.

Templates and forms may be provided for your use. If there is a PMI copyright statement or other notice of ownership included in the template, you agree that you will not alter, erase or otherwise obscure any such copyright, or other notice in the downloadable form or template.

You acknowledge and agree that the PMI Content is made available for informational and educational purposes only without representation or warranty of any kind and does not constitute and is not a substitute for professional advice.  We do not warrant or guarantee the truthfulness, accuracy, quality, usefulness or reliability of any PMI Content. Your use of and reliance upon PMI Content is at your own risk. All rights not expressly granted in this Agreement are reserved to PMI.

3.3 Requests for Permission to Use PMI Content. You may request permission to reproduce all or a portion of PMI Content on the Site via the Permissions section of Site. We reserve the sole discretion to determine whether and on what terms PMI Content will be licensed to you. Depending on the nature and scope of your intended use, licensing fees may apply.

3.4 Use of PMI Trademarks: The PMI Trademarks appearing on the Site may not be used in any advertising or publicity, or otherwise to indicate PMI’s sponsorship of or affiliation with any product or service, without PMI’s prior express written permission. You are prohibited from using PMI Trademarks or any names, PMI Trademarks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of PMI. You agree you will not use or alter any PMI Trademark in any manner to make it appear that PMI is endorsing, sponsoring, authorizing or affiliated with you, your company, or any third party, except as expressly permitted in writing by PMI. Additionally, when you use PMI Trademarks with our permission, you agree to be bound by and to follow the terms of PMI's Trademark Usage Guidelines.

4. LINKS
4.1 Links to Third-Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you agree that PMI is not responsible for the accuracy, value, usefulness or availability of such external sites or resources, and that PMI does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or otherwise made available via such sites or resources. You also agree that we are not responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services made available on or through any third-party site or resource.

4.2 Linking to the Site. You may link to the Site by hyperlinking to the Site’s homepage or reproducing a URL. The use of PMI Trademarks to link to the Site is not permitted under this Agreement.

5. MESSAGE BOARDS, CHAT BOARDS, BLOGS, VIRTUAL COMMUNITIES and OTHER INTERACTERIVE MEDIA

5.1 Responsibilities for Posting User Content and Use of Interactive Media : In connection with your use of the Site, you may have access to and use of discussion groups, chat rooms, message boards, blogs, virtual communities, wikis and other collaborative websites, and other interactive functionality that are part of the Services. You are responsible for all User Content you upload, post, link to or otherwise transmit (collectively "transmit") and the consequences thereof. You agree that you will only transmit User Content that you own or have permission to post to the Site and that you do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that PMI has no responsibility for or control over the User Content you transmit on the Site.

Additionally, you agree that you will not:

·         transmit content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, discriminatory, hateful, or offensive by reasonable standards;

·         impersonate any person or entity;

·         transmit content that targets or harms minors in any way;

·         forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content;

·         transmit content that is confidential and that you do not have a right to make available, such as trade secrets, proprietary or confidential information, or information acquired under nondisclosure agreements;

·         transmit content that infringes the intellectual property rights of any person or company. For example, you will not post content such as an article, book, graphic image, photograph, video audio recording that you know is owned by another person or company and that you have not obtained permission to transmit ;

·         transmit unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;

·         introduce software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·         disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

·         interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

·         violate any local, state, national or international law;

·         provide material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

·         "stalk" or otherwise harass any person;

·          collect or store personal data about other users; or,

·         advertise or solicit anyone to buy or sell products or to make donations of any kind absent prior written approval from PMI, as set forth in more detail in Section 6 below.

5.2 Perpetual License to PMI: You grant to PMI unlimited, worldwide, fully paid, royalty-free permission in perpetuity to use any User Content you submit to the Site for any purpose related to or associated with: (a) the Site and (b) any other PMI product or service.

5.3 Use of Content Posted by Other Users: Unless otherwise expressly stated on the Site, you have no rights in or to User Content posted by other Users on the Site. You agree you will not copy, reproduce, publish, create derivative works based upon or otherwise retransmit any User Content without the express written permission of the owner of such User Content.

User Content posted for the purposes of collaboration and marked as such (“Collaborative Content”) may be used by other Users and is not subject to the limitations on User Content above. Collaborative Content is clearly marked as such on the Site. 

5.4: No Warranties: We do not warrant or guarantee the truthfulness, accuracy, quality, usefulness or reliability of any of the User Content transmitted on or to the Site. We also do not endorse any opinions expressed by any User or third party on the Site. You agree that you must evaluate and bear all risks associated with the use of any User Content

5.5. Right To Remove or Edit Content: Although we do not actively monitor or pre-screen your use of the Site, we reserve the unconditional right (but not the obligation) in our sole discretion to remove, move or edit any User Content.  We have no liability or responsibility to you or any other person or entity for performance or nonperformance of our monitoring activities.

5.6 Content Development Contracts: PMI has in place with some Users contracts to provide PMI with content to be used on the Site. That includes without limitation webinars, trainings, articles, templates and blogs. For purposes of this Agreement, Content created under those contracts is PMI Content, owned by PMI and subject to the terms of paragraph 3 of this Agreement.

6. COPYRIGHT COMPLIANCE AND COMPLAINTS
6.1 Prohibition against infringement: PMI respects the intellectual property rights of others. PMI may, at its sole discretion, disable or terminate access to the Site or use of the Services or terminate the subscription of those Users who may be infringing the intellectual property rights of others or attempting to circumvent restrictions to Site content put in place by PMI to protect intellectual property. You agree to refrain from the following: (a) circumventing PMI’s access control measures to any content on the Site; (b) posting or otherwise offering circumvention technology through any of PMI’s websites or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of law or this Agreement.

6.2 Take Down Procedures: PMI’s policy for removing infringing content and terminating subscribers from the Site who are repeat offenders is as follows:

A copyright owner who believes their work has been used on the Site in a manner that constitutes copyright infringement must notify the designated agent below by written notice. The notice must include the following information: (a) the owner's name, address, telephone number, and  email address; (b) a description and a copy of the work that is allegedly being infringed, or a website where the work may be found; (c) identification of the location of the infringing material on the Site; (d) a statement that the use of the copyrighted material was not authorized by the owner or their authorized agent; and (e) a statement that the information in the notification is accurate and made by the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf. Upon receiving the proper notification, PMI will remove or disable access to the allegedly infringed material from the Site. PMI reserves the right to investigate the matter further before removal of the material if circumstances warrant.

6.3 Contact for Claims: Notices of claims of copyright infringement should be sent to [email protected]., copied to [email protected].

7. COMPLIANCE WITH THE CAN-SPAM ACT
7.1 CAN-SPAM Prohibitions: You agree to abide by the CAN-SPAM Act (15 U.S.C. §§7701-13) when utilizing the Site and contacting other users by email. That means you may not use the Site to bombard individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other prohibited activities such as (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines.

7.2 Disclaimer of Liability: PMI will not be liable in any way for any user’s failure to adhere to the CAN-SPAM Act or any other applicable laws. You agree to indemnify, defend, and hold harmless PMI, its affiliates, officers, directors, employees, members and agents from any and all third party claims or costs (including, but not limited to, attorneys' fees) arising from the your activities in violation of the CAN-SPAM Act or any other applicable laws.  

8. REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY
8.1 User Representations: You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving the Services offered here under the laws of the United States or any other country. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it current and complete. If you provide information about yourself that is deliberately false, or PMI has reasonable grounds to suspect that such information is untrue, PMI has the right to suspend or terminate your access to the Site and refuse any current or future use of the Site.

8.2 Confidentiality of ID and Password: You are responsible for maintaining the strict confidentiality of your User IDs and passwords to the Site and for any charges, damages, liabilities or losses incurred as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs or passwords, your disclosure of your User IDs or passwords, or your authorization to allow another person to access and use the Site using your User IDs or passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs or passwords or other need to deactivate a User ID or password due to security concerns.

9. DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT LIMITED TO ALL PMI INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL PMI BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE INTERACTIVE SERVICES. PMI DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

10. LIMITATION OF LIABILITY AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHERPMI NOR ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT PMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OF THE SITE OR THE SERVICES, OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUPPLIERS FROM, FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED.

11. INDEMNITY
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms of this Agreement, (b) your use of the Site or the Services, and/or (c) the use of the Site or the Services by any other person using your IDs. We may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action.

12. RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS
PMI reserves the right to terminate, block or restrict your access to or use of the Site for any breach or violation of any term of this Agreement. In such event, we may terminate this Agreement, and restrict, suspend or terminate your access to the Site and use of the Services immediately and without notice or liability, with or without cause Our termination of access to the Site  and use of the Services will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site and the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Site or the Services. Upon the effective date of termination, your right to access and use the Site or the Services shall immediately cease.

13. GOVERNING LAW AND JURISDICTION
13.1 Governing Law: This Agreement is governed by the laws of the Commonwealth of Pennsylvania.

13.2 Jurisdiction of Pennsylvania Courts: All disputes under this Agreement shall be resolved by litigation in the federal or state courts of the Commonwealth of Pennsylvania and you consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.

14. ASSIGNABILITY
This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party. 

15. WAIVER
No waiver by either you or PMI of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

16. SEVERABILITY
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

17. SURVIVAL OF TERMS
Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.

18. LIMITATION ON ACTIONS
You agree that regardless of any applicable law providing for a statute of limitations to the contrary, any claim or cause of action arising out of or related to the use of the Site or Services, or otherwise relating to this Agreement, must be filed within one (1) year after the claim or cause of action arose, or will be forever barred.

19. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between you and PMI related to use of the Site and the Services , and revokes and supersedes all prior agreements between you and PMI regarding the Site and the Services. This Agreement takes precedence over any other documents which may conflict with this Agreement.