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Web Site Agreement
PM-Best.com - PMP Certification Exam Resource Web Site Agreement
The PM-Best.com - PMP Certification Exam Resource Web Site (the "Site") is an online information
service provided by PM-Best.com - PMP Certification Exam Resource ("PM-Best.com - PMP Certification Exam Resource "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. PM-Best.com - PMP Certification Exam Resource MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
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MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from
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proprietary notices from the materials. You agree to grant to
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transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to PM-Best.com - PMP Certification Exam Resource by all
means and in any media now known or hereafter developed. You also
grant to PM-Best.com - PMP Certification Exam Resource the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
PM-Best.com - PMP Certification Exam Resource for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
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TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of
PM-Best.com - PMP Certification Exam Resource. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by PM-Best.com - PMP Certification Exam Resource,
PM-Best.com - PMP Certification Exam Resourcedoes not operate, control or endorse any information, products or
services on the Internet in any way. Except for
PM-Best.com - PMP Certification Exam Resource-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
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PM-Best.com - PMP Certification Exam Resource cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. PM-Best.com - PMP Certification Exam Resource PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND PM-Best.com - PMP Certification Exam Resource SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
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ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
PM-Best.com - PMP Certification Exam Resource DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
PM-Best.com - PMP Certification Exam Resource HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PM-Best.com - PMP Certification Exam Resource BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF PM-Best.com - PMP Certification Exam Resource OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, PM-Best.com - PMP Certification Exam Resource LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
PM-Best.com - PMP Certification Exam Resource makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-PM-Best.com - PMP Certification Exam Resource web site, please
understand that it is independent from PM-Best.com - PMP Certification Exam Resource, and that
PM-Best.com - PMP Certification Exam Resource has no control over the content on that web site. In
addition, a link to a PM-Best.com - PMP Certification Exam Resource web site does not mean that
PM-Best.com - PMP Certification Exam Resource endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless PM-Best.com - PMP Certification Exam Resource, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of PM-Best.com - PMP Certification Exam Resource and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between PM-Best.com - PMP Certification Exam Resource and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. PM-Best.com - PMP Certification Exam Resource's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. PM-Best.com - PMP Certification Exam Resource may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
7. USER CONDUCT
You agree not to take any action that might
compromise the security of the Site, render the Site inaccessible to others or
otherwise cause damage to the Site or the Content. You agree not to add to,
subtract from, or otherwise modify the Content. You agree not to use the Site
in any manner that might interfere with the rights of third parties.
8. USER SUPPLIED INFORMATION
If you supply any information or material to PM-Best.com - PMP Certification Exam Resource
via the Site, you guarantee to PM-Best.com - PMP Certification Exam Resource that you have the legal right
to supply, post, or store such information or material and that doing so will
not violate any law or the rights of any person or entity.
9. GENERAL PROVISIONS
a. Claims of Copyright Infringement. Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent
at PM-Best.com - PMP Certification Exam Resource or email to admin@PMPBest.com .
b. Correction of Errors and Inaccuracies. The
Content may contain typographical errors or other errors or inaccuracies and
may not be complete or current. PM-Best.com - PMP Certification Exam Resource therefore reserves the right
to correct any errors, inaccuracies or omissions and to change or update the
Content at any time without prior notice. PM-Best.com - PMP Certification Exam Resource does not, however,
guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. Every
provision of this Agreement will be construed, to the extent possible, so as
to be valid and enforceable. If any provision of this Agreement so construed
is held by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable, such provision will be deemed severed from this
Agreement, and all other provisions will remain in full force and effect. Any
and all disputes relating to these Terms of Use, PM-Best.com - PMP Certification Exam Resource Privacy
Policy, your use of the Site, the Service, or the Content (collectively,
“Disputes”) are governed by, and will be interpreted in accordance with, the
laws of the State, without regard to any conflict of laws provisions. Any
Dispute will be venued in a state or federal court situated in State, and you
hereby irrevocably submit to the personal jurisdiction of such courts for that
purpose.
d. Entire Agreement/No Waiver. This Agreement
constitutes the entire agreement of the parties with respect to the subject
matter hereof. No waiver by PM-Best.com - PMP Certification Exam Resource of any breach or default hereunder will
be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted herein are reserved.
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