Project Management Academy Terms & Conditions

By accessing and using the Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). If you do not agree with any of the Terms of Use, you are not authorized to access or use the Site for any purpose. By using the Site, you express your understanding and agreement that you are bound by this Agreement. If you are unwilling to be bound by this Agreement, do not use the Site. Project Management Academy® reserves the right to modify the Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

For correspondence by mail, please write to our corporate headquarters address as follows:
      eCity Market Inc
      3309 West 80 North
      Kokomo, IN 46901

1. Definitions

In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to Project Management Academy®.

2. Changes to Terms and Conditions

Project Management Academy® reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

3. Permitted and Prohibited Uses

This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, Project Management Academy® grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers; transfer the Content to any other person without the prior written explicit consent of Project Management Academy®; use this Site in any manner that could damage, disable, overburden or impair this Site; upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs; interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites; infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity; disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites; use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; use or attempt to use another's account, password, service, system or other information without prior written authorization from Project Management Academy®, or create or use a false identity on this Site; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

4. Copyright and Trademarks

Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by Project Management Academy®. You may print or download one copy of the Content on this Site on a single computer for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from Project Management Academy®, or Project Management Academy's® content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Project Management Academy® is prohibited.

5. Links and Third Party Websites

Project Management Academy® provides to you, on this Site, links to Third Party Websites operated by other entities. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the www.projectmanagementacademy.net URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by Project Management Academy® of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that Project Management Academy® or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of Project Management Academy. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.

This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Project Management Academy® shall not have any liability whatsoever to you for any such third party material, data or information.

6. Submission of Information

Although Project Management Academy® may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Project Management Academy® through this Site, Project Management Academy® does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to Project Management Academy® through this Site. Except for personal information about you, any information you do send to Project Management Academy® through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to Project Management Academy® a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

7. Agreement to Privacy Policy

Project Management Academy® respects your desire for privacy. Project Management Academy's® Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

8. Cancellation/Refund Policy

Students are given access to training materials upon registration. Therefore, all training courses are non-refundable. Students may transfer live training courses to a future date provided that the student provides Project Management Academy® with at least 16 days notice. Project Management Academy® reserves the right to cancel or reschedule classes at any time due to operational needs. Should a class be rescheduled or cancelled, the student will be given credit towards a future class. If a student is disruptive, Project Management Academy® reserves the right to remove the student from the course at any time. In the event a refund is provided, tuition fees will be refunded by either, at Project Management Academy's® sole discretion, a credit issued to the student's credit card or a check mailed to the student's billing address within fourteen (14) calendar days after the request is approved. Books shipped to students are non-refundable. All transfer, cancelation or refund requests must be made in writing via email to contact@projectmanagementacademy.net or via fax to 408-521-3770.

9. 100% Pass Guarantee Policy

To qualify for the 100% pass guarantee students must meet the following criteria: students must take their first exam within 30 days of attending the course, students must take any retake exams within 20 days of their previous exam date, students must send post-exam assessment reports to contact@projectmanagementacademy.net or fax them to 408-521-3770 within 7-days of taking the exam, students must have at least 3-years of experience as a project manager, and students must attend the entire 4-day course and can miss no more than a total of 30 minutes of class time. Retake exams will be valued at the PMI member discount rate of $275, Project Management Academy® will issue a credit to students within 30-days of receipt of notification of exam failure. If a student qualifies for the 100% pass guarantee and fails the first PMP exam attempt, Project Management Academy® shall pay for the student to retake the exam. If the student qualifies for the 100% pass guarantee and fails the PMP exam 3 times, Project Management Academy® shall refund the full tuition amount less course materials costs and previous refunds issued. Course materials costs include any actual costs incurred to deliver the training course, which may include, where applicable, books, binders and training aids valued at $450 and food costs valued at $250. Under no circumstances shall the amount refunded be greater than the amount the student paid for the course.

10. Disclaimers

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON INFRINGEMENT. PROJECT MANAGEMENT ACADEMY, THEIR AFFILIATES AND RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. UNDER NO CIRCUMSTANCES DOES THE PROJECT MANAGEMENT ACADEMY NOR ITS AFFILIATES, GUARANTEE OR PROVIDE WARRANTY TO THE STUDENT’S ELIGIBILITY TO SIT FOR THE PMP EXAM. THE PROJECT MANAGEMENT INSTITUTE AT ITS SOLE DISCRETION MAKES SUCH ELIGIBILITY DECISIONS. SINCE ELIGIBILITY DECISIONS ARE MADE BY A THIRD PARTY, THE PROJECT MANAGEMENT ACADEMY MAKES NO GUARANTEES AS TO THE STUDENT’S EXPERIENCE OR EDUCATIONAL PREREQUISITES TO QUALIFY FOR THE PMP EXAM. FURTHER, BECAUSE THE PROJECT MANAGEMENT INSTITUTE IS A THIRD PARTY, THE PROJECT MANAGEMENT ACADEMY CANNOT GUARANTEE PDUS WILL BE DEEMED SATISFACTORY TO MEET THE MINIMUM EDUCATIONAL REQUIREMENTS AS SET FORTH IN THE PROJECT MANAGEMENT PROFESSIONAL CREDENTIALS HANDBOOK. STUDENTS SHALL BE RESPONSIBLE FOR ENSURING THEY MEET ALL OF THE REQUIREMENTS TO SIT FOR THE PMP EXAM AND SHALL IN NO CASE HOLD THE PROJECT MANAGEMENT ACADEMY, NOR ITS AFFILIATES RESPONSIBLE AND SHALL HAVE NO RECOURSE IF DENIED PERMISSION TO SIT FOR THE PMP EXAM. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limit of Liability

IN NO EVENT SHALL PROJECT MANAGEMENT ACADEMY, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT PROJECT MANAGEMENT ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE-HUNDRED DOLLARS. THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROJECT MANAGEMENT ACADEMY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. Indemnity

You agree to defend, indemnify and hold harmless Project Management Academy®, and their respective directors, officers, partners, employees, representatives, contractors, affiliates, successors or assigns, including all third parties mentioned at this Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site and the Content or your breach of these Terms and Conditions or in connection with your use of the Services.

13. Governing Law and Venue.

These Terms and Conditions shall be construed in accordance with the laws of the State of Indiana, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the state courts located in Howard County, Indiana, and the federal courts located in the Southern District of Indiana, with respect to disputes hereunder.

14. General

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between Project Management Academy® and you with respect to your use of this Site. Project Management Academy's® failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.